senate Bill S1341

2011-2012 Legislative Session

Authorizes the lease of lands adjacent to state, public authority and local highways for operation of wind or solar electric generating systems

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to transportation
Jan 06, 2011 referred to transportation

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S1341 - Bill Details

See Assembly Version of this Bill:
A5520
Current Committee:
Law Section:
Highway Law
Laws Affected:
Amd §§10, 102 & 140, Hway L; amd §1265, Pub Auth L
Versions Introduced in 2009-2010 Legislative Session:
S7734, A10243

S1341 - Bill Texts

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Authorizes the lease of lands adjacent to state, county and town highways for operation of wind or solar electric generating systems; authorizes the metropolitan transportation authority to enter into such leases.

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BILL NUMBER:S1341

TITLE OF BILL:
An act
to amend the highway law, in relation to authorizing the leasing of land
adjacent to state and local highways for the purpose of the construction
and operation of solar and wind electric generating systems;
and to amend the public authorities law, in relation to granting such
authorization to the metropolitan transportation authority

PURPOSE:
To authorize the lease of lands adjacent to state and county
highways for operation of wind or solar electric generating systems.

SUMMARY OF PROVISIONS:
Section 1 amends Section 10 of the highway law by adding a
new subdivision 38-a.

Section 2 amends Section 102 of the highway law by adding a new
subdivision 19.

Section 3 amends Section 140 of the highway law by adding a new
subdivision 20.

JUSTIFICATION:
This legislation will help to spur economic
opportunities in alternative energy as well as energy independence by
creating a mechanism for the leasing of lands adjacent to state and
county highways for operation of wind or solar electric generating
systems.

Other states have already pioneered the use of highway right of ways
for siting alternative solar energy generating systems. In 2008, the
State of Oregon installed the country's first solar project in a
highway right of way. The project consists of a 104 kW solar
photovoltaic system that covers 8,000 square feet- roughly the length
of two football fields- and produces 112,000 kWh each year. The solar
panels produce electricity during the day, giving the power to the
PGE grid, and getting the equivalent amount of power back at night
from PGE to power lighting on the highway_ Electricity for the
highway interchange is provided by PGE and the added solar power is
handled through a net metering arrangement A live monitoring log is at:
http://www.live.declunonitoring.com/?id=solarhighway

Sacramento Municipal Utility District in California will also be
building solar arrays along state highways, starting with a
1.5-megawatt project along Highway 50. This solar highway project
received $5 million
in federal funding in January 2010, authorized by the American
Recovery and Reinvestment Act of 2009.

New technologies also exist for solar panels that double as sound
walls reducing highway noise near residential neighborhoods. Solar
sound bathers are in used in Switzerland, Germany and Australia.

LEGISLATIVE HISTORY:


2010: S.7734/A.10243

FISCAL IMPLICATIONS:
No fiscal implications.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  1341

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced by Sens. DILAN, DIAZ, PARKER -- read twice and ordered print-
  ed,  and  when printed to be committed to the Committee on Transporta-
  tion

AN ACT to amend the highway law, in relation to authorizing the  leasing
  of  land  adjacent  to state and local highways for the purpose of the
  construction and operation  of  solar  and  wind  electric  generating
  systems;  and  to  amend  the  public  authorities law, in relation to
  granting such authorization to the metropolitan transportation author-
  ity

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

  Section  1.  Section  10 of the highway law is amended by adding a new
subdivision 38-a to read as follows:
  38-A. HAVE THE POWER TO LEASE, FOR A TERM NOT  TO  EXCEED  NINETY-NINE
YEARS,  THE  PROPERTY  RIGHTS  IN  AIR  SPACE,  AND/OR UNUSED SURFACE OR
SUBSURFACE SPACE IN CONNECTION WITH ANY STATE-OWNED PROPERTY  UNDER  HIS
OR  HER  JURISDICTION  OR  OTHER  PROPERTY  ACQUIRED  FOR  STATE HIGHWAY
PURPOSES. SUCH LEASES SHALL BE FOR THE PURPOSES OF THE CONSTRUCTION  AND
OPERATION OF SOLAR AND/OR WIND ELECTRIC GENERATING SYSTEMS. SUCH SYSTEMS
MAY  BE  MOUNTED UPON SOUND BARRIERS, RETAINING WALLS, OPEN UNOBSTRUCTED
AREAS, PARKING LOTS, BRIDGES, BRIDGE STRUCTURES, SIGNS, SIGN  STRUCTURES
AND  UPON ANY OTHER AREA UPON THE LEASED REAL PROPERTY. THE CONSTRUCTION
AND OPERATION OF SOLAR AND WIND ELECTRIC GENERATING SYSTEMS SUBJECT TO A
LEASE AUTHORIZED BY THIS SUBDIVISION  SHALL  BE  SUBJECT  TO  STATE  AND
FEDERAL  LAW,  RULES  AND  REGULATIONS,  BUT SHALL NOT BE SUBJECT TO ANY
LOCAL LAW, RESOLUTION, ORDINANCE, RULE OR REGULATION. THE TERMS  OF  ANY
SUCH  LEASE SHALL BE DETERMINED BY THE COMMISSIONER AND SHALL BE SUBJECT
TO THE APPROVAL OF THE ATTORNEY GENERAL. IN  ORDER  TO  CARRY  ANY  SUCH
LEASE  INTO EFFECT, THE COMMISSIONER IS HEREBY AUTHORIZED TO EXECUTE AND
DELIVER, IN THE NAME OF THE PEOPLE OF THE STATE, A LEASE TO SUCH PROPER-
TY RIGHTS. EACH SUCH INSTRUMENT OF LEASE SHALL BE PREPARED BY THE ATTOR-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03018-01-1

