Exempts certain old growth forests from taxation

Summary of specific provisions

Section 1 - adds a new subparagraph (iii) to paragraph (a) of subdivi- sion 1 of section 480-a of the Real Property Tax Law to provide that an "old growth" tract will be eligible for the exemption under this section provided the management plan for the tract meets certain conditions.

Section 2 - subdivision 1 of 480-a is amended to re-letter paragraph (h) as paragraph (i) and new paragraph (h) defines an "old growth eligible tract" for the purposes of this section.

Section 3 - subdivision 5 of section 480-a is amended to re-letter para- graph (d) as paragraph (e) and new paragraph (d) provides that no cutting of forest crop shall be permitted in any approved old growth forest eligible tract except to protect the old growth forest from inva- sive species or disease.

Section 4 - subdivision 6 of section 480-a is amended to add a new para- graph (e) to provide that no cutting of forest crop shall be permitted in any approved old growth forest eligible tract except to protect the old growth forest from invasive species or disease.

Section 5 - provides that this act shall take effect January 1, 2013 and shall apply to taxable years beginning on and after such date.

Justification

Although most of the primeval forests that once covered New York State, and indeed the entire Northeast part of our country, were cleared many years ago as settlers first moved west to develop farms and communities, there still remain small vestiges of this original forest tucked away in overlooked corners of our state. Most of these areas remain uncut because the terrain where they are located was so challenging that logging was impracticable and farming impossible.

Over the years, a few owners have continued to leave these woods essen- tially untouched either through oversight or a desire to protect this unique asset. Old growth forests within public lands across the state were given protection under Chapter 533 of the Laws of 2008. However, the old growth forest in private ownership across the state was not addressed by this legislation. If these forests are allowed to be destroyed, they are probably gone forever, and are certainly not replaceable within our lifetimes, or the lifetimes of our children,

grandchildren and great-grandchildren. New York State has led the nation in the protection of forests, beginning in 1895 with the Constitutional protection of the Forest Preserve, and this bill will continue that tradition.

Currently, Real Property Tax Law section 480-a offers property partial property tax exemptions to forest lands under an approved forest manage- ment plan that includes forest harvesting. This bill would expand this section to afford this partial tax exemption to old growth forests, as were defined in chapter 533 of the Laws of 2008, with an approved plan of no harvesting except to protect the old growth forest from invasive species or disease. Owners of old growth forests will no longer be required to harvest their forests to receive a partial tax exemption, and this will help and encourage them to preserve these irreplaceable places.

It is important for all New Yorkers that we encourage preservation of the old growth forests that remain so that generations to come can appreciate what existed in our state before the advent of European settlement.

Prior legislative history

New bill. RPTL 480-a offers partial real property tax exemptions for managed forest lands; Environmental Conservation Law Article 45 contains definitions of old growth forest and restrictions related to public lands.

Fiscal implications

None to State.

Effective date

This act shall take effect January 1, 2013 and shall apply to taxable years beginning on and after such date.