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A8304Assembly2017-2018 Session

Regulate Bamboo Planting, Sales

Official title

“Regulation of the planting and selling of bamboo”

Sponsor Fred ThieleAD-1Affects Environment & Energy
Status
In Assembly Committee
Environmental Conservation
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Environmental Conservation

What's happening

This bill regulates the planting and sale of running bamboo in New York, requiring containment and disclosure to prevent its spread.

Why it matters

  1. Holds property owners accountable. for any running bamboo that spreads from their land to neighboring properties, making them liable for damages and removal costs—potentially reducing neighbor disputes and property devaluation.

  2. Imposes containment requirements. for new bamboo plantings within 100 feet of property lines or public spaces, mandating physical barriers or above-ground planters to prevent unchecked spread.

  3. Exempts existing bamboo plantings. (those established before October 1, 2017) from the new restrictions, meaning only new or recently planted bamboo is regulated.

  4. Requires retailers and installers to inform buyers. about the invasive nature of running bamboo, legal responsibilities, and best containment practices, aiming to curb future problems through better consumer awareness and compliance.

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Who cares

Headline styles

Regulate Bamboo Planting, Sales

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Fred Thiele

Assembly Member · Assembly District 1

No co-sponsors yet.

History

  1. Referred to environmental conservation
  2. Referred to environmental conservation

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

8304

2017-2018 Regular Sessions

IN ASSEMBLY

June 6, 2017

Introduced by M. of A. THIELE -- read once and referred to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to the regulation of the planting and selling of running bamboo

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The environmental conservation law is amended by adding a new article 48 to read as follows:

ARTICLE 48

REGULATION OF THE PLANTING AND SELLING OF RUNNING BAMBOO Section 48-0101. Definition.

48-0103. Planting restrictions.

48-0105. Sale and installation. § 48-0101. Definition.

For the purpose of this article, "running bamboo" means any bamboo in the genus phyllostachys, including phyllostachys aureosulcata. § 48-0103. Planting restrictions.

1. No person who plants running bamboo or who allows running bamboo to be planted on his or her property shall permit such bamboo to grow beyond the boundaries of his or her property. On and after October first, two thousand seventeen, any person who violates the provisions of this section shall be liable for any damages caused to any neighboring property by such bamboo, including, but not limited to, the cost of removal of any running bamboo that grew beyond the boundaries of his or her property.

2. No person shall plant running bamboo or allow running bamboo to be planted on his or her property at a location that is one hundred feet or less from any abutting property or public right-of-way unless such planting is contained by a properly constructed and maintained barrier system or such running bamboo is planted above ground in a container or

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD13016-01-7

A. 8304 2

planter such that the running bamboo does not come in contact with the surrounding soil.

3. The provisions of this section shall not be deemed to apply to any running bamboo planted on or before October first, two thousand seventeen. § 48-0105. Sale and installation.

Each retail seller or installer of running bamboo shall provide to each customer who purchases running bamboo from such seller or installer a statement that discloses that running bamboo is a fast growing plant that may spread if not properly contained and a plain language summary of the provisions contained in section 48-0103 of this article. Such statement shall also provide recommendations, based on best available information, on how to properly contain running bamboo. Any retail seller or installer of running bamboo who violates the provisions of this section shall be fined one hundred dollars for each sold in violation of this section.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.