2023 -- H 5344

========

LC001237

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO AGRICULTURE AND FORESTRY -- OLD GROWTH FOREST

PROTECTION ACT

     Introduced By: Representatives Shanley, Craven, O'Brien, Bennett, Cotter, Spears,
Casimiro, Batista, Solomon, and Kazarian

     Date Introduced: February 03, 2023

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

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

is hereby amended by adding thereto the following chapter:

CHAPTER 28

OLD GROWTH FOREST PROTECTION ACT

     2-28-1. Statement of legislative purpose.

     The general assembly recognizes that:

     (1) Old growth forests are significant ecosystems where native trees and animals live.

     (2) There are certain animals, insects, and birds that only live in old growth forests.

     (3) There are also native tree species that might not come back if an old growth forest is

cut.

     (4) More native species live in old growth forests than second growth forests.

     (5) Old growth forests are important carbon sinks storing more carbon than an average

Rhode Island forest, and if cut, would release its stored carbon into the atmosphere.

     (6) Old growth forests are extremely rare, and once cut, might not come back for a hundred

(100) years or more.

     (7) It is a matter of public interest that old growth forests receive special consideration for

conservation purposes.

     (8) It is a matter of public interest that old growth forests are to be untouched and left in

their perfect natural state.

     2-28-2. Definitions.

     As used in this chapter:

     (1) “Buffer area” means an area on land owned by the state or its cities and towns

immediately adjacent to an old growth forest that is of sufficient size and configuration for each

old growth forest to protect the old growth forest from human activity and alteration and mitigates

the effects of natural disturbances including, but not limited to, wind, storms, fire, insect infestation,

invasive species and disease.

     (2) "Forest" means any area of land at least one acre in size with a concentration of trees

and related vegetation.

     (3) “Forestry operations” means tree cutting, timber harvesting, girdling, or any alteration

to a forest.

     (4) “Old growth forests” means a forest at least five (5) acres in size that exhibits at least

three (3) of the following characteristics:

     (i) Shows no evidence of significant human disturbance that originated on the site;

     (ii) Numerous old trees, of which the oldest exceed at least half the projected maximum

attainable age for the species;

     (iii) Shade-tolerant species are present in all age and size classes;

     (iv) Randomly distributed canopy gaps caused by natural disturbances are present;

     (v) A high degree of structural diversity characterized by multiple growth layers reflecting

a broad spectrum of ages is present;

     (vi) An accumulation of dead wood of varying sizes and stages of decomposition

accompanied by decadence in live dominant trees is present;

     (vii) Pit and mound topography can be observed;

     (viii) Presence of balding bark on the older trees;

     (ix) Presence of stag-headed shaped tree crowns among the older trees in the forest;

     (x) Very little underbrush located on the forest floor;

     (xi) Contains a large variety of native tree species; and

     (xii) Has the capacity for self-perpetuation.

     2-28-3. Prohibitions.

     (a) Forestry operations conducted in old growth forests on state land, or any land owned

by the cities and towns of Rhode Island are strictly prohibited.

     (b) Funding of forestry operations conducted in old growth forests by the state or the cities

and towns of Rhode Island on private land is strictly prohibited.

LC001237 - Page 2 of 5

     2-28-4. Requirements.

     (a) All state and municipal owned forests prior to scheduled forestry operations shall

undergo tree coring, tree species identification, soil sampling, as well as a survey to determine if

the forest meets the criteria to be designated as an old growth forest as defined in this chapter before

any forestry operations take place to prevent the accidental cutting of old growth forests. The survey

shall be conducted by the department of environmental management for state-owned land, and local

land trusts, tree commissions, or wildlife and conservation commissions for land owned by the

cities and towns. The department of environmental management shall provide cities and towns with

the necessary materials needed to conduct the survey. A report of the survey with the data collected

shall be made easily available to the public at least three (3) weeks before any forestry operations

take place on state-owned land and land owned by the cities and towns of Rhode Island.

     (b) Whenever any land is acquired by the state or any of its cities and towns, a survey shall

be conducted to determine if the forest meets the criteria to be designated as an old growth forest

as defined in this chapter. The survey shall include tree coring, tree species identification, and soil

sampling. No forestry operations shall be conducted until completion of the survey pursuant to the

provisions in this section. The survey shall be conducted by the department of environmental

management for state-owned land, and local land trusts, tree commissions, or wildlife and

conservation commissions for land owned by the cities and towns. The department of

environmental management shall provide cities and towns with the necessary materials needed to

conduct the survey. A report of the survey with the data collected shall be made easily available to

the public for acquired state owned land and acquired land owned by the cities and towns of Rhode

Island.

     (c) The department of environmental management in coordination with the Rhode Island

Natural History Survey and the Old Growth Tree Society shall conduct an inventory of the forests

on state-owned land to determine the extent and condition of old growth forest stands. The

preliminary identification of old growth forest stands should also include an estimate of necessary

buffer areas, including an explanation of the rationale for the estimated size and shape of such

buffer areas. All old growth forests and the adjacent buffer areas identified in this inventory shall

be designated as natural area preserves as defined in § 42-122-3.

     (d) The department of environmental management shall designate no fewer than fifteen

(15) natural area preserves as defined in § 42-122-3 by January 1, 2024.

     (e) Any forestry operations conducted in the natural area preserves as defined in § 42-122-

3 are strictly prohibited.

     2-28-5. Preservation and protected funding.

LC001237 - Page 3 of 5

     (a) Protecting the remaining areas of old growth forests shall be a priority for the

department of environmental management and annual application to the general assembly for

appropriations shall be made to carry out the provisions of this chapter.

     (b) Local cities and towns may make applications to the general assembly for

appropriations to preserve old growth forests.

     2-28-6. Penalty for violations of §§ 2-28-3 and 2-28-4.

     (a) Any person, firm or corporation violating the provisions of §§ 2-28-3 or 2-28-4, shall

be punished by a fine of not less than five thousand dollars ($5,000) for each offence.

     (b) The department of environmental management has the authority to order anyone

convicted of violating §§ 2-28-3 or 2-28-4, or any governmental entity which the department of

environmental management determines violated §§ 2-28-3 or 2-28-4 to donate no less than three

thousand dollars ($3,000) to the department of environmental management in a fund devoted to the

preservation of old growth forests.

     SECTION 2. This act shall take effect upon passage.

========

LC001237

========

LC001237 - Page 4 of 5

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO AGRICULTURE AND FORESTRY -- OLD GROWTH FOREST

PROTECTION ACT

***

     This act would prohibit forestry operations on land owned by the state and any municipality

relating to old growth forests. This act would also require the department of environmental

management (DEM) to protect old growth forests funded by the general assembly as well as

enforcing any violations by the imposition of fines.

     This act would take effect upon passage.

========

LC001237

========

LC001237 - Page 5 of 5