Directs public service commission to require utilities involved in vegetation management program to give 60 days notice prior to such activity and to hold public hearings in affected communities 30 days prior to such activity in order to provide residents with the details of such plan and to allow them an opportunity to be heard, except when tree cutting or trimming is result of an emergency.
BILL NUMBER:A10003
TITLE OF BILL: An act to amend the public service law, in relation to
directing the public service commission to require any utility company
involved in a vegetation management plan to give prior notification and
to hold a public hearing in affected communities
SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends the public
service law by adding a new section 66-m 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 to give
60 days notice prior to such activity to the community affected thereby.
The involved utility company shall hold a public hearing 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 prox-
imity of overgrown trees near power lines in residential areas of West-
chester County. However, many of the residents in communities of Yonk-
ers, Greenburgh and Mt. Pleasant, as well as many others state wide,
S T A T E O F N E W Y O R K
________________________________________________________________________
10003
I N A S S E M B L Y
February 24, 2010
___________
Introduced by M. of A. BRODSKY -- read once and referred to the Commit-
tee on Energy
AN ACT to amend the public service law, in relation to directing the
public service commission to require any utility company involved in a
vegetation management plan to give prior notification and to hold a
public hearing in affected communities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public service law is amended by adding a new section
66-m to read as follows:
S 66-M. NOTIFICATION AND PUBLIC HEARING; VEGETATION MANAGEMENT PLAN
AND TREE TRIMMING. 1. REQUIREMENT. THE COMMISSION SHALL 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 TO GIVE SIXTY DAYS NOTICE PRIOR TO THE IMPLEMENTATION OF SUCH
ACTIVITY TO THE RESIDENTS OF THE COMMUNITY AFFECTED THEREBY. SUCH UTILI-
TY COMPANY SHALL HOLD A PUBLIC HEARING WITHIN THE AFFECTED COMMUNITY AT
LEAST THIRTY DAYS PRIOR TO THE IMPLEMENTATION OF SUCH PLAN OR ACTIVITY,
PROVIDING THE RESIDENTS OF SUCH COMMUNITY WITH THE DETAILS OF SUCH TRIM-
MING, CUTTING, AND/OR VEGETATION MANAGEMENT PLAN, AND PROVIDING SUCH
RESIDENTS WITH AN OPPORTUNITY TO BE HEARD WITH RESPECT TO SUCH PLAN.
2. EXCEPTION. IN THE EVENT OF AN EMERGENCY, SUCH UTILITY COMPANY SHALL
NOT BE REQUIRED TO GIVE NOTICE OR TO HOLD A PUBLIC HEARING PRIOR TO THE
IMPLEMENTATION 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.
LBD15490-02-0
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