Assembly Bill A7140

2009-2010 Legislative Session

Authorizes the commissioner of environmental conservation to grant utility easements within reforestation areas upon certain findings

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A7140 (ACTIVE) - Details

See Senate Version of this Bill:
S3617
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add ยง9-0511, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: S4759
2013-2014: S3638
2015-2016: S1564

2009-A7140 (ACTIVE) - Summary

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

2009-A7140 (ACTIVE) - Bill Text download pdf

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

    S. 3617                                                  A. 7140

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             March 25, 2009
                               ___________

IN  SENATE -- Introduced by Sen. WINNER -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Environmental
  Conservation

IN ASSEMBLY -- Introduced by M. of A. O'MARA -- read once  and  referred
  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:

  Section  1.  The environmental conservation law is amended by adding a
new section 9-0511 to read as follows:
S 9-0511. UTILITY EASEMENTS.
  THE COMMISSIONER IS HEREBY AUTHORIZED TO GRANT UTILITY  EASEMENTS  FOR
FAIR MARKET VALUE WITHIN A REFORESTATION AREA FOR THE PURPOSE OF PROVID-
ING  ELECTRICAL  POWER  TO PERSONS RESIDING WITHIN SUCH AREA. SUCH EASE-
MENTS SHALL BE LIMITED TO PLACEMENT WITHIN THE  FOOTPRINT  OF  A  PUBLIC
ROADWAY. ANY SUCH EASEMENT MAY BE GRANTED UPON APPLICATION BY ANY PERSON
RESIDING  WITHIN  A  REFORESTATION AREA, WHERE GRANTING OF SUCH EASEMENT
WOULD ALLOW SUCH APPLICANT TO RECEIVE ELECTRICAL POWER. IN MAKING HIS OR
HER DETERMINATION WITH RESPECT TO WHETHER OR NOT AN  APPLICATION  FOR  A
UTILITY EASEMENT SHALL BE GRANTED, THE COMMISSIONER SHALL CONSIDER:
  1.  THE ENVIRONMENTAL COMPATIBILITY OF UTILITY POLES AND UTILITY LINES
WITH THEIR SURROUNDINGS, INCLUDING THE IMPACT OF SUCH POLES AND LINES ON
THE NATURAL ENVIRONMENT, WILDLIFE  AND  BIRDS,  THE  AESTHETICS  OF  THE
REGION AND OUTDOOR RECREATIONAL OPPORTUNITIES; AND
  2.  WHETHER  OR  NOT  THE PUBLIC GOOD SHALL BE SERVED BY GRANTING SUCH
EASEMENT.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03339-01-9


              

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