NY State Senate Bill 2013-S5912A

Senate Bill S5912A

2013-2014 Legislative Session

Requires municipal and government agencies to abstain from disposing and destroying of public trees and tree parts that are involved in property damage, personal injury or death to persons

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to cities
Nov 18, 2013	print number 5912a
Nov 18, 2013	amend and recommit to rules
Jul 01, 2013	referred to rules

Bill Amendments

Original

A (Active)

2013-S5912 - Details

Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Add §4-209, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1028
2017-2018: S1363

2013-S5912 - Summary

Enacts "Yingyi's law"; requires municipal and government agencies, and individual members of the public to abstain from disposing and destroying of public trees, tree parts that are involved in property damage, personal injury or death to persons from trees growing within and across the public-right-of-ways, including parks and street trees; provides that trees and/or tree parts shall be inspected, analyzed and diagnosed for defects, disease and determine presumed/opinion as to the cause of failure by a full-time independent consulting arborist (CA) trained and skilled in tree diagnostic practices, lab sampling, photo documentation, forensics and legally binding report writing.

2013-S5912 - Sponsor Memo

                                BILL NUMBER:S5912

TITLE OF BILL:  An act to amend the administrative code of the city of
New York, in relation to requiring municipal and government agencies,
and individual members of the public to abstain from disposing and
destroying of public trees, tree parts that are involved in property
damage, personal injury or death to persons from trees growing within
and across the public-right-of-ways, including parks and street trees

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to ensure that the city of New York is
properly inspecting, diagnosing and analyzing public trees that cause
property damage, personal injury or death within 48 hours and make
such reports publicly available.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the administrative code of the city of New York by
adding a new section 4-209 that requires the New York City Parks and
Recreation Department and other relevant agencies:

*to contract with consulting arborists to inspect, diagnose and
analyze for defects and disease all public trees and/or tree parts
involved in property damage, personal injury or death within 48 hours
and for a report to be issued that is publicly available on-line

within 30 days of the inspection.

*All reasonable efforts are required to be made to save and preserve
the tree and/or tree part samples at the scene of the incident so that
it can be examined by the consulting arborist or a chain of custody
must be established.

*In cases of severe damage due to storms every reasonable effort must
he made to mark, label and identify the tree at the location by the
consulting arborist.

Section 2 sets forth an immediate effective date.

JUSTIFICATION:

Public properties belonging to the city of New York are home to
thousands of trees in varying states of health. The city is
responsible for maintaining these trees so that they remain healthy
and do not pose extraordinary dangers to public safety and property.

This bill is necessary to ensure that the city is engaging in proper
inspections where incidents may occur so that the public is protected
and the city can better manage its responsibility for maintaining its
tree population.

PRIOR LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS:


None to the state.

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S5912 - Bill Text download pdf

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

                                  5912

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              July 1, 2013
                               ___________

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

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to requiring municipal and government agencies, and individ-
  ual members of the public to abstain from disposing and destroying  of
  public  trees,  tree  parts  that  are  involved  in  property damage,
  personal injury or death to persons  from  trees  growing  within  and
  across the public-right-of-ways, including parks and street trees

