Bill Text: NY A08909 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Regulates the planting and selling of bamboo, including definitions and enforcement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-28 - referred to environmental conservation [A08909 Detail]

Download: New_York-2013-A08909-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8909
                                 I N  A S S E M B L Y
                                   February 28, 2014
                                      ___________
       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  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The environmental conservation law is amended by adding a
    2  new article 48 to read as follows:
    3                                 ARTICLE 48
    4          REGULATION OF THE PLANTING AND SELLING OF RUNNING BAMBOO
    5  SECTION 48-0101. DEFINITION.
    6          48-0103. PLANTING RESTRICTIONS.
    7          48-0105. SALE AND INSTALLATION.
    8  S 48-0101. DEFINITION.
    9    FOR THE PURPOSE OF THIS ARTICLE, "RUNNING BAMBOO" MEANS ANY BAMBOO  IN
   10  THE GENUS PHYLLOSTACHYS, INCLUDING PHYLLOSTACHYS AUREOSULCATA.
   11  S 48-0103. PLANTING RESTRICTIONS.
   12    1. NO PERSON WHO PLANTS RUNNING BAMBOO OR WHO ALLOWS RUNNING BAMBOO TO
   13  BE  PLANTED  ON  HIS  OR  HER  PROPERTY SHALL PERMIT SUCH BAMBOO TO GROW
   14  BEYOND THE BOUNDARIES OF HIS OR  HER  PROPERTY.  ON  AND  AFTER  OCTOBER
   15  FIRST,  TWO THOUSAND FOURTEEN, ANY PERSON WHO VIOLATES THE PROVISIONS OF
   16  THIS SECTION SHALL BE LIABLE FOR ANY DAMAGES CAUSED TO  ANY  NEIGHBORING
   17  PROPERTY  BY  SUCH  BAMBOO,  INCLUDING,  BUT NOT LIMITED TO, THE COST OF
   18  REMOVAL OF ANY RUNNING BAMBOO THAT GREW BEYOND THE BOUNDARIES OF HIS  OR
   19  HER PROPERTY.
   20    2.  NO PERSON SHALL PLANT RUNNING BAMBOO OR ALLOW RUNNING BAMBOO TO BE
   21  PLANTED ON HIS OR HER PROPERTY AT A LOCATION THAT IS ONE HUNDRED FEET OR
   22  LESS FROM ANY ABUTTING   PROPERTY OR  PUBLIC  RIGHT-OF-WAY  UNLESS  SUCH
   23  PLANTING  IS  CONTAINED BY A PROPERLY CONSTRUCTED AND MAINTAINED BARRIER
   24  SYSTEM OR SUCH RUNNING BAMBOO IS PLANTED ABOVE GROUND IN A CONTAINER  OR
   25  PLANTER  SUCH  THAT THE RUNNING BAMBOO DOES NOT COME IN CONTACT WITH THE
   26  SURROUNDING SOIL.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13722-03-4
       A. 8909                             2
    1    3. THE PROVISIONS OF THIS SECTION SHALL NOT BE DEEMED TO APPLY TO  ANY
    2  RUNNING  BAMBOO  PLANTED  ON OR BEFORE OCTOBER FIRST, TWO THOUSAND FOUR-
    3  TEEN.
    4  S 48-0105. SALE AND INSTALLATION.
    5    EACH  RETAIL  SELLER  OR  INSTALLER OF RUNNING BAMBOO SHALL PROVIDE TO
    6  EACH CUSTOMER WHO PURCHASES RUNNING BAMBOO FROM SUCH SELLER OR INSTALLER
    7  A STATEMENT THAT DISCLOSES THAT RUNNING BAMBOO IS A FAST  GROWING  PLANT
    8  THAT  MAY  SPREAD IF NOT PROPERLY CONTAINED AND A PLAIN LANGUAGE SUMMARY
    9  OF THE PROVISIONS CONTAINED IN SECTION 48-0103  OF  THIS  ARTICLE.  SUCH
   10  STATEMENT  SHALL  ALSO  PROVIDE RECOMMENDATIONS, BASED ON BEST AVAILABLE
   11  INFORMATION, ON HOW TO PROPERLY CONTAIN RUNNING BAMBOO. ANY RETAIL SELL-
   12  ER OR INSTALLER OF RUNNING BAMBOO WHO VIOLATES THE  PROVISIONS  OF  THIS
   13  SECTION SHALL BE FINED ONE HUNDRED DOLLARS FOR EACH SOLD IN VIOLATION OF
   14  THIS SECTION.
   15    S 2. This act shall take effect immediately.