STATE OF NEW YORK ________________________________________________________________________ 5709 2023-2024 Regular Sessions IN SENATE March 13, 2023 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the general municipal law, in relation to biodiversity in planting projects The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 96-b of the general municipal law, as added by 2 chapter 686 of the laws of 1978, is amended to read as follows: 3 § 96-b. Tree conservation. 1. The legislature hereby finds that there 4 is a direct relationship between the planting of trees, shrubs and asso- 5 ciated vegetation in sufficient number in populated areas and the 6 health, safety, and welfare of communities, and as related to the 7 natural, scenic, and aesthetic values of trees and the physical and 8 visual qualities of the environment which municipalities are authorized 9 to protect. Trees and such vegetation abate noise, provide welcome shade 10 to people, preserve the balance of oxygen in the air by removing carbon 11 dioxide and fostering air quality, and add color and verdure to human 12 construction. They also stabilize the soil and control water pollution 13 by preventing soil erosion and flooding, yield advantageous microclimat- 14 ic effects, and provide a natural habitat for wildlife. The destructive 15 and indiscriminate removal of trees and related vegetation causes 16 increased municipal costs for proper drainage control, impairs the bene- 17 fits of occupancy of existing residential properties and impairs the 18 stability and value of both improved and unimproved real property in the 19 area of destruction, and adversely affects the health, safety, and 20 general welfare of the inhabitants of the state. However, when tree 21 removal is necessary to stop the spread of invasive species it is 22 crucial that municipalities replant lost trees and vegetation, while 23 maintaining biodiversity in planting projects to avoid future loss. 24 Biodiversity ensures resistance against mass susceptibility to invasive 25 species. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10010-01-3

S. 5709 2 1 2. In addition to any power or authority of a municipal corporation to 2 regulate by planning or zoning laws or regulations or by local laws and 3 regulations, the local legislative body of any county, city, town or 4 village is hereby empowered to provide for the protection and conserva- 5 tion of trees and related vegetation. Such legislative body may require 6 appropriate conditions applicable to any activity involving the removal 7 or destruction of trees or the substantial alteration of grade level 8 around trees may include, where appropriate, requirements that the 9 activity be done as specified in an approved landscape plan and that the 10 removed trees be replaced by the planting of the same or alternate 11 species of trees, and may provide, in connection therewith, required 12 plantings for screening purposes. Such regulations, special conditions 13 and restrictions, adopted in the exercise of the police power, shall be 14 reasonable and appropriate to the purpose. The municipality may require 15 the posting of a performance bond to assure compliance with this 16 section. All charges and expenses incurred under this section by a town 17 shall be a charge upon the taxable property of that part of the town 18 outside any incorporated village. 19 3. When a municipality, parks department, highway department, or other 20 local entity undertakes a tree planting project in public locations, 21 they shall select and plant biologically diverse types of trees. To 22 satisfy sufficient biodiversity, the municipality shall follow the 23 10-20-30 principle when the municipality is planting new trees or 24 replanting in an area. The 10-20-30 principle states that a tree popu- 25 lation shall include no more than ten percent of any one species, twenty 26 percent of any one genus, or thirty percent of any one family. This 27 percentage shall be measured by the tree population as a whole, not by 28 any one planting project solely. 29 § 2. This act shall take effect January 1, 2026 or on the two hundred 30 seventieth day after it shall have become a law, whichever is later.

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