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

  Section 1. The administrative code of the city of New York is  amended
by adding a new section 4-209 to read as follows:
  S  4-209 PUBLIC  TREES. 1. THE PARKS AND RECREATION DEPARTMENT AND ALL
RELEVANT AGENCIES SHALL CONTRACT WITH A FULL-TIME INDEPENDENT CONSULTING
ARBORIST TO INSPECT, DIAGNOSE AND ANALYZE FOR DEFECTS  AND  DISEASE  ALL
PUBLIC TREES, TREE PARTS INVOLVED IN PROPERTY DAMAGE, PERSONAL INJURY OR
DEATH  WITHIN FORTY-EIGHT HOURS. SUCH CONSULTING ARBORIST SHALL GENERATE
A REPORT WHICH WILL BE PUBLICLY AVAILABLE ON-LINE WITHIN THIRTY DAYS  OF
SUCH INSPECTION.
  2.  THE  CONDITION  AND CAUSE OF THE TREE FAILURE SHALL BE DOCUMENTED.
TREES AND/OR TREE PARTS SHALL BE INSPECTED, ANALYZED AND  DIAGNOSED  FOR
DEFECTS, DISEASE AND DETERMINE PRESUMED/OPINION AS TO THE CAUSE OF FAIL-
URE  BY  A  FULL-TIME  INDEPENDENT  CONSULTING ARBORIST (CA) TRAINED AND
SKILLED IN TREE DIAGNOSTIC PRACTICES, LAB SAMPLING, PHOTO DOCUMENTATION,
FORENSICS AND LEGALLY BINDING REPORT WRITING.  THE  CONSULTING  ARBORIST
WITH  THIS  SKILL  SET  SHALL  BE  A MEMBER OF THE NATIONAL ORGANIZATION
REPRESENTING THE PROFESSION-THE AMERICAN SOCIETY OF CONSULTING ARBORISTS
(ASCA) AND PREFERABLY REFERRED TO AS A REGISTERED  CONSULTING  ARBORISTS
(RCA) BY THAT ORGANIZATION.
  3.   THE   INSPECTION/SAMPLING  AND  DIAGNOSIS  MUST  BE  MADE  WITHIN
FORTY-EIGHT HOURS OF THE INCIDENT. EVERY EFFORT SHALL BE MADE TO PROVIDE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11617-01-3

S. 5912                             2

THE CONSULTING ARBORIST WITH ACCESS TO THE SPECIMEN AT THE INITIAL  SITE
OF  OCCURRENCE AND OR ANY SUBSEQUENT LOCATION THAT THE SPECIMEN HAS BEEN
MOVED TO FOR STORAGE AND PRESERVATION WITHIN THE BOROUGH  OF  OCCURRENCE
IN THE CITY OF NEW YORK.
  4.  EVERY REASONABLE EFFORT MUST BE MADE TO SAVE AND PRESERVE THE TREE
AND/OR TREE PART SAMPLE AT THE SCENE OF THE INCIDENT. IN THE EVENT  THAT
AN INDEPENDENT CONSULTING ARBORIST IS UNABLE TO VISIT THE SITE TO SECURE
THE  SPECIMEN  OR  SPECIMENS  IN A REASONABLE PERIOD OF TIME, A CHAIN OF
CUSTODY SHALL BE ESTABLISHED BY THE CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION FORESTRY AND/OR CLIMBER AND PRUNER PERSONNEL.
  5. IN THE EVENT THE TREES INHABIT PROPERTIES BELONGING TO OTHER  AGEN-
CIES SUCH AS THE BOARD OF EDUCATION, OR DCAS, MTA, STATE DOT, NYCHA ETC.
THE  CHAIN  OF  CUSTODY REVERTS TO THE INDIVIDUAL AGENCY. THE CITY SHALL
MAINTAIN A LIST OF APPROVED CONSULTING ARBORISTS, CREATED FROM THE ISSU-
ANCE OF A REQUEST FOR PROPOSALS. A REPRESENTATIVE  FROM  THE  INDIVIDUAL
AGENCIES SHALL BE DESIGNATED TO CALL THE APPROVED ARBORISTS.
  6.  RESULTS  ON  THE FINDINGS ABOUT THE CONDITION OF TREES AND/OR TREE
LIMBS INVOLVED IN PERSONAL INJURIES AND PROPERTY  DAMAGE  MUST  BE  MADE
PERMANENTLY  AVAILABLE  ON-LINE  WITHIN THIRTY DAYS OF THE INCIDENT ON A
WEBSITE MAINTAINED BY THE CITY OF NEW YORK;  AND  THAT  THE  INDEPENDENT
REPORTING IN THE FORM OF A CONSULTING ARBORIST REPORT SHALL OCCUR BY THE
CONSULTING  ARBORIST WHO WILL VERIFY THE PERFORMED TREE AND/OR TREE PART
DIAGNOSIS AND LAB ANALYSIS. THE FORMAT OF SUCH REPORT FOR ON-LINE INTER-
NET AVAILABILITY SHALL BE DETERMINED BY THE CITY OF NEW YORK.
  7. IN THE EVENT OF STORMS OR A SERIES OF STORMS THAT RESULT IN A LARGE
VOLUME OF TREE LOSSES OR  TREE  FAILURES  THAT  CAUSE  PROPERTY  DAMAGE,
PERSONAL  INJURIES  OR DEATH TO PERSONS, EVERY REASONABLE EFFORT MUST BE
MADE TO MARK, LABEL AND IDENTIFY THE TREE/TREE PARTS AT THAT LOCATION BY
THE CONSULTING ARBORIST, ONCE CONTACTED.
  S 2. This act shall take effect immediately.

