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

download bill text pdf

Sponsored By

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

view actions (18)
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

view votes

Apr 5, 2011 - Cities committee Vote

S4377
5
0
committee
5
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 5, 2011

aye wr (1)

S4377 - Details

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

S4377 - 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.

S4377 - Sponsor Memo

S4377 - Bill Text download pdf

                    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

Co-Sponsors

S4377A (ACTIVE) - Details

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

S4377A (ACTIVE) - 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.

S4377A (ACTIVE) - Sponsor Memo

S4377A (ACTIVE) - Bill Text download pdf

                    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.

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