S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8659
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced  by  M. of A. OTIS -- read once and referred to the Committee
   on Corporations, Authorities and Commissions
 
 AN ACT to amend the public authorities law, in relation to the metropol-
   itan commuter transportation authority establishing and implementing a
   land management policy
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1266 of the public authorities law is amended by
 adding a new subdivision 20 to read as follows:
   20. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW OR THE  TERMS  OF  ANY
 CONTRACT,  THE AUTHORITY, IN CONSULTATION WITH THE LONG ISLAND RAIL ROAD
 AND THE METRO-NORTH  COMMUTER  RAILROAD  COMPANY,  SHALL  ESTABLISH  AND
 IMPLEMENT A RESPONSIBLE LAND MANAGEMENT POLICY FOR THE PURPOSE OF REMOV-
 ING,  TRIMMING  OR  CUTTING  BACK ANY TREE, SHRUB OR OTHER VEGETATION TO
 PRESERVE THE SAFETY AND EFFICIENCY OF COMMUTER RAIL OPERATIONS.
   (A) SUCH POLICY SHALL, AT A MINIMUM:
   (I) PROMOTE THE GROWTH AND CONSERVATION  OF  NATIVE  BIODIVERSITY  AND
 PROTECT NATIVE ECOSYSTEMS AGAINST LOSSES THAT RESULT FROM CLEAR-CUTTING;
   (II)  PROHIBIT  CLEAR-CUTTING  UNLESS OTHERWISE REQUIRED BY LAW, REGU-
 LATION OR ORDER, THE TERMS OF ANY  CONTRACT,  TO  PREVENT  THE  IMMINENT
 THREAT  OF  HARM  TO  PERSONS OR PROPERTY, OR TO PREVENT OR MITIGATE THE
 HARM OR DAMAGE CAUSED BY DAMAGED OR DISEASED  TREES,  SHRUBS,  OR  OTHER
 VEGETATION;
   (III)  REQUIRE  ADEQUATE  COMMUNICATION  OF ANY CLEAR-CUTTING OR VEGE-
 TATION MANAGEMENT ACTIVITY TO IMPACTED STAKEHOLDERS IN  THE  COMMUNITIES
 AFFECTED  BY  SUCH  ACTIVITIES,  INCLUDING BUT NOT LIMITED TO FORTY-FIVE
 DAYS' WRITTEN NOTICE PRIOR TO THE COMMENCEMENT OF SUCH ACTIVITIES TO (1)
 THE COMMUNITY BOARD OR ELECTED REPRESENTATIVES REPRESENTING ALL  MUNICI-
 PALITIES  ENCOMPASSING  LAND  SUBJECT TO SUCH ACTIVITIES, (2) COUNTY AND
 STATE ELECTED REPRESENTATIVES REPRESENTING DISTRICTS  ENCOMPASSING  LAND
 SUBJECT  TO  SUCH  ACTIVITIES  OR CONTIGUOUS TO A DISTRICT THAT CONTAINS
 AREAS AFFECTED BY SUCH ACTIVITIES, (3) THE EXECUTIVE OF  THE  COUNTY  IN
 WHICH  SUCH  ACTIVITY  OCCURS,  AND  (4) ANY NEIGHBORHOOD ASSOCIATION OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13140-01-1
              

