Bill Text: NY S07489 | 2013-2014 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Authorizes the department to grant an easement through the Boutwell Hill state forest for electric generation facilities associated with a wind powered electric generation project.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-06-12 - referred to environmental conservation [S07489 Detail]
Download: New_York-2013-S07489-Amended.html
Bill Title: Authorizes the department to grant an easement through the Boutwell Hill state forest for electric generation facilities associated with a wind powered electric generation project.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-06-12 - referred to environmental conservation [S07489 Detail]
Download: New_York-2013-S07489-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7489--A
Cal. No. 1157
I N S E N A T E
May 15, 2014
___________
Introduced by Sen. YOUNG -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
-- reported favorably from said committee, ordered to first report,
amended on first report, ordered to a second report and ordered
reprinted, retaining its place in the order of second report
AN ACT to authorize an easement on a portion of real property within the
Boutwell Hill state forest in the county of Chautauqua for the
location of electric collection or distribution facilities in
connection with a wind powered electric generation project located in
the towns of Charlotte and/or Cherry Creek
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative intent. A proposed wind generation project, in
2 the county of Chautauqua in the towns of Charlotte and/or Cherry Creek,
3 could potentially generate up to 200 megawatts of clean renewable elec-
4 tricity from wind power with minimal impact on the environment compared
5 with other electric generation sources. To maximize the production of
6 electricity from such wind power project, an electric collection or
7 distribution line would need to pass through a portion of real property
8 immediately adjacent to or within the right of ways of public roads
9 running through the Boutwell Hill state forest. The legislature finds
10 that it will serve a useful public purpose to authorize the department
11 of environmental conservation to execute an easement agreement for real
12 property within the Boutwell Hill state forest for such collection or
13 distribution line and appropriate access, in the event that such
14 collection or distribution line proposed to be located on such easement
15 lands is certified pursuant to article 7 or 10 of the public service
16 law.
17 S 2. Notwithstanding the provisions of section 9-0501 of the environ-
18 mental conservation law and the provisions of the public lands law, the
19 department of environmental conservation is authorized to grant an ease-
20 ment for an electric collection or distribution line on real property
21 within the Boutwell Hill state forest, which meets the following condi-
22 tions:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15043-02-4
S. 7489--A 2
1 (a) The easement is for an electric collection or distribution line
2 which is part of a wind powered electric generation project located in
3 the towns of Charlotte and/or Cherry Creek.
4 (b) The easement is for a portion of property within the Boutwell Hill
5 state forest owned by the state and managed by the department of envi-
6 ronmental conservation. The collection or distribution line shall be
7 located within 50 feet of the center line of the road corridor within
8 the state forest and, should a portion of the line not be located along
9 a road corridor, the corridor for such line shall not exceed 50 feet in
10 width and 1500 feet in length across Boutwell Hill state forest. In no
11 event shall the location of the electric collection or distribution line
12 require the cutting of trees greater than 50 feet from such collection
13 or distribution line placed in or adjacent to such roads or 25 feet from
14 the center line of any corridor which is not adjacent to a road.
15 (c) The easement will be conveyed by the department of environmental
16 conservation and take effect only in the event a collection or distrib-
17 ution line proposed to be located on such easement lands is certified
18 and approved as part of a wind powered electric generation facility
19 pursuant to article 7 and/or 10 of the public service law.
20 (d) The easement shall terminate when the associated wind powered
21 electric generation project ceases to operate for an extended period of
22 time as set forth in the easement and the easement shall then revert to
23 the state to be managed by the department of environmental conservation.
24 Prior to reversion, any collection or distribution lines and any infras-
25 tructure related thereto shall be removed by the entity controlling the
26 lines.
27 S 3. (a) In entering into the easement described in section two of
28 this act, the department of environmental conservation is authorized to
29 grant such easement without bid and for such reasonable consideration
30 that such department deems proper, upon application by an authorized
31 officer or employee of the entity proposing the wind-powered electric
32 generation project described in section two hereof.
33 (b) Prior to executing the easement, an authorized officer or employee
34 of the entity applying to propose a transmission or collection line
35 route through the Boutwell Hill state forest as part of an application
36 pursuant to article 7 or 10 of the public service law application shall
37 provide a survey of the easement and appraisal thereon to the department
38 of environmental conservation and shall prepare the easement, subject to
39 review and approval by the department.
40 (c) The grant of the easement is conditioned on compliance with the
41 environmental, health, safety and alternative reviews and subject to the
42 provisions of article 7 and/or 10 of the public service law.
43 S 4. The applicant for the easement shall be responsible for the prep-
44 aration, filing and recording of all required easement maps or surveys
45 and related easement documents. The department of environmental conser-
46 vation shall cause any maps or surveys and related easement documents to
47 be filed in the regional office of such department wherein the Boutwell
48 Hill state forest is located and such additional locations as the
49 department deems appropriate. Such maps and easement shall also be
50 recorded by the applicant with the office of general services.
51 S 5. This act shall constitute sufficient proof of land control with
52 respect to proposed easement routes for a collection or distribution
53 line through the Boutwell Hill state forest for the purposes of compli-
54 ance with the application requirements of articles 7 and 10 of the
55 public service law, and any associated regulations.
56 S 6. This act shall take effect immediately.
