Senate Bill S7962C

2009-2010 Legislative Session

Requires any utility company involved in a vegetation management plan to give prior notice to the local legislative body and residents of the affected community and

download bill text pdf

Archive: Last Bill Status - In Assembly 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

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 29, 2010	referred to local governments delivered to assembly passed senate
Jun 21, 2010	amended on third reading (t) 7962c
Jun 16, 2010	amended on third reading 7962b
Jun 14, 2010	advanced to third reading
Jun 10, 2010	2nd report cal.
Jun 09, 2010	1st report cal.929
Jun 08, 2010	print number 7962a
Jun 08, 2010	amend and recommit to local government
May 27, 2010	referred to local government

Votes

- Jun 29, 2010 - Floor Vote
  S7962C
  
  Aye
  
  32
  
  Nay
  
  29
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Floor Vote: Jun 29, 2010
      
      aye (32)
      
      Adams
      
      Addabbo Jr.
      
      Aubertine
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Foley
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      Montgomery
      
      Onorato
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      nay (29)
      
      Alesi
      
      Bonacic
      
      DeFrancisco
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Johnson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Nozzolio
      
      Padavan
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Seward
      
      Skelos
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan
  Jun 9, 2010 - Local Government Committee Vote
  S7962C
  
  Aye
  
  3
  
  Nay
  
  2
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Local Government Committee Vote: Jun 9, 2010
      
      aye (3)
      
      Oppenheimer
      
      Stewart-Cousins
      
      Thompson
      
      nay (2)
      
      Bonacic
      
      Little
      
      aye wr (2)
      
      Johnson
      
      Valesky
      
      excused (1)
      
      Morahan

Bill Amendments

2009-S7962 - Details

See Assembly Version of this Bill:: A11529
Current Committee:: Assembly Local Governments
Law Section:: General Municipal Law
Laws Affected:: Amd §96-b, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:: S1632, A2435

2009-S7962 - Summary

Requires any utility company involved in a vegetation management plan to give prior notice to the local legislative body and the residents of the affected community and to hold a public meeting prior to implementation of such plan.

2009-S7962 - Sponsor Memo

                                BILL NUMBER:S7962

TITLE OF BILL:
An act
to amend the general municipal law, in relation to requiring any utility
company involved in a vegetation management plan to give prior notice to
the local legislative body and the residents of the affected community
and to hold a public meeting prior to implementation of such plan

SUMMARY OF PROVISIONS:
Section 1 of the bill amends the general municipal law by adding a new
subdivision 3 to require any utility company involved in a vegetation
management plan that includes the trimming or cutting of trees and/or
the elimination of overgrown vegetation in any county, city, town or
village shall give 60 days notice prior to such activity to the
community affected thereby. The involved utility company shall hold a
public meeting within the affected community at least 30 days prior
to to the implementation of such plan or activity, providing the
residents of such community with the details of such trimming,
cutting, and/or vegetation management plan, and providing residents
with an opportunity to be heard with respect to such plan.

Section 2 is the immediate effective date.

JUSTIFICATION:
Consistently for several years, Consolidated Edison, a utility

regulated by the State's Public Service Department, as well as other
utility companies in New York State, has repeatedly entered the
process of what they deem to be necessary tree removal due to the
proximity of overgrown trees near power lines in residential areas of
Westchester County. However, many of the residents in communities of
Yonkers, Greenburgh and Mt.
Pleasant, as well as many others state wide, have been dissatisfied
with the process from its incipiency. Many argued that far too many
trees were removed yielding various consequences that could have been
avoided had there been a mechanism for public input especially
regarding site selection and the extent of the trimming.

These consequences include the creation of naked areas that leave
sudden drop offs as well as the spread of branches and wood chips
making child friendly areas potentially harmful. Additionally, the
removal of trees along the New York State Thruway and Sprain Brook
Parkway has caused an increase in noise and artificial light entering
homes throughout the affected residential areas.

According to members of local environmental conservation groups, the
trees in many of these affected areas served as protections to
residents from natural processes such as flooding and erosion, which
can lead to property damage and personal injury. Several homes have
already experienced some of these results as water has run into
basements and increased wind speeds have caused damage to several
houses.

