Assembly Bill A11132

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

                                  11132

                          I N  A S S E M B L Y

                              May 19, 2010
                               ___________

Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
  tee on Energy

AN  ACT  to amend the public service law, in relation to authorizing the
  county of Westchester and its municipal subdivisions  to  enact  local
  laws  regulating  tree  cutting, topping and removal along electricity
  distribution lines which are more restrictive than state law or  regu-
  lation

  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
77-a to read as follows:
  S  77-A.  TREE CUTTING, TOPPING AND REMOVAL ALONG ELECTRICITY DISTRIB-
UTION LINES IN THE COUNTY OF WESTCHESTER. 1. LEGISLATIVE  FINDINGS.  THE
LEGISLATURE  HEREBY  RECOGNIZES  THE  NEED  FOR THE RELIABLE DELIVERY OF
ELECTRIC POWER TO THE RESIDENTS AND BUSINESSES  OF  WESTCHESTER  COUNTY.
TREES  AND  TREE  LIMBS,  IF  NOT PROPERLY MAINTAINED, MAY ENDANGER SUCH
RELIABLE DELIVERY OF ELECTRIC POWER,  THUS  MAKING  THE  CUTTING  AND/OR
REMOVAL OF TREES A NECESSITY.
  HOWEVER,  THE  LEGISLATURE  ALSO RECOGNIZES THAT TREES PROVIDE VARIOUS
BENEFITS TO THE PEOPLE OF THE STATE,  INCLUDING  PREVENTION  OF  FLOODS,
PURIFICATION  OF  WATER,  REDUCTION  OF  SOIL EROSION, REMOVAL OF CARBON
DIOXIDE FROM THE AIR, PROTECTION FROM THE ELEMENTS, AND  ENHANCEMENT  OF
COMMUNITY CHARACTER AND INDIVIDUAL PROPERTY VALUES.
  2. LOCAL LAWS AUTHORIZED.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
RULE  OR  REGULATION  TO THE CONTRARY, THE COUNTY OF WESTCHESTER, AND/OR
THE MUNICIPAL CORPORATIONS AND SUBDIVISIONS OF THE COUNTY  OF  WESTCHES-
TER,  SHALL  BE AUTHORIZED TO ADOPT LOCAL LAWS, WHICH ARE MORE STRINGENT
OR RESTRICTIVE THAN STATE LAW, RULE  OR  REGULATION,  TO  REGULATE  TREE
CUTTING, TOPPING, AND REMOVAL ALONG ELECTRICITY DISTRIBUTION, SERVICE OR
TRANSMISSION LINES.  SUCH RULES AND REGULATIONS, TO THE EXTENT PRACTICA-
BLE,  SHALL  REFLECT THE MOST RECENT EDITION OF PART ONE OF THE AMERICAN
NATIONAL STANDARDS INSTITUTE A-300 STANDARDS FOR TREE  CARE  OPERATIONS,
"TREE,  SHRUB,  AND  OTHER  WOODY PLANT MAINTENANCE - STANDARD PRACTICES
(PRUNING)". THE PROVISIONS OF  THIS  SECTION  SHALL  NOT  BE  DEEMED  TO

