NY State Senate Bill 2021-S7427B

Senate Bill S7427B

2021-2022 Legislative Session

Relates to the metropolitan commuter transportation authority establishing and implementing a vegetation management policy

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
May 31, 2022	amended on third reading 7427b
May 24, 2022	amended on third reading (t) 7427a
May 16, 2022	advanced to third reading
May 11, 2022	2nd report cal.
May 10, 2022	1st report cal.1274
Jan 05, 2022	referred to transportation
Oct 08, 2021	referred to rules

Votes

- May 10, 2022 - Transportation Committee Vote
  S7427B
  
  11
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: May 10, 2022
      
      aye (11)
      
      Cooney
      
      Gallivan
      
      Kaminsky
      
      Kaplan
      
      Kennedy
      
      Liu
      
      Mattera
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Skoufis
      
      aye wr (2)
      
      Griffo
      
      Serino

Bill Amendments

Original

B (Active)

2021-S7427 - Details

See other versions of this Bill:: A8659 ,; S9432 ,
Current Committee:: Senate Rules
Law Section:: Public Authorities Law
Laws Affected:: Amd §1266, Pub Auth L
Versions Introduced in 2023-2024 Legislative Session:: S2969, A5230

2021-S7427 - Summary

Relates to the metropolitan commuter transportation authority establishing and implementing a policy for responsible management of vegetation and other activities that impact neighboring properties in order to preserve the safety and efficiency of commuter rail operations by implementing guidelines for removal and management policies.

2021-S7427 - Sponsor Memo

                                
 
BILL NUMBER: S7427

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to the metropol-
itan commuter transportation authority establishing and implementing a
land management policy

 
PURPOSE OR GENERAL IDEA OF BILL:

To preserve the value of green space and flora to communities and to
provide for more thoughtful environmental land use in MTA rights-of-way
by imposing on the MTA new guidelines and processes for vegetation
management.

 
SUMMARY OF PROVISIONS:

Section 1 requires the Metropolitan Transportation Authority, the Long
Island Rail Road, and Metro-North Commuter Railroad Company to implement
a responsible land management policy that:

   (i) Promotes growth and conservation of native biodiversity and
   ecosystems;

   (ii) Prohibits clear-cutting and other broad-scale removals of
   vegetation;

   (iii) Establishes procedures for communication--in advance of
   vegetation management activities--with communities, other
   stakeholders affected by such activities, and with local officials
   and elected leaders;

   (iv) Require consultation with affected communities and stakeholders
   regarding vegetation management activities; and

   (v) Require consideration of any impacts on flooding by vegetation
   management activities.

Section 1 also defines certain terms.

Section 2 sets the effective date.

 
JUSTIFICATION:

In May of 2021, Metro North engaged in widespread and gratuitous clear-
cutting of vegetated land near the New Haven Line tracks and made other
land modifications that negatively affected adjacent properties. The
extent of the damage was dramatic and far in excess of what was neces-
sary to limit the hazards posed by trees that might fall. Consequences
of such actions to local communities included increased noise and air
pollution, elimination of visual barriers that provided privacy to those
living nearby, exacerbation of flooding risk, and damaged property
values. In addition, Metro North failed to give adequate notice to
affected communities.

Unfortunately, this is not an isolated incident. This legislation will
ensure that this type of destruction does not happen again in Mamaroneck
or anywhere else by requiring the MTA and its partners to engage in more
selective and thoughtful vegetation management and to be a good neighbor
by communicating and consulting with affected communities in advance.
The imposition of considerations for ecological sensitivity and flooding
will also enhance the benefits of the living environments in the rights-
of-way by promoting biodiversity and mitigating actions that may exacer-
bate flooding.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
The provisions of the bill shall take effect 180 days after becoming
law.