LEGISLATIVE HISTORY:
New Bill- 2010.


FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This bill will take effect immediately.

2009-S7962 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7962

                            I N  S E N A T E

                              May 27, 2010
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, in relation to requiring  any
  utility company involved in a vegetation management plan to give prior
  notice to the local legislative body and the residents of the affected
  community and to hold a public meeting prior to implementation of such
  plan

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 96-b of the general municipal  law  is  amended  by
adding a new subdivision 3 to read as follows:
  3.  A.  ANY  UTILITY  COMPANY INVOLVED IN A VEGETATION MANAGEMENT PLAN
THAT INCLUDES THE TRIMMING OR CUTTING OF TREES, AND/OR  THE  ELIMINATION
OF  OVERGROWN VEGETATION IN ANY COUNTY, CITY, TOWN OR VILLAGE SHALL GIVE
SIXTY DAYS NOTICE PRIOR TO THE IMPLEMENTATION OF SUCH  ACTIVITY  TO  THE
LOCAL  LEGISLATIVE BODY OF SUCH COUNTY, CITY, TOWN OR VILLAGE AND TO THE
RESIDENTS OF THE COMMUNITY AFFECTED THEREBY. NO SUCH ACTIVITY  SHALL  BE
COMMENCED  UNTIL AFTER SUCH UTILITY COMPANY HAS HELD A PUBLIC MEETING IN
RELATION THERETO, AT WHICH THE LEGISLATIVE BODY  AND  THE  RESIDENTS  OF
SUCH AFFECTED COMMUNITY SHALL BE PROVIDED WITH THE DETAILS OF SUCH TRIM-
MING, CUTTING, AND/OR VEGETATION MANAGEMENT PLAN AND WITH AN OPPORTUNITY
TO BE HEARD ON SUCH MATTERS.
  B.  IN  THE  EVENT  OF AN EMERGENCY, SUCH UTILITY COMPANY SHALL NOT BE
REQUIRED TO GIVE NOTICE OR TO HOLD A PUBLIC MEETING PRIOR TO THE  IMPLE-
MENTATION OF A VEGETATION MANAGEMENT PLAN.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17542-01-0

2009-S7962A - Details

See Assembly Version of this Bill:: A11529
Current Committee:: Assembly Local Governments
Law Section:: General Municipal Law
Laws Affected:: Amd §96-b, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:: S1632, A2435

2009-S7962A - Summary

2009-S7962A - Sponsor Memo

                                BILL NUMBER:S7962A

TITLE OF BILL:

An act
to amend the general municipal law, in relation to requiring any utility
company involved in a vegetation management plan to give prior notice to
the local legislative body and the residents of the affected community
and to hold a public meeting prior to implementation of such plan

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the general municipal law by adding a new
subdivision 3 to require any utility company involved in a vegetation
management plan that includes the trimming or cutting of trees and/or
the elimination of overgrown vegetation in any county, city, town or
village shall give 60 days notice prior to such activity to the
community affected thereby. The involved utility company shall hold a
public meeting within the affected community at least 30 days prior
to the implementation of such plan or activity, providing the
residents of such community with the details of such trimming,
cutting, and/or vegetation management plan, and providing residents
with an opportunity to be heard with respect to such plan.

The legislation also allows for a utility company to not notify or
hold public hearing in case of an emergency situation deemed to be a

threat to public safety and welfare.

The legislation also sets forth penalties if any utility fails to
notify and/or hold public hearing will be subject to a civil penalty
which will result in a fine up to $5,000 for the first violation and
up to $10,000 for two or more violations within a five year period.

Section 2 is the immediate effective date.

JUSTIFICATION:

Consistently for several years, Consolidated Edison, a utility
regulated by the State's Public Service Department, as well as other
utility companies in New York State, has repeatedly entered the
process of what they deem to be necessary tree removal due to the
proximity of overgrown trees near power lines in residential areas of
Westchester County. However, many of the residents in communities of
Yonkers, Greenburgh and Mt.
Pleasant, as well as many others state wide, have been dissatisfied
with the process from its incipiency. Many argued that far too many
trees were removed yielding various consequences that could have been
avoided had there been a mechanism for public input especially
regarding site selection and the extent of the trimming.

