BILL NUMBER: S1869
SPONSOR: MAY
 
TITLE OF BILL:
An act to amend the highway law, the state finance law and the environ-
mental conservation law, in relation to imposing a highway use fee on
outdoor advertising, establishing a New York state urban reforestation
fund and making provisions supporting urban forestry
 
PURPOSE OR GENERAL IDEA OF BILL:
To create a fair and adequate funding mechanism for the development of
New York's urban forests programs, as described in Article 53 of the
Environmental Conservation Law.
 
SUMMARY OF PROVISIONS:
Section 1 provides for the name of the act.
Section 2 describes the economic, health, and aesthetic benefits of a
developed urban forest landscape. These benefits include cooling and
cleaning the air, conserving energy, reducing stormwater runoff and
flooding, providing a haven for wildlife habitat and providing a place
for citizens to relax. Also, where there is a developed and maintained
urban forest canopy, there is a corresponding increase in property
values.
Section 3 imposes a fee on outdoor advertising signs visible from inter-
state and primary system highways.
Section 4 establishes the state Urban Reforestation Fund.
Section 5 provides the definitions of the relevant terms within the Act.
This section defines urban areas, "professional forester", "conserva-
tion", "inventory", "management planning", "tree maintenance", "plant-
ing", "pruning", and "removal."
Section 6 determines how the funds shall be distributed.
Section 7 provides for the effective date.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
 
JUSTIFICATION:
This bill proposes using fees imposed on certain outdoor advertising
structures to fund the establishment of the New York State Urban
Reforestation Fund. This bill will provide essential financial resources
exclusively for the promotion, conservation, and maintenance of trees in
designated urban areas. This is a proactive approach to increasing urban
trees and holding the outdoor advertising industry accountable.
This bill holds the outdoor advertising industry accountable for envi-
ronmental degradation and visual blight, especially to lower socioeco-
nomic communities and improves community aesthetics, health outcomes,
and satisfaction for millions of New Yorkers through reforestation and
support of green spaces.
The importance of urban forestry cannot be overstated. Trees in urban
areas serve as invaluable assets, contributing significantly to environ-
mental sustainability and community well-being. They play a multifaceted
role in enhancing urban ecosystems by preventing erosion, runoff, and
flooding, thereby mitigating the risk of severe road damage at a frac-
tion of the cost and zero environmental impact compared to manufactured
barriers and other flood mitigation measures.
Additionally, forests help mitigate and offset temperature increases by
reducing the "heat island" effect, providing much-needed relief from
rising urban temperatures at the hands of climate change. Furthermore,
trees act as effective natural barriers for sound, visual, and physical
pollution, safeguarding neighborhoods and preserving homeowner property
values. Their ability to absorb air pollution and reduce the urban "heat
island" effect is critical for improving air quality and creating heal-
thier urban environments. Moreover, trees provide crucial habitats for
species in fragmented environments, thereby increasing biodiversity and
supporting ecological resilience. In essence, urban forestry not only
enhances the aesthetic appeal of neighborhoods but also delivers tangi-
ble environmental, economic, and social benefits to communities.
Forests have also been linked to reduction in greenhouse gas concen-
trations. This legislation therefore seamlessly aligns with both New
York's Climate Leadership and Community Protection Act and President
Biden's Inflation Reduction Act aimed at curbing inflation by combating
climate change, advancing clean energy, and promoting environmental
justice.
The imposition of a highway use fee on outdoor advertising signs, as
outlined in Section 3 of the bill, represents a strategic approach to
funding urban reforestation efforts. This fee not only provides a
sustainable source of funding but also holds outdoor advertising
accountable for its visual blight and environmental impacts, particular-
ly on lower socioeconomic communities.
The reasons outdoor advertising companies must be held accountable
include:
-Environmental Degradation: Billboards require a large consumption of
materials as well as the removal of trees and vegetation. Additionally,
digital signs leave a large carbon footprint with their electronic
requirements. Additionally, LED signs and billboards contribute to high
levels of light pollution with health impacts to humans such as circadi-
an rhythm disruption as well as interference of nocturnal animal
migration, movement, and foraging. Fewer billboards leads to a reduction
in resource consumption, waste production, and the energy required for
maintenance, contributing to environmental sustainability.
-Tree Cutting: At least 35 states, including New York (N.Y. Comp. Codes
R. & Regs. Tit. 17 S 134.8) allow billboard companies to cut and remove
publicly owned trees growing alongside our federal highways on publicly
owned land solely for billboard visibility. Public assets, including
public trees, should only be removed to protect mobility and safety.
These are taxpayer protected assets and should not be destroyed simply
for private gain. While an ideal solution for protecting the beauty and
integrity of our federal highway system is to prohibit this practice
along federally funded roads, using fees from billboards to fund
reforestation and urban forestry is another way to mitigate the effects
of this harmful practice.
-Socioeconomic Implications: Billboards and other forms of outdoor
advertising are economic burdens for cities and communities. They
contribute to regulatory and maintenance costs, decreased property
values, and the loss of tourism revenue. It is a common misconception
that billboards are economically advantageous to cities, as off-premises
advertising primarily benefits large companies, with minimal direct
economic contributions to local businesses. Additionally, billboards
that increase visual blight have been shown to reduce adjacent property
values, especially in areas with historically marginalized people.
Cities may also incur costs associated with regulating the placement and
maintenance of billboards, including the enforcement of zoning laws and
sign ordinances. Conversely, tourism has been shown to increase in
cities and states that have banned billboards, as community beautifica-
tion increases commercial desirability.
-Aesthetics and Community Character: One of the most apparent impacts
that billboards have on communities is the immediate decline of visual
appeal. Billboards, often large and imposing, can dominate the landscape
and distract from the natural beauty of the surroundings. The elimi-
nation of billboards creates a cleaner visual environment, making it
easier for residents and visitors to appreciate the city's architec-
tural, cultural, and natural assets without the distraction of numerous
advertising signs.
For these reasons, funds generated from fees imposed on outdoor adver-
tisers should fund the Urban Reforestation Act for greener and healthier
communities throughout New York. By allocating a portion of the revenue
generated from outdoor advertising to support urban reforestation, the
bill ensures that those contributing to the degradation of urban land-
scapes also contribute to their restoration and improvement.
 
PRIOR LEGISLATIVE HISTORY:
1999-Transportation Committee
2001-02 A.364 Referred to Transportation
2003-04 A.598 Referred to Transportation
2005-06 A.2402 Referred to Transportation S.5572 referred to rules.
Referred to transportation
2007-08 A.02342 Referred to Transportation
2022 A.9610 Referred to Transportation
2023 A.1780 Referred to Transportation
2024 A.1780 Referred to Transportation S.8825 Referred to Transportation
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the state. The Urban Reforestation Fund shall be funded by fees,
and administered by the Department of Environmental Conservation and
Office of the State Comptroller.
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

Statutes affected:
S1869: 88 highway law, 53-0303 environmental conservation law