Monday, June 28, 2010

Provisions on trees in the New York Environmental Conservation Law

There are a couple provisions on trees in the New York Environmental Conservation Law. The statute is available at this website:

[THEN: scroll down and click on ENV link]

Read the following sections under this ENV heading:




also of interest perhaps is

Article 49 - PROTECTION OF NATURAL AND MAN-MADE BEAUTY [but probably more for more rural areas]


Of special note in the TVMP discussion is Article 53:

§ 53-0101. Legislative purpose.
There is a direct relationship between the planting of trees, shrubs
and associated vegetation in sufficient number in populated areas and
the health, safety, and welfare of communities. Trees and such
vegetation abate noise, provide welcome shade to people, preserve the
balance of oxygen in the air by removing carbon dioxide and fostering
air quality, and add color and verdure to human construction. They also
stabilize the soil and control water pollution by preventing soil
erosion and flooding, yield advantageous microclimatic effects, and
provide a natural habitat for wildlife. The destructive and
indiscriminate removal of trees and related vegetation causes increased
municipal costs for proper drainage control, impairs the benefits of
occupancy of existing residential properties and impairs the stability
and value of both improved and unimproved real property in the area of
destruction, and adversely affects the health, safety, and general
welfare of the inhabitants of the state. In the interests of a greener
and more livable state, it is determined by the legislature that an
affirmative program to encourage the conservation and planting of trees,
shrubs and other vegetation is necessary in the public interest in order
that coming generations will continue to enjoy and benefit by our care
in a green New York.

Tuesday, June 15, 2010

PSC Submission Documents from LORAX working group

Here are the documents being submitted by LORAX to the PSC in regards to Case 10-E-0155 (linked to pdf versions of submissions):

1) Response to the 9 Case Questions

2) Gap Analysis of Con Edison TVMP

3) Analysis of SEQR Process for original Guidelines (Case 04-E-0822).

Also available is a letter of support (Word .doc) for, and agreement with, the LORAX filings which may be sent by municipalities or other interested groups to the PSC in response to this Case. (Deadline is Wednesday June 16th, 2010.)

Submission to PSC may be by email (see address below) or uploaded via the PCS/DPS website.

PSC Contact info:

Hon. Jaclyn A. Brilling
Secretary to the Commission
New York State Public Service Commission
Agency Building 3
Albany, NY 12223-1350
Phone: (518) 474-6530
Fax: (518) 486-6081

Thursday, June 10, 2010

PSC Eyes New Rules For Trees Around Power Lines

Read the full posting at NYLCV EcoPolitics Daily blog here.

Wednesday, June 9, 2010

Submission Deadline to PSC CASE 10-E-0155 - IMPORTANT!

Submissions for Case 10-E-0155 must be posted or received by 4:30pm June 16th, 2010. For electronic postings, maximum document size is 25MB. Documents can be emailed to:

"Pursuant to the Public Service Commission Guidelines for filing with the Secretary, all items posted must be in searchable PDF format."

Here is the link to the submission guidelines:

Friday, June 4, 2010

S-6825 Notification Bill - Set-back??

S-6825 has been re-tooled to S-7962 (see below) and is scheduled for consideration by Senate Local Gov't. Committee next Wed., June 9, which is chaired by Sen. Stewart-Cousins. It would now amend the General Municipal Law, rather than the Public Service Law. S7962 is pretty similar to S-6825, but does not have the 30-day lead time requirement on the public meeting. However, there does not appear to be a companion Assembly bill, as of yet, which is needed to become law.


S7962  STEWART-COUSINS   No Same as
General Municipal Law
TITLE....Requires any utility company involved in a vegetation management plan to give prior notice to the local legislative body and residents of the affected community and hold a public meeting


Amd S96-b, Gen Muni L
Requires any utility company involved in a vegetation management plan to give prior notice to the local legislative body and the residents of the affected community and to hold a public meeting prior to implementation of such plan.

                STATE OF NEW YORK
                    IN SENATE
                                      May 27, 2010
        Introduced  by  Sen.  STEWART-COUSINS -- 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 requiring  any
          utility company involved in a vegetation management plan to give prior
          notice to the local legislative body and the residents of the affected
          community and to hold a public meeting prior to implementation of such
          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  is  amended  by
     2  adding a new subdivision 3 to read as follows:
     3    3.  a.  Any  utility  company involved in a vegetation management plan
     4  that includes the trimming or cutting of trees, and/or  the  elimination
     5  of  overgrown vegetation in any county, city, town or village shall give
     6  sixty days notice prior to the implementation of such  activity  to  the
     7  local  legislative body of such county, city, town or village and to the
     8  residents of the community affected thereby. No such activity  shall  be
     9  commenced  until after such utility company has held a public meeting in
    10  relation thereto, at which the legislative body  and  the  residents  of
    11  such affected community shall be provided with the details of such trim-
    12  ming, cutting, and/or vegetation management plan and with an opportunity
    13  to be heard on such matters.
    14    b.  In  the  event  of an emergency, such utility company shall not be
    15  required to give notice or to hold a public meeting prior to the  imple-
    16  mentation of a vegetation management plan.
    17    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

Thursday, June 3, 2010

LORAX TVMP Cessation draft - now draft legislation in Albany

Download a legislative draft (pdf) of the Clear Cut Cessation legislation which LORAX supplied to Assemblymen Spano and Ball as a basic draft. We are now looking for co-sponsors... This should be circulated widely, targeting your local and regional State-level Assemblymen and Senators.

Tuesday, June 1, 2010

June 11th - Right Tree for the Right Place Municipal Tree Seminar

Dear Friend of Municipal Trees,

Please register to join us for this cutting-edge seminar sponsored by Con Edison, and forward this notice to interested colleagues:

Right Tree for the Right Place
Municipal Tree Seminar

Friday June 11, 2010, 8:30 am-Noon
at the Greenburgh Nature Center

Download program details, speaker list, and registration form.

Please call me if you have any questions about the program or registration.

Looking forward to seeing you on June 11 at the Greenburgh Nature Center!

Best wishes,

Anne Jaffe Holmes
Coordinator of School Programs & Environmental Projects
Greenburgh Nature Center
99 Dromore Road
Scarsdale, NY 10583
P: 914-813-1812
F: 914-725-6599

Online presentations (ppt or pdf) linked by speaker:

Mark Gilliland
Jerry Bond
Rick Harper
Frank Buddingh'