2021 -- S 0470

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LC002318

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO AGRICULTURE AND FORESTRY

     

     Introduced By: Senators Ciccone, Valverde, Lombardo, Euer, Calkin, Kallman, Acosta,
DiMario, and Bell

     Date Introduced: March 04, 2021

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 2 of the General Laws entitled "AGRICULTURE AND FORESTRY"

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is hereby amended by adding thereto the following chapter:

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CHAPTER 27

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FOREST CONSERVATION ACT

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     2-27-1. Statement of legislative purpose.

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     (a) The general assembly recognizes that forest land in the state has many important values,

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including, but not limited to, clean air, clean water, economic importance, climate change

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mitigation, habitat, and supporting human health and well-being. Forest land should be maintained

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to meet Rhode Island’s aggressive climate change goals through carbon sequestration and storage.

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Core forest land and connecting natural areas should be conserved to prevent ongoing

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fragmentation of the state’s forests. Moreover, forest conservation is necessary to protect and

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maintain water quality and important wildlife habitat. It is in the best interest of the people that the

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state identify and acquire the development rights to core and unfragmented forests so as to maintain

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these important forest values for future generations. Moreover, the state must develop incentives to

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encourage private forest land owners to maintain forests and to enhance urban and community

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forestry ecosystems that provide collective benefits to people and wildlife, including filter air and

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water, control storm water, conserve energy, and a myriad of additional critical benefits.

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     (b) The general assembly finds that forest land is being converted to other uses because its

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current development value far exceeds its economic value to individual private landowners as

 

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forest; that forest land is an important part of the state's economy, environment, and quality of life;

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and that forests provide important economic opportunities for many people living in the rural

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portions of the state. Whereas most of the development value of forests accrue to the private

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landowner, many of the economic benefits of retaining forests are also public benefits, some of

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which are not often quantified. All of this serves to undervalue forests without proper mechanisms

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and tools to account for public services and cost savings provided by private forests.

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     (c) Therefore, the general assembly establishes a forest conservation commission to be

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coordinated and staffed by the department of environmental management to implement the

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following objectives:

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     (1) Assess and recommend new funding sources to conserve forest land across the forest

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continuum of rural to urban landscapes;

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     (2) Identify incentives to encourage forest landowners to maintain and manage their land

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and preserve forest values;

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     (3) Encourage forest conservation as a means to sequester carbon and mitigate climate

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change and maintain the numerous other benefits provided by forests;

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     (4) Help to increase and create new markets for Rhode Island forest products to store

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carbon long-term and create new jobs;

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     (5) Assess impediments to the expansion of the Rhode Island forest products industry and

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recommend changes to remove impediments;

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     (6) Assess means to encourage the improvement and expansion of urban and community

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forestry; and

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     (7) Coordinate and seek input from key stakeholders to identify other science-based

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initiatives to promote the conservation of Rhode Island forestland.

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     2-27-2. Definitions.

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     As used in this chapter, unless the context indicates a different meaning or intent:

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     (1) "Cost" when used with reference to acquisition of development rights, means as of any

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particular date the cost subsequently incurred of purchasing the development rights, property rights

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and all other necessary expenses incident to planning, financing, and implementing the provisions

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of this chapter.

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     (2) “Department” means the department of environmental management.

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     (3) "Development rights" means the rights of the fee simple owner to develop, construct

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on, divide, sell, lease, or otherwise change the property in such a way as to render the land no longer

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forest land; this includes the exercise of the owner's rights to sell or grant easements or rights of

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way, or to sell the mineral or water rights or other rights if by that exercise the use of the land as

 

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productive forest land is diminished; but does not include the rights of the owner to sell, lease, or

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otherwise improve the forest land to preserve, maintain, operate, or continue the land as forest land

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or all other customary rights and privileges of ownership, including the right to privacy. Specific

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restrictions to forest land development shall be formulated by the commission for each parcel of

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land to which the development rights are purchased and appended to the covenant at the time of its

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making.

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     (4) "Director" means the director of the department of environmental management, unless

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otherwise specified.

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     (5) "Forest-based business" means the inclusion of all the activities that go into harvesting

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forest products and turning them into usable products. These businesses include foresters, loggers,

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and truckers who manage, harvest, and transport raw materials and the companies that turn these

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raw materials into usable products for purchase in a variety of markets.

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     (6) "Forest conservation commission" or "commission" means the commission established

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pursuant to § 2-27-3.

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     (7) "Forest fragmentation" means the breaking of large, contiguous, forested areas into

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smaller pieces of forest; typically, these pieces are separated by roads, utility corridors,

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subdivisions, or other human development.

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     (8) "Forest land" means any tract or contiguous tracts of land, ten (10) acres or larger

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bearing a dense growth of trees, including any underbrush, and having either the quality of self-

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perpetuation, or being dependent upon its development by the planting and replanting of trees in

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stands of closely growing timber.

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     (9) "Forest management" means the focus on managing vegetation, restoring ecosystems

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and habitat, reducing hazards, and maintaining forest health for a desired outcome.

