NY State Senate Bill 2019-S575A

Archive: Last Bill Status - In Senate Committee Local Government 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 15, 2020	print number 575a
Jan 15, 2020	amend and recommit to local government
Jan 08, 2020	referred to local government
Jan 09, 2019	referred to local government

Bill Amendments

Original

A (Active)

2019-S575 - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §96-b, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8197
2017-2018: S1811
2021-2022: S5094
2023-2024: S5709

2019-S575 - Summary

Relates to biodiversity in planting projects; requires municipalities to follow the 10-20-30 principle for planting projects.

2019-S575 - Sponsor Memo

                                
 
BILL NUMBER: S575

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to biodiversity
in planting projects

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to ensure genetic biodiversity in replant
projects to prevent future threat of disease or environment loss.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends section 96-b of the general municipal law
to amend subdivision I and add a subdivision 3 to recognize the impor-
tance of genetic biodiversity in communities and require that local
planting projects follow the 10-20-30 rule to plant no more than ten
percent of any one species, twenty percent of any one genus, or thirty
percent of any one family.

Section two establishes the effective date.

 
JUSTIFICATION:

Increasingly, the devastating effects of the emerald ash borer species
have been reported and documented since its first discovery in 2002 in
Michigan. New York is home to an estimated 900 million ash trees, which
play a structural roles in the various ecosystems around the state and
whose loss would lead to environment eradication. The critical nature of
ensuring genetic biodiversity in the environment has been recognized
throughout the country as well as around the world. Genetic diversity is
achieved by genetic variation within as well as between populations and
guarantees a defense to harmful or invasive species. The healthier an
ecosystem is, the better it can withstand and recover from a variety of
disasters.

At this point, with the risk of emerald ash borer to New York ash trees
well documented, the DEC maintains a statewide watch of infection sites
as well as quarantine areas. With the implementation of a defensive
planting plan, municipalities will be able to replant communities and
have a fighting chance in avoiding other invasive species. The 10/20/30
rule ensures that a healthy amount of diversity is present by following
a plan of no more than ten percent of any one species, twenty percent of
any one genus, or thirty percent of any one family.

Finally, this bill would not be effective until the latter of January 1,
2022 or 270 days after signed into law to allow regional tree nurseries
the time to supply the variety of saplings that municipalities may need.

 
PRIOR LEGISLATIVE HISTORY:

2015-16: Referred to Rules
2017-18: S.1811 Referred to Local Government

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
This act shall take effect on the latter of January 1, 2022 or 270 days
after signed into law.

2019-S575 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    575
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal law, in relation  to  biodiversity
   in planting projects

   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,  as  added  by
 chapter 686 of the laws of 1978, is amended to read as follows:
   § 96-b. Tree conservation.  1. The legislature hereby finds that there
 is a direct relationship between the planting of trees, shrubs and asso-
 ciated  vegetation  in  sufficient  number  in  populated  areas and the
 health, safety, and welfare  of  communities,  and  as  related  to  the
 natural,  scenic,  and  aesthetic  values  of trees and the physical and
 visual qualities of the environment which municipalities are  authorized
 to protect. Trees and such vegetation abate noise, provide welcome shade
 to  people, preserve the balance of oxygen in the air by removing carbon
 dioxide and fostering air quality, and add color and  verdure  to  human
 construction.  They  also stabilize the soil and control water pollution
 by preventing soil erosion and flooding, yield advantageous microclimat-
 ic effects, and provide a natural habitat for wildlife.  The destructive
 and indiscriminate  removal  of  trees  and  related  vegetation  causes
 increased municipal costs for proper drainage control, impairs the bene-
 fits  of  occupancy  of  existing residential properties and impairs the
 stability and value of both improved and unimproved real property in the
 area of destruction, and  adversely  affects  the  health,  safety,  and
 general  welfare  of  the  inhabitants  of the state. HOWEVER, WHEN TREE
 REMOVAL IS NECESSARY TO STOP  THE  SPREAD  OF  INVASIVE  SPECIES  IT  IS
 CRUCIAL  THAT  MUNICIPALITIES  REPLANT  LOST TREES AND VEGETATION, WHILE
 MAINTAINING BIODIVERSITY IN PLANTING  PROJECTS  TO  AVOID  FUTURE  LOSS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02127-01-9

