NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2952
SPONSOR: Gallahan TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
selectively cutting timber
PURPOSE:
Subdivision 4 of section 24-0701 of the environmental conservation law
is amended to allow the construction and use, without the requirement of
a permit, of temporary skidder trails and machinery, using current best
management practices as outlined by USDA Forest Service, when selective-
ly harvesting timber within regulated wetlands.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 Subdivision 4 of section 24-0701 of the environmental conser-
vation law, and amended by chapter 697 of the laws of 1979, is amended.
Section 2 identifies the effective date
JUSTIFICATION:
This bill would ensure New York state thruway authority adopt best prac-
tice procurement procedures to ensure purchases and expenditures on
contracts are ' adhering to state programs and metrics set forth by
various goals the stale has sought to achieve across a range of disci-
plines.
At present, State authorities generally follow their own guidelines for
procurement. These guidelines vary from authority to authority and
usually are approved only by the authority's board of directors.
Requiring NYSTA to report quarterly procurement to the executive chamber
and both houses of the legislature would help ensure transparency in the
procurement process and benefit the vendor. community by providing a
more fair approach to awarding State contracts.
State law prescribes best practice processes for procurement, including:
requiring open competition when practicable: ensuring a level playing
field for bidders with standard advertising and evaluation criteria; the
opportunity for losing vendors to be debriefed on awards; ensuring
vendors comply with appropriate worker protections such as prevailing
wage, workers' compensation and disability insurance, and equal
employment/nondiscrimination requirements; and confirming that vendors
are responsible, responsive and merit participation in state contract-
ing. Quarterly updates will help ensure adherence.
PRIOR LEGISLATIVE HISTORY:
2021-22: A.8527
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2952
2023-2024 Regular Sessions
IN ASSEMBLY
February 1, 2023
___________
Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
selectively cutting timber
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 24-0701 of the environmental
2 conservation law, as amended by chapter 697 of the laws of 1979, is
3 amended to read as follows:
4 4. The activities of farmers and other landowners in grazing and
5 watering livestock, making reasonable use of water resources, harvesting
6 natural products of the wetlands, selectively cutting timber, draining
7 land or wetlands for growing agricultural products and otherwise engag-
8 ing in the use of wetlands or other land for growing agricultural
9 products shall be excluded from regulated activities and shall not
10 require a permit under subdivision one hereof, except that structures
11 not required for enhancement or maintenance of the agricultural produc-
12 tivity of the land and any filling activities shall not be excluded
13 hereunder, and provided that the use of land designated as a freshwater
14 wetland upon the freshwater wetlands map at the effective date thereof
15 for uses other than those referred to in this subdivision shall be
16 subject to the provisions of this article. When selectively cutting
17 timber, the construction and use of temporary skidder trails and machin-
18 ery, using current best management practices as defined by the United
19 States Department of Agriculture Forest Services, for the removal of
20 such timber shall be excluded from regulated activities and shall not
21 require a permit under subdivision one of this section.
22 § 2. Subdivision 4 of section 24-0701 of the environmental conserva-
23 tion law, as amended by section 7 of part QQ of chapter 58 of the laws
24 of 2022, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04969-01-3
A. 2952 2
1 4. On lands in active agricultural use or silviculture use, the activ-
2 ities of farmers and other landowners in grazing and watering livestock,
3 making reasonable use of water resources, harvesting natural products of
4 the wetlands, selectively cutting timber, draining land or wetlands for
5 growing agricultural products and otherwise engaging in the use of
6 wetlands or other land for growing agricultural products shall be
7 excluded from regulated activities and shall not require a permit under
8 subdivision one of this section, except that structures not required for
9 enhancement or maintenance of the agricultural productivity of the land
10 and any filling activities shall not be excluded hereunder, and provided
11 that the use of land that meets the definition of a freshwater wetland
12 in section 24-0107 of this article for uses other than those referred to
13 in this subdivision shall be subject to the provisions of this article.
14 When selectively cutting timber, the construction and use of temporary
15 skidder trails and machinery, using current best management practices
16 as defined by the United States Department of Agriculture Forest
17 Services, for the removal of such timber shall be excluded from
18 regulated activities and shall not require a permit under subdivision
19 one of this section. All activities on lands that meet the definition of
20 a freshwater wetland shall be subject to the provisions of this article
21 once agricultural or silviculture activities cease.
22 § 3. This act shall take effect immediately; provided that section two
23 of this act shall take effect on the same date and in the same manner as
24 section 7 of part QQ of chapter 58 of the laws of 2022 takes effect.