2021-S7427 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7427
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              October 8, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public authorities law, in relation to the metropol-
   itan commuter transportation authority establishing and implementing a
   land management policy

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1266 of the public authorities law is amended by
 adding a new subdivision 20 to read as follows:
   20. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW OR THE  TERMS  OF  ANY
 CONTRACT,  THE AUTHORITY, IN CONSULTATION WITH THE LONG ISLAND RAIL ROAD
 AND THE METRO-NORTH  COMMUTER  RAILROAD  COMPANY,  SHALL  ESTABLISH  AND
 IMPLEMENT A RESPONSIBLE LAND MANAGEMENT POLICY FOR THE PURPOSE OF REMOV-
 ING,  TRIMMING  OR  CUTTING  BACK ANY TREE, SHRUB OR OTHER VEGETATION TO
 PRESERVE THE SAFETY AND EFFICIENCY OF COMMUTER RAIL OPERATIONS.
   (A) SUCH POLICY SHALL, AT A MINIMUM:
   (I) PROMOTE THE GROWTH AND CONSERVATION  OF  NATIVE  BIODIVERSITY  AND
 PROTECT NATIVE ECOSYSTEMS AGAINST LOSSES THAT RESULT FROM CLEAR-CUTTING;
   (II)  PROHIBIT  CLEAR-CUTTING  UNLESS OTHERWISE REQUIRED BY LAW, REGU-
 LATION OR ORDER, THE TERMS OF ANY  CONTRACT,  TO  PREVENT  THE  IMMINENT
 THREAT  OF  HARM  TO  PERSONS OR PROPERTY, OR TO PREVENT OR MITIGATE THE
 HARM OR DAMAGE CAUSED BY DAMAGED OR DISEASED  TREES,  SHRUBS,  OR  OTHER
 VEGETATION;
   (III)  REQUIRE  ADEQUATE  COMMUNICATION  OF ANY CLEAR-CUTTING OR VEGE-
 TATION MANAGEMENT ACTIVITY TO IMPACTED STAKEHOLDERS IN  THE  COMMUNITIES
 AFFECTED  BY  SUCH  ACTIVITIES,  INCLUDING BUT NOT LIMITED TO FORTY-FIVE
 DAYS' WRITTEN NOTICE PRIOR TO THE COMMENCEMENT OF SUCH ACTIVITIES TO (1)
 THE COMMUNITY BOARD OR ELECTED REPRESENTATIVES REPRESENTING ALL  MUNICI-
 PALITIES  ENCOMPASSING  LAND  SUBJECT TO SUCH ACTIVITIES, (2) COUNTY AND
 STATE ELECTED REPRESENTATIVES REPRESENTING DISTRICTS  ENCOMPASSING  LAND
 SUBJECT  TO  SUCH  ACTIVITIES  OR CONTIGUOUS TO A DISTRICT THAT CONTAINS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13140-01-1

 S. 7427                             2
 
 AREAS AFFECTED BY SUCH ACTIVITIES, (3) THE EXECUTIVE OF  THE  COUNTY  IN
 WHICH  SUCH  ACTIVITY  OCCURS,  AND  (4) ANY NEIGHBORHOOD ASSOCIATION OR
 SIMILAR ORGANIZATION REPRESENTING A NEIGHBORHOOD SUBJECT TO SUCH  ACTIV-
 ITIES OR ADJACENT TO SUCH ACTIVITIES;
   (IV) INCLUDE ADEQUATE CONSULTATION WITH IMPACTED STAKEHOLDERS, INCLUD-
 ING  BUT  NOT  LIMITED TO THE COMMUNITY BOARD OR ELECTED REPRESENTATIVES
 REPRESENTING ALL MUNICIPALITIES ENCOMPASSING LAND SUBJECT TO  CLEAR-CUT-
 TING  OR  OTHER  VEGETATION  MANAGEMENT  ACTIVITIES AND ANY NEIGHBORHOOD
 ASSOCIATION OR SIMILAR ORGANIZATION REPRESENTING A NEIGHBORHOOD  SUBJECT
 TO  SUCH  ACTIVITIES  OR ADJACENT TO SUCH ACTIVITIES, OF LAND MANAGEMENT
 ACTIONS TAKEN TO PROMOTE THE GROWTH AND CONSERVATION OF NATIVE BIODIVER-
 SITY UNDERTAKEN PURSUANT TO THE POLICY, INCLUDING  BUT  NOT  LIMITED  TO
 ADDITIONAL  TREE,  SHRUB, OR VEGETATION PLANTING, OFFSETS, OR MITIGATION
 ACTIONS; AND
   (V) REQUIRE CONSIDERATION OF ANY IMPACT ON FLOODING AS A RESULT OF ANY
 VEGETATION MANAGEMENT ACTIVITIES TAKEN PURSUANT TO THE POLICY.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (I)  "NATIVE  BIODIVERSITY"  SHALL  MEAN THE FULL RANGE OF VARIETY AND
 VARIABILITY  WITHIN  AND  AMONG  LIVING  ORGANISMS  AND  THE  ECOLOGICAL
 COMPLEXES  IN  WHICH  THEY WOULD HAVE OCCURRED IN THE ABSENCE OF SIGNIF-
 ICANT HUMAN IMPACT, AND ENCOMPASSES DIVERSITY WITHIN A SPECIES, WITHIN A
 COMMUNITY OF SPECIES, AND BETWEEN COMMUNITIES OF SPECIES, WITHIN A TOTAL
 AREA. THIS INCLUDES VERTICAL AND HORIZONTAL DIVERSITY.
   (II) "CLEAR-CUTTING" SHALL MEAN THE REMOVAL  OF  ALL  TREES  OR  OTHER
 VEGETATION  IN  A  PATCH OR STAND, OR OTHER BROAD SCALE REMOVAL OF VEGE-
 TATION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