These consequences include the creation of naked areas that leave
sudden drop offs as well as the spread of branches and wood chips
making child friendly areas potentially harmful. Additionally, the
removal of trees along the New York State Thruway and Sprain Brook
Parkway has caused an increase in noise and artificial light entering
homes throughout the affected residential areas.

According to members of local environmental conservation groups, the
trees in many of these affected areas served as protections to
residents from natural processes such as flooding and erosion, which
can lead to property damage and personal injury. Several homes have
already experienced some of these results as water has run into
basements and increased wind speeds have caused damage to several
houses.

LEGISLATIVE HISTORY:
New Bill- 2010

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This bill will take effect immediately.

2009-S7962A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7962--A

                            I N  S E N A T E

                              May 27, 2010
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Local  Government
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the general municipal law, in relation to requiring  any
  utility company involved in a vegetation management plan to give prior
  notice to the local legislative body and the residents of the affected
  community and to hold a public meeting prior to implementation of such
  plan

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 96-b of the general municipal  law  is  amended  by
adding a new subdivision 3 to read as follows:
  3.  A.  ANY  UTILITY  COMPANY INVOLVED IN A VEGETATION MANAGEMENT PLAN
THAT SPECIFICALLY INCLUDES THE CUTTING OF TREES  IN  ANY  COUNTY,  CITY,
TOWN OR VILLAGE SHALL GIVE SIXTY DAYS NOTICE PRIOR TO THE IMPLEMENTATION
OF  SUCH ACTIVITY TO THE RESIDENTS OF THE COMMUNITY AFFECTED THEREBY. NO
SUCH ACTIVITY SHALL BE COMMENCED UNTIL AFTER SUCH  UTILITY  COMPANY  HAS
HELD A PUBLIC MEETING IN RELATION THERETO AT LEAST THIRTY DAYS PRIOR, AT
WHICH  THE  LOCAL  LEGISLATIVE  BODY  AND THE RESIDENTS OF SUCH AFFECTED
COMMUNITY SHALL BE PROVIDED WITH THE DETAILS OF SUCH TRIMMING,  CUTTING,
AND/OR VEGETATION MANAGEMENT PLAN AND WITH AN OPPORTUNITY TO BE HEARD ON
SUCH MATTERS.
  B.  IN  THE  EVENT  OF AN EMERGENCY SITUATION DEEMED TO BE A THREAT TO
PUBLIC SAFETY AND WELFARE, SUCH UTILITY COMPANY SHALL NOT BE REQUIRED TO
GIVE NOTICE OR TO HOLD A PUBLIC MEETING PRIOR TO THE  IMPLEMENTATION  OF
SUCH A VEGETATION MANAGEMENT PLAN.
  C.  ANY  UTILITY  COMPANY THAT VIOLATES THE PROVISIONS OF THIS SECTION
SHALL BE LIABLE TO A CIVIL PENALTY WHICH SHALL RESULT IN A FINE OF UP TO
FIVE THOUSAND DOLLARS FOR A FIRST TIME VIOLATION AND UP TO TEN  THOUSAND
DOLLARS  FOR  TWO OR MORE VIOLATIONS INCURRED WITHIN A FIVE YEAR PERIOD.
SUCH MONEYS COLLECTED PURSUANT TO THIS PARAGRAPH SHALL BE DEPOSITED INTO
AN ACCOUNT MAINTAINED BY THE LOCAL  LEGISLATIVE  BODY  OF  THE  AFFECTED
LOCALITY.  SUCH  LOCAL LEGISLATIVE BODY SHALL ESTABLISH SUCH ACCOUNT, TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD17542-04-0

S. 7962--A                          2

BE KNOWN AS THE TREE CONSERVATION FUND, FOR  THE  RECEIPT  OF  ALL  SUCH
MONEYS, AND SAID MONEYS SHALL BE UTILIZED BY SUCH LOCAL LEGISLATIVE BODY
EXCLUSIVELY  TO  DEVELOP,  IMPLEMENT  AND/OR  MAINTAIN TREE CONSERVATION
PROJECTS WITHIN THE AFFECTED LOCALITY.
  S 2. This act shall take effect immediately.

