Bill Text: NY A05794 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 5794 (Prior Session Legislation)

Introduced

Bill Title: Provides for the removal of phragmites where such phragmites grow continuously in an area containing five acres of land or more.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to environmental conservation [A05794 Detail]

Download: New_York-2017-A05794-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          5794
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 15, 2017
                                       ___________
        Introduced  by  M.  of  A.  CASTORINA  --  read once and referred to the
          Committee on Environmental Conservation
        AN ACT to amend the environmental conservation law, in relation  to  the
          removal of phragmites
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The title heading of title 15 of article 9 of the  environ-
     2  mental  conservation law, as amended by chapter 602 of the laws of 2003,
     3  is amended to read as follows:
     4                 REMOVAL OF TREES [AND], PROTECTED PLANTS AND
     5                                 PHRAGMITES
     6    § 2. The environmental conservation law is amended  by  adding  a  new
     7  section 9-1505 to read as follows:
     8  § 9-1505. Removal of phragmites.
     9    The  department  shall remove phragmites from any area of the state in
    10  which such phragmites grow continuously in an area containing five acres
    11  of land or more. Upon removal of such phragmites,  such  land  shall  be
    12  replanted with wetland plantings native to the area in which such phrag-
    13  mites are removed. No action for trespass shall lie on account of injury
    14  to  private  property  as  a  result of such removal, if such removal is
    15  performed in the protection of the lands of the state from fire.
    16    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08290-01-7