 A. 8659                             2
 
 SIMILAR ORGANIZATION REPRESENTING A NEIGHBORHOOD SUBJECT TO SUCH  ACTIV-
 ITIES OR ADJACENT TO SUCH ACTIVITIES;
   (IV) INCLUDE ADEQUATE CONSULTATION WITH IMPACTED STAKEHOLDERS, INCLUD-
 ING  BUT  NOT  LIMITED TO THE COMMUNITY BOARD OR ELECTED REPRESENTATIVES
 REPRESENTING ALL MUNICIPALITIES ENCOMPASSING LAND SUBJECT TO  CLEAR-CUT-
 TING  OR  OTHER  VEGETATION  MANAGEMENT  ACTIVITIES AND ANY NEIGHBORHOOD
 ASSOCIATION OR SIMILAR ORGANIZATION REPRESENTING A NEIGHBORHOOD  SUBJECT
 TO  SUCH  ACTIVITIES  OR ADJACENT TO SUCH ACTIVITIES, OF LAND MANAGEMENT
 ACTIONS TAKEN TO PROMOTE THE GROWTH AND CONSERVATION OF NATIVE BIODIVER-
 SITY UNDERTAKEN PURSUANT TO THE POLICY, INCLUDING  BUT  NOT  LIMITED  TO
 ADDITIONAL  TREE,  SHRUB, OR VEGETATION PLANTING, OFFSETS, OR MITIGATION
 ACTIONS; AND
   (V) REQUIRE CONSIDERATION OF ANY IMPACT ON FLOODING AS A RESULT OF ANY
 VEGETATION MANAGEMENT ACTIVITIES TAKEN PURSUANT TO THE POLICY.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (I)  "NATIVE  BIODIVERSITY"  SHALL  MEAN THE FULL RANGE OF VARIETY AND
 VARIABILITY  WITHIN  AND  AMONG  LIVING  ORGANISMS  AND  THE  ECOLOGICAL
 COMPLEXES  IN  WHICH  THEY WOULD HAVE OCCURRED IN THE ABSENCE OF SIGNIF-
 ICANT HUMAN IMPACT, AND ENCOMPASSES DIVERSITY WITHIN A SPECIES, WITHIN A
 COMMUNITY OF SPECIES, AND BETWEEN COMMUNITIES OF SPECIES, WITHIN A TOTAL
 AREA. THIS INCLUDES VERTICAL AND HORIZONTAL DIVERSITY.
   (II) "CLEAR-CUTTING" SHALL MEAN THE REMOVAL  OF  ALL  TREES  OR  OTHER
 VEGETATION  IN  A  PATCH OR STAND, OR OTHER BROAD SCALE REMOVAL OF VEGE-
 TATION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8659--A
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced  by  M. of A. OTIS -- read once and referred to the Committee
   on Corporations, Authorities and Commissions -- reported and  referred
   to  the  Committee  on  Ways  and  Means -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN ACT to amend the public authorities law, in relation to the metropol-
   itan commuter transportation authority establishing and implementing a
   land and vegetation management policy
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1266 of the public authorities law  is  amended  by
 adding a new subdivision 20 to read as follows:
   20.  NOTWITHSTANDING  ANY  OTHER PROVISIONS OF LAW OR THE TERMS OF ANY
 CONTRACT, THE AUTHORITY, IN CONSULTATION WITH THE LONG ISLAND RAIL  ROAD
 AND  THE  METRO-NORTH  COMMUTER  RAILROAD  COMPANY,  SHALL ESTABLISH AND
 IMPLEMENT A RESPONSIBLE LAND AND VEGETATION MANAGEMENT POLICY TO OUTLINE
 POLICIES AND GOALS FOR THE MANAGEMENT OF LAND UNDER THE CONTROL OF  SUCH
 COMMUTER  RAIL COMPANIES. THE PURPOSE OF SUCH POLICY IS TO DETAIL COMMU-
 TER RAIL MANAGEMENT PRACTICES WITH RESPECT TO LAND  USE  AND  VEGETATION
 MANAGEMENT  ACTIONS,  AND  COORDINATION AND COMMUNICATION REGARDING SUCH
 ACTIONS WITH LOCAL GOVERNMENTS  AND  NEIGHBORHOODS  NEAR  COMMUTER  RAIL
 PROPERTIES  IN FURTHERANCE OF THE SAFETY AND EFFICIENCY OF COMMUTER RAIL
 OPERATIONS.  SUCH POLICY SHALL:
   (A) INCLUDE GUIDELINES FOR COMMUNICATION WITH  LOCAL  GOVERNMENTS  AND
 PROPERTY  OWNERS  NEAR COMMUTER RAIL PROPERTIES OR PROPERTIES THAT WOULD
 BE AFFECTED BY CHANGES IN LAND USE AND VEGETATION MANAGEMENT;
   (B) BE CONSISTENT WITH  SAFETY  AND  EFFICIENCY  REQUIREMENTS  OF  THE
 COMMUTER RAIL LINES;
   (C)  PROVIDE  GUIDANCE THAT SUCH ACTIONS CONSIDER THE IMPACT ON NEIGH-
 BORING PROPERTIES AND COMMUNITIES AND INCLUDE A GOAL OF MINIMIZING NEGA-
 TIVE IMPACTS WHERE POSSIBLE;
   (D) PROVIDE THAT VEGETATION REMOVAL  AND  MANAGEMENT  POLICIES  SHOULD
 CONSIDER THE IMPACT ON NEIGHBORING PROPERTIES CONSISTENT WITH THE OPERA-
 TIONAL RESPONSIBILITIES OF THE COMMUTER RAIL LINES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13140-03-2
 A. 8659--A                          2
 
   (E) PROVIDE FOR MEANINGFUL PRIOR WRITTEN NOTICE, WHEN REASONABLY PRAC-
 TICABLE,  OF  ANY  SIGNIFICANT  VEGETATION  MANAGEMENT ACTIVITY OR OTHER
 SIGNIFICANT LAND OR INFRASTRUCTURE MODIFICATION TO IMPACTED STAKEHOLDERS
 IN THE COMMUNITIES AFFECTED BY SUCH ACTIVITIES, INCLUDING BUT NOT LIMIT-
 ED  TO  (1)  THE COMMUNITY BOARD OR ELECTED REPRESENTATIVES REPRESENTING
 ALL MUNICIPALITIES ENCOMPASSING LAND SUBJECT  TO  SUCH  ACTIVITIES,  (2)
 COUNTY  AND  STATE ELECTED REPRESENTATIVES REPRESENTING DISTRICTS ENCOM-
 PASSING LAND SUBJECT TO SUCH ACTIVITIES OR CONTIGUOUS TO A DISTRICT THAT
 CONTAINS AREAS AFFECTED BY SUCH ACTIVITIES, (3)  THE  EXECUTIVE  OF  THE
 COUNTY  IN  WHICH SUCH ACTIVITY OCCURS, (4) ANY NEIGHBORHOOD ASSOCIATION
 OR SIMILAR ORGANIZATION REPRESENTING  A  NEIGHBORHOOD  SUBJECT  TO  SUCH
 ACTIVITIES  OR  ADJACENT TO SUCH ACTIVITIES, AND (5) PERSONS RESIDING OR
 OWNING PROPERTY ADJACENT TO THE SITES OF SUCH ACTIVITIES; AND
   (F) REQUIRE CONSIDERATION OF ANY IMPACT ON FLOODING AS A RESULT OF ANY
 VEGETATION OR LAND MANAGEMENT ACTIVITIES TAKEN PURSUANT TO THE POLICY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.