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BILL NUMBER:S2051

TITLE OF BILL: An act to amend the environmental conservation law, in relation to authorizing local governments to require property owners to replace trees which are removed

PURPOSE OR GENERAL IDEA OF BILL: This bill allows local governments to adopt a local low or ordinance requiring property owners to replace trees removed from their property.

SUMMARY OF SPECIFIC PROVISIONS: Any local government is authorized and empowered to adopt a local law or ordinance requiring a property owner to plant trees in replacement of trees removed from the property owner's property. Such local law or ordinance many require the property owner to plant up to three trees for each tree removed and may include property tax credits and reasonable fines as determined by the municipality.

EXISTING LAW: This legislation will add a section to the Environmental Law to Title 15 - (91501 - 9-1503) REMOVAL OF TREES AND PROTECTED PLANTS to include º 9-1505

JUSTIFICATION: This legislation, "Kent's Law" as suggested by Kent Iarocci, resident of Rye, New York plays an important role in protecting our environment by providing for the replenishment of trees in a community. We hear about what is commonly referred to as "Global Warming" and some reports have shown a devastating effect of what only a few degrees changing in temperature can do to life forms in our oceans. Our communities must take ownership of this problem and search for ways to help restore the eco-systems and environment that surrounds us. Increasing the number of trees will aid to filter the air, hence producing a higher quality of oxygen while reducing atmospheric gases such as carbon dioxide. It is also important to remember what is commonly acknowledged as the "Greenhouse Effect". The greenhouse effect is the heating of the surface of our planet due to the presence of increased atmospheric gases such as carbon dioxide, methane, and nitrous oxide absorb and then emits radiation whereby serving to destroy the ozone layer. The destruction of the ozone layer reduces the level of protection from ultraviolet radiation which all life forms need to survive. The replenishing of trees aids to reverse the adverse conditions brought on by the "Green House Effect" while also making a community more physically appealing. This legislation will also create jobs and tax revenue for local communities.

PRIOR LEGISLATIVE HISTORY: 2011-2012 (Latimer) Referred to Environmental Conservation Committee

FISCAL IMPLICATIONS: Nominal cost for income tax credits

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act will take effect immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

2051

2013-2014 Regular Sessions

IN SENATE

January 10, 2013
___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  authorizing  local  governments  to require property owners to replace
  trees which are removed

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

  Section  1.  The environmental conservation law is amended by adding a
new section 9-1505 to read as follows:
S 9-1505. REPLACEMENT OF TREES.
  ANY LOCAL GOVERNMENT IS AUTHORIZED AND EMPOWERED TO ADOPT A LOCAL  LAW
OR ORDINANCE REQUIRING A PROPERTY OWNER TO PLANT TREES IN REPLACEMENT OF
TREES  REMOVED  FROM  THE  PROPERTY  OWNER'S PROPERTY. SUCH LOCAL LAW OR
ORDINANCE MAY REQUIRE THE PROPERTY OWNER TO PLANT UP TO THREE TREES  FOR
EACH  TREE  REMOVED  AND MAY INCLUDE PROPERTY TAX CREDITS AND REASONABLE
FINES AS DETERMINED BY THE MUNICIPALITY.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05131-01-3