S T A T E O F N E W Y O R K
________________________________________________________________________
S. 4970--A A. 7857--A
2009-2010 Regular Sessions
S E N A T E - A S S E M B L Y
April 27, 2009
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IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Environmental
Conservation -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. ENGLEBRIGHT, ALESSI, THIELE --
read once and referred to the Committee on Environmental Conservation
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to
prescribed burning in the Long Island central pine barrens
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature finds that the appli-
cation of prescribed burning is a land management tool that benefits the
safety of the public, the environment, and the economy of the state.
1. Prescribed burning reduces vegetative fuels within wild land areas.
Reduction of the fuel load reduces the risk and severity of wildfire,
thereby reducing the threat of loss of life and property, particularly
in urban areas.
2. The Long Island Pine Barrens maritime reserve requires periodic
fire for maintenance of their ecological integrity. Prescribed burning
is essential to the perpetuation, restoration, and management of many
plant and animal communities. Significant loss of the Central Pine
Barrens biological diversity will occur if fire is excluded from fire-
dependent systems.
3. The reserve constitutes significant economic, biological, and
aesthetic resources of statewide importance. Prescribed burning provides
for reforestation, removes undesirable competing vegetation, expedites
nutrient cycling, and controls or eliminates certain forest pathogens.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11152-04-9
S. 4970--A 2 A. 7857--A
4. The state and local government have preserved thousands of acres
of land within the reserve for parks, preserves, wildlife management
areas, groundwater recharge, and other public purposes. The use of
prescribed burning for management of public lands is essential to main-
tain the specific resource values for which these lands were acquired.
5. Public education is necessary to make citizens and visitors aware
of the public safety, resource, and economic benefits of prescribed
burning.
6. Proper training in accordance with department of environmental
conservation standards in the use of prescribed burning is necessary to
ensure maximum benefits and protection for the public.
7. As Long Island's population continues to grow, pressures from
liability issues and nuisance complaints inhibit the use of prescribed
burning. Therefore, the department of environmental conservation is
urged to maximize the opportunities for prescribed burning.
S 2. The environmental conservation law is amended by adding a new
section 57-0124 to read as follows:
S 57-0124. PRESCRIBED BURNS AUTHORIZED BY THE DEPARTMENT.
1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(A) "PRESCRIBED BURNING" MEANS THE CONTROLLED APPLICATION OF FIRE IN
ACCORDANCE WITH A WRITTEN PRESCRIPTION FOR VEGETATIVE FUELS UNDER SPECI-
FIED ENVIRONMENTAL CONDITIONS FOR PURPOSES INCLUDING, BUT NOT LIMITED
TO, SILVICULTURE, WILDLIFE MANAGEMENT, HABITAT MANAGEMENT, INSECT AND/OR
DISEASE CONTROL AND FOREST FUEL REDUCTION.
(B) "CERTIFIED PRESCRIBED BURN MANAGER" MEANS AN INDIVIDUAL WHO IS
CERTIFIED TO CONDUCT PRESCRIBED BURNING BY THE DEPARTMENT.
(C) "PRESCRIPTION" MEANS A WRITTEN PLAN ESTABLISHING THE CRITERIA
NECESSARY FOR STARTING, CONTROLLING, AND EXTINGUISHING A PRESCRIBED
BURN. CONTENT REQUIREMENTS ARE DETAILED IN THE NEW YORK STATE CODES,
RULES AND REGULATIONS TITLE 6 ECL PART 194-FOREST PRACTICES.
(D) "EXTINGUISHED" MEANS THAT NO SPREADING FLAME FOR WILD LAND BURNING
OR CERTIFIED PRESCRIBED BURNING, AND NO VISIBLE FLAME, SMOKE, OR EMIS-
SIONS FOR VEGETATIVE LAND-CLEARING DEBRIS BURNING, EXIST.
(E) "RESERVE" MEANS THE LONG ISLAND PINE BARRENS MARITIME RESERVE
ESTABLISHED PURSUANT TO SECTION 57-0109 OF THIS TITLE.
(F) "MECHANICAL TREATMENT" MEANS THE CUTTING, PRUNING, MOWING, REAR-
RANGEMENT, OR SIMILAR METHOD OF ALTERING, REDUCING AND/OR REMOVING VEGE-
TATIVE FUELS TO REDUCE FIRE INTENSITY.
(G) "CHEMICAL TREATMENT" MEANS THE SPRAYING, INJECTING, PAINTING OR
OTHER APPLICATION OF HERBICIDE TO REDUCE AND/OR ELIMINATE THE GROWTH OR
RE-GROWTH OF UNDESIRABLE PLANTS, VEGETATIVE FUELS, OR PESTS AND PATHO-
GENS.
