S T A T E   O F   N E W   Y O R K
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    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
                               ___________

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

              

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  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.