Bill Text: NY S04759 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes the commissioner of environmental conservation to grant utility easements within a reforestation area upon certain findings.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO ENVIRONMENTAL CONSERVATION [S04759 Detail]

Download: New_York-2011-S04759-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4759
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    April 20, 2011
                                      ___________
       Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Environmental Conservation
       AN ACT to amend the environmental conservation law, in relation  to  the
         granting of utility easements within reforestation areas
         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 section 9-0511 to read as follows:
    3  S 9-0511. UTILITY EASEMENTS.
    4    THE  COMMISSIONER  IS HEREBY AUTHORIZED TO GRANT UTILITY EASEMENTS FOR
    5  FAIR MARKET VALUE WITHIN A REFORESTATION AREA FOR THE PURPOSE OF PROVID-
    6  ING ELECTRICAL POWER TO PERSONS RESIDING WITHIN SUCH  AREA.  SUCH  EASE-
    7  MENTS  SHALL  BE  LIMITED  TO PLACEMENT WITHIN THE FOOTPRINT OF A PUBLIC
    8  ROADWAY. ANY SUCH EASEMENT MAY BE GRANTED UPON APPLICATION BY ANY PERSON
    9  RESIDING WITHIN A REFORESTATION AREA, WHERE GRANTING  OF  SUCH  EASEMENT
   10  WOULD ALLOW SUCH APPLICANT TO RECEIVE ELECTRICAL POWER. IN MAKING HIS OR
   11  HER  DETERMINATION  WITH  RESPECT TO WHETHER OR NOT AN APPLICATION FOR A
   12  UTILITY EASEMENT SHALL BE GRANTED, THE COMMISSIONER SHALL CONSIDER:
   13    1. THE ENVIRONMENTAL COMPATIBILITY OF UTILITY POLES AND UTILITY  LINES
   14  WITH THEIR SURROUNDINGS, INCLUDING THE IMPACT OF SUCH POLES AND LINES ON
   15  THE  NATURAL  ENVIRONMENT,  WILDLIFE  AND  BIRDS,  THE AESTHETICS OF THE
   16  REGION AND OUTDOOR RECREATIONAL OPPORTUNITIES; AND
   17    2. WHETHER OR NOT THE PUBLIC GOOD SHALL BE  SERVED  BY  GRANTING  SUCH
   18  EASEMENT.
   19    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09728-01-1