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Assembly Bill A6038

2019-2020 Legislative Session

Provides for the removal of phragmites where such phragmites grow continuously in an area containing five acres of land or more

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Archive: Last Bill Status - In Assembly Committee

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2019-A6038 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd Art 9 Title 15 Title Head, add §9-1505, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A11710
2011-2012: A6777
2013-2014: A4535
2015-2016: A6173, A10325
2017-2018: A5794

2019-A6038 (ACTIVE) - Summary

Provides for the removal of phragmites where such phragmites grow continuously in an area containing five acres of land or more.

2019-A6038 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6038
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2019
                                ___________
 
 Introduced by M. of A. REILLY -- read once and referred to the Committee
   on Environmental Conservation
 
 AN  ACT  to amend the environmental conservation law, in relation to the
   removal of phragmites
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. The title heading of title 15 of article 9 of the environ-
 mental conservation law, as amended by chapter 602 of the laws of  2003,
 is amended to read as follows:
                REMOVAL OF TREES [AND], PROTECTED PLANTS AND
                                PHRAGMITES
 
   §  2.  The  environmental  conservation law is amended by adding a new
 section 9-1505 to read as follows:
 § 9-1505. REMOVAL OF PHRAGMITES.
   THE DEPARTMENT SHALL REMOVE PHRAGMITES FROM ANY AREA OF THE  STATE  IN
 WHICH SUCH PHRAGMITES GROW CONTINUOUSLY IN AN AREA CONTAINING FIVE ACRES
 OF  LAND  OR  MORE.  UPON REMOVAL OF SUCH PHRAGMITES, SUCH LAND SHALL BE
 REPLANTED WITH WETLAND PLANTINGS NATIVE TO THE AREA IN WHICH SUCH PHRAG-
 MITES ARE REMOVED. NO ACTION FOR TRESPASS SHALL LIE ON ACCOUNT OF INJURY
 TO PRIVATE PROPERTY AS A RESULT OF SUCH  REMOVAL,  IF  SUCH  REMOVAL  IS
 PERFORMED IN THE PROTECTION OF THE LANDS OF THE STATE FROM FIRE.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09836-01-9

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