senate Bill S4377A

Signed By Governor
2011-2012 Legislative Session

Authorizes the removal of reeds by the owners of residential real property in high risk brush fire areas in the borough of Staten Island

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Archive: Last Bill Status Via A7463 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 03, 2011 signed chap.306
Jul 22, 2011 delivered to governor
Jun 16, 2011 returned to assembly
passed senate
3rd reading cal.315
substituted for s4377a
Jun 16, 2011 substituted by a7463a
Jun 13, 2011 amended on third reading (t) 4377a
Jun 13, 2011 vote reconsidered - restored to third reading
Jun 10, 2011 returned to senate
recalled from assembly
May 04, 2011 referred to cities
delivered to assembly
passed senate
Apr 11, 2011 advanced to third reading
Apr 06, 2011 2nd report cal.
Apr 05, 2011 1st report cal.315
Mar 31, 2011 referred to cities

Votes

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Apr 5, 2011 - Cities committee Vote

S4377
5
0
committee
5
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Committee Vote: Apr 5, 2011

aye wr (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

S4377 - Bill Details

See Assembly Version of this Bill:
A7463A
Law Section:
Real Property

S4377 - Bill Texts

view summary

Authorizes the unfettered removal of reeds (Phragmites communis) by the owner of residential real property in a city having a population of one million or more.

view sponsor memo
BILL NUMBER:S4377 REVISED 03/31/11

TITLE OF BILL:
An act
to amend the general city law and the
environmental conservation law, in relation to authorizing
owners of residential real property in cities having a population of one
million or more
to cut and remove reeds from their
property

PURPOSE:
To authorize the unfettered removal of reeds by an owner of
residential real property in the City of New York.

SUMMARY OF PROVISION:
Section one amends the general city law by adding a new section 19-a.

Section two amends section 9-1503 of the environmental conservation
law by adding a new subdivision 5.

Section three amends section 24-0701 of the environmental conservation
law by adding a new subdivision 4-a.

JUSTIFICATION:
Every year on Staten Island there are series of dangerous brushfires.
Many areas on Staten Island are prone to brushfires because they are
thick with an invasive, non-native species of weed -- phragmites.
Phragmites are reedy and combustible plants that commonly grow seven
feet tall and often turn into tinderboxes especially during the
spring and fall seasons. They have been the proven source of numerous
brush fires which often escalate and threaten surrounding properties.
Currently a landowner in the City of New York must apply for a permit
to cut down these weeds. This bill allows private homeowners in the
City of New York to cut and remove from their private property
without a permit from the Department of Environmental Conservation.
This bill would allow New York City's private homeowners, without
government intervention, the ability to remove these invasive and
combustible weeds which cause dangerous brush fires, damaging homes
and threatening human life.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATION:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  4377

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 31, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the general city law and the environmental  conservation
  law, in relation to authorizing owners of residential real property in
  cities  having  a  population of one million or more to cut and remove
  reeds from their property

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

  Section  1.    The general city law is amended by adding a new section
19-a to read as follows:
  S 19-A. REGULATION OF THE REMOVAL OF REEDS (PHRAGMITES  COMMUNIS).  NO
PROVISION  OF  LAW  SHALL BE DEEMED TO AUTHORIZE ANY CITY HAVING A POPU-
LATION OF ONE MILLION OR  MORE  TO  REGULATE  THE  CUTTING,  PULLING  OR
DIGGING  UP  FOR THE PURPOSE OF REMOVAL, OR CAUSING TO BE SO REMOVED, BY
THE OWNER OF RESIDENTIAL REAL PROPERTY IN SUCH CITY,  ANY  REED  (PHRAG-
MITES COMMUNIS) GROWING ON SUCH REAL PROPERTY.
  S  2.  Section 9-1503 of the environmental conservation law is amended
by adding a new subdivision 5 to read as follows:
  5. NO PROVISION OF THIS TITLE SHALL BE DEEMED TO PROHIBIT OR AUTHORIZE
THE DEPARTMENT TO REGULATE THE CUTTING, PULLING OR DIGGING  UP  FOR  THE
PURPOSE  OF  REMOVAL, OR CAUSING TO BE SO REMOVED, BY THE OWNER OF RESI-
DENTIAL REAL PROPERTY IN A CITY HAVING A POPULATION OF  ONE  MILLION  OR
MORE, ANY REED (PHRAGMITES COMMUNIS) GROWING ON SUCH REAL PROPERTY.
  S  3. Section 24-0701 of the environmental conservation law is amended
by adding a new subdivision 4-a to read as follows:
  4-A. THE CUTTING, PULLING AND DIGGING UP FOR THE PURPOSE  OF  REMOVAL,
OR  CAUSING  TO  BE  SO  REMOVED, OF ANY REED (PHRAGMITES COMMUNIS) FROM
FRESHWATER WETLANDS UPON RESIDENTIAL REAL PROPERTY IN A  CITY  HAVING  A
POPULATION  OF  ONE MILLION OR MORE, BY THE OWNER OF SUCH PROPERTY SHALL
BE EXCLUDED FROM REGULATED ACTIVITIES AND SHALL  NOT  REQUIRE  A  PERMIT
PURSUANT TO SUBDIVISION ONE OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10621-01-1

S. 4377                             2

  S 3. This act shall take effect immediately.

