S T A T E O F N E W Y O R K
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9610
I N A S S E M B L Y
March 28, 2022
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Introduced by M. of A. McMAHON -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the highway law, the state finance law and the environ-
mental conservation law, in relation to imposing a highway use fee on
outdoor advertising, establishing a New York state urban reforestation
fund and making provisions supporting urban forestry
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "urban
reforestation act".
§ 2. Legislative findings and intent. The legislature finds that
planting trees in urban areas helps to preserve the environment, promote
health, mitigate air pollution and enhance the urban environment. Trees
absorb pollution, produce oxygen, and provide shade and block winds in a
manner that conserves both costs and energy. Tree-lined streets offer
aesthetic appeal, improve property values and provide tangible physical
benefits to improve the pedestrian experience. The legislature also
finds that the stated purposes of article 53 of the environmental
conservation law relating to urban forestry could be better achieved if
a method of funding existed exclusively for such purpose.
Therefore, it is the intent of this act to create a New York state
urban reforestation fund, which shall be a source of money used to
promote the planting, conservation and maintenance of trees in certain
urban areas of this state in order to produce important economic, envi-
ronmental and physical benefits. This fund shall be a source of money
used exclusively for the purposes of urban forestry as provided in arti-
cle 53 of the environmental conservation law.
§ 3. Section 88 of the highway law is amended by adding a new subdivi-
sion 5-a to read as follows:
5-A. (A) THERE IS HEREBY IMPOSED ON OUTDOOR ADVERTISING SIGNS WHICH
ARE VISIBLE FROM INTERSTATE AND PRIMARY SYSTEM HIGHWAYS, A FEE AS
PROVIDED IN THIS SUBDIVISION. OFFICIAL SIGNS, ON-PREMISES SIGNS, DIREC-
TION SIGNS, AND SIGNS OWNED BY PERSONS WITH FIVE OR FEWER BILLBOARDS
SHALL BE EXEMPT FROM SUCH A FEE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11984-02-1
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(B) IN CITIES WITH A POPULATION OF ONE MILLION OR MORE, SUCH FEES
SHALL BE COLLECTED BY THE CITY ANNUALLY. IN ALL OTHER AREAS OF THE
STATE, SUCH FEE SHALL BE COLLECTED BY THE COMMISSIONER AS PART OF THE
PROCESS OF REGULATION OF OUTDOOR ADVERTISING.
(C) ALL BILLBOARD FACES VISIBLE FROM INTERSTATE AND PRIMARY SYSTEM
HIGHWAYS SHALL PAY AN ANNUAL FEE OF ONE THOUSAND DOLLARS.
(D) THE STATE COMMISSIONER OF TRANSPORTATION, AND CITIES WITH A POPU-
LATION OF ONE MILLION OR MORE SHALL DEPOSIT THE REVENUE COLLECTED PURSU-
ANT TO THIS SUBDIVISION IN THE NEW YORK STATE URBAN REFORESTATION FUND
PURSUANT TO SECTION NINETY-ONE-H OF THE STATE FINANCE LAW.
(E) ANY PERSON WHO VIOLATES ANY PROVISION OF THIS SUBDIVISION, OR ANY
RULE, REGULATION, OR ORDER PROMULGATED PURSUANT THERETO SHALL BE LIABLE
FOR A MINIMUM CIVIL PENALTY OF FIVE HUNDRED DOLLARS AND AN ADDITIONAL
CIVIL PENALTY OF ONE HUNDRED DOLLARS A DAY FOR EACH DAY DURING WHICH
EACH SUCH VIOLATION CONTINUES. EVERY CIVIL PENALTY THAT IS ASSESSED
PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE DEPARTMENT OF TRANS-
PORTATION TO AID IN IMPLEMENTATION AND ENFORCEMENT OF THIS SECTION
INCLUDING IMPLEMENTATION OF THE PERMIT REGISTRATION PROGRAM, INSPECTION
AND REMOVAL OF ILLEGAL OUTDOOR ADVERTISING.
§ 4. The state finance law is amended by adding a new section 91-h to
read as follows:
§ 91-H. NEW YORK STATE URBAN REFORESTATION FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK
STATE URBAN REFORESTATION FUND.
2. SUCH FUND SHALL CONSIST OF ALL FEES, REVENUES, FINES AND FORFEI-
TURES COLLECTED PURSUANT TO SUBDIVISION FIVE-A OF SECTION EIGHTY-EIGHT
OF THE HIGHWAY LAW AND REQUIRED TO BE DEPOSITED TO THIS FUND, AND ALL
OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR
SOURCE PURSUANT TO LAW.
3. MONEYS OF THE FUND SHALL BE AVAILABLE ONLY FOR THE PAYMENT OF STATE
AID PURSUANT TO THE PROVISIONS OF TITLE THREE OF ARTICLE FIFTY-THREE OF
THE ENVIRONMENTAL CONSERVATION LAW FOR THE PURPOSE OF ENFORCING THE
PROVISIONS OF SUCH TITLE.
