Authorizing subdivisions of the county of Westchester to enact local laws regulating tree cutting, topping and removal along electricity distribution lines

Summary of specific provisions

Section 1: The public service law is amended by adding a new section 77-a to authorize, in the county of Westchester, that the county and/or municipal corporations and subdivi- sions of the county may adopt local laws, which are more restrictive than state law, rule, or regulation, to regulate tree cutting, topping, and removal along electricity distribution, service, or transmission lines. Such rules and regulations, to the extent practicable, shall reflect the most recent edition of part one of the American National Standards. Institute A-300 standards for tree care operations, "Tree, Shrub, and Other Woody Plant Maintenance - Standard Practices (Prun- ing).' The provisions of this section shall not be deemed to prohibit any electric corporation or municipality from cutting, pruning, topping or removing any tree that has fallen or is in danger of falling on a service or distribution line.

If requested by the grantor of"a right of way or his or her successor in interest in the appropriate city, town, or village in the county of Westchester, an electric corporation or municipality shall plant a replacement tree for each that it removed within a right of way, if requested. If no such request is made, the commission shall require the electric corporation or municipality to take such action as is necessary to insure against adverse environmental effects, or contribute a sum of money to the appropriate city, town, or village for the purpose of planting trees.

Section 2: States the effective date.

Justification

The legislature hereby recognizes the need for the reli- able delivery of electric power to the residents and businesses of West- chester County. Trees and tree limbs, if not properly maintained, may endanger such reliable delivery of electric power, thus making the cutting and/or removal of trees a necessity.

However, the legislature also recognizes that trees provide various benefits to the people of the state, including prevention of floods, purification of water, reduction of soil erosion, removal of carbon dioxide from the air, protection from the elements, and the enhancement of community character and individual property values.

Due to the severe community impact of tree cutting in Westchester Coun- ty, a majority of communities in Westchester have received numerous complaints from property owners throughout the County on whose property, or adjacent to whose property, the tree clearing activities allegedly mandated by the Public Service Commission's rules, have been implemented in an arbitrary and intermittent manner.

These communities, including the. County itself, have passed or are now considering local resolutions regulating tree cutting, with some even proposing a full moratorium. Attendant to the concerns of the residents of Westchester, municipalities are best equipped to deal with this issue at the local level, and should be empowered to do so, at least and until such time as there has been a full, open public examination by the Public Service Commission within the communities affected, as to the conditions that exist and the management steps required to be taken in Westchester County.

This legislation would clarify that in order to adequately protect natural resources; the municipalities should have the authority to adopt local laws more restrictive than state law regulation and specific to the needs of that community.

Prior legislative history

New bill.

Fiscal implications

None to the State.

Effective date

This act shall take effect immediately.