Authorizes local governments to adopt a local law or ordinance requiring property owners to replace each tree removed from their property with up to three trees and authorizes the imposition of property tax credits and reasonable fines.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5976
SPONSOR: Shimsky 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 authorizes local governments to adopt a local law or ordinance
requiring property owners to replace trees removed from their property.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends the environmental conservation law by
adding a new section 9-1505, Replacement of trees, to authorize and
empower any local government 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.
Section 2 is the effective date.
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.
There is great concern about the impacts of "Global Warming". Some
reports have shown the devastating effects of only a few degrees change
in temperature to life forms in our oceans. Our communities must take
ownership of this problem and identify ways to help restore our
surrounding eco-systems and environment. Increasing the number of trees.
will help filter the air, produce a higher quality of oxygen and reduce
atmospheric gases such as carbon dioxide. Moreover, the "Greenhouse
Effect" resulting in the heating of the surface of our planet and the
emission of radiation which is destroying the ozone layer reduces the
level of protection from ultraviolet radiation which all life forms need
to survive. The replenishing of trees helps to reverse the adverse
conditions brought on by the "Green House Effect" while also making a
community more esthetically appealing.
Finally, replenishing trees will also create jobs and tax revenue for
local communities.
PRIOR LEGISLATIVE HISTORY:
2019-20: A1813 referred to environmental conservation;
2017-18: A1502 referred to environmental conservation;
2015-2016: A963 referred to environmental conservation; same as S2603
(Latimer) referred to environmental conservation;
2013-2014: A6600 referred to environmental conservation; same as 52051
(Latimer) referred to environmental conservation;
2011-2012 A 8684(Latimer) referred to environmental conservation Commit-
tee
FISCAL IMPLICATIONS:
Nominal cost for income tax credits
LOCAL FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act will take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5976
2023-2024 Regular Sessions
IN ASSEMBLY
March 24, 2023
___________
Introduced by M. of A. SHIMSKY -- read once and referred to the Commit-
tee 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:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 9-1505 to read as follows:
3 § 9-1505. Replacement of trees.
4 Any local government is authorized and empowered to adopt a local law
5 or ordinance requiring a property owner to plant trees in replacement of
6 trees removed from the property owner's property. Such local law or
7 ordinance may require the property owner to plant up to three trees for
8 each tree removed and may include property tax credits and reasonable
9 fines as determined by the municipality.
10 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09679-01-3
