Bill Text: NY A01921 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Exempts certain old-growth forests from private property taxation.

Sponsorship: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2014-02-19 - print number 1921a [A01921 Detail]

Download: New_York-2013-A01921-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1921
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. SCHIMEL, ZEBROWSKI -- Multi-Sponsored by -- M. of
         A.  CLARK,  THIELE  -- read once and referred to the Committee on Real
         Property Taxation
       AN ACT to amend the real property tax  law,  in  relation  to  exempting
         certain old-growth forests from taxation
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subparagraph (ii) of paragraph  (a)  of  subdivision  1  of
    2  section 480-a of the real property tax law, as amended by chapter 396 of
    3  the  laws  of  2008, is amended and a new subparagraph (iii) is added to
    4  read as follows:
    5    (ii) participation in a forest certification program (such  as  Forest
    6  Stewardship  Council  certification,  Sustainable  Forestry  Initiative;
    7  American Tree Farm Program, etc.) recognized in the regulations  of  the
    8  department[.]; OR
    9    (III)  AS  TO  AN  "OLD-GROWTH"  ELIGIBLE  TRACT, A PLAN THAT INCLUDES
   10  PROVISIONS THAT THE OLD-GROWTH FOREST BE PROTECTED WITH MINIMUM  MANAGE-
   11  MENT  OR  DISTURBANCE  THAT ONLY CONSIDERS PASSIVE RECREATIONAL OPPORTU-
   12  NITIES WITH NO CONSTRUCTION OR COMMERCIAL REMOVAL  OF  TREES.  IN  THOSE
   13  PROVISIONS,  THE  PROTECTION  OF  THE  OLD-GROWTH  FOREST  FROM INVASIVE
   14  SPECIES AND DISEASES MAY BE CONSIDERED.
   15    S 2. Paragraph (h) of subdivision 1 of section 480-a of the real prop-
   16  erty tax law is relettered paragraph (i) and  a  new  paragraph  (h)  is
   17  added to read as follows:
   18    (H)  "OLD-GROWTH ELIGIBLE TRACT" SHALL MEAN A TRACT THAT CONFORMS WITH
   19  THE DEFINITION OF "OLD-GROWTH FOREST" CONTAINED IN  SUBDIVISION  SIX  OF
   20  SECTION 45-0105 OF THE ENVIRONMENTAL CONSERVATION LAW.
   21    S 3. Paragraph (d) of subdivision 5 of section 480-a of the real prop-
   22  erty  tax  law  is  relettered  paragraph (e) and a new paragraph (d) is
   23  added to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03344-01-3
       A. 1921                             2
    1    (D) NO CUTTING OF FOREST CROP SHALL BE PERMITTED IN ANY  APPROVED  OLD
    2  GROWTH ELIGIBLE TRACT EXCEPT TO PROTECT THE OLD GROWTH FOREST FROM INVA-
    3  SIVE SPECIES OR DISEASE.
    4    S  4.  Subdivision  6 of section 480-a of the real property tax law is
    5  amended by adding a new paragraph (e) to read as follows:
    6    (E) NO CUTTING OF FOREST CROP SHALL BE MANDATED OR  PERMITTED  IN  ANY
    7  APPROVED  OLD  GROWTH  ELIGIBLE  TRACT  EXCEPT TO PROTECT THE OLD GROWTH
    8  FOREST FROM INVASIVE SPECIES OR DISEASE.
    9    S 5. This act shall take effect January 1, 2014  and  shall  apply  to
   10  taxable years beginning on and after such date.