Authorizes the commissioner of environmental conservation to enter into contracts for the lease or use of state lands for the purpose of maple tree tapping and sap production for a term of up to, but not to exceed, ten years.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6821
SPONSOR: Lupardo
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
authorizing the commissioner of environmental conservation to enter into
contracts for maple tree tapping and sap production on state lands for a
duration of up to ten years
 
PURPOSE:
The purpose of this bill is to allow for the leasing of state land for
ten years (an increase from the current five-year allowance) for the
purpose of tapping trees and sap production.
 
SUMMARY OF PROVISIONS:
Section 1: Amends section 9-0505 of the Environmental Conservation Law
by adding a new subdivision 5, allowing the commissioner to lease state
land for up to ten years for tree tapping and sap production.
Section 2: Establishes the effective date.
 
JUSTIFICATION:
Current law allows the commissioner to lease state lands for up to five
years for logging and the production of other products, including sap
from maple trees. However, maple producers rarely, if ever, take advan-
tage of this opportunity because the return on investment is not worth
the cost and effort of setting up the taps. Only taking into account
the cost for materials, and excluding trucking and labor costs that vary
greatly, maple producers could expect a return on investment (ROI)
around $12.50 per tap per year under a five-year lease term. On a ten-
year lease, that ROI more than doubles to nearly $32, making a ten-year
lease a more economically viable endeavor.
 
LEGISLATIVE HISTORY:
This is new legislation.
 
FISCAL IMPLICATIONS:
Potential revenue increase to the state from new leases.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6821
2023-2024 Regular Sessions
IN ASSEMBLY
May 8, 2023
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
authorizing the commissioner of environmental conservation to enter
into contracts for maple tree tapping and sap production on state
lands for a duration of up to ten years
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 9-0505 of the environmental conservation law is
2 amended by adding a new subdivision 5 to read as follows:
3 5. Notwithstanding any rule or regulation to the contrary, the commis-
4 sioner shall be authorized to enter into contracts for the lease or use
5 of state lands for the purpose of tree tapping and sap production for a
6 term of up to, but not to exceed, ten years. For the purposes of this
7 section, the terms "tree tapping" and "sap production" shall include
8 trees and sap from species of trees including, but not limited to,
9 maple.
10 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10563-02-3