2021-S7427A - Details

See other versions of this Bill:: A8659 ,; S9432 ,
Current Committee:: Senate Rules
Law Section:: Public Authorities Law
Laws Affected:: Amd §1266, Pub Auth L
Versions Introduced in 2023-2024 Legislative Session:: S2969, A5230

2021-S7427A - Summary

2021-S7427A - Sponsor Memo

                                 
BILL NUMBER: S7427A

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to the metropol-
itan commuter transportation authority establishing and implementing a
land and vegetation management policy

 
PURPOSE OR GENERAL IDEA OF BILL:

To preserve the value of green space to communities and to provide for
more thoughtful land use in MTA rights-of-way by requiring the MTA to
establish a land and vegetation management policy which includes new
guidelines and processes for vegetation management and community engage-
ment.

 
SUMMARY OF PROVISIONS:

Section 1 requires the Metropolitan Transportation Authority, the Long
Island Rail Road, and Metro-North Commuter Railroad Company to implement
a responsible land and vegetation management policy that:

(i) Includes guidelines for communication with local governments and
property owners affected by vegetation management activities;

(ii) Is consistent with commuter rail safety and efficiency guidelines;

(iii) Provides guidance for considering impacts on neighboring proper-
ties and communities, including a goal of minimizing impacts;

(iv) Provides that vegetation management activity impact assessment be
consistent with operational responsibilities of the commuter rail lines;

(v) Require meaningful prior written notice to impacted stakeholders;
and

(vi) Require consideration of any impacts on flooding as a result of any
vegetation or land management activities.

Section 2 sets the effective date.

 
JUSTIFICATION:

In May of 2021, Metro North engaged in widespread and gratuitous clear-
cutting of vegetated land near the New Haven Line tracks and made other
land modifications that negatively affected adjacent properties. The
extent of the damage was dramatic and far in excess of what was neces-
sary to limit the hazards posed by trees that might fall. Consequences
of such actions to local communities included increased noise and air
pollution, elimination of visual barriers that provided privacy to those
living nearby, exacerbation of flooding risk, and damaged property
values.  In addition, Metro North failed to give adequate notice to
affected communities.

Unfortunately, this is not an isolated incident. This legislation will
ensure that this type of destruction does not happen again in Mamaroneck
or anywhere else by requiring the MTA and its partners to engage in more

selective and thoughtful vegetation management and to be a good neighbor
by communicating and consulting with affected communities in advance.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
The provisions of the bill shall take effect 180 days after becoming
law.

