NY State Senate Bill 2017-S1456A

Senate Bill S1456A

2017-2018 Legislative Session

Authorizes certain owners of residential real property in the city of New York to opt out of planned city tree planting

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jun 21, 2017	recommitted to rules
Jun 19, 2017	ordered to third reading cal.1854 committee discharged and committed to rules
Jun 14, 2017	print number 1456a
Jun 14, 2017	amend (t) and recommit to codes
Jan 09, 2017	referred to codes

Votes

- Jun 19, 2017 - Rules Committee Vote
  S1456A
  
  20
  
  Aye
  
  1
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2017
      
      aye (20)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Hannon
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      nay (1)
      
      Montgomery
      
      aye wr (4)
      
      Gianaris
      
      Griffo
      
      Parker
      
      Squadron

Bill Amendments

Original

A (Active)

2017-S1456 - Details

See Assembly Version of this Bill:: A9760
Current Committee:: Senate Codes
Law Section:: General City Law
Laws Affected:: Add §28-b, Gen City L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7375, A10060
2019-2020: S4739, A855
2021-2022: S130, A745
2023-2024: S912

2017-S1456 - Summary

Authorizes certain owners of residential real property in the city of New York to opt out of planned city tree planting.

2017-S1456 - Sponsor Memo

                                 BILL NUMBER:  S1456

 TITLE OF BILL :  An act to amend the general city law, in relation to
authorizing owners of certain residential real property, in cities of
the first class, to opt out of tree planting conducted by such cities
on adjacent city property

 PURPOSE :

To allow residential real property owners the right to opt out of any
planned tree planting adjacent to the owner's property line.

 SUMMARY OF PROVISIONS :

Section 1 of this bill amends the general city law by adding a new
section 28-b to limit planned municipal tree planting on city
property.

This new section would allow (1) any owner of residential real
property that is in whole or in part owner occupied and used
exclusively for residential purposes; (2) any cooperative corporation
of a residential cooperative that is used exclusively for residential
purposes; and (3) any board of managers of a condominium that is used
exclusively for residential purposes to opt-out of a plan to plan t a
tree or trees pursuant to a systematic street tree planting program
adopted by a city of the first class on property owned by such city

that is between the sidewalk and the curb of the roadway, adjacent to
the property line of such residential real property.

The section would also require the city to provide notice to the above
mentioned and shall grant them 30 days within which to notify the city
of their desire to opt-out of the planned tree planting.

Section 2 of this bill states that this act shall take effect on the
one hundred twentieth day after it shall have become law.

 JUSTIFICATION :

City trees that are planted adjacent to residential properties can
trigger a number of financial and legal responsibilities for which
homeowners are potentially responsible. Overgrown tree roots can lift
and damage side-walks or cause a pedestrian to trip or fall.  Dense
branches can fall and cause property damage or injury, while fallen
leaves and branches can clog drainage and cause flooding.  Each of
these problems is a potential liability for which the homeowner,
rather than the City, is ultimately responsible.

Instead of forcing these potential liabilities on unwitting
homeowners, this bill aims to provide an opt-out choice for those who
do not want to accept these responsibilities by granting them 30 days
within which to notify the city of their desire to opt-out.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become law.

2017-S1456 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1456
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the general city law, in relation to authorizing  owners
   of certain residential real property, in cities of the first class, to
   opt  out  of  tree  planting conducted by such cities on adjacent city
   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
 28-b to read as follows:
   § 28-B. LIMITATION ON PLANNED MUNICIPAL TREE PLANTING ON CITY  PROPER-
 TY;  CITIES OF THE FIRST CLASS.  ANY OWNER OF RESIDENTIAL REAL PROPERTY,
 THAT IS IN WHOLE OR IN PART OWNER  OCCUPIED  AND  USED  EXCLUSIVELY  FOR
 RESIDENTIAL PURPOSES, ANY COOPERATIVE CORPORATION OF A RESIDENTIAL COOP-
 ERATIVE THAT IS USED EXCLUSIVELY FOR RESIDENTIAL PURPOSES, AND ANY BOARD
 OF  MANAGERS  OF  A CONDOMINIUM THAT IS USED EXCLUSIVELY FOR RESIDENTIAL
 PURPOSES MAY ELECT TO OPT-OUT OF A PLAN TO PLANT A TREE OR TREES  PURSU-
 ANT  TO  A  SYSTEMATIC STREET TREE PLANTING PROGRAM ADOPTED BY A CITY OF
 THE FIRST CLASS, AS DEFINED IN SUBDIVISION (A) OF  SECTION  ONE  HUNDRED
 SEVEN  OF  THE  VEHICLE  AND TRAFFIC LAW, ON PROPERTY OWNED BY SUCH CITY
 THAT IS BETWEEN THE SIDEWALK AND THE CURB OF THE  ROADWAY,  ADJACENT  TO
 THE  PROPERTY  LINE  OF  SUCH RESIDENTIAL REAL PROPERTY. SUCH CITY SHALL
 PROVIDE NOTICE TO SUCH PROPERTY OWNERS, COOPERATIVE CORPORATION OR BOARD
 OF MANAGERS OF A PLANNED TREE PLANTING  AND  SHALL  GRANT  THE  PROPERTY
 OWNERS,  COOPERATIVE CORPORATION OR BOARD OF MANAGERS THIRTY DAYS WITHIN
 WHICH TO NOTIFY THE CITY OF THEIR DESIRE TO OPT-OUT OF THE PLANNED  TREE
 PLANTING.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01252-01-7

