S T A T E O F N E W Y O R K
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2435
2011-2012 Regular Sessions
I N A S S E M B L Y
January 18, 2011
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Introduced by M. of A. SPANO, PRETLOW, GALEF, LATIMER, PAULIN, CASTELLI
-- read once and referred to the Committee on Local Governments
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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04599-01-1
A. 2435 2
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.