NY State Senate Bill 2015-S8197

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 21, 2016	referred to rules

co-Sponsors

2015-S8197 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: General Municipal Law
Laws Affected:: Amd §96-b, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1811
2019-2020: S575
2021-2022: S5094
2023-2024: S5709

2015-S8197 (ACTIVE) - Summary

Relates to biodiversity in planting projects; requires municipalities to follow the 10-20-30 principle for planting projects.

2015-S8197 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8197

 TITLE OF BILL :  An act to amend the general municipal law, in
relation to biodiversity in planting projects

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to ensure genetic biodiversity in replant
projects to prevent future threat of disease or environment loss.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one of the bill amends section 96-b of the general municipal
law to amend subdivision I and add a subdivision 3 to recognize the
importance of genetic biodiversity in communities and require that
local planting projects follow the 10-20-30 rule to plant no more than
ten percent of any one species, twenty percent of any one genus, or
thirty percent of any one family.

Section two establishes the effective date.

 JUSTIFICATION :

Increasingly, the devastating effects of the emerald ash borer species
have been reported and documented since its first discovery in 2002 in
Michigan. New York is home to an estimated 900 million ash trees,

which play a structural roles in the various ecosystems around the
state and whose loss would lead to environment eradication.  The
critical nature of ensuring genetic biodiversity in the environment
has been recognized throughout the country as well as around the
world. Genetic diversity is achieved by genetic variation within as
well as between populations and guarantees a defense to harmful or
invasive species. The healthier an ecosystem is, the better it can
withstand and recover from a variety of disasters.

At this point, with the risk of emerald ash borer to New York ash
trees well documented, the DEC maintains a statewide watch of
infection sites as well as quarantine areas. With the implementation
of a defensive planting plan, municipalities will be able to replant
communities and have a fighting chance in avoiding other invasive
species. The 10/20/30 rule ensures that a healthy amount of diversity
is present by following a plan of no more than ten percent of any one
species, twenty percent of any one genus, or thirty percent of any one
family.

Finally, this bill would not be effective until the latter of January
1, 2019 or 270 days after signed into law to allow regional tree
nurseries the time to supply the variety of saplings that
municipalities may need.

 PRIOR LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the latter of January 1, 2019 or 270
days after signed into law.

2015-S8197 (ACTIVE) - Bill Text download pdf

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

                                  8197

                            I N  S E N A T E

                           September 21, 2016
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the general municipal law, in relation  to  biodiversity
  in planting projects

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 96-b of the general  municipal  law,  as  added  by
chapter 686 of the laws of 1978, is amended to read as follows:
  S 96-b. Tree conservation.  1. The legislature hereby finds that there
is a direct relationship between the planting of trees, shrubs and asso-
ciated  vegetation  in  sufficient  number  in  populated  areas and the
health, safety, and welfare  of  communities,  and  as  related  to  the
natural,  scenic,  and  aesthetic  values  of trees and the physical and
visual qualities of the environment which municipalities are  authorized
to protect. Trees and such vegetation abate noise, provide welcome shade
to  people, preserve the balance of oxygen in the air by removing carbon
dioxide and fostering air quality, and add color and  verdure  to  human
construction.  They  also stabilize the soil and control water pollution
by preventing soil erosion and flooding, yield advantageous microclimat-
ic effects, and provide a natural habitat for wildlife.  The destructive
and indiscriminate  removal  of  trees  and  related  vegetation  causes
increased municipal costs for proper drainage control, impairs the bene-
fits  of  occupancy  of  existing residential properties and impairs the
stability and value of both improved and unimproved real property in the
area of destruction, and  adversely  affects  the  health,  safety,  and
general  welfare  of  the  inhabitants  of the state. HOWEVER, WHEN TREE
REMOVAL IS NECESSARY TO STOP  THE  SPREAD  OF  INVASIVE  SPECIES  IT  IS
CRUCIAL  THAT  MUNICIPALITIES  REPLANT  LOST TREES AND VEGETATION, WHILE
MAINTAINING BIODIVERSITY IN PLANTING  PROJECTS  TO  AVOID  FUTURE  LOSS.
BIODIVERSITY  ENSURES RESISTANCE AGAINST MASS SUSCEPTIBILITY TO INVASIVE
SPECIES.
  2. In addition to any power or authority of a municipal corporation to
regulate by planning or zoning laws or regulations or by local laws  and
regulations,  the  local  legislative  body of any county, city, town or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD16034-02-6

S. 8197                             2

village is hereby empowered to provide for the protection and  conserva-
tion of trees and related vegetation.  Such legislative body may require
appropriate  conditions applicable to any activity involving the removal
or  destruction  of  trees  or the substantial alteration of grade level
around trees may  include,  where  appropriate,  requirements  that  the
activity be done as specified in an approved landscape plan and that the
removed  trees  be  replaced  by  the  planting of the same or alternate
species of trees, and may provide,  in  connection  therewith,  required
plantings  for  screening purposes. Such regulations, special conditions
and restrictions, adopted in the exercise of the police power, shall  be
reasonable and appropriate to the purpose.  The municipality may require
the  posting  of  a  performance  bond  to  assure  compliance with this
section. All charges and expenses incurred under this section by a  town
shall  be  a  charge  upon the taxable property of that part of the town
outside any incorporated village.
  3. WHEN A MUNICIPALITY, PARKS DEPARTMENT, HIGHWAY DEPARTMENT, OR OTHER
LOCAL ENTITY UNDERTAKES A TREE PLANTING  PROJECT  IN  PUBLIC  LOCATIONS,
THEY  SHALL  SELECT  AND  PLANT  BIOLOGICALLY DIVERSE TYPES OF TREES. TO
SATISFY SUFFICIENT  BIODIVERSITY,  THE  MUNICIPALITY  SHALL  FOLLOW  THE
10-20-30  PRINCIPLE  WHEN  THE  MUNICIPALITY  IS  PLANTING  NEW TREES OR
REPLANTING IN AN AREA. THE 10-20-30 PRINCIPLE STATES THAT A  TREE  POPU-
LATION SHALL INCLUDE NO MORE THAN TEN PERCENT OF ANY ONE SPECIES, TWENTY
PERCENT  OF  ANY  ONE  GENUS,  OR THIRTY PERCENT OF ANY ONE FAMILY. THIS
PERCENTAGE SHALL BE MEASURED BY THE TREE POPULATION AS A WHOLE,  NOT  BY
ANY ONE PLANTING PROJECT SOLELY.
  S  2. This act shall take effect January 1, 2019 or on the two hundred
seventieth day after it shall have become a law, whichever is later.

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Senate Bill S8197

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

2015-S8197 (ACTIVE) - Details

2015-S8197 (ACTIVE) - Summary

2015-S8197 (ACTIVE) - Sponsor Memo

2015-S8197 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8197

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Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

Bill Perkins

2015-S8197 (ACTIVE) - Details

2015-S8197 (ACTIVE) - Summary

2015-S8197 (ACTIVE) - Sponsor Memo

2015-S8197 (ACTIVE) - Bill Text download pdf

Comments