A9853-2011 Actions

• Apr 18, 2012: referred to environmental conservation

A9853-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         9853
 I N  ASSEMBLY
 April 18, 2012
 
 Introduced  by  M.  of  A.  STEVENSON  --  read once and referred to the
 Committee on Environmental Conservation
 

AN ACT to amend the  environmental  conservation  law,  in  relation  to
 establishing the "lumber salvage act"
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Article 9 of the environmental conservation law is  amended
 by adding a new title 16 to read as follows:

 TITLE 16
 LUMBER SALVAGE ACT
 SECTION 9-1601. SHORT TITLE.
 9-1603. DEFINITIONS.
 9-1605. LUMBER SALVAGE.
 9-1607. RULES AND REGULATIONS.
 

S 9-1601. SHORT TITLE.
 THIS  ARTICLE  SHALL  BE KNOWN AND MAY BE CITED AS THE "LUMBER SALVAGE
 ACT".
 

S 9-1603. DEFINITIONS.
 FOR THE PURPOSES OF THIS ARTICLE:

 1. "NATURALLY FALLEN LUMBER" SHALL MEAN TREES THAT  HAVE  FALLEN  FROM
 NATURAL  CAUSES,  INCLUDING  BUT  NOT LIMITED TO WEATHER, ANIMALS AND/OR
 DISEASE.
 2. "UNUSED PUBLIC LAND" SHALL MEAN ANY LAND OWNED BY THE  STATE  OR  A
 PUBLIC  CORPORATION  INCLUDING  A  MUNICIPALITY THAT IS NOT IN USE FOR A
 PUBLIC PURPOSE, IS OTHERWISE UNOCCUPIED,  IDLE  OR  NOT  BEING  ACTIVELY
 UTILIZED  FOR  ANY  OTHER  PURPOSE INCLUDING RIGHTS-OF-WAY BUT EXCLUDING
 LAND SUBJECT TO USE RESTRICTIONS UNDER LAW.
 3. "QUALIFIED APPLICANT" SHALL MEAN ANY VETERAN, WOMAN OR MEMBER OF  A
 MINORITY GROUP.
 

S 9-1605. LUMBER SALVAGE.
 1.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER SHALL
 ISSUE  LICENSES  OR  PERMITS FOR THE COLLECTION AND SALVAGE OF NATURALLY
 FALLEN LUMBER ON UNUSED PUBLIC LANDS IN THIS STATE.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15248-01-2
 
       A. 9853                             2
 2. THE FEE FOR A LUMBER SALVAGE LICENCE OR PERMIT SHALL BE TWO HUNDRED
 FIFTY DOLLARS FOR QUALIFIED APPLICANTS AND FIVE HUNDRED DOLLARS FOR  ALL
 OTHER  APPLICANTS, WHICH SHALL ACCOMPANY EACH LICENSE OR PERMIT APPLICA
 TION.
 3.  SUCH LICENSE SHALL BE RENEWABLE, FOR A FEE TO BE DETERMINED BY THE
 COMMISSIONER, PROVIDED THE HOLDER OF SUCH  LICENSE  OR  PERMIT  HAS  NOT
 VIOLATED  ANY  PROVISION OF THIS TITLE OR ANY RULE OR REGULATION PROMUL
 GATED PURSUANT TO THIS TITLE.
 4. A LUMBER SALVAGE LICENSE OR PERMIT SHALL BE VALID FOR A  PERIOD  OF
 TWO YEARS FROM THE DATE OF ISSUANCE.
 5.  WITHIN THIRTY DAYS OF THE RECEIPT OF THE APPLICATION AND FEE FOR A
 LICENSE  OR  PERMIT  ISSUED  UNDER  THIS SECTION, THE COMMISSIONER SHALL
 EITHER ISSUE THE LICENSE OR  PERMIT,  OR  DENY  THE  LICENSE  OR  PERMIT
 SETTING FORTH THE REASON FOR SUCH DENIAL IN WRITING.
 

S 9-1607. RULES AND REGULATIONS.
 THE  COMMISSIONER  SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO
 CARRY OUT THE PROVISIONS OF THIS TITLE.
 

S 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized and directed to be made  and  completed  on  or  before  such
 effective date.

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