2021-S7427A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7427--A
     Cal. No. 1274
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              October 8, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the Committee on Transportation in accordance with Senate Rule 6, sec.
   8  --  reported  favorably  from  said committee, ordered to first and
   second report,  ordered  to  a  third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the public authorities law, in relation to the metropol-
   itan commuter transportation authority establishing and implementing a
   land and vegetation management policy
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1266 of the public authorities law  is  amended  by
 adding a new subdivision 20 to read as follows:
   20.  NOTWITHSTANDING  ANY  OTHER PROVISIONS OF LAW OR THE TERMS OF ANY
 CONTRACT, THE AUTHORITY, IN CONSULTATION WITH THE LONG ISLAND RAIL  ROAD
 AND  THE  METRO-NORTH  COMMUTER  RAILROAD  COMPANY,  SHALL ESTABLISH AND
 IMPLEMENT A RESPONSIBLE LAND AND VEGETATION MANAGEMENT POLICY TO OUTLINE
 POLICIES AND GOALS FOR THE MANAGEMENT OF LAND UNDER THE CONTROL OF  SUCH
 COMMUTER  RAIL COMPANIES. THE PURPOSE OF SUCH POLICY IS TO DETAIL COMMU-
 TER RAIL MANAGEMENT PRACTICES WITH RESPECT TO LAND  USE  AND  VEGETATION
 MANAGEMENT  ACTIONS,  AND  COORDINATION AND COMMUNICATION REGARDING SUCH
 ACTIONS WITH LOCAL GOVERNMENTS  AND  NEIGHBORHOODS  NEAR  COMMUTER  RAIL
 PROPERTIES  IN FURTHERANCE OF THE SAFETY AND EFFICIENCY OF COMMUTER RAIL
 OPERATIONS.  SUCH POLICY SHALL:
   (A) INCLUDE GUIDELINES FOR COMMUNICATION WITH  LOCAL  GOVERNMENTS  AND
 PROPERTY  OWNERS  NEAR COMMUTER RAIL PROPERTIES OR PROPERTIES THAT WOULD
 BE AFFECTED BY CHANGES IN LAND USE AND VEGETATION MANAGEMENT;
   (B) BE CONSISTENT WITH  SAFETY  AND  EFFICIENCY  REQUIREMENTS  OF  THE
 COMMUTER RAIL LINES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13140-02-2
 S. 7427--A                          2

 
   (C)  PROVIDE  GUIDANCE THAT SUCH ACTIONS CONSIDER THE IMPACT ON NEIGH-
 BORING PROPERTIES AND COMMUNITIES AND INCLUDE A GOAL OF MINIMIZING NEGA-
 TIVE IMPACTS WHERE POSSIBLE;
   (D)  PROVIDE  THAT  VEGETATION  REMOVAL AND MANAGEMENT POLICIES SHOULD
 CONSIDER THE IMPACT ON NEIGHBORING PROPERTIES CONSISTENT WITH THE OPERA-
 TIONAL RESPONSIBILITIES OF THE COMMUTER RAIL LINES;
   (E) PROVIDE FOR MEANINGFUL PRIOR WRITTEN NOTICE, WHEN REASONABLY PRAC-
 TICABLE, OF ANY SIGNIFICANT  VEGETATION  MANAGEMENT  ACTIVITY  OR  OTHER
 SIGNIFICANT LAND OR INFRASTRUCTURE MODIFICATION TO IMPACTED STAKEHOLDERS
 IN THE COMMUNITIES AFFECTED BY SUCH ACTIVITIES, INCLUDING BUT NOT LIMIT-
 ED  TO  (1)  THE COMMUNITY BOARD OR ELECTED REPRESENTATIVES REPRESENTING
 ALL MUNICIPALITIES ENCOMPASSING LAND SUBJECT  TO  SUCH  ACTIVITIES,  (2)
 COUNTY  AND  STATE ELECTED REPRESENTATIVES REPRESENTING DISTRICTS ENCOM-
 PASSING LAND SUBJECT TO SUCH ACTIVITIES OR CONTIGUOUS TO A DISTRICT THAT
 CONTAINS AREAS AFFECTED BY SUCH ACTIVITIES, (3)  THE  EXECUTIVE  OF  THE
 COUNTY  IN  WHICH SUCH ACTIVITY OCCURS, (4) ANY NEIGHBORHOOD ASSOCIATION
 OR SIMILAR ORGANIZATION REPRESENTING  A  NEIGHBORHOOD  SUBJECT  TO  SUCH
 ACTIVITIES  OR  ADJACENT TO SUCH ACTIVITIES, AND (5) PERSONS RESIDING OR
 OWNING PROPERTY ADJACENT TO THE SITES OF SUCH ACTIVITIES; AND
   (F) REQUIRE CONSIDERATION OF ANY IMPACT ON FLOODING AS A RESULT OF ANY
 VEGETATION OR LAND MANAGEMENT ACTIVITIES TAKEN PURSUANT TO THE POLICY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