§ 5. Section 53-0303 of the environmental conservation law is amended
by adding eight new subdivisions 8, 9, 10, 11, 12, 13, 14 and 15 to read
as follows:
8. "PROFESSIONAL FORESTER" MEANS AN INDIVIDUAL WHO HAS GRADUATED FROM
A SCHOOL OF FORESTRY RECOGNIZED OR ACCREDITED BY A PROFESSIONAL ASSOCI-
ATION OF FORESTERS OR BY A STATE OR FEDERAL ENTITY SO AUTHORIZED; OR ONE
WHO POSSESSES QUALIFICATIONS FOR THE PRACTICE OF FORESTRY ESSENTIALLY
EQUIVALENT TO THOSE POSSESSED BY A GRADUATE OF A SCHOOL OF FORESTRY IN A
CURRICULUM OF FOREST MANAGEMENT RECOGNIZED OR ACCREDITED BY A PROFES-
SIONAL ASSOCIATION OF FORESTERS OR BY STATE OR FEDERAL ENTITIES.
9. "CONSERVATION" MEANS PLANNED MANAGEMENT OF NATURAL RESOURCES FOR
THE BENEFIT OF SOCIETY TO PREVENT EXPLOITATION, DESTRUCTION OR NEGLECT.
10. "INVENTORY" MEANS A SURVEY OF NATURAL RESOURCES IN A DEFINED AREA,
INCLUDING LOCATION, CONDITION, SIZE, AND SPECIES OF TREES AND ASSOCIATED
VEGETATION AS WELL AS POTENTIAL PLANTING SITES.
11. "MANAGEMENT PLANNING" MEANS THE ORGANIZED COMPILATION OF INVENTORY
DATA WITH AN ACTION PLAN AIMED AT IMPROVING TREE RESOURCES.
12. "TREE MAINTENANCE" MEANS PROVIDING CARE TO TREE RESOURCES TO
ASSURE THE HEALTH OF THE URBAN TREE RESOURCE.
13. "PLANTING" MEANS THE ACT OF ESTABLISHING TREES AT A SITE, INCLUD-
ING SITE PREPARATION, AND INSTALLATION OF THE TREE.
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14. "PRUNING" MEANS THE CUTTING OF TREE LIMBS TO IMPROVE TREE HEALTH
AND FORM BY REMOVING DEAD, DISEASED AND DAMAGED WOOD.
15. "REMOVAL" MEANS THE CUTTING OF SELECTED TREES THAT ARE HAZARDOUS,
DEAD, DISEASED OR IN SOME OTHER WAY BECOMING A DANGER TO PUBLIC WELFARE.
§ 6. The environmental conservation law is amended by adding a new
section 53-0309 to read as follows:
§ 53-0309. URBAN REFORESTATION ASSISTANCE.
1. IN CITIES WITH A POPULATION OF ONE MILLION OR MORE, THE COMMISSION-
ER SHALL AWARD GRANTS ANNUALLY TO SUCH CITIES IN AN AMOUNT EQUAL TO THE
MONIES COLLECTED BY THE CITY, EXCLUDING FUNDS KEPT BY THE DEPARTMENT FOR
THE PURPOSE OF ADMINISTERING THE URBAN REFORESTATION ACT, AND DEPOSITED
INTO THE URBAN REFORESTATION FUND. MONIES SHALL BE AWARDED EXCLUSIVELY
FOR ESTABLISHMENT OF AN URBAN FORESTRY PLAN AND URBAN FORESTRY PLANNING
CAPABILITY WHICH INCLUDES THE SERVICES OF A PROFESSIONAL FORESTER AND/OR
LICENSED LANDSCAPE ARCHITECTS, UNDERTAKING AND MAINTAINING AN INVENTORY,
AND UNDERTAKING TREE PLANTING, MAINTENANCE, REMOVAL AND PRUNING.
2. IN CITIES WITH A POPULATION OF LESS THAN ONE MILLION AND MORE THAN
TWENTY THOUSAND, THE COMMISSIONER SHALL AWARD GRANTS FROM FUNDS APPRO-
PRIATED AND AVAILABLE FROM THE NEW YORK URBAN REFORESTATION FUND, AS
FOLLOWS: ANNUALLY, FIFTY PERCENT OF THE FUNDS AVAILABLE SHALL BE
DISTRIBUTED PROPORTIONALLY ACCORDING TO POPULATION DENSITY TO BE USED
FOR ESTABLISHMENT OF AN URBAN FORESTRY PLAN AND URBAN FORESTRY PLANNING
CAPABILITY WHICH INCLUDES THE SERVICES OF A PROFESSIONAL FORESTER AND/OR
LICENSED LANDSCAPE ARCHITECTS, UNDERTAKING AND MAINTAINING AN INVENTO-
RY, AND UNDERTAKING TREE PLANTING, TREE MAINTENANCE, REMOVAL AND PRUN-
ING, FORTY PERCENT OF THE FUNDS AVAILABLE SHALL BE DISTRIBUTED FOR URBAN
AREAS SUBJECT TO A COMPLETED URBAN FORESTRY PLAN FOR ACTIVITIES PURSUANT
TO SUCH PLAN BASED ON NEED AND MERIT AND UP TO TEN PERCENT OF THE FUNDS
AVAILABLE SHALL BE AVAILABLE TO THE DEPARTMENT TO COVER THE COSTS
INCURRED IN ADMINISTERING THE PROVISIONS OF THIS TITLE.
§ 7. This act shall take effect on the sixtieth day after it shall
have become a law.