Bill Text: NY A02250 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to establishing the "lumber salvage act".

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2014-01-15 - enacting clause stricken [A02250 Detail]

Download: New_York-2013-A02250-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2250
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. STEVENSON -- Multi-Sponsored by -- M. of A. COOK,
         FINCH,  GUNTHER, ROBERTS -- 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:
    1    Section 1. Article 9 of the environmental conservation law is  amended
    2  by adding a new title 16 to read as follows:
    3                                   TITLE 16
    4                             LUMBER SALVAGE ACT
    5  SECTION 9-1601. SHORT TITLE.
    6          9-1603. DEFINITIONS.
    7          9-1605. LUMBER SALVAGE.
    8          9-1607. RULES AND REGULATIONS.
    9  S 9-1601. SHORT TITLE.
   10    THIS  ARTICLE  SHALL  BE KNOWN AND MAY BE CITED AS THE "LUMBER SALVAGE
   11  ACT".
   12  S 9-1603. DEFINITIONS.
   13    FOR THE PURPOSES OF THIS ARTICLE:
   14    1. "NATURALLY FALLEN LUMBER" SHALL MEAN TREES THAT  HAVE  FALLEN  FROM
   15  NATURAL  CAUSES,  INCLUDING  BUT  NOT LIMITED TO WEATHER, ANIMALS AND/OR
   16  DISEASE.
   17    2. "UNUSED PUBLIC LAND" SHALL MEAN ANY LAND OWNED BY THE  STATE  OR  A
   18  PUBLIC  CORPORATION  INCLUDING  A  MUNICIPALITY THAT IS NOT IN USE FOR A
   19  PUBLIC PURPOSE, IS OTHERWISE UNOCCUPIED,  IDLE  OR  NOT  BEING  ACTIVELY
   20  UTILIZED  FOR  ANY  OTHER  PURPOSE INCLUDING RIGHTS-OF-WAY BUT EXCLUDING
   21  LAND SUBJECT TO USE RESTRICTIONS UNDER LAW.
   22    3. "QUALIFIED APPLICANT" SHALL MEAN ANY VETERAN, WOMAN OR MEMBER OF  A
   23  MINORITY GROUP.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02791-01-3
       A. 2250                             2
    1  S 9-1605. LUMBER SALVAGE.
    2    1.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER SHALL
    3  ISSUE  LICENSES  OR  PERMITS FOR THE COLLECTION AND SALVAGE OF NATURALLY
    4  FALLEN LUMBER ON UNUSED PUBLIC LANDS IN THIS STATE.
    5    2. THE FEE FOR A LUMBER SALVAGE LICENCE OR PERMIT SHALL BE TWO HUNDRED
    6  FIFTY DOLLARS FOR QUALIFIED APPLICANTS AND FIVE HUNDRED DOLLARS FOR  ALL
    7  OTHER  APPLICANTS, WHICH SHALL ACCOMPANY EACH LICENSE OR PERMIT APPLICA-
    8  TION.
    9    3. SUCH LICENSE SHALL BE RENEWABLE, FOR A FEE TO BE DETERMINED BY  THE
   10  COMMISSIONER,  PROVIDED  THE  HOLDER  OF  SUCH LICENSE OR PERMIT HAS NOT
   11  VIOLATED ANY PROVISION OF THIS TITLE OR ANY RULE OR  REGULATION  PROMUL-
   12  GATED PURSUANT TO THIS TITLE.
   13    4.  A  LUMBER SALVAGE LICENSE OR PERMIT SHALL BE VALID FOR A PERIOD OF
   14  TWO YEARS FROM THE DATE OF ISSUANCE.
   15    5.  WITHIN THIRTY DAYS OF THE RECEIPT OF THE APPLICATION AND FEE FOR A
   16  LICENSE OR PERMIT ISSUED UNDER  THIS  SECTION,  THE  COMMISSIONER  SHALL
   17  EITHER  ISSUE  THE  LICENSE  OR  PERMIT,  OR  DENY THE LICENSE OR PERMIT
   18  SETTING FORTH THE REASON FOR SUCH DENIAL IN WRITING.
   19  S 9-1607. RULES AND REGULATIONS.
   20    THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  NECESSARY  TO
   21  CARRY OUT THE PROVISIONS OF THIS TITLE.
   22    S 2. This act shall take effect on the one hundred eightieth day after
   23  it shall have become a law; provided, however, that effective immediate-
   24  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
   25  necessary for the implementation of this act on its effective  date  are
   26  authorized  and  directed  to  be  made  and completed on or before such
   27  effective date.