2021-S7427B (ACTIVE) - Details

See other versions of this Bill:: A8659 ,; S9432 ,
Current Committee:: Senate Rules
Law Section:: Public Authorities Law
Laws Affected:: Amd §1266, Pub Auth L
Versions Introduced in 2023-2024 Legislative Session:: S2969, A5230

2021-S7427B (ACTIVE) - Summary

2021-S7427B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7427B

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to the metropol-
itan commuter transportation authority establishing and implementing a
vegetation management policy

 
PURPOSE OR GENERAL IDEA OF BILL:

To preserve the value of green space to communities and to provide for
more thoughtful vegetation management and handling of other activities
that impact neighboring properties in MTA rights-of-way by requiring the
MTA to establish a new policy which includes guidelines and processes
for vegetation management and community engagement.

 
SUMMARY OF PROVISIONS:

Section 1 requires the Metropolitan Transportation Authority, the Long
Island Rail Road, and Metro-North Commuter Railroad Company to implement
a policy for responsible management of vegetation and other activities

that impact neighboring communities that:

(i) Is consistent with applicable federal law;

(ii) Includes guidelines for communication with local governments and
property owners affected by vegetation management activities;

(iii) Is consistent with commuter rail safety and efficiency guidelines;

(iv) Provides guidance for considering impacts on neighboring properties
and communities, including a goal of minimizing impacts;

(v) Provides that vegetation management activity impact assessment be
consistent with operational responsibilities of the commuter rail lines;

(vi) Requires meaningful prior written notice to impacted stakeholders;
and

(vii) Requires consideration of any impacts on flooding as a result of
any activities covered by the policy.

Section 2 sets the effective date.

 
JUSTIFICATION:

In May of 2021, Metro North engaged in widespread and gratuitous clear-
cutting of vegetated land near the New Haven Line tracks and made other
land modifications that negatively affected neighboring properties. The
extent of the damage was dramatic and far in excess of what was neces-
sary to limit the hazards posed by trees that might fall.  Consequences
of such actions to local communities included increased noise and air
pollution, elimination of visual barriers that provided privacy to those
living nearby, exacerbation of flooding risk, and damaged property
values. In addition, Metro North failed to give adequate notice to
affected communities.


Unfortunately, this is not an isolated incident. This legislation will
ensure that this type of destruction does not happen again in Mamaroneck
or anywhere else by requiring the MTA and its partners to engage in more
selective and thoughtful vegetation management, and implementation of
other activities affecting neighboring properties, in a manner consist-
ent with its obligations to act as a good neighbor, and by communicating
with affected communities in advance.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
The provisions of the bill shall take effect 180 days after becoming
law.

2021-S7427B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7427--B
     Cal. No. 1274
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              October 8, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the Committee on Transportation in accordance with Senate Rule 6, sec.
   8  --  reported  favorably  from  said committee, ordered to first and
   second report,  ordered  to  a  third  reading,  amended  and  ordered
   reprinted,  retaining its place in the order of third reading -- again
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 AN ACT to amend the public authorities law, in relation to the metropol-
   itan commuter transportation authority establishing and implementing a
   vegetation management policy
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1266 of the public authorities law  is  amended  by
 adding a new subdivision 20 to read as follows:
   20.  NOTWITHSTANDING  ANY  OTHER PROVISIONS OF LAW OR THE TERMS OF ANY
 CONTRACT, THE AUTHORITY, IN CONSULTATION WITH THE LONG ISLAND RAIL  ROAD
 AND  THE  METRO-NORTH  COMMUTER  RAILROAD  COMPANY,  SHALL ESTABLISH AND
 IMPLEMENT A POLICY FOR RESPONSIBLE MANAGEMENT OF  VEGETATION  AND  OTHER
 ACTIVITIES  THAT  IMPACT  NEIGHBORING PROPERTIES TO OUTLINE POLICIES AND
 GOALS FOR THE MANAGEMENT OF VEGETATION AND OTHER ACTIVITIES THAT  IMPACT
 NEIGHBORING  PROPERTIES  UNDER  THE CONTROL OF SUCH COMMUTER RAIL COMPA-
 NIES. THE PURPOSE OF SUCH POLICY IS TO DETAIL COMMUTER  RAIL  MANAGEMENT
 PRACTICES  WITH  RESPECT  TO  VEGETATION  MANAGEMENT  ACTIONS  AND OTHER
 ACTIONS THAT IMPACT NEIGHBORING PROPERTIES, AND COORDINATION AND  COMMU-
 NICATION REGARDING SUCH ACTIONS WITH LOCAL GOVERNMENTS AND NEIGHBORHOODS
 NEAR COMMUTER RAIL PROPERTIES IN FURTHERANCE OF THE SAFETY AND EFFICIEN-
 CY OF COMMUTER RAIL OPERATIONS.  SUCH POLICY SHALL:
   (A) BE CONSISTENT WITH EXISTING REGULATIONS PROMULGATED BY THE FEDERAL
 RAILROAD  ADMINISTRATION OR ANY OTHER FEDERAL LAWS, RULES OR REGULATIONS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13140-04-2