2017-S1456A (ACTIVE) - Details

See Assembly Version of this Bill:: A9760
Current Committee:: Senate Codes
Law Section:: General City Law
Laws Affected:: Add §28-b, Gen City L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7375, A10060
2019-2020: S4739, A855
2021-2022: S130, A745
2023-2024: S912

2017-S1456A (ACTIVE) - Summary

Authorizes certain owners of residential real property in the city of New York to opt out of planned city tree planting.

2017-S1456A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1456A

 TITLE OF BILL :  An act to amend the general city law, in relation to
authorizing owners of certain residential real property, in the city
of New York, to opt out of tree planting conducted by such city on
adjacent city property

 PURPOSE :

To allow residential real property owners the right to opt out of any
planned tree planting adjacent to the owner's property line.

 SUMMARY OF PROVISIONS :

Section 1 of this bill amends the general city law by adding a new
section 28-b to limit planned tree planting on property owned by the
city of New York.

This new section would allow (1) any owner of residential real
property that is in whole or in part owner occupied and used
exclusively for residential purposes; (2) any cooperative corporation
of a residential cooperative that is used exclusively for residential
purposes; and (3) any board of managers of a condominium that is used
exclusively for residential purposes to opt-out of a plan to plant a
tree or trees pursuant to a systematic street tree planting program
adopted by the city of New York on property owned by the city of New

York that is between the sidewalk and the curb of the roadway,
adjacent to the property line of such residential real property.

The section would also require the city to provide notice to the above
mentioned and shall grant them 30 days within which to notify the city
of their desire to opt-out of the planned tree planting.

Section 2 of this bill states that this act shall take effect on the
one hundred twentieth day after it shall have become law.

 JUSTIFICATION :

City trees that are planted adjacent to residential properties can
trigger a number of financial and legal responsibilities for which
homeowners are potentially responsible. Overgrown tree roots can lift
and damage side-walks or cause a pedestrian to trip or fall. Dense
branches can fall and cause property damage or injury, while fallen
leaves and branches can clog drainage and cause flooding. Each of
these problems is a potential liability for which the homeowner,
rather than the City, is ultimately responsible.

Instead of forcing these potential liabilities on unwitting
homeowners, this bill aims to provide an opt-out choice for those who
do not want to accept these responsibilities by granting them 30 days
within which to notify the city of their desire to opt-out.

 LEGISLATIVE HISTORY :

2017: A1177 (Simanowitz)
2015-16: S7375/A10060 (Simanowitz)

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become law.

2017-S1456A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1456--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the general city law, in relation to authorizing owners
   of certain residential real property, in the city of New York, to  opt
   out of tree planting conducted by such city on adjacent city 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
 28-b to read as follows:
   §  28-B. LIMITATION ON PLANNED MUNICIPAL TREE PLANTING ON CITY PROPER-
 TY; CITY OF NEW YORK.  ANY OWNER OF RESIDENTIAL REAL PROPERTY,  THAT  IS
 IN  WHOLE OR IN PART OWNER OCCUPIED AND USED EXCLUSIVELY FOR RESIDENTIAL
 PURPOSES, ANY COOPERATIVE CORPORATION OF A RESIDENTIAL COOPERATIVE  THAT
 IS  USED EXCLUSIVELY FOR RESIDENTIAL PURPOSES, AND ANY BOARD OF MANAGERS
 OF A CONDOMINIUM THAT IS USED EXCLUSIVELY FOR RESIDENTIAL  PURPOSES  MAY
 ELECT  TO  OPT-OUT  OF  A  PLAN  TO  PLANT A TREE OR TREES PURSUANT TO A
 SYSTEMATIC STREET TREE PLANTING PROGRAM ADOPTED BY THE CITY OF NEW  YORK
 ON PROPERTY OWNED BY SUCH CITY THAT IS BETWEEN THE SIDEWALK AND THE CURB
 OF  THE  ROADWAY, ADJACENT TO THE PROPERTY LINE OF SUCH RESIDENTIAL REAL
 PROPERTY. SUCH CITY SHALL PROVIDE NOTICE TO SUCH PROPERTY OWNERS,  COOP-
 ERATIVE  CORPORATION OR BOARD OF MANAGERS OF A PLANNED TREE PLANTING AND
 SHALL GRANT THE PROPERTY OWNERS, COOPERATIVE  CORPORATION  OR  BOARD  OF
 MANAGERS  THIRTY DAYS WITHIN WHICH TO NOTIFY THE CITY OF THEIR DESIRE TO
 OPT-OUT OF THE PLANNED TREE PLANTING.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01252-02-7

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