(H) "PERSON" SHALL MEAN AN INDIVIDUAL, ORGANIZATION, CORPORATION,
STATE AGENCY OTHER THAN THE DEPARTMENT, PUBLIC AUTHORITY, COUNTY, TOWN,
VILLAGE, CITY, MUNICIPAL AGENCY OR OTHER PRIVATE FOREST LANDOWNER.
2. CERTIFIED PRESCRIBED BURNING. (A) CERTIFIED PRESCRIBED BURNING
WITHIN THE RESERVE SHALL BE CONDUCTED IN ACCORDANCE WITH THIS SECTION
AND:
(I) MAY BE ACCOMPLISHED ONLY WHEN A CERTIFIED PRESCRIBED BURN MANAGER
IS PRESENT ON SITE WITH A COPY OF THE PRESCRIPTION FROM IGNITION OF THE
BURN TO ITS COMPLETION AS DETAILED IN THE APPROVED PRESCRIPTION;
(II) REQUIRES THAT A WRITTEN PRESCRIPTION BE PREPARED BEFORE RECEIVING
AUTHORIZATION TO BURN FROM THE DEPARTMENT;
(III) REQUIRES THAT THE SPECIFIC CONSENT OF THE LANDOWNER OR HIS OR
HER DESIGNEE BE OBTAINED BEFORE REQUESTING AN AUTHORIZATION;
S. 4970--A 3 A. 7857--A
(IV) REQUIRES THAT AN AUTHORIZATION TO BURN BE OBTAINED FROM THE
DEPARTMENT BEFORE IGNITING THE BURN;
(V) REQUIRES THAT THERE BE ADEQUATE CONTROL LINES AT THE BURN SITE AND
SUFFICIENT PERSONNEL AND FIREFIGHTING EQUIPMENT FOR THE CONTROL OF THE
FIRE AS DETAILED IN THE APPROVED PRESCRIPTION;
(VI) ADDITIONAL MECHANICAL AND CHEMICAL TREATMENT MAY BE CONDUCTED
THROUGHOUT THE SITE TO TREAT VEGETATIVE FUELS PRIOR TO BURNING IN ORDER
TO REDUCE RISKS TO OPERATIONS AND THE PUBLIC AND/OR TO RESTORE ECOSYSTEM
HEALTH AND VITALITY; AND
(VII) IS CONSIDERED TO BE IN THE PUBLIC INTEREST AND DOES NOT CONSTI-
TUTE A PUBLIC OR PRIVATE NUISANCE WHEN CONDUCTED UNDER APPLICABLE STATE
STATUTES AND RULES.
(B) NO PERSON SHALL BE LIABLE FOR DAMAGE OR INJURY CAUSED BY THE FIRE
OR RESULTING SMOKE OR CONSIDERED TO BE IN VIOLATION OF THIS SECTION FOR
BURNS CONDUCTED IN ACCORDANCE WITH THIS SUBDIVISION UNLESS GROSS NEGLI-
GENCE IS PROVEN.
(C) THE DEPARTMENT SHALL ADOPT RULES OR REGULATIONS NECESSARY FOR
CERTIFYING AND DECERTIFYING CERTIFIED PRESCRIBED BURN MANAGERS BASED ON
SUCH PERSONS' PAST EXPERIENCE, TRAINING AND RECORD OF COMPLIANCE WITH
THIS SECTION.
3. WILDFIRE HAZARD REDUCTION TREATMENT. THE DEPARTMENT MAY CONDUCT
FUEL REDUCTION INITIATIVES, INCLUDING, BUT NOT LIMITED TO, BURNING AND
MECHANICAL AND CHEMICAL TREATMENT, IN AREAS WHICH ARE REASONABLY DETER-
MINED TO BE IN DANGER OF WILDFIRE IN ACCORDANCE WITH THE FOLLOWING
PROCEDURES:
(A) DESCRIBE THE AREAS THAT WILL RECEIVE FUELS TREATMENT TO THE
AFFECTED GOVERNMENTAL ENTITY.
(B) PUBLISH A TREATMENT NOTICE, INCLUDING A DESCRIPTION OF THE AREA TO
BE TREATED, IN A CONSPICUOUS MANNER IN AT LEAST ONE NEWSPAPER OF GENERAL
CIRCULATION IN THE AREA OF THE TREATMENT NOT LESS THAN TEN DAYS BEFORE
THE TREATMENT.
4. DUTIES OF AGENCIES. THE DEPARTMENT SHALL INCORPORATE, WHERE FEASI-
BLE AND APPROPRIATE, THE ISSUES OF FUELS TREATMENT, INCLUDING PRESCRIBED
BURNING, INTO ITS EDUCATIONAL MATERIALS.
S 3. This act shall take effect immediately.