BILL NUMBER: S525
SPONSOR: MAYER
 
PURPOSE OR GENERAL IDEA OF 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 pkoperties 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 was 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:
2023-2024: S2969/A5230; Referred to Transportation Committee.
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.

Statutes affected:
S525: 1266 public authorities law