NY State Senate Bill 2021-S9432

Senate Bill S9432

Vetoed By Governor

2021-2022 Legislative Session

Relates to the metropolitan commuter transportation authority establishing and implementing a vegetation management policy

download bill text pdf

Archive: Last Bill Status - Vetoed by Governor

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 23, 2022	vetoed memo.175
Dec 12, 2022	delivered to governor
Jun 03, 2022	returned to senate passed assembly ordered to third reading rules cal.771 substituted for a8659b
Jun 01, 2022	referred to ways and means delivered to assembly passed senate
May 31, 2022	ordered to third reading cal.1736 committee discharged and committed to rules
May 27, 2022	referred to transportation

Votes

- Jun 1, 2022 - Floor Vote
  S9432
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2022
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Jun 1, 2022 - Rules Committee Vote
  S9432
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 1, 2022
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
  May 31, 2022 - Rules Committee Vote
  S9432
  
  17
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 31, 2022
      
      aye (17)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Ritchie
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
      
      aye wr (3)
      
      Griffo
      
      Lanza
      
      Ortt
      
      absent (1)
      
      O'Mara

co-Sponsors

2021-S9432 (ACTIVE) - Details

See Assembly Version of this Bill:: A8659
Law Section:: Public Authorities Law
Laws Affected:: Amd §1266, Pub Auth L
Versions Introduced in 2023-2024 Legislative Session:: S2969, A5230

2021-S9432 (ACTIVE) - Summary

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.

2021-S9432 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9432

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to the metropol-
itan commuter transportation authority establishing and implementing a
vegetation management policy

 
PURPOSE OR GENERAL IDEA OF BILL:

To preserve the value of green space to communities and to provide for
more thoughtful vegetation management and handling of other activities
that impact neighboring properties in MTA rights-of-way by requiring the
MTA to establish a new policy which includes guidelines and processes
for vegetation management and community engagement.

 
SUMMARY OF PROVISIONS:

Section 1 requires the Metropolitan Transportation Authority, the Long
Island Rail Road, and Metro-North Commuter Railroad Company to implement
a policy for responsible management of vegetation and other activities

that impact neighboring communities that:

(i) Is consistent with applicable federal law;

(ii) Includes guidelines for communication with local governments and
property owners affected by vegetation management activities;

(iii) Is consistent with commuter rail safety and efficiency guidelines;

(iv) Provides guidance for considering impacts on neighboring properties
and communities, including a goal of minimizing impacts;

(v) Provides that vegetation management activity impact assessment be
consistent with operational responsibilities of the commuter rail lines;

(vi) Requires meaningful prior written notice to impacted stakeholders;
and

(vii) Requires consideration of any impacts on flooding as a result of
any activities covered by the policy.

Section 2 sets the effective date.

 
JUSTIFICATION:

In May of 2021, Metro North engaged in widespread and gratuitous clear-
cutting of vegetated land near the New Haven Line tracks and made other
land modifications that negatively affected neighboring properties. The
extent of the damage was dramatic and far in excess of what was neces-
sary to limit the hazards posed by trees that might fall.  Consequences
of such actions to local communities included increased noise and air
pollution, elimination of visual barriers that provided privacy to those
living nearby, exacerbation of flooding risk, and damaged property
values. In addition, Metro North failed to give adequate notice to
affected communities.


Unfortunately, this is not an isolated incident. This 1egiql4tion will
ensure that this type of destruction does not happen again in Mamaroneck
or anywhere else by requiring the MTA and its partners to engage in more
selective and thoughtful vegetation management, and implementation of
other activities affecting neighboring properties, in a manner consist-
ent with its obligations to act as a good neighbor, and by communicating
with affected communities in advance.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
The provisions of the bill shall take effect 180 days after becoming
law.

2021-S9432 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9432
 
                             I N  S E N A T E
 
                               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:
 
   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  POLICY  FOR RESPONSIBLE MANAGEMENT OF VEGETATION AND OTHER
 ACTIVITIES THAT IMPACT NEIGHBORING PROPERTIES TO  OUTLINE  POLICIES  AND
 GOALS  FOR THE MANAGEMENT OF VEGETATION AND OTHER ACTIVITIES THAT IMPACT
 NEIGHBORING PROPERTIES UNDER THE CONTROL OF SUCH  COMMUTER  RAIL  COMPA-
 NIES.  THE  PURPOSE OF SUCH POLICY IS TO DETAIL COMMUTER RAIL MANAGEMENT
 PRACTICES WITH  RESPECT  TO  VEGETATION  MANAGEMENT  ACTIONS  AND  OTHER
 ACTIONS  THAT IMPACT NEIGHBORING PROPERTIES, AND COORDINATION AND COMMU-
 NICATION REGARDING SUCH ACTIONS WITH LOCAL GOVERNMENTS AND NEIGHBORHOODS
 NEAR COMMUTER RAIL PROPERTIES IN FURTHERANCE OF THE SAFETY AND EFFICIEN-
 CY OF COMMUTER RAIL OPERATIONS.  SUCH POLICY SHALL:
   (A) BE CONSISTENT WITH EXISTING REGULATIONS PROMULGATED BY THE FEDERAL
 RAILROAD ADMINISTRATION OR ANY OTHER FEDERAL LAWS, RULES OR  REGULATIONS
 GOVERNING  VEGETATION  MANAGEMENT OR OTHER ACTIVITIES THAT IMPACT NEIGH-
 BORING PROPERTIES BY A COMMUTER RAIL COMPANY;
   (B) INCLUDE GUIDELINES FOR COMMUNICATION WITH  LOCAL  GOVERNMENTS  AND
 PROPERTY  OWNERS  NEIGHBORING  COMMUTER  RAIL  PROPERTIES  THAT WOULD BE
 IMPACTED BY VEGETATION MANAGEMENT ACTIONS AND OTHER ACTIONS THAT  IMPACT
 NEIGHBORING PROPERTY;
   (C)  BE  CONSISTENT  WITH  SAFETY  AND  EFFICIENCY REQUIREMENTS OF THE
 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

 
   (D) 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;
   (E)  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;
   (F) PROVIDE FOR MEANINGFUL PRIOR WRITTEN NOTICE, WHEN REASONABLY PRAC-
 TICABLE, OF ANY SIGNIFICANT  VEGETATION  MANAGEMENT  ACTIVITY  OR  OTHER
 SIGNIFICANT  ACTIVITIES  THAT  IMPACT NEIGHBORING PROPERTIES TO IMPACTED
 STAKEHOLDERS IN THE COMMUNITIES AFFECTED BY SUCH  ACTIVITIES,  INCLUDING
 BUT  NOT  LIMITED  TO (1) THE COMMUNITY BOARD OR ELECTED REPRESENTATIVES
 REPRESENTING ALL MUNICIPALITIES ENCOMPASSING LAND SUBJECT TO SUCH ACTIV-
 ITIES,  (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, (4) ANY NEIGHBOR-
 HOOD  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 ACTIV-
 ITIES; AND
   (G)  REQUIRE  CONSIDERATION  OF  ANY IMPACT ON FLOODING TO NEIGHBORING
 PROPERTIES AS A RESULT OF ANY VEGETATION MANAGEMENT OR OTHER  ACTIVITIES
 THAT IMPACT NEIGHBORING PROPERTIES 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S9432

Share this bill

Sponsored By

Shelley B. Mayer