S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5230
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 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
   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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03774-01-3
 A. 5230                             2
              

 
   (C)  BE  CONSISTENT  WITH  SAFETY  AND  EFFICIENCY REQUIREMENTS OF THE
 COMMUTER RAIL LINES;
   (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.