2013-S5912A (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Add §4-209, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1028
2017-2018: S1363

2013-S5912A (ACTIVE) - Summary

2013-S5912A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5912A

TITLE OF BILL:  An act to amend the administrative code of the city of
New York, in relation to requiring municipal and government agencies,
and individual members of the public to abstain from disposing and
destroying of public trees, tree parts that are involved in property
damage, personal injury or death to persons from trees growing within
and across the public-right-of-ways, including parks and street trees

PURPOSE OR GENERAL IDEA OF BILL:  The purpose of the bill is to ensure
that the city of New York is properly inspecting, diagnosing and analyz-
ing public trees that cause property damage, personal injury or death
within 48 hours and make such reports publicly available.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the administrative code of the city of New York by
adding a new section 4-209 that requires the New York City Parks and
Recreation Department and other relevant agencies:

* to contract with consulting arborists to inspect, diagnose and analyze
for defects and disease all public trees and/or tree parts involved in
property damage, personal injury or death within 48 hours and for a
report to be issued that is publicly available on-line within 30 days of
the inspection.

* All reasonable efforts are required to be made to save and preserve
the tree and/or tree part samples at the scene of the incident so that
it can be examined by the consulting arborist or a chain of custody must
be established.

* In cases of severe damage due to storms every reasonable effort must
be made to mark, label and identify the tree at the location by the
consulting arborist.

Section 2 sets forth an immediate effective date.

JUSTIFICATION:  The bill is named in honor of a young woman Yingyi
Li-Dikov who was 6 months pregnant with her first child and was killed
when she was struck by falling tree in Kissena Park Queens in August
2013.

Public properties belonging to the city of New York are home to thou-
sands of trees in varying states of health. The city is responsible for
maintaining these trees so that they remain healthy and do not pose
extraordinary dangers to public safety and property.

This bill is necessary to ensure that the city is engaging in proper
inspections where incidents may occur so that the public is protected
and the city can better manage its responsibility for maintaining its
tree population.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS:  None to the state

EFFECTIVE DATE: This act shall take effect immediately.

2013-S5912A (ACTIVE) - Bill Text download pdf

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

                                 5912--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              July 1, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to requiring municipal and government agencies, and  individ-
  ual  members of the public to abstain from disposing and destroying of
  public trees,  tree  parts  that  are  involved  in  property  damage,
  personal  injury  or  death  to  persons from trees growing within and
  across the public-right-of-ways, including parks and street trees

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

  Section 1. This act shall be known and may be cited as "Yingyi's law".
  S  2.  The  administrative  code of the city of New York is amended by
adding a new section 4-209 to read as follows:
  S 4-209 PUBLIC TREES. 1. THE PARKS AND RECREATION DEPARTMENT  AND  ALL
RELEVANT AGENCIES SHALL CONTRACT WITH A FULL-TIME INDEPENDENT CONSULTING
ARBORIST  TO  INSPECT,  DIAGNOSE AND ANALYZE FOR DEFECTS AND DISEASE ALL
PUBLIC TREES, TREE PARTS INVOLVED IN PROPERTY DAMAGE, PERSONAL INJURY OR
DEATH WITHIN FORTY-EIGHT HOURS. SUCH CONSULTING ARBORIST SHALL  GENERATE
A  REPORT WHICH WILL BE PUBLICLY AVAILABLE ON-LINE WITHIN THIRTY DAYS OF
SUCH INSPECTION.
  2. THE CONDITION AND CAUSE OF THE TREE FAILURE  SHALL  BE  DOCUMENTED.
TREES  AND/OR  TREE PARTS SHALL BE INSPECTED, ANALYZED AND DIAGNOSED FOR
DEFECTS, DISEASE AND DETERMINE PRESUMED/OPINION AS TO THE CAUSE OF FAIL-
URE BY A FULL-TIME INDEPENDENT  CONSULTING  ARBORIST  (CA)  TRAINED  AND
SKILLED IN TREE DIAGNOSTIC PRACTICES, LAB SAMPLING, PHOTO DOCUMENTATION,
FORENSICS  AND  LEGALLY  BINDING REPORT WRITING. THE CONSULTING ARBORIST
WITH THIS SKILL SET SHALL BE  A  MEMBER  OF  THE  NATIONAL  ORGANIZATION
REPRESENTING THE PROFESSION-THE AMERICAN SOCIETY OF CONSULTING ARBORISTS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11617-02-3

