Senate Bill S5912A

2013-2014 Legislative Session

Requires municipal and government agencies to abstain from disposing and destroying of public trees and tree parts that are involved in property damage, personal injury or death to persons

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Archive: Last Bill Status - In Senate Committee Cities 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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Bill Amendments

2013-S5912 - Details

Current Committee:
Senate Cities
Law Section:
New York City Administrative Code
Laws Affected:
Add §4-209, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2015-2016: S1028
2017-2018: S1363

2013-S5912 - Summary

Enacts "Yingyi's law"; requires municipal and government agencies, and individual members of the public to abstain from disposing and destroying of public trees, tree parts that are involved in property damage, personal injury or death to persons from trees growing within and across the public-right-of-ways, including parks and street trees; provides that trees and/or tree parts shall be inspected, analyzed and diagnosed for defects, disease and determine presumed/opinion as to the cause of failure by a full-time independent consulting arborist (CA) trained and skilled in tree diagnostic practices, lab sampling, photo documentation, forensics and legally binding report writing.

2013-S5912 - Sponsor Memo

2013-S5912 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5912

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              July 1, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to requiring municipal and government agencies, and individ-
  ual members of the public to abstain from disposing and destroying  of
  public  trees,  tree  parts  that  are  involved  in  property damage,
  personal injury or death to persons  from  trees  growing  within  and
  across the public-right-of-ways, including parks and street trees

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The administrative code of the city of New York is  amended
by adding a new section 4-209 to read as follows:
  S  4-209 PUBLIC  TREES. 1. THE PARKS AND RECREATION DEPARTMENT AND ALL
RELEVANT AGENCIES SHALL CONTRACT WITH A FULL-TIME INDEPENDENT CONSULTING
ARBORIST TO INSPECT, DIAGNOSE AND ANALYZE FOR DEFECTS  AND  DISEASE  ALL
PUBLIC TREES, TREE PARTS INVOLVED IN PROPERTY DAMAGE, PERSONAL INJURY OR
DEATH  WITHIN FORTY-EIGHT HOURS. SUCH CONSULTING ARBORIST SHALL GENERATE
A REPORT WHICH WILL BE PUBLICLY AVAILABLE ON-LINE WITHIN THIRTY DAYS  OF
SUCH INSPECTION.
  2.  THE  CONDITION  AND CAUSE OF THE TREE FAILURE SHALL BE DOCUMENTED.
TREES AND/OR TREE PARTS SHALL BE INSPECTED, ANALYZED AND  DIAGNOSED  FOR
DEFECTS, DISEASE AND DETERMINE PRESUMED/OPINION AS TO THE CAUSE OF FAIL-
URE  BY  A  FULL-TIME  INDEPENDENT  CONSULTING ARBORIST (CA) TRAINED AND
SKILLED IN TREE DIAGNOSTIC PRACTICES, LAB SAMPLING, PHOTO DOCUMENTATION,
FORENSICS AND LEGALLY BINDING REPORT WRITING.  THE  CONSULTING  ARBORIST
WITH  THIS  SKILL  SET  SHALL  BE  A MEMBER OF THE NATIONAL ORGANIZATION
REPRESENTING THE PROFESSION-THE AMERICAN SOCIETY OF CONSULTING ARBORISTS
(ASCA) AND PREFERABLY REFERRED TO AS A REGISTERED  CONSULTING  ARBORISTS
(RCA) BY THAT ORGANIZATION.
  3.   THE   INSPECTION/SAMPLING  AND  DIAGNOSIS  MUST  BE  MADE  WITHIN
FORTY-EIGHT HOURS OF THE INCIDENT. EVERY EFFORT SHALL BE MADE TO PROVIDE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11617-01-3
              

2013-S5912A (ACTIVE) - Details

Current Committee:
Senate Cities
Law Section:
New York City Administrative Code
Laws Affected:
Add §4-209, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2015-2016: S1028
2017-2018: S1363

2013-S5912A (ACTIVE) - Summary

Enacts "Yingyi's law"; requires municipal and government agencies, and individual members of the public to abstain from disposing and destroying of public trees, tree parts that are involved in property damage, personal injury or death to persons from trees growing within and across the public-right-of-ways, including parks and street trees; provides that trees and/or tree parts shall be inspected, analyzed and diagnosed for defects, disease and determine presumed/opinion as to the cause of failure by a full-time independent consulting arborist (CA) trained and skilled in tree diagnostic practices, lab sampling, photo documentation, forensics and legally binding report writing.

2013-S5912A (ACTIVE) - Sponsor Memo

2013-S5912A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5912--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              July 1, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to requiring municipal and government agencies, and  individ-
  ual  members of the public to abstain from disposing and destroying of
  public trees,  tree  parts  that  are  involved  in  property  damage,
  personal  injury  or  death  to  persons from trees growing within and
  across the public-right-of-ways, including parks and street trees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as "Yingyi's law".
  S  2.  The  administrative  code of the city of New York is amended by
adding a new section 4-209 to read as follows:
  S 4-209 PUBLIC TREES. 1. THE PARKS AND RECREATION DEPARTMENT  AND  ALL
RELEVANT AGENCIES SHALL CONTRACT WITH A FULL-TIME INDEPENDENT CONSULTING
ARBORIST  TO  INSPECT,  DIAGNOSE AND ANALYZE FOR DEFECTS AND DISEASE ALL
PUBLIC TREES, TREE PARTS INVOLVED IN PROPERTY DAMAGE, PERSONAL INJURY OR
DEATH WITHIN FORTY-EIGHT HOURS. SUCH CONSULTING ARBORIST SHALL  GENERATE
A  REPORT WHICH WILL BE PUBLICLY AVAILABLE ON-LINE WITHIN THIRTY DAYS OF
SUCH INSPECTION.
  2. THE CONDITION AND CAUSE OF THE TREE FAILURE  SHALL  BE  DOCUMENTED.
TREES  AND/OR  TREE PARTS SHALL BE INSPECTED, ANALYZED AND DIAGNOSED FOR
DEFECTS, DISEASE AND DETERMINE PRESUMED/OPINION AS TO THE CAUSE OF FAIL-
URE BY A FULL-TIME INDEPENDENT  CONSULTING  ARBORIST  (CA)  TRAINED  AND
SKILLED IN TREE DIAGNOSTIC PRACTICES, LAB SAMPLING, PHOTO DOCUMENTATION,
FORENSICS  AND  LEGALLY  BINDING REPORT WRITING. THE CONSULTING ARBORIST
WITH THIS SKILL SET SHALL BE  A  MEMBER  OF  THE  NATIONAL  ORGANIZATION
REPRESENTING THE PROFESSION-THE AMERICAN SOCIETY OF CONSULTING ARBORISTS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11617-02-3

              

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