co-Sponsors

2009-S7962B - Details

See Assembly Version of this Bill:: A11529
Current Committee:: Assembly Local Governments
Law Section:: General Municipal Law
Laws Affected:: Amd §96-b, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:: S1632, A2435

2009-S7962B - Summary

2009-S7962B - Sponsor Memo

                                BILL NUMBER:S7962B

TITLE OF BILL:
An act to amend the general municipal law, in relation to requiring any
utility company involved in a vegetation management plan to give prior
notice to the local legislative body and the residents of the affected
community and to hold a public meeting prior to implementation of such
plan

SUMMARY OF PROVISIONS:
Section 1 of the bill amends the general municipal law by adding a new
subdivision 3 to empower the local legislative body of any county, city,
town or village to enact a local law, rule or regulation to require any
utility company involved in a vegetation management plan that specif-
ically includes the trimming or cutting of trees and/or the elimination
of overgrown vegetation in any county, city, town or village shall give
60 days notice prior to such activity to the community affected thereby.
The involved utility company shall hold a public meeting within the
affected community at least 30 days prior to the implementation of such
plan or activity, providing the residents of such community with the
details of such trimming, cutting, and/or vegetation management plan,
and providing residents with an opportunity to be heard with respect to
such plan.

The legislation also allows for a utility company to not notify or hold
public healing in case of an emergency situation deemed to be a threat

to public safety and welfare.

The legislation also sets forth penalties if any utility fails to notify
and/or hold public healing will be subject to a civil penalty which will
result in a fine up to $5,000 for the first violation and up to $10,000
for two or more violations within a five year period.

This Section also states that these provisions shall not apply to any
utility company that operates an interstate natural gas pipeline that is
subject to the jurisdiction of the federal energy regulatory commission.

Section 2 is the immediate effective date.

JUSTIFICATION:
Consistently for several years, Consolidated Edison, a utility regulated
by the State's Public Service Department, as well as other utility
companies in New York State, has repeatedly entered the process of what
they deem to be necessary tree removal due to the proximity of overgrown
trees near power lines in residential areas of Westchester County.
However, many of the residents in communities of Yonkers, Greenburgh and
Mt.  Pleasant, as well as many others state wide, have been dissatisfied
with the process from its incipiency. Many argued that far too many
trees were removed yielding various consequences that could have been
avoided had there been a mechanism for public input especially regarding
site selection and the extent of the trimming.

These consequences include the creation of naked areas that leave sudden
drop offs as well as the spread of branches and wood chips making child
friendly areas potentially harmful. Additionally, the removal of trees
along the New York State Thruway and Sprain Brook Parkway has caused an
increase in noise and artificial light entering homes throughout the
affected residential areas.

According to members of local environmental conservation groups, the
trees in many of these affected areas served as protections to residents
from natural processes such as flooding and erosion, which can lead to
property damage and personal injury. Several homes have already experi-
enced some of these results as water has run into basements and
increased wind speeds have caused damage to several houses.

LEGISLATIVE HISTORY:
New Bill- 2010

FISCAL IMPLICATIONS:
None to the State

EFFECTIVE DATE:
This bill will take effect immediately.

2009-S7962B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7962--B
    Cal. No. 929

                            I N  S E N A T E

                              May 27, 2010
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Local  Government
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee  --  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 general municipal law, in relation to requiring any
  utility company involved in a vegetation management plan to give prior
  notice to the local legislative body and the residents of the affected
  community and to hold a public meeting prior to implementation of such
  plan

