Assembly Bill A8304

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8304
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 6, 2017
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Environmental Conservation
 
 AN  ACT  to amend the environmental conservation law, in relation to the
   regulation of the planting and selling of running bamboo
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new article 48 to read as follows:
                                ARTICLE 48
         REGULATION OF THE PLANTING AND SELLING OF RUNNING BAMBOO
 SECTION 48-0101. DEFINITION.
         48-0103. PLANTING RESTRICTIONS.
         48-0105. SALE AND INSTALLATION.
 § 48-0101. DEFINITION.
   FOR THE PURPOSE OF THIS ARTICLE, "RUNNING BAMBOO" MEANS ANY BAMBOO  IN
 THE GENUS PHYLLOSTACHYS, INCLUDING PHYLLOSTACHYS AUREOSULCATA.
 § 48-0103. PLANTING RESTRICTIONS.
   1. NO PERSON WHO PLANTS RUNNING BAMBOO OR WHO ALLOWS RUNNING BAMBOO TO
 BE  PLANTED  ON  HIS  OR  HER  PROPERTY SHALL PERMIT SUCH BAMBOO TO GROW
 BEYOND THE BOUNDARIES OF HIS OR  HER  PROPERTY.  ON  AND  AFTER  OCTOBER
 FIRST, TWO THOUSAND SEVENTEEN, ANY PERSON WHO VIOLATES THE PROVISIONS OF
 THIS  SECTION  SHALL BE LIABLE FOR ANY DAMAGES CAUSED TO ANY NEIGHBORING
 PROPERTY BY SUCH BAMBOO, INCLUDING, BUT NOT  LIMITED  TO,  THE  COST  OF
 REMOVAL  OF ANY RUNNING BAMBOO THAT GREW BEYOND THE BOUNDARIES OF HIS OR
 HER PROPERTY.
   2. NO PERSON SHALL PLANT RUNNING BAMBOO OR ALLOW RUNNING BAMBOO TO  BE
 PLANTED ON HIS OR HER PROPERTY AT A LOCATION THAT IS ONE HUNDRED FEET OR
 LESS  FROM  ANY  ABUTTING    PROPERTY OR PUBLIC RIGHT-OF-WAY UNLESS SUCH
 PLANTING IS CONTAINED BY A PROPERLY CONSTRUCTED AND  MAINTAINED  BARRIER
 SYSTEM  OR SUCH RUNNING BAMBOO IS PLANTED ABOVE GROUND IN A CONTAINER OR

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13016-01-7
              

 A. 8304                             2
 
 PLANTER SUCH THAT THE RUNNING BAMBOO DOES NOT COME IN CONTACT  WITH  THE
 SURROUNDING SOIL.
   3.  THE PROVISIONS OF THIS SECTION SHALL NOT BE DEEMED TO APPLY TO ANY
 RUNNING BAMBOO PLANTED ON OR BEFORE OCTOBER FIRST, TWO  THOUSAND  SEVEN-
 TEEN.
 § 48-0105. SALE AND INSTALLATION.
   EACH  RETAIL  SELLER  OR  INSTALLER OF RUNNING BAMBOO SHALL PROVIDE TO
 EACH CUSTOMER WHO PURCHASES RUNNING BAMBOO FROM SUCH SELLER OR INSTALLER
 A STATEMENT THAT DISCLOSES THAT RUNNING BAMBOO IS A FAST  GROWING  PLANT
 THAT  MAY  SPREAD IF NOT PROPERLY CONTAINED AND A PLAIN LANGUAGE SUMMARY
 OF THE PROVISIONS CONTAINED IN SECTION 48-0103  OF  THIS  ARTICLE.  SUCH
 STATEMENT  SHALL  ALSO  PROVIDE RECOMMENDATIONS, BASED ON BEST AVAILABLE
 INFORMATION, ON HOW TO PROPERLY CONTAIN RUNNING BAMBOO. ANY RETAIL SELL-
 ER OR INSTALLER OF RUNNING BAMBOO WHO VIOLATES THE  PROVISIONS  OF  THIS
 SECTION SHALL BE FINED ONE HUNDRED DOLLARS FOR EACH SOLD IN VIOLATION OF
 THIS SECTION.
   § 2. This act shall take effect immediately.