senate Bill S7489A

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

See Assembly Version of this Bill:
A10087
Versions:
S7489
S7489A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation

Sponsor Memo

BILL NUMBER:S7489A

TITLE OF BILL: An act to authorize an easement on a portion of real
property within the Boutwell Hill state forest in the county of Chautau-
qua 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

PURPOSE:

This bill 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.

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 Standard, 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 distrib-
ution line would run, have both passed resolutions 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--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:

  Section 1. Legislative intent. A proposed wind generation project,  in
the  county of Chautauqua in the towns of Charlotte and/or Cherry Creek,
could potentially 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  wind  power  project, an electric collection or
distribution line would need to pass through a portion of real  property
immediately  adjacent  to  or  within  the right of ways of public roads
running through the Boutwell Hill state forest.  The  legislature  finds
that  it  will serve a useful public purpose to authorize the department
of environmental conservation to execute an easement agreement for  real
property  within  the  Boutwell Hill state forest for such collection or
distribution line  and  appropriate  access,  in  the  event  that  such
collection  or distribution line proposed to be located on such easement
lands is certified pursuant to article 7 or 10  of  the  public  service
law.
  S  2. Notwithstanding the provisions of section 9-0501 of the environ-
mental conservation law and the provisions of the public lands law,  the
department of environmental conservation is authorized to grant an ease-
ment  for  an  electric collection or distribution line on real property
within the Boutwell Hill state forest, which meets the following  condi-
tions:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15043-02-4

S. 7489--A                          2

  (a)  The  easement  is for an electric collection or distribution line
which is part of a wind powered electric generation project  located  in
the towns of Charlotte and/or Cherry Creek.
  (b) The easement is for a portion of property within the Boutwell Hill
state  forest  owned by the state and managed by the department of envi-
ronmental conservation. The collection or  distribution  line  shall  be
located  within  50  feet of the center line of the road corridor within
the state forest and, should a portion of the line not be located  along
a  road corridor, the corridor for such line shall not exceed 50 feet in
width and 1500 feet in length across Boutwell Hill state forest.  In  no
event shall the location of the electric collection or distribution line
require  the  cutting of trees greater than 50 feet from such collection
or distribution line placed in or adjacent to such roads or 25 feet from
the center line of any corridor which is not adjacent to a road.
  (c) The easement will be conveyed by the department  of  environmental
conservation  and take effect only in the event a collection or distrib-
ution line proposed to be located on such easement  lands  is  certified
and  approved  as  part  of  a wind powered electric generation facility
pursuant to article 7 and/or 10 of the public service law.
  (d) The easement shall terminate  when  the  associated  wind  powered
electric  generation project ceases to operate for an extended period of
time as set forth in the easement and the easement shall then revert  to
the state to be managed by the department of environmental conservation.
Prior to reversion, any collection or distribution lines and any infras-
tructure  related thereto shall be removed by the entity controlling the
lines.
  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  such  department  deems  proper, upon application by an authorized
officer or employee of the entity proposing  the  wind-powered  electric
generation project described in section two hereof.
  (b) Prior to executing the easement, an authorized officer or employee
of  the  entity  applying  to  propose a transmission or collection line
route through the Boutwell Hill state forest as part of  an  application
pursuant  to article 7 or 10 of the public service law application shall
provide a survey of the easement and appraisal thereon to the department
of environmental conservation and shall prepare the easement, subject to
review and approval by the department.
  (c) The grant of the easement is conditioned on  compliance  with  the
environmental, health, safety and alternative reviews and subject to the
provisions of article 7 and/or 10 of the public service law.
  S 4. The applicant for the easement shall be responsible for the prep-
aration,  filing  and recording of all required easement maps or surveys
and related easement documents. The department of environmental  conser-
vation 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.  Such  maps  and  easement shall also be
recorded by the applicant with the office of general services.
  S 5. This act shall constitute sufficient proof of land  control  with
respect  to  proposed  easement  routes for a collection or distribution
line through the Boutwell Hill state forest for the purposes of  compli-
ance  with  the  application  requirements  of  articles 7 and 10 of the
public service law, and any associated regulations.
  S 6. This act shall take effect immediately.

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