STATE OF NEW YORK
________________________________________________________________________
5732
2013-2014 Regular Sessions
IN ASSEMBLY
March 6, 2013
___________
Introduced by M. of A. JORDAN, McLAUGHLIN, DUPREY, MONTESANO, PALMESANO,
HAWLEY, BUTLER, TITONE -- Multi-Sponsored by -- M. of A. BARCLAY,
CERETTO, CORWIN, CROUCH, GIGLIO, McDONOUGH, OAKS -- read once and
referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law and the state finance
law, in relation to the creation of the New York state maple syrup
production fund
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 9-0303 of the environmental
2 conservation law, as amended by chapter 602 of the laws of 2003, is
3 amended to read as follows:
4 1. Trees or timber. Except as provided in subdivision 2 of section
5 9-0107 and in sections 9-0501 through [9-0507] 9-0508 of this article no
6 person shall cut, remove, injure, destroy or cause to be cut, removed,
7 injured or destroyed any trees or timber or other property thereon or
8 enter upon such lands with intent to do so.
9 § 2. The environmental conservation law is amended by adding a new
10 section 9-0508 to read as follows:
11 § 9-0508. Maple syrup extraction leases.
12 1. Notwithstanding any provisions of article seven of the public lands
13 law to the contrary, the department, with the approval of the director
14 of the division of lands and forests, may enter into leases for the
15 purpose of the extraction of maple sap for the production of maple
16 syrup, on any lands acquired by the state in accordance with section
17 9-0501 of this article.
18 2. Such leases granted under this section shall be of a term of no
19 more than ten years, and shall have terms and conditions prescribed by
20 the department, including but not limited to, those described in para-
21 graphs (a), (b) and (c) of this subdivision.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06519-01-3
A. 5732 2
1 (a) Leases shall be awarded for no less than fifty cents per estimated
2 tap on the leased acreage.
3 (b) Provisions for the ingress and egress of the syrup production for
4 the purposes of tapping trees, installing lines, collecting sap, and
5 generally maintaining the equipment necessary to collect sap from the
6 leased area.
7 (c) A plan developed by the department which will identify which trees
8 are eligible to be tapped by the lessee. The preservation of veneer
9 grade lumber while allowing for maximum sap extraction with minimal
10 timber value loss shall guide the department in the preparation of these
11 plans.
12 3. Funds generated through the leasing of lands as described in subdi-
13 vision 2 of this section shall be deposited in the New York state maple
14 syrup production fund for the purposes of funding the preparation of
15 tapping plans required to be generated in paragraph (c) of subdivision 2
16 of this section. In the event the amount deposited in such fund through
17 such sales exceeds the cost to the department to produce these plans,
18 the balance shall be split evenly between the division of lands and
19 forests within the department and the department of agriculture and
20 markets to be used specifically for the advertisement and enhancement of
21 the maple industry within the state of New York.
22 § 3. The state finance law is amended by adding a new section 99-u to
23 read as follows:
24 § 99-u. New York state maple syrup production fund. 1. There is hereby
25 established in the joint custody of the state comptroller and the
26 commissioner of environmental conservation a fund to be known as the
27 "New York state maple syrup production fund".
28 2. The fund shall consist of monies generated through the leasing of
29 lands as described in section 9-0508 of the environmental conservation
30 law.
31 3. Monies of the fund shall be available to the department of environ-
32 mental conservation and the department of agriculture and markets for
33 uses described in subdivision three of section 9-0508 of the environ-
34 mental conservation law.
35 § 4. This act shall take effect immediately.