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

                                                           LBD17136-01-0

A. 11132                            2

PROHIBIT ANY ELECTRIC CORPORATION OR MUNICIPALITY FROM CUTTING, PRUNING,
TOPPING  OR  REMOVING  ANY TREE THAT HAS FALLEN ON A SERVICE OR DISTRIB-
UTION LINE, OR IS IN IMMINENT DANGER OF DOING SO.
  3.  DEFINITIONS.  FOR  THE PURPOSES OF THIS SECTION: (A) "DISTRIBUTION
LINE" MEANS ANY ELECTRIC LINE WHICH DISTRIBUTES OR WHICH IS INTENDED  TO
DISTRIBUTE  ELECTRIC  POWER TO ONE OR MORE RESIDENTIAL AND/OR COMMERCIAL
CUSTOMERS;
  (B) "SERVICE OR TRANSMISSION LINE" MEANS  AN  ELECTRIC  LINE  USED  TO
CONNECT  A  DISTRIBUTION LINE TO AN INDIVIDUAL CUSTOMER'S METER OR OTHER
POINT OF ATTACHMENT;
  (C) "RIGHT OF WAY" MEANS AN EASEMENT OR OTHER RIGHT OF WAY GRANTED  TO
AN  ELECTRIC CORPORATION OR MUNICIPALITY UPON WHICH A DISTRIBUTION LINE,
SERVICE OR TRANSMISSION LINE IS SITUATE;
  (D) "TREE" MEANS ANY SELF-SUPPORTING WOODY PLANT  OF  A  SPECIES  THAT
GROWS  AT  MATURITY  TO AN OVERALL HEIGHT OF NOT LESS THAN TEN FEET, AND
HAS A SINGLE TRUNK OR MULTIPLE TRUNKS WHICH IN  THE  AGGREGATE  ARE  NOT
LESS  THAN  SIX  INCHES  IN DIAMETER, AS MEASURED FOUR AND ONE-HALF FEET
ABOVE THE GROUND;
  (E) "CUT" OR "CUTTING" MEANS REMOVAL OF ANY PART OF A TREE;
  (F) "TOPPING" MEANS THE CUTTING OF MOST OF THE CANOPY OF  A  TREE  FOR
THE PURPOSE OF PRODUCING BRANCH STUBS;
  (G)  "PRUNING"  MEANS  THE  SELECTIVE  CUTTING  OF  TREE PARTS TO MEET
SPECIFIC GOALS AND OBJECTIVES.
  4. TREE PLANTINGS. (A) IF REQUESTED BY THE GRANTOR OF A RIGHT  OF  WAY
OR  HIS  OR  HER SUCCESSOR IN INTEREST TO THE APPROPRIATE CITY, TOWN, OR
VILLAGE IN THE COUNTY OF WESTCHESTER, AN ELECTRIC CORPORATION OR MUNICI-
PALITY SHALL PLANT A REPLACEMENT TREE FOR  EACH  TREE  THAT  IT  REMOVED
WITHIN A RIGHT OF WAY.
  (B)  EACH  REPLACEMENT TREE SHALL BE PLANTED IN CLOSE PROXIMITY TO THE
TREE IT REPLACES AND SHALL BE A NATIVE TREE TO THE COUNTY  OF  WESTCHES-
TER,  AS  DETERMINED  BY  THE DEPARTMENT OF AGRICULTURE AND MARKETS. ALL
OTHER TERMS AND CONDITIONS OF THE PLANTING OF A REPLACEMENT  TREE  SHALL
BE  AGREED  UPON  IN WRITING BY THE ELECTRIC CORPORATION OR MUNICIPALITY
AND THE PERSON OR ENTITY REQUESTING SUCH PLANTINGS; PROVIDED, THAT IF NO
SUCH AGREEMENT IS REACHED, UPON SUCH TERMS AND CONDITIONS  AS  SHALL  BE
DETERMINED BY THE COMMISSION.
  (C)  IN  ANY  INSTANCE IN WHICH THE OWNER OF A RIGHT OF WAY, OR HIS OR
HER SUCCESSOR IN INTEREST, FAILS TO REQUEST THE PLANTING OF  A  REPLACE-
MENT  TREE,  THE  COMMISSION  SHALL  REQUIRE THE ELECTRIC CORPORATION OR
MUNICIPALITY TO:
  (1) TAKE SUCH ACTION AS IS NECESSARY TO INSURE AGAINST  ADVERSE  ENVI-
RONMENTAL  EFFECTS,  INCLUDING SOIL EROSION AND DRAINAGE IN THE VICINITY
OF THE REMOVED TREE; OR
  (2) CONTRIBUTE A SUM OF MONEY FOR USE BY THE COUNTY OF WESTCHESTER  OR
THE APPROPRIATE CITY, TOWN, OR VILLAGE, FOR THE PLANTING OF TREES.
  S 2. This act shall take effect immediately.