 S. 575                              2
 
 BIODIVERSITY  ENSURES RESISTANCE AGAINST MASS SUSCEPTIBILITY TO INVASIVE
 SPECIES.
   2. In addition to any power or authority of a municipal corporation to
 regulate  by planning or zoning laws or regulations or by local laws and
 regulations, the local legislative body of any  county,  city,  town  or
 village  is hereby empowered to provide for the protection and conserva-
 tion of trees and related vegetation.  Such legislative body may require
 appropriate conditions applicable to any activity involving the  removal
 or  destruction  of  trees  or the substantial alteration of grade level
 around trees may  include,  where  appropriate,  requirements  that  the
 activity be done as specified in an approved landscape plan and that the
 removed  trees  be  replaced  by  the  planting of the same or alternate
 species of trees, and may provide,  in  connection  therewith,  required
 plantings  for  screening purposes. Such regulations, special conditions
 and restrictions, adopted in the exercise of the police power, shall  be
 reasonable and appropriate to the purpose.  The municipality may require
 the  posting  of  a  performance  bond  to  assure  compliance with this
 section. All charges and expenses incurred under this section by a  town
 shall  be  a  charge  upon the taxable property of that part of the town
 outside any incorporated village.
   3. WHEN A MUNICIPALITY, PARKS DEPARTMENT, HIGHWAY DEPARTMENT, OR OTHER
 LOCAL ENTITY UNDERTAKES A TREE PLANTING  PROJECT  IN  PUBLIC  LOCATIONS,
 THEY  SHALL  SELECT  AND  PLANT  BIOLOGICALLY DIVERSE TYPES OF TREES. TO
 SATISFY SUFFICIENT  BIODIVERSITY,  THE  MUNICIPALITY  SHALL  FOLLOW  THE
 10-20-30  PRINCIPLE  WHEN  THE  MUNICIPALITY  IS  PLANTING  NEW TREES OR
 REPLANTING IN AN AREA. THE 10-20-30 PRINCIPLE STATES THAT A  TREE  POPU-
 LATION SHALL INCLUDE NO MORE THAN TEN PERCENT OF ANY ONE SPECIES, TWENTY
 PERCENT  OF  ANY  ONE  GENUS,  OR THIRTY PERCENT OF ANY ONE FAMILY. THIS
 PERCENTAGE SHALL BE MEASURED BY THE TREE POPULATION AS A WHOLE,  NOT  BY
 ANY ONE PLANTING PROJECT SOLELY.
   §  2. This act shall take effect January 1, 2022 or on the two hundred
 seventieth day after it shall have become a law, whichever is later.

2019-S575A (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §96-b, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8197
2017-2018: S1811
2021-2022: S5094
2023-2024: S5709

2019-S575A (ACTIVE) - Summary

Relates to biodiversity in planting projects; requires municipalities to follow the 10-20-30 principle for planting projects.

2019-S575A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S575A

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to biodiversity
in planting projects

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to ensure genetic biodiversity in replant
projects to prevent future threat of disease or environment loss.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends section 96-b of the general municipal law
to amend subdivision I and add a subdivision 3 to recognize the impor-
tance of genetic biodiversity in communities and require that local
planting projects follow the 10-20-30 rule to plant no more than ten
percent of any one species, twenty percent of any one genus, or thirty
percent of any one family.

Section two establishes the effective date.

 
JUSTIFICATION:

Increasingly, the devastating effects of the emerald ash borer species
have been reported and documented since its first discovery in 2002 in
Michigan. New York is home to an estimated 900 million ash trees, which
play a structural roles in the various ecosystems around the state and
whose loss would lead to environment eradication. The critical nature of
ensuring genetic biodiversity in the environment has been recognized
throughout the country as well as around the world. Genetic diversity is
achieved by genetic variation within as well as between populations and
guarantees a defense to harmful or invasive species. The healthier an
ecosystem is, the better it can withstand and recover from a variety of
disasters.

At this point, with the risk of emerald ash borer to New York ash trees
well documented, the DEC maintains a statewide watch of infection sites
as well as quarantine areas. With the implementation of a defensive
planting plan, municipalities will be able to replant communities and
have a fighting chance in avoiding other invasive species. The 10/20/30
rule ensures that a healthy amount of diversity is present by following
a plan of no more than ten percent of any one species, twenty percent of
any one genus, or thirty percent of any one family.

Finally, this bill would not be effective until the latter of January 1,
2022 or 270 days after signed into law to allow regional tree nurseries
the time to supply the variety of saplings that municipalities may need.

 
PRIOR LEGISLATIVE HISTORY:

2015-16: Referred to Rules

2017-18: 5.1811 Referred to Local Government

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the latter of January 1, 2023 or 270 days
after signed into law.