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  96-b  of the general municipal law is amended by
adding a new subdivision 3 to read as follows:
  3. THE LOCAL LEGISLATIVE BODY OF ANY COUNTY, CITY, TOWN OR VILLAGE  IS
HEREBY EMPOWERED TO ENACT A LOCAL LAW, RULE OR REGULATION CONTAINING THE
FOLLOWING PROVISIONS:
  A.  ANY  UTILITY COMPANY INVOLVED IN A VEGETATION MANAGEMENT PLAN THAT
SPECIFICALLY INCLUDES THE CUTTING, TRIMMING AND/OR REMOVAL OF  TREES  IN
ANY  COUNTY, CITY, TOWN OR VILLAGE SHALL GIVE SIXTY DAYS NOTICE PRIOR TO
THE IMPLEMENTATION OF SUCH ACTIVITY TO THE RESIDENTS  OF  THE  COMMUNITY
AFFECTED  THEREBY.  NO SUCH ACTIVITY SHALL BE COMMENCED UNTIL AFTER SUCH
UTILITY COMPANY HAS HELD A PUBLIC MEETING IN RELATION THERETO  AT  LEAST
THIRTY DAYS PRIOR, AT WHICH THE LOCAL LEGISLATIVE BODY AND THE RESIDENTS
OF  SUCH  AFFECTED  COMMUNITY SHALL BE PROVIDED WITH THE DETAILS OF SUCH
TRIMMING, CUTTING, REMOVAL AND/OR VEGETATION MANAGEMENT PLAN AND WITH AN
OPPORTUNITY TO BE HEARD ON SUCH MATTERS;
  B. IN THE EVENT OF AN EMERGENCY SITUATION DEEMED TO  BE  A  THREAT  TO
PUBLIC SAFETY AND WELFARE, SUCH UTILITY COMPANY SHALL NOT BE REQUIRED TO
GIVE  NOTICE  OR TO HOLD A PUBLIC MEETING PRIOR TO THE IMPLEMENTATION OF
SUCH A VEGETATION MANAGEMENT PLAN; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD17542-08-0

S. 7962--B                          2

  C. ANY UTILITY COMPANY THAT VIOLATES THE PROVISIONS  OF  THIS  SECTION
SHALL BE LIABLE TO A CIVIL PENALTY WHICH SHALL RESULT IN A FINE OF UP TO
FIVE  THOUSAND DOLLARS FOR A FIRST TIME VIOLATION AND UP TO TEN THOUSAND
DOLLARS FOR TWO OR MORE VIOLATIONS INCURRED WITHIN A FIVE  YEAR  PERIOD.
SUCH MONEYS COLLECTED PURSUANT TO THIS PARAGRAPH SHALL BE DEPOSITED INTO
AN  ACCOUNT  MAINTAINED  BY  THE  LOCAL LEGISLATIVE BODY OF THE AFFECTED
LOCALITY. SUCH LOCAL LEGISLATIVE BODY SHALL ESTABLISH SUCH  ACCOUNT,  TO
BE  KNOWN  AS  THE  TREE  CONSERVATION FUND, FOR THE RECEIPT OF ALL SUCH
MONEYS, AND SAID MONEYS SHALL BE UTILIZED BY SUCH LOCAL LEGISLATIVE BODY
EXCLUSIVELY TO DEVELOP,  IMPLEMENT  AND/OR  MAINTAIN  TREE  CONSERVATION
PROJECTS WITHIN THE AFFECTED LOCALITY.
  D.  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO ANY UTILITY
COMPANY THAT OPERATES AN INTERSTATE NATURAL GAS PIPELINE THAT IS SUBJECT
TO THE JURISDICTION OF THE FEDERAL ENERGY REGULATORY COMMISSION.
  S 2. This act shall take effect immediately.

co-Sponsors

2009-S7962C (ACTIVE) - Details

See Assembly Version of this Bill:: A11529
Current Committee:: Assembly Local Governments
Law Section:: General Municipal Law
Laws Affected:: Amd §96-b, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:: S1632, A2435

2009-S7962C (ACTIVE) - Summary

2009-S7962C (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7962C

TITLE OF BILL:
An act to amend the general municipal law, in relation to authorizing
the local legislative body of a municipality located in the county of
Westchester to require any utility company involved in a vegetation
management plan to give prior notice to the local legislative body and
the residents of the affected community and to hold a public meeting
prior to implementation of such plan

SUMMARY OF PROVISIONS:
Section 1 of the bill amends the general municipal law by adding a new
subdivision 3 to empower the local legislative body of any county,
city, town or village within the County of Westchester to enact a
local law, rule or regulation to require any utility company involved
in a vegetation management plan that specifically includes the
trimming or cutting of trees and/or the elimination of overgrown
vegetation in any county, city, town or village shall give 60 days'
notice prior to such activity to the community affected thereby. The
involved utility company shall hold a public meeting within the
affected community at least 30 days prior to the implementation of
such plan or activity, providing the residents of such community with
the details of such trimming, cutting, and/or vegetation management
plan, and providing residents with an opportunity to be heard with
respect to such plan.