 S. 7427--B                          2
 
 GOVERNING VEGETATION MANAGEMENT OR OTHER ACTIVITIES THAT  IMPACT  NEIGH-
 BORING PROPERTIES BY A COMMUTER RAIL COMPANY;
   (B)  INCLUDE  GUIDELINES  FOR COMMUNICATION WITH LOCAL GOVERNMENTS AND
 PROPERTY OWNERS NEIGHBORING  COMMUTER  RAIL  PROPERTIES  THAT  WOULD  BE
 IMPACTED  BY VEGETATION MANAGEMENT ACTIONS AND OTHER ACTIONS THAT IMPACT
 NEIGHBORING PROPERTY;
   (C) BE CONSISTENT WITH  SAFETY  AND  EFFICIENCY  REQUIREMENTS  OF  THE
 COMMUTER RAIL LINES;
   (D)  PROVIDE  GUIDANCE THAT SUCH ACTIONS CONSIDER THE IMPACT ON NEIGH-
 BORING PROPERTIES AND COMMUNITIES AND INCLUDE A GOAL OF MINIMIZING NEGA-
 TIVE IMPACTS WHERE POSSIBLE;
   (E) PROVIDE THAT VEGETATION REMOVAL  AND  MANAGEMENT  POLICIES  SHOULD
 CONSIDER THE IMPACT ON NEIGHBORING PROPERTIES CONSISTENT WITH THE OPERA-
 TIONAL RESPONSIBILITIES OF THE COMMUTER RAIL LINES;
   (F) PROVIDE FOR MEANINGFUL PRIOR WRITTEN NOTICE, WHEN REASONABLY PRAC-
 TICABLE,  OF  ANY  SIGNIFICANT  VEGETATION  MANAGEMENT ACTIVITY OR OTHER
 SIGNIFICANT ACTIVITIES THAT IMPACT NEIGHBORING  PROPERTIES  TO  IMPACTED
 STAKEHOLDERS  IN  THE COMMUNITIES AFFECTED BY SUCH ACTIVITIES, INCLUDING
 BUT NOT LIMITED TO (1) THE COMMUNITY BOARD  OR  ELECTED  REPRESENTATIVES
 REPRESENTING ALL MUNICIPALITIES ENCOMPASSING LAND SUBJECT TO SUCH ACTIV-
 ITIES,   (2)  COUNTY  AND  STATE  ELECTED  REPRESENTATIVES  REPRESENTING
 DISTRICTS ENCOMPASSING LAND SUBJECT TO SUCH ACTIVITIES OR CONTIGUOUS  TO
 A  DISTRICT  THAT  CONTAINS  AREAS  AFFECTED BY SUCH ACTIVITIES, (3) THE
 EXECUTIVE OF THE COUNTY IN WHICH SUCH ACTIVITY OCCURS, (4) ANY NEIGHBOR-
 HOOD ASSOCIATION OR SIMILAR  ORGANIZATION  REPRESENTING  A  NEIGHBORHOOD
 SUBJECT  TO  SUCH  ACTIVITIES  OR  ADJACENT  TO SUCH ACTIVITIES, AND (5)
 PERSONS RESIDING OR OWNING PROPERTY ADJACENT TO THE SITES OF SUCH ACTIV-
 ITIES; AND
   (G) REQUIRE CONSIDERATION OF ANY IMPACT  ON  FLOODING  TO  NEIGHBORING
 PROPERTIES  AS A RESULT OF ANY VEGETATION MANAGEMENT OR OTHER ACTIVITIES
 THAT IMPACT NEIGHBORING PROPERTIES TAKEN PURSUANT TO THE POLICY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

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