Bill Text: NY S09432 | 2021-2022 | General Assembly | Introduced

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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 2-0)

Status: (Vetoed) 2022-12-23 - VETOED MEMO.175 [S09432 Detail]

Download: New_York-2021-S09432-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9432

                    IN SENATE

                                      May 27, 2022
                                       ___________

        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;
    24    (c)  be  consistent  with  safety  and  efficiency requirements of the
    25  commuter rail lines;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13140-09-2
        S. 9432                             2

     1    (d) provide guidance that such actions consider the impact  on  neigh-
     2  boring properties and communities and include a goal of minimizing nega-
     3  tive impacts where possible;
     4    (e)  provide  that  vegetation  removal and management policies should
     5  consider the impact on neighboring properties consistent with the opera-
     6  tional responsibilities of the commuter rail lines;
     7    (f) provide for meaningful prior written notice, when reasonably prac-
     8  ticable, of any significant  vegetation  management  activity  or  other
     9  significant  activities  that  impact neighboring properties to impacted
    10  stakeholders in the communities affected by such  activities,  including
    11  but  not  limited  to (1) the community board or elected representatives
    12  representing all municipalities encompassing land subject to such activ-
    13  ities,  (2)  county  and  state  elected  representatives   representing
    14  districts  encompassing land subject to such activities or contiguous to
    15  a district that contains areas affected  by  such  activities,  (3)  the
    16  executive of the county in which such activity occurs, (4) any neighbor-
    17  hood  association  or  similar  organization representing a neighborhood
    18  subject to such activities or  adjacent  to  such  activities,  and  (5)
    19  persons residing or owning property adjacent to the sites of such activ-
    20  ities; and
    21    (g)  require  consideration  of  any impact on flooding to neighboring
    22  properties as a result of any vegetation management or other  activities
    23  that impact neighboring properties taken pursuant to the policy.
    24    § 2. This act shall take effect on the one hundred eightieth day after
    25  it  shall have become a law. Effective immediately, the addition, amend-
    26  ment and/or repeal of any rule or regulation necessary for the implemen-
    27  tation of this act on its effective date are authorized to be  made  and
    28  completed on or before such effective date.