Bill Text: NY A02435 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires any utility company involved in a vegetation management plan to give prior notice to the local legislative body and the residents of the affected community and to hold a public meeting prior to implementation of such plan.

Sponsorship: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced - Dead) 2011-12-06 - enacting clause stricken [A02435 Detail]

Download: New_York-2011-A02435-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2435
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 18, 2011
                                      ___________
       Introduced  by M. of A. SPANO, PRETLOW, GALEF, LATIMER, PAULIN, CASTELLI
         -- read once and referred to the Committee on Local Governments
       AN ACT to amend the general municipal law, in  relation  to  authorizing
         the  local legislative body of a municipality located in the county of
         Westchester to require any utility company involved  in  a  vegetation
         management plan to give prior notice to the local legislative body and
         the  residents  of the affected community and to hold a public meeting
         prior to implementation of such plan
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  96-b  of the general municipal law is amended by
    2  adding a new subdivision 3 to read as follows:
    3    3. THE LOCAL LEGISLATIVE BODY OF ANY COUNTY,  CITY,  TOWN  OR  VILLAGE
    4  LOCATED  IN  THE  COUNTY  OF  WESTCHESTER IS HEREBY EMPOWERED TO ENACT A
    5  LOCAL LAW, RULE OR REGULATION CONTAINING THE FOLLOWING PROVISIONS:
    6    A. ANY UTILITY COMPANY INVOLVED IN A VEGETATION MANAGEMENT  PLAN  THAT
    7  SPECIFICALLY  INCLUDES  THE CUTTING, TRIMMING AND/OR REMOVAL OF TREES IN
    8  ANY COUNTY, CITY, TOWN OR VILLAGE SHALL GIVE SIXTY DAYS NOTICE PRIOR  TO
    9  THE  IMPLEMENTATION  OF  SUCH ACTIVITY TO THE RESIDENTS OF THE COMMUNITY
   10  AFFECTED THEREBY. NO SUCH ACTIVITY SHALL BE COMMENCED UNTIL  AFTER  SUCH
   11  UTILITY  COMPANY  HAS HELD A PUBLIC MEETING IN RELATION THERETO AT LEAST
   12  THIRTY DAYS PRIOR, AT WHICH THE LOCAL LEGISLATIVE BODY AND THE RESIDENTS
   13  OF SUCH AFFECTED COMMUNITY SHALL BE PROVIDED WITH THE  DETAILS  OF  SUCH
   14  TRIMMING, CUTTING, REMOVAL AND/OR VEGETATION MANAGEMENT PLAN AND WITH AN
   15  OPPORTUNITY TO BE HEARD ON SUCH MATTERS;
   16    B.  IN  THE  EVENT  OF AN EMERGENCY SITUATION DEEMED TO BE A THREAT TO
   17  PUBLIC SAFETY AND WELFARE, SUCH UTILITY COMPANY SHALL NOT BE REQUIRED TO
   18  GIVE NOTICE OR TO HOLD A PUBLIC MEETING PRIOR TO THE  IMPLEMENTATION  OF
   19  SUCH A VEGETATION MANAGEMENT PLAN; AND
   20    C.  ANY  UTILITY  COMPANY THAT VIOLATES THE PROVISIONS OF THIS SECTION
   21  SHALL BE LIABLE TO A CIVIL PENALTY WHICH SHALL RESULT IN A FINE OF UP TO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04599-01-1
       A. 2435                             2
    1  FIVE THOUSAND DOLLARS FOR A FIRST TIME VIOLATION AND UP TO TEN  THOUSAND
    2  DOLLARS  FOR  TWO OR MORE VIOLATIONS INCURRED WITHIN A FIVE YEAR PERIOD.
    3  SUCH MONEYS COLLECTED PURSUANT TO THIS PARAGRAPH SHALL BE DEPOSITED INTO
    4  AN  ACCOUNT  MAINTAINED  BY  THE  LOCAL LEGISLATIVE BODY OF THE AFFECTED
    5  LOCALITY. SUCH LOCAL LEGISLATIVE BODY SHALL ESTABLISH SUCH  ACCOUNT,  TO
    6  BE  KNOWN  AS  THE  TREE  CONSERVATION FUND, FOR THE RECEIPT OF ALL SUCH
    7  MONEYS, AND SAID MONEYS SHALL BE UTILIZED BY SUCH LOCAL LEGISLATIVE BODY
    8  EXCLUSIVELY TO DEVELOP,  IMPLEMENT  AND/OR  MAINTAIN  TREE  CONSERVATION
    9  PROJECTS WITHIN THE AFFECTED LOCALITY.
   10    D.  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO ANY UTILITY
   11  COMPANY THAT OPERATES AN INTERSTATE NATURAL GAS PIPELINE THAT IS SUBJECT
   12  TO THE JURISDICTION OF THE FEDERAL ENERGY REGULATORY COMMISSION.
   13    S 2. This act shall take effect immediately.