Bill Text: NY S02969 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to the metropolitan commuter transportation authority establishing and implementing a policy for responsible management of vegetation and other activities that impact neighboring properties in order to preserve the safety and efficiency of commuter rail operations by implementing guidelines for removal and management policies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-01-03 - REFERRED TO TRANSPORTATION [S02969 Detail]
Download: New_York-2023-S02969-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2969 2023-2024 Regular Sessions IN SENATE January 26, 2023 ___________ Introduced by Sen. MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the public authorities law, in relation to the metropol- itan commuter transportation authority establishing and implementing a vegetation management policy The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1266 of the public authorities law is amended by 2 adding a new subdivision 20 to read as follows: 3 20. Notwithstanding any other provisions of law or the terms of any 4 contract, the authority, in consultation with the Long Island Rail Road 5 and the Metro-North Commuter Railroad Company, shall establish and 6 implement a policy for responsible management of vegetation and other 7 activities that impact neighboring properties to outline policies and 8 goals for the management of vegetation and other activities that impact 9 neighboring properties under the control of such commuter rail compa- 10 nies. The purpose of such policy is to detail commuter rail management 11 practices with respect to vegetation management actions and other 12 actions that impact neighboring properties, and coordination and commu- 13 nication regarding such actions with local governments and neighborhoods 14 near commuter rail properties in furtherance of the safety and efficien- 15 cy of commuter rail operations. Such policy shall: 16 (a) be consistent with existing regulations promulgated by the Federal 17 Railroad Administration or any other federal laws, rules or regulations 18 governing vegetation management or other activities that impact neigh- 19 boring properties by a commuter rail company; 20 (b) include guidelines for communication with local governments and 21 property owners neighboring commuter rail properties that would be 22 impacted by vegetation management actions and other actions that impact 23 neighboring property; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03774-01-3S. 2969 2 1 (c) be consistent with safety and efficiency requirements of the 2 commuter rail lines; 3 (d) provide guidance that such actions consider the impact on neigh- 4 boring properties and communities and include a goal of minimizing nega- 5 tive impacts where possible; 6 (e) provide that vegetation removal and management policies should 7 consider the impact on neighboring properties consistent with the opera- 8 tional responsibilities of the commuter rail lines; 9 (f) provide for meaningful prior written notice, when reasonably prac- 10 ticable, of any significant vegetation management activity or other 11 significant activities that impact neighboring properties to impacted 12 stakeholders in the communities affected by such activities, including 13 but not limited to (1) the community board or elected representatives 14 representing all municipalities encompassing land subject to such activ- 15 ities, (2) county and state elected representatives representing 16 districts encompassing land subject to such activities or contiguous to 17 a district that contains areas affected by such activities, (3) the 18 executive of the county in which such activity occurs, (4) any neighbor- 19 hood association or similar organization representing a neighborhood 20 subject to such activities or adjacent to such activities, and (5) 21 persons residing or owning property adjacent to the sites of such activ- 22 ities; and 23 (g) require consideration of any impact on flooding to neighboring 24 properties as a result of any vegetation management or other activities 25 that impact neighboring properties taken pursuant to the policy. 26 § 2. This act shall take effect on the one hundred eightieth day after 27 it shall have become a law. Effective immediately, the addition, amend- 28 ment and/or repeal of any rule or regulation necessary for the implemen- 29 tation of this act on its effective date are authorized to be made and 30 completed on or before such effective date.