S. 5912--A                          2

(ASCA)  AND  PREFERABLY REFERRED TO AS A REGISTERED CONSULTING ARBORISTS
(RCA) BY THAT ORGANIZATION.
  3.   THE   INSPECTION/SAMPLING  AND  DIAGNOSIS  MUST  BE  MADE  WITHIN
FORTY-EIGHT HOURS OF THE INCIDENT. EVERY EFFORT SHALL BE MADE TO PROVIDE
THE CONSULTING ARBORIST WITH ACCESS TO THE SPECIMEN AT THE INITIAL  SITE
OF  OCCURRENCE AND OR ANY SUBSEQUENT LOCATION THAT THE SPECIMEN HAS BEEN
MOVED TO FOR STORAGE AND PRESERVATION WITHIN THE BOROUGH  OF  OCCURRENCE
IN THE CITY OF NEW YORK.
  4.  EVERY REASONABLE EFFORT MUST BE MADE TO SAVE AND PRESERVE THE TREE
AND/OR TREE PART SAMPLE AT THE SCENE OF THE INCIDENT. IN THE EVENT  THAT
AN INDEPENDENT CONSULTING ARBORIST IS UNABLE TO VISIT THE SITE TO SECURE
THE  SPECIMEN  OR  SPECIMENS  IN A REASONABLE PERIOD OF TIME, A CHAIN OF
CUSTODY SHALL BE ESTABLISHED BY THE CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION FORESTRY AND/OR CLIMBER AND PRUNER PERSONNEL.
  5. IN THE EVENT THE TREES INHABIT PROPERTIES BELONGING TO OTHER  AGEN-
CIES SUCH AS THE BOARD OF EDUCATION, OR DCAS, MTA, STATE DOT, NYCHA ETC.
THE  CHAIN  OF  CUSTODY REVERTS TO THE INDIVIDUAL AGENCY. THE CITY SHALL
MAINTAIN A LIST OF APPROVED CONSULTING ARBORISTS, CREATED FROM THE ISSU-
ANCE OF A REQUEST FOR PROPOSALS. A REPRESENTATIVE  FROM  THE  INDIVIDUAL
AGENCIES SHALL BE DESIGNATED TO CALL THE APPROVED ARBORISTS.
  6.  RESULTS  ON  THE FINDINGS ABOUT THE CONDITION OF TREES AND/OR TREE
LIMBS INVOLVED IN PERSONAL INJURIES AND PROPERTY  DAMAGE  MUST  BE  MADE
PERMANENTLY  AVAILABLE  ON-LINE  WITHIN THIRTY DAYS OF THE INCIDENT ON A
WEBSITE MAINTAINED BY THE CITY OF NEW YORK;  AND  THAT  THE  INDEPENDENT
REPORTING IN THE FORM OF A CONSULTING ARBORIST REPORT SHALL OCCUR BY THE
CONSULTING  ARBORIST WHO WILL VERIFY THE PERFORMED TREE AND/OR TREE PART
DIAGNOSIS AND LAB ANALYSIS. THE FORMAT OF SUCH REPORT FOR ON-LINE INTER-
NET AVAILABILITY SHALL BE DETERMINED BY THE CITY OF NEW YORK.
  7. IN THE EVENT OF STORMS OR A SERIES OF STORMS THAT RESULT IN A LARGE
VOLUME OF TREE LOSSES OR  TREE  FAILURES  THAT  CAUSE  PROPERTY  DAMAGE,
PERSONAL  INJURIES  OR DEATH TO PERSONS, EVERY REASONABLE EFFORT MUST BE
MADE TO MARK, LABEL AND IDENTIFY THE TREE/TREE PARTS AT THAT LOCATION BY
THE CONSULTING ARBORIST, ONCE CONTACTED.
  S 3. This act shall take effect immediately.

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