The legislation also allows for a utility company to not notify or
hold public hearing in case of an emergency situation deemed to be a
threat to public safety and welfare.

The legislation also sets forth penalties if any utility fails to
notify and/or hold public hearing will be subject to a civil penalty
which will result in a fine up to $5,000 for the first violation and
up to $10,000 for two or more violations within a five year period.

This Section also states that these provisions shall not apply to any
utility company that operates an interstate natural gas pipeline that
is subject to the jurisdiction of the federal energy regulatory
commission.

Section 2 is the immediate effective date.

JUSTIFICATION:
Consistently for several years, Consolidated Edison, a utility
regulated by the State's Public Service Department, as well as other
utility companies in New York State, has repeatedly entered the
process of what they deem to be necessary tree removal due to the
proximity of overgrown trees near power lines in residential areas of
Westchester County. However, many of the residents in communities of
Yonkers, Greenburgh and Mt.  Pleasant, as well as many others, have
been dissatisfied with the process from its incipiency. Many argued
that far too many trees were removed yielding various consequences
that could have been avoided had there been a mechanism for public
input especially regarding site selection and the extent of the
trimming.


These consequences include the creation of naked areas that leave
sudden drop offs as well as the spread of branches and wood chips
making child friendly areas potentially harmful. Additionally, the
removal of trees along the New York State Thruway and Sprain Brook
Parkway has caused an increase in noise and artificial light entering
homes throughout the affected residential areas.

According to members of local environmental conservation groups, the
trees in many of these affected areas served as protections to
residents from natural processes such as flooding and erosion, which
can lead to property damage and personal injury. Several homes have
already experienced some of these results as water has run into
basements and increased wind speeds have caused damage to several
houses.

LEGISLATIVE HISTORY:
New Bill - 2010

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This bill will take effect immediately.

2009-S7962C (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7962--C
    Cal. No. 929

                            I N  S E N A T E

                              May 27, 2010
                               ___________

Introduced  by  Sens.  STEWART-COUSINS,  OPPENHEIMER  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Local  Government  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to  said  committee  --  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 general municipal law, in  relation  to  authorizing
  the  local legislative body of a municipality located in the county of
  Westchester to require any utility company involved  in  a  vegetation
  management plan to give prior notice to the local legislative body and
  the  residents  of the affected community and to hold a public meeting
  prior to implementation of such plan

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  96-b  of the general municipal law is amended by
adding a new subdivision 3 to read as follows:
  3. THE LOCAL LEGISLATIVE BODY OF ANY COUNTY,  CITY,  TOWN  OR  VILLAGE
LOCATED  IN  THE  COUNTY  OF  WESTCHESTER IS HEREBY EMPOWERED TO ENACT A
LOCAL LAW, RULE OR REGULATION CONTAINING THE FOLLOWING PROVISIONS:
  A. ANY UTILITY COMPANY INVOLVED IN A VEGETATION MANAGEMENT  PLAN  THAT
SPECIFICALLY  INCLUDES  THE CUTTING, TRIMMING AND/OR REMOVAL OF TREES IN
ANY COUNTY, CITY, TOWN OR VILLAGE SHALL GIVE SIXTY DAYS NOTICE PRIOR  TO
THE  IMPLEMENTATION  OF  SUCH ACTIVITY TO THE RESIDENTS OF THE COMMUNITY
AFFECTED THEREBY. NO SUCH ACTIVITY SHALL BE COMMENCED UNTIL  AFTER  SUCH
UTILITY  COMPANY  HAS HELD A PUBLIC MEETING IN RELATION THERETO AT LEAST
THIRTY DAYS PRIOR, AT WHICH THE LOCAL LEGISLATIVE BODY AND THE RESIDENTS
OF SUCH AFFECTED COMMUNITY SHALL BE PROVIDED WITH THE  DETAILS  OF  SUCH
TRIMMING, CUTTING, REMOVAL AND/OR VEGETATION MANAGEMENT PLAN AND WITH AN
OPPORTUNITY TO BE HEARD ON SUCH MATTERS;
  B.  IN  THE  EVENT  OF AN EMERGENCY SITUATION DEEMED TO BE A THREAT TO
PUBLIC SAFETY AND WELFARE, SUCH UTILITY COMPANY SHALL NOT BE REQUIRED TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD17542-11-0

