senate Bill S7489

Amended

Authorizes the department of environmental conservation to grant an easement through the Boutwell Hill state forest for electric generation facilities associated with a wind powered electric generation project

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 15 / May / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 03 / Jun / 2014
    • 1ST REPORT CAL.1157
  • 09 / Jun / 2014
    • AMENDED (T) 7489A
  • 09 / Jun / 2014
    • 2ND REPORT CAL.
  • 10 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2014
    • PASSED SENATE
  • 12 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

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.

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Bill Details

Versions:
S7489
S7489A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation

Votes

11
0
11
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Environmental Conservation committee vote details

Sponsor Memo

BILL NUMBER:S7489

TITLE OF BILL: An act to authorize the department of environmental
conservation to grant an easement on a portion of real property within
the Boutwell Hill state forest in the county of Chautauqua for the
location of electric distribution facilities in connection with a wind
powered electric generation project located in either or both of the
towns of Charlotte and Cherry Creek

PURPOSE: This bill authorizes the department of environmental conserva-
tion to grant an easement through the Boutwell Hill state forest for
electric generation facilities associated with a wind powered electric
generation project.

SUMMARY OF PROVISIONS:

Section 1 establishes the legislative intent. For the state to achieve
the goals of the New York State renewable portfolio standard, the state
energy plan and similar state energy policies, the development of renew-
able energy sources, including wind power, is essential.

Section 2 authorizes the Department of Environmental Conservation to
grant an easement for an electric distribution line on real property
within the Boutwell Hill state forest.

Section 3 establishes that the Department of Environmental Conservation
is authorized to grant such easement, without bid and for such reason-
able consideration that the department deems proper, upon application by
an authorized officer or employee of the wind powered electric gener-
ation project.

Section 4 establishes that the applicant for the easement shall be
responsible for the preparation and filing of any required easement maps
or surveys.

Section 5 establishes that the existence of this act or an easement
granted in accordance with this act, shall constitute sufficient proof
of land control with respect to a proposed easement route for a distrib-
ution line through the Boutwell Hill state forest for the purposes of
compliance with the application requirements of article 10 of the public
service law and any associated regulations.

JUSTIFICATION: In order for New York State to reduce greenhouse gases
and achieve the goals of the New York State Renewable Portfolio Stand-
ard, the State Energy Plan and similar policies, the development of
renewable energy sources including wind energy is essential.

This legislation authorizes the Department of Environmental Conserva-
tion, if they choose to do so, to grant an easement through the Boutwell
Hill State Forest for a wind energy project. This electric distribution
interconnection line will be subject to intensive review under Article
10 of the Public Service Law. The Towns of Charlotte and Cherry Creek,

where this electric distribution line would run, have both passed resol-
utions in support of this project.

This project has the potential to create economic benefits to the Towns
through construction and permanent employment, as well as direct and
indirect economic gain to the area.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: To be determined. Anticipated revenue to the state.

EFFECTIVE DATE: Effective immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7489

                            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

AN ACT to authorize the  department  of  environmental  conservation  to
  grant  an  easement  on a portion of real property within the Boutwell
  Hill state forest in the county of  Chautauqua  for  the  location  of
  electric  distribution  facilities  in  connection with a wind powered
  electric generation project located in either or both of the towns  of
  Charlotte and Cherry Creek

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. For the state to achieve the  goals  of
the  New  York state renewable portfolio standard, the state energy plan
and similar state energy policies, the development of  renewable  energy
sources,  including wind power, is essential. A proposed wind generation
project in the towns of Charlotte and Cherry Creek,  in  the  county  of
Chautauqua,  could generate up to 200 megawatts of clean renewable elec-
tricity from wind power with minimal impact on the environment  compared
with  other  electric  generation sources. To maximize the production of
electricity from such a wind power  project,  an  electric  distribution
line  would need to be located on a portion of real property adjacent to
or within the right of ways of public roads running through the Boutwell
Hill state forest.  The legislature finds that authorizing  the  depart-
ment  of  environmental conservation to enter into an easement agreement
for real property  within  the  Boutwell  Hill  state  forest  for  such
distribution line and appropriate access, conditioned on the requirement
that  such distribution line is subsequently certified pursuant to arti-
cle 10 of the public service law would serve a useful public purpose.
  S 2. Notwithstanding the provisions of section 9-0501 of the  environ-
mental  conservation  law  and  article  7  of the public lands law, the
department of environmental conservation is authorized to grant an ease-
ment for an electric distribution line on real property within the Bout-
well Hill state forest, which meets the following conditions:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15043-01-4

S. 7489                             2

  a. the easement is for an electric distribution line which is part  of
a  wind powered electric generation project located in either or both of
the towns of Charlotte and Cherry Creek, in the county of Chautauqua;
  b.  The  easement  is for property or a portion of property within the
Boutwell Hill state forest, in which the  state  or  the  department  of
environmental  conservation  has  an  interest and is located under East
Road, Boutwell Hill Road, Stanford Road, Housington  Road  and/or  Lewis
Road and/or within 100 feet of the center lines of such roads;
  c.  the  easement is conditioned upon and will take effect only in the
event a distribution line proposed to be located on such easement  lands
is  subsequently  certified and approved as part of a wind powered elec-
tric generation facility pursuant to article 10 of  the  public  service
law; and
  d. the easement shall terminate when the associated wind powered elec-
tric generation project ceases to operate.
  S 3. a. In entering into the easement described in section two of this
act  the department of environmental conservation is authorized to grant
such easement, without bid and for such  reasonable  consideration  that
the  department  deems proper, upon application by an authorized officer
or employee of the wind powered electric generation project described in
section two of this act.
  b. The grant of the easement, which is conditioned on compliance  with
the environmental, health and safety and alternative reviews and certif-
ication under article 10 of the public service law, shall be exempt from
compliance with article 8 of the environmental conservation law.
  S 4. The applicant for the easement shall be responsible for the prep-
aration and filing of any required easement maps or surveys. The depart-
ment  of  environmental conservation shall cause any maps or surveys and
related easement documents to be filed in the regional  office  of  such
department  wherein  the  Boutwell Hill state forest is located and such
additional locations as the department deems appropriate or is  required
by  law  to  be  filed or recorded. Such map and lease or easement shall
also be recorded with the office of general services.
  S 5. The existence of this act or an easement  granted  in  accordance
with  this  act,  shall constitute sufficient proof of land control with
respect to a proposed easement route for a distribution line through the
Boutwell Hill state forest for  the  purposes  of  compliance  with  the
application requirements of article 10 of the public service law and any
associated regulations.
  S 6. This act shall take effect immediately.

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