Bill Text: NY A00375 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 375 (Prior Session Legislation)

Introduced

Bill Title: Seeks to protect the public trust in the natural resources in state parks and historic sites by protecting their natural resources (i.e., timber, forest products, oil, gas, sand, rock, gravel or minerals derived from or originating in a state park or historic site) from certain commercial uses; prohibits the office of parks, recreation and historic preservation (and officers and employees thereof) from engaging in various activities related to commercial use of natural resources, that is: entering into leases or contracts with a private party to log timber; selling or exchanging timber, forest products or other natural resources for use outside the park or site; conversion of any natural resource, etc.; the extension of existing leases or contracts for the conversion of natural resources; or the construction of logging roads or skids; defines the terms "conversion", "forest product", "private party" and "timber".

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2011-01-05 - referred to tourism, arts and sports development [A00375 Detail]

Download: New_York-2009-A00375-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          375
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M.  of  A.  HOYT,  COLTON,  ENGLEBRIGHT -- read once and
         referred to the Committee on Tourism, Parks, Arts and Sports  Develop-
         ment
       AN  ACT to amend the parks, recreation and historic preservation law, in
         relation to protecting natural resources in state parks  and  historic
         sites
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The parks, recreation  and  historic  preservation  law  is
    2  amended by adding a new section 3.10 to read as follows:
    3    S 3.10 PROTECTION OF NATURAL RESOURCES. 1. AS USED IN THIS SECTION:
    4    (A)  "CONVERSION"  SHALL  MEAN  THE ALTERATION OR REMOVAL OF A NATURAL
    5  RESOURCE FOR A NON-PARK PURPOSE.
    6    (B) "FOREST PRODUCT" SHALL MEAN ANY OBJECT CONSTRUCTED FROM TIMBER, OR
    7  A NON-CONSTRUCTION FORM OF TREES FROM A  STATE  PARK  OR  HISTORIC  SITE
    8  INCLUDING, BUT NOT LIMITED TO, WOOD CHIPS, WOOD PULP AND SAWDUST.
    9    (C)  "PRIVATE  PARTY"  SHALL  MEAN  ANY  ENTITY OTHER THAN THE OFFICE,
   10  INCLUDING BUT NOT LIMITED TO CORPORATIONS OR OTHER BUSINESSES,  NOT-FOR-
   11  PROFIT ORGANIZATIONS, OR PRIVATE CITIZENS.
   12    (D)  "TIMBER" SHALL MEAN WOOD FROM A STATE PARK OR HISTORIC SITE SUIT-
   13  ABLE FOR CONSTRUCTION PURPOSES WHETHER CUT  OR  STILL  IN  THE  FORM  OF
   14  TREES.
   15    (E)  "NATURAL  RESOURCE" SHALL MEAN TIMBER, FOREST PRODUCTS, OIL, GAS,
   16  SAND, ROCK, GRAVEL, OR MINERALS DERIVED FROM OR ORIGINATING IN  A  STATE
   17  PARK OR HISTORIC SITE.
   18    2.  IN  ORDER  TO PROTECT THE PUBLIC TRUST IN THE NATURAL RESOURCES IN
   19  STATE PARKS AND HISTORIC SITES, THE OFFICE OR ANY  OFFICER  OR  EMPLOYEE
   20  THEREOF SHALL NOT:
   21    (A)  ENTER INTO AN AGREEMENT TO LEASE OR CONTRACT WITH A PRIVATE PARTY
   22  TO LOG TIMBER IN STATE PARKS OR HISTORIC SITES;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01157-01-1
       A. 375                              2
    1    (B) SELL, EXCHANGE OR OTHERWISE REMOVE OR ALLOW TO UNDERGO  CONVERSION
    2  ANY  TIMBER,  FOREST PRODUCTS OR OTHER NATURAL RESOURCES FOR USE OUTSIDE
    3  STATE PARKS OR HISTORIC SITES;
    4    (C) CONVERT ANY NATURAL RESOURCE IN A STATE PARK OR HISTORIC SITE;
    5    (D)  EXTEND  ANY  EXISTING LEASE OR CONTRACT FOR THE CONVERSION OF ANY
    6  NATURAL RESOURCE IN A STATE PARK OR HISTORIC SITE; OR
    7    (E) CONSTRUCT ROADS AND SKIDS FOR THE PURPOSE OF  REMOVING  TIMBER  OR
    8  FOR  THE  CONVERSION  OF  NATURAL  RESOURCES IN STATE PARKS AND HISTORIC
    9  SITES.
   10    3. NOTHING IN THIS SECTION SHALL BE UNDERSTOOD TO:
   11    (A) RESTRICT THE SALE OF FIREWOOD COLLECTED IN  STATE  PARKS  FOR  USE
   12  WITHIN STATE PARKS;
   13    (B)  RESTRICT  OTHERWISE  PERMISSIBLE  HUNTING OR FISHING WITHIN STATE
   14  PARKS, OR THE REMOVAL OF FISH OR GAME OBTAINED THROUGH  SUCH  ACTIVITIES
   15  FROM STATE PARKS;
   16    (C) RESTRICT THE OTHERWISE PERMISSIBLE SALE, EXCHANGE OR CONVERSION OF
   17  OBJECTS, SUBSTANCES OR PRODUCTS NOT DERIVED FROM OR ORIGINATING IN STATE
   18  PARKS OR HISTORIC SITES; OR
   19    (D) RESTRICT THE OFFICE FROM CONDUCTING ROUTINE MAINTENANCE ACTIVITIES
   20  INCLUDING REMOVING TREES OR BRANCHES THAT ARE EITHER DISEASED OR POSE AN
   21  IMMINENT  RISK  TO  THE  ECOLOGICAL  HEALTH  OF  ANY GIVEN STATE PARK OR
   22  HISTORIC SITE, OR HAVE FALLEN ACROSS ROADS OR TRAILS  WITHIN  THE  STATE
   23  PARK OR HISTORIC SITE.
   24    S  2.  This  act  shall take effect immediately and shall apply to all
   25  agreements, leases and contracts entered into, issued, renewed,  altered
   26  or modified on or after such effective date.