S. 7962--C                          2

GIVE NOTICE OR TO HOLD A PUBLIC MEETING PRIOR TO THE  IMPLEMENTATION  OF
SUCH A VEGETATION MANAGEMENT PLAN; AND
  C.  ANY  UTILITY  COMPANY THAT VIOLATES THE PROVISIONS OF THIS SECTION
SHALL BE LIABLE TO A CIVIL PENALTY WHICH SHALL RESULT IN A FINE OF UP TO
FIVE THOUSAND DOLLARS FOR A FIRST TIME VIOLATION AND UP TO TEN  THOUSAND
DOLLARS  FOR  TWO OR MORE VIOLATIONS INCURRED WITHIN A FIVE YEAR PERIOD.
SUCH MONEYS COLLECTED PURSUANT TO THIS PARAGRAPH SHALL BE DEPOSITED INTO
AN ACCOUNT MAINTAINED BY THE LOCAL  LEGISLATIVE  BODY  OF  THE  AFFECTED
LOCALITY.  SUCH  LOCAL LEGISLATIVE BODY SHALL ESTABLISH SUCH ACCOUNT, TO
BE KNOWN AS THE TREE CONSERVATION FUND, FOR  THE  RECEIPT  OF  ALL  SUCH
MONEYS, AND SAID MONEYS SHALL BE UTILIZED BY SUCH LOCAL LEGISLATIVE BODY
EXCLUSIVELY  TO  DEVELOP,  IMPLEMENT  AND/OR  MAINTAIN TREE CONSERVATION
PROJECTS WITHIN THE AFFECTED LOCALITY.
  D. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO  ANY  UTILITY
COMPANY THAT OPERATES AN INTERSTATE NATURAL GAS PIPELINE THAT IS SUBJECT
TO THE JURISDICTION OF THE FEDERAL ENERGY REGULATORY COMMISSION.
  S 2. This act shall take effect immediately.

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Senate Bill S7962C

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Archive: Last Bill Status - In Assembly Committee

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Votes

Jun 29, 2010 - Floor Vote

Floor Vote: Jun 29, 2010

Jun 9, 2010 - Local Government Committee Vote

Local Government Committee Vote: Jun 9, 2010

Bill Amendments

2009-S7962 - Details

2009-S7962 - Summary

2009-S7962 - Sponsor Memo

2009-S7962 - Bill Text download pdf

2009-S7962A - Details

2009-S7962A - Summary

2009-S7962A - Sponsor Memo

2009-S7962A - Bill Text download pdf

co-Sponsors

2009-S7962B - Details

2009-S7962B - Summary

2009-S7962B - Sponsor Memo

2009-S7962B - Bill Text download pdf

co-Sponsors

2009-S7962C (ACTIVE) - Details

2009-S7962C (ACTIVE) - Summary

2009-S7962C (ACTIVE) - Sponsor Memo

2009-S7962C (ACTIVE) - Bill Text download pdf

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Sponsored By

Andrea Stewart-Cousins

Archive: Last Bill Status - In Assembly Committee

Actions

Votes

Bill Amendments

2009-S7962 - Details

2009-S7962 - Summary

2009-S7962 - Sponsor Memo

2009-S7962 - Bill Text download pdf

2009-S7962A - Details

2009-S7962A - Summary

2009-S7962A - Sponsor Memo

2009-S7962A - Bill Text download pdf

co-Sponsors

Suzi Oppenheimer

2009-S7962B - Details

2009-S7962B - Summary

2009-S7962B - Sponsor Memo

2009-S7962B - Bill Text download pdf

co-Sponsors

Suzi Oppenheimer

2009-S7962C (ACTIVE) - Details

2009-S7962C (ACTIVE) - Summary

2009-S7962C (ACTIVE) - Sponsor Memo

2009-S7962C (ACTIVE) - Bill Text download pdf

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