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.