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     (10) "Fund" means the forest land conservation fund established pursuant to § 2-27-6.

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     2-27-3. Forest conservation commission.

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     (a)(1) There is established the forest conservation commission consisting of the directors

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of the department of environmental management and the department of administration, or their

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respective designees, both ex officio with the power to vote; and nine (9) public members to be

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appointed by the director of the department of environmental management. The public appointees

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shall include at least one member with knowledge or experience in forestry, one member with

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knowledge or experience with urban and community forestry, one member familiar with land use

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and community planning issues, one member active in land preservation, one member representing

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forest landowners, one member representing an environmental organization, one member with

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knowledge of forest habitat and one member representing a forest products business. No person

 

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shall be eligible for appointment pursuant to this section unless he or she is a resident of this state.

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     (2) The members shall serve for terms of five (5) years each; provided, however, that of

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the members first appointed, one shall serve for one year, one shall serve for two (2) years, one

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shall serve for three (3) years, one shall serve for four (4) years, and the remaining members shall

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serve for five (5) years, from January first next succeeding their appointment, as the director shall

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designate.

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     (3) Any vacancy occurring otherwise than by expiration of term shall be filled in the same

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manner as the original appointment.

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     (4) Upon expiration of a member's term, that member shall continue as a member until that

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member's successor is appointed and qualified. Any person serving a term shall be eligible for

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appointment.

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     (5) No member, including ex officio members, shall receive compensation for the

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performance of his or her duties as a member; provided, however, that each appointed member may

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be reimbursed if funds are appropriated for his or her actual and necessary expenses incurred during

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the performance of his or her official duties.

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     (6) The commission shall designate annually from its members a chairperson and a vice

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chairperson.

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     (7) Whenever public hearings are required under this chapter, or whenever the commission

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determines a public hearing is appropriate, the commission shall use reasonable efforts to hold

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those hearings at a place or places that will reasonably accommodate the interested parties.

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     (8) Five (5) voting members of the commission shall constitute a quorum for the transaction

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of any business or the exercise of any power of the commission. Except as otherwise provided in

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this chapter, the commission shall have the power to act by a majority of the members present at

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any meeting at which a quorum is in attendance.

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     (9) The director may remove any member for cause or misconduct in office after giving

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him or her a copy of the charges against him or her and an opportunity to be heard, in person or by

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counsel, in his or her defense, upon not less than ten (10) days’ notice. If any member shall be

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removed, the director shall file in the office of the secretary of state a complete statement of charges

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made against the member and his or her findings, together with a complete record of the

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proceedings.

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     (10) The director shall have the authority to establish subcommittees to fulfill the purposes

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of the commission. The subcommittee members shall be advisory to the commission and shall be

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comprised of key stakeholders representative of the issue(s) to be addressed.

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     2-27-4. Powers of commission.

 

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     The commission has the power to:

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     (1) Retain by contract or employ counsel, auditors, engineers, appraisers, private

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consultants and advisors, or other personnel needed to provide necessary services;

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     (2) Request the assistance of staff from the department or other state agencies on an as

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needed basis;

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     (3) Accept gifts, grants or loans of funds, or services from any source, public or private,

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and comply, subject to the provisions of this chapter, with the terms and conditions thereof;

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     (4) Accept from a federal agency loans or grants for use in carrying out its purposes and

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enter into agreement with an agency respecting those loans or grants; and

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     (5) Otherwise do all things necessary for the performance of its duties, the fulfillment of

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its obligations and the conduct of its business.

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     2-27-5. Duties of the commission.

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     The commission shall:

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     (1) Develop the criteria necessary for defining the most important forest land under this

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chapter;

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     (2) Make a reasonably accurate inventory of all land in the state that meets the definition

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of forest land;

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     (3) Inform the public, public officials, and other citizens and interested persons of the

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provisions of this chapter.

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     2-27-6. Forest land conservation fund.

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     (a) There is hereby established a forest land conservation fund.

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     (b) The fund may be utilized for purposes consistent with this chapter, including, but not

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limited to, the purchase of development rights to forest land.

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     (c) The fund shall consist of the following sources:

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     (1) Sums the legislature may appropriate;

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     (2) Monies received from federal, state or other sources, including bond funds;

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     (3) Monies received from any other sources including from any private donor for the fund;

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     (4) Any interest earned on the monies in the fund.

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     2-27-7. Severability.

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     If any provisions of this chapter or of any rule, regulation or order made under this chapter,

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or the application of this chapter to any person or circumstances, is held invalid by a court of

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competent jurisdiction, the remainder of this chapter, rule, regulation or order, and the application

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of that provision to other persons or circumstances shall not be affected. The invalidity of any

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section or sections or parts of any section or sections of this chapter shall not affect the validity of

 

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the remainder of this chapter, and it is declared to be the legislative intent that this chapter would

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have been enacted if those invalid parts had not been included in this chapter.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO AGRICULTURE AND FORESTRY

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     This act would create a forest conservation commission, to be coordinated with the

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department of environmental management, to seek new funding and identify incentives for

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landowners to maintain their land as forest.

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     This act would take effect upon passage.

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