2019-S575A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  575--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government -- recom-
   mitted to the Committee on Local Government in accordance with  Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the general municipal law, in relation  to  biodiversity
   in planting projects
 
   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,  as  added  by
 chapter 686 of the laws of 1978, is amended to read as follows:
   § 96-b. Tree conservation.  1. The legislature hereby finds that there
 is a direct relationship between the planting of trees, shrubs and asso-
 ciated  vegetation  in  sufficient  number  in  populated  areas and the
 health, safety, and welfare  of  communities,  and  as  related  to  the
 natural,  scenic,  and  aesthetic  values  of trees and the physical and
 visual qualities of the environment which municipalities are  authorized
 to protect. Trees and such vegetation abate noise, provide welcome shade
 to  people, preserve the balance of oxygen in the air by removing carbon
 dioxide and fostering air quality, and add color and  verdure  to  human
 construction.  They  also stabilize the soil and control water pollution
 by preventing soil erosion and flooding, yield advantageous microclimat-
 ic effects, and provide a natural habitat for wildlife.  The destructive
 and indiscriminate  removal  of  trees  and  related  vegetation  causes
 increased municipal costs for proper drainage control, impairs the bene-
 fits  of  occupancy  of  existing residential properties and impairs the
 stability and value of both improved and unimproved real property in the
 area of destruction, and  adversely  affects  the  health,  safety,  and
 general  welfare  of  the  inhabitants  of the state. HOWEVER, WHEN TREE
 REMOVAL IS NECESSARY TO STOP  THE  SPREAD  OF  INVASIVE  SPECIES  IT  IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02127-02-0

 S. 575--A                           2
 
 CRUCIAL  THAT  MUNICIPALITIES  REPLANT  LOST TREES AND VEGETATION, WHILE
 MAINTAINING BIODIVERSITY IN PLANTING  PROJECTS  TO  AVOID  FUTURE  LOSS.
 BIODIVERSITY  ENSURES RESISTANCE AGAINST MASS SUSCEPTIBILITY TO INVASIVE
 SPECIES.
   2. In addition to any power or authority of a municipal corporation to
 regulate  by planning or zoning laws or regulations or by local laws and
 regulations, the local legislative body of any  county,  city,  town  or
 village  is hereby empowered to provide for the protection and conserva-
 tion of trees and related vegetation.  Such legislative body may require
 appropriate conditions applicable to any activity involving the  removal
 or  destruction  of  trees  or the substantial alteration of grade level
 around trees may  include,  where  appropriate,  requirements  that  the
 activity be done as specified in an approved landscape plan and that the
 removed  trees  be  replaced  by  the  planting of the same or alternate
 species of trees, and may provide,  in  connection  therewith,  required
 plantings  for  screening purposes. Such regulations, special conditions
 and restrictions, adopted in the exercise of the police power, shall  be
 reasonable and appropriate to the purpose.  The municipality may require
 the  posting  of  a  performance  bond  to  assure  compliance with this
 section. All charges and expenses incurred under this section by a  town
 shall  be  a  charge  upon the taxable property of that part of the town
 outside any incorporated village.
   3. WHEN A MUNICIPALITY, PARKS DEPARTMENT, HIGHWAY DEPARTMENT, OR OTHER
 LOCAL ENTITY UNDERTAKES A TREE PLANTING  PROJECT  IN  PUBLIC  LOCATIONS,
 THEY  SHALL  SELECT  AND  PLANT  BIOLOGICALLY DIVERSE TYPES OF TREES. TO
 SATISFY SUFFICIENT  BIODIVERSITY,  THE  MUNICIPALITY  SHALL  FOLLOW  THE
 10-20-30  PRINCIPLE  WHEN  THE  MUNICIPALITY  IS  PLANTING  NEW TREES OR
 REPLANTING IN AN AREA. THE 10-20-30 PRINCIPLE STATES THAT A  TREE  POPU-
 LATION SHALL INCLUDE NO MORE THAN TEN PERCENT OF ANY ONE SPECIES, TWENTY
 PERCENT  OF  ANY  ONE  GENUS,  OR THIRTY PERCENT OF ANY ONE FAMILY. THIS
 PERCENTAGE SHALL BE MEASURED BY THE TREE POPULATION AS A WHOLE,  NOT  BY
 ANY ONE PLANTING PROJECT SOLELY.
   §  2. This act shall take effect January 1, 2023 or on the two hundred
 seventieth day after it shall have become a law, whichever is later.

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Senate Bill S575A

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

Bill Amendments

2019-S575 - Details

2019-S575 - Summary

2019-S575 - Sponsor Memo

2019-S575 - Bill Text download pdf

2019-S575A (ACTIVE) - Details

2019-S575A (ACTIVE) - Summary

2019-S575A (ACTIVE) - Sponsor Memo

2019-S575A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

Bill Amendments

2019-S575 - Details

2019-S575 - Summary

2019-S575 - Sponsor Memo

2019-S575 - Bill Text download pdf

2019-S575A (ACTIVE) - Details

2019-S575A (ACTIVE) - Summary

2019-S575A (ACTIVE) - Sponsor Memo

2019-S575A (ACTIVE) - Bill Text download pdf

Comments