NY State Senate Bill 2023-S2969

Senate Bill S2969

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status - In Senate Committee Transportation 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to transportation
Jan 26, 2023	referred to transportation

2023-S2969 (ACTIVE) - Details

See Assembly Version of this Bill:: A5230
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §1266, Pub Auth L
Versions Introduced in 2021-2022 Legislative Session:: S7427, S9432, A8659

2023-S2969 (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.

2023-S2969 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2969

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 OR 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 the Metro-North Commuter Railroad 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 assessments 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 Railroad engaged in widespread and seemingly
gratuitous clear-cutting of vegetated land near the New Haven Line
tracks and made other land modifications that negatively affected neigh-
boring properties. The extent of the damage was dramatic and far in
excess of what was necessary to limit the hazards posed by trees that
might fall. The impacts of these actions on local communities included
increased noise and air pollution, elimination of visual barriers that
provide privacy to those living nearby, exacerbation of flooding risk,
and decreased property values. In addition, Metro-North failed to give
adequate notice to affected communities. Unfortunately, this is not an
isolated incident.

This legislation will ensure that this type of destruction does not
happen again in Westchester or elsewhere by requiring the MTA and its
operating agencies to engage in more selective and thoughtful vegetation
management, and to implement other activities affecting neighboring
properties in a manner consistent with their obligations to act as good
neighbors, and by requiring communication with affected communities in
advance.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S9432/A8659-B; Passed Senate and Assembly; Vetoed by Gover-
nor.

 
FISCAL IMPLICATIONS:

To be determined.

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

2023-S2969 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2969
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2023
                                ___________
 
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03774-01-3
 S. 2969                             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.

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