This bill has been amended

Bill S4377-2011

Authorizes the removal of reeds by the owners of residential real property in high risk brush fire areas in the borough of Staten Island

Authorizes the unfettered removal of reeds (Phragmites communis) by the owner of residential real property in a city having a population of one million or more.

Details

Actions

  • Jun 13, 2011: VOTE RECONSIDERED - RESTORED TO THIRD READING
  • Jun 10, 2011: returned to senate
  • Jun 10, 2011: RECALLED FROM ASSEMBLY
  • May 4, 2011: referred to cities
  • May 4, 2011: DELIVERED TO ASSEMBLY
  • May 4, 2011: PASSED SENATE
  • Apr 11, 2011: ADVANCED TO THIRD READING
  • Apr 6, 2011: 2ND REPORT CAL.
  • Apr 5, 2011: 1ST REPORT CAL.315
  • Mar 31, 2011: REFERRED TO CITIES

Meetings

Votes

VOTE: COMMITTEE VOTE: - Cities - Apr 5, 2011
Ayes (5): Lanza, DeFrancisco, Grisanti, Robach, Avella
Ayes W/R (1): Oppenheimer

Memo

BILL NUMBER:S4377          REVISED 03/31/11

TITLE OF BILL: An act to amend the general city law and the environmental conservation law, in relation to authorizing owners of residential real property in cities having a population of one million or more to cut and remove reeds from their property

PURPOSE: To authorize the unfettered removal of reeds by an owner of residential real property in the City of New York.

SUMMARY OF PROVISION: Section one amends the general city law by adding a new section 19-a.

Section two amends section 9-1503 of the environmental conservation law by adding a new subdivision 5.

Section three amends section 24-0701 of the environmental conservation law by adding a new subdivision 4-a.

JUSTIFICATION: Every year on Staten Island there are series of dangerous brushfires. Many areas on Staten Island are prone to brushfires because they are thick with an invasive, non-native species of weed -- phragmites. Phragmites are reedy and combustible plants that commonly grow seven feet tall and often turn into tinderboxes especially during the spring and fall seasons. They have been the proven source of numerous brush fires which often escalate and threaten surrounding properties. Currently a landowner in the City of New York must apply for a permit to cut down these weeds. This bill allows private homeowners in the City of New York to cut and remove from their private property without a permit from the Department of Environmental Conservation. This bill would allow New York City's private homeowners, without government intervention, the ability to remove these invasive and combustible weeds which cause dangerous brush fires, damaging homes and threatening human life.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATION: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4377 2011-2012 Regular Sessions IN SENATE March 31, 2011 ___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend the general city law and the environmental conservation law, in relation to authorizing owners of residential real property in cities having a population of one million or more to cut and remove reeds from their property THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general city law is amended by adding a new section 19-a to read as follows: S 19-A. REGULATION OF THE REMOVAL OF REEDS (PHRAGMITES COMMUNIS). NO PROVISION OF LAW SHALL BE DEEMED TO AUTHORIZE ANY CITY HAVING A POPU- LATION OF ONE MILLION OR MORE TO REGULATE THE CUTTING, PULLING OR DIGGING UP FOR THE PURPOSE OF REMOVAL, OR CAUSING TO BE SO REMOVED, BY THE OWNER OF RESIDENTIAL REAL PROPERTY IN SUCH CITY, ANY REED (PHRAG- MITES COMMUNIS) GROWING ON SUCH REAL PROPERTY. S 2. Section 9-1503 of the environmental conservation law is amended by adding a new subdivision 5 to read as follows: 5. NO PROVISION OF THIS TITLE SHALL BE DEEMED TO PROHIBIT OR AUTHORIZE THE DEPARTMENT TO REGULATE THE CUTTING, PULLING OR DIGGING UP FOR THE PURPOSE OF REMOVAL, OR CAUSING TO BE SO REMOVED, BY THE OWNER OF RESI- DENTIAL REAL PROPERTY IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, ANY REED (PHRAGMITES COMMUNIS) GROWING ON SUCH REAL PROPERTY. S 3. Section 24-0701 of the environmental conservation law is amended by adding a new subdivision 4-a to read as follows: 4-A. THE CUTTING, PULLING AND DIGGING UP FOR THE PURPOSE OF REMOVAL, OR CAUSING TO BE SO REMOVED, OF ANY REED (PHRAGMITES COMMUNIS) FROM FRESHWATER WETLANDS UPON RESIDENTIAL REAL PROPERTY IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, BY THE OWNER OF SUCH PROPERTY SHALL BE EXCLUDED FROM REGULATED ACTIVITIES AND SHALL NOT REQUIRE A PERMIT PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
S 3. This act shall take effect immediately.

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