Co-Sponsors

S4377A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7463A
Law Section:
Real Property

S4377A (ACTIVE) - Bill Texts

view summary

Authorizes the unfettered removal of reeds (Phragmites communis) by the owner of residential real property in a city having a population of one million or more.

view sponsor memo
BILL NUMBER:S4377A

TITLE OF BILL:
An act
to authorize
owners of residential real property in
high risk brush fire areas in the borough of Staten Island
to cut and remove reeds from their
property;
and providing for the repeal of such provisions upon expiration
thereof

PURPOSE OR GENERAL IDEA OF BILL:
To establish a general residential
fire break permit for the borough of Staten Island, city of New York
to allow the Owner of residential real property to cut and remove
phramites.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Provides for the Department of Environmental Conservation
to establish a residential fire break permit for the borough of
Staten Island.

Section 2. Provides for the Department of Environmental Conservation
to post information on its website regarding the availability of the
fire break permits.

Section 3. Effective date.

JUSTIFICATION:
Every year on Staten Island there are series of
dangerous brushfires. Many areas on Staten Island are prone to
brushfires because they are thick with an invasive, non-native species
of weed - phragmites communis. Phragmites are reeds and combustible
plants that commonly grow seven feet tall and often turn into
tinderboxes especially during the spring and fall seasons. They have
been the proven source of numerous brush fires which often escalate
and threaten surrounding properties. In fact, in the past 14 years
there have been 7,389 reported brush fires on Staten Island with 192
of them "all hands on" requiring all fire houses on the Island to
send assistance, according to information provided by the New York
City Fire Department.

This legislation allows a residential property owner in a high risk
brush fire area in the borough of Staten Island to obtain a no-cost
permit to cut down these invasive combustible reeds thereby reducing
the life-threatening pharagmite fires that not only destroy property
and homes but put our first responders at risk as they battle these
blazes.

The no-cost permits can be obtained via telephone or in person through
the Staten Island borough president's office. Furthermore,
information regarding the availability of the residential fire break
permits can be found on the Department of Environmental Conservation
website.


PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately and shall
expire and be deemed repealed December 31, 2012.

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

                                 4377--A
    Cal. No. 315

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 31, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities -- reported favora-
  bly from said committee, ordered to first and second  report,  ordered
  to  a  third  reading, passed by Senate and delivered to the Assembly,
  recalled, vote reconsidered, restored to third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

AN  ACT  to  authorize  owners of residential real property in high risk
  brush fire areas in the borough of Staten Island  to  cut  and  remove
  reeds  from  their  property;  and  providing  for  the repeal of such
  provisions upon expiration thereof

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

  Section  1.  The department of environmental conservation shall estab-
lish a general residential fire break permit for the borough  of  Staten
Island,  city  of  New  York. Such no-cost permit shall be issued to the
Staten Island borough president's office for the purpose of  authorizing
residential  property  owners,  in areas designated by the department as
high risk brush fire areas, to cut and  remove  phragmites  communis  in
order to establish a firebreak of up to 50 feet from their property line
but  no further than 100 feet from their homes. In order to receive such
authorization, residential property owners, in areas designated  by  the
department  as  high  risk brush fire areas, shall submit their name and
address to the Staten Island borough president's office. Such submission
shall be via telephone or in person provided; however, if authorized  by
the  borough  president, such submission may be made via a website main-
tained by the borough president. Any  approval  issued  by  the  borough
president  shall  be  conditioned  on  the eligible residential property
owner's agreement that they shall only use such authorization to  remove
phragmites communis and that any equipment utilized to remove the phrag-
mites  communis  must  have  a ground pressure of four pounds per square
inch or less.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10621-05-1

S. 4377--A                          2

  S 2. The department of environmental conservation shall post  informa-
tion  regarding  the  availability of the Staten Island residential fire
break permit on its website, including a link to a website maintained by
the borough president, if available.
  S  3.  This  act shall take effect immediately and shall expire and be
deemed repealed December 31, 2012.

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