S. 1341                             2

NEY GENERAL. NO SUCH LEASE BY THE COMMISSIONER SHALL DEPRIVE AN ABUTTING
LANDOWNER OF HIS OR HER RIGHT OF ACCESS.
  S  2. Section 102 of the highway law is amended by adding a new subdi-
vision 19 to read as follows:
  19. HAVE THE POWER, SUBJECT TO THE APPROVAL OF  THE  COUNTY  GOVERNING
BODY, TO LEASE, FOR A TERM NOT TO EXCEED NINETY-NINE YEARS, THE PROPERTY
RIGHTS  IN  AIR  SPACE,  AND/OR  UNUSED  SURFACE  OR SUBSURFACE SPACE IN
CONNECTION WITH ANY COUNTY-OWNED PROPERTY UNDER HIS OR HER  JURISDICTION
OR  OTHER  PROPERTY ACQUIRED FOR COUNTY ROAD PURPOSES. SUCH LEASES SHALL
BE FOR THE PURPOSES OF THE CONSTRUCTION AND OPERATION  OF  SOLAR  AND/OR
WIND ELECTRIC GENERATING SYSTEMS. SUCH SYSTEMS MAY BE MOUNTED UPON SOUND
BARRIERS, RETAINING WALLS, OPEN UNOBSTRUCTED AREAS, PARKING LOTS, BRIDG-
ES,  BRIDGE  STRUCTURES,  SIGNS, SIGN STRUCTURES AND UPON ANY OTHER AREA
UPON THE LEASED REAL PROPERTY. THE CONSTRUCTION AND OPERATION  OF  SOLAR
AND  WIND  ELECTRIC  GENERATING SYSTEMS SUBJECT TO A LEASE AUTHORIZED BY
THIS SUBDIVISION SHALL BE SUBJECT TO STATE AND FEDERAL  LAW,  RULES  AND
REGULATIONS,  BUT  SHALL  NOT  BE  SUBJECT TO ANY LOCAL LAW, RESOLUTION,
ORDINANCE, RULE OR REGULATION. THE TERMS OF  ANY  SUCH  LEASE  SHALL  BE
DETERMINED  BY  THE  COUNTY  SUPERINTENDENT, AND SHALL BE SUBJECT TO THE
APPROVAL OF THE COUNTY GOVERNING BODY. SUCH LEASE BY THE  COUNTY  SUPER-
INTENDENT SHALL NOT DEPRIVE AN ABUTTING LANDOWNER OF HIS OR HER RIGHT OF
ACCESS.
  S  3. Section 140 of the highway law is amended by adding a new subdi-
vision 20 to read as follows:
  20. HAVE THE POWER, SUBJECT TO THE APPROVAL  OF  THE  TOWN  BOARD,  TO
LEASE,  FOR  A TERM NOT TO EXCEED NINETY-NINE YEARS, THE PROPERTY RIGHTS
IN AIR SPACE, AND/OR UNUSED SURFACE OR SUBSURFACE  SPACE  IN  CONNECTION
WITH  ANY  TOWN-OWNED  PROPERTY  UNDER  HIS OR HER JURISDICTION OR OTHER
PROPERTY ACQUIRED FOR TOWN ROAD PURPOSES. SUCH LEASES SHALL BE  FOR  THE
PURPOSES OF THE CONSTRUCTION AND OPERATION OF SOLAR AND/OR WIND ELECTRIC
GENERATING  SYSTEMS.  SUCH  SYSTEMS  MAY BE MOUNTED UPON SOUND BARRIERS,
RETAINING WALLS, OPEN UNOBSTRUCTED AREAS, PARKING LOTS, BRIDGES,  BRIDGE
STRUCTURES,  SIGNS,  SIGN  STRUCTURES  AND  UPON ANY OTHER AREA UPON THE
LEASED REAL PROPERTY. THE CONSTRUCTION AND OPERATION OF SOLAR  AND  WIND
ELECTRIC GENERATING SYSTEMS SUBJECT TO A LEASE AUTHORIZED BY THIS SUBDI-
VISION  SHALL BE SUBJECT TO STATE AND FEDERAL LAW, RULES AND REGULATIONS
BUT SHALL NOT BE SUBJECT TO ANY LOCAL LAW, RESOLUTION,  ORDINANCE,  RULE
OR  REGULATION.  THE  TERMS OF ANY SUCH LEASE SHALL BE DETERMINED BY THE
TOWN SUPERINTENDENT, AND SHALL BE SUBJECT TO THE APPROVAL  OF  THE  TOWN
BOARD.  SUCH LEASE BY THE TOWN SUPERINTENDENT SHALL NOT DEPRIVE AN ABUT-
TING LANDOWNER OF HIS OR HER RIGHT OF ACCESS.
  S 4. Section 1265 of the public authorities law is amended by adding a
new subdivision 15 to read as follows:
  15. TO LEASE, FOR A TERM NOT TO EXCEED NINETY-NINE YEARS, THE PROPERTY
RIGHTS IN AIR SPACE,  AND/OR  UNUSED  SURFACE  OR  SUBSURFACE  SPACE  IN
CONNECTION  WITH ANY AUTHORITY OWNED PROPERTY OR OTHER PROPERTY ACQUIRED
FOR AUTHORITY PURPOSES. SUCH LEASES SHALL BE FOR  THE  PURPOSES  OF  THE
CONSTRUCTION  AND  OPERATION  OF  SOLAR  AND/OR WIND ELECTRIC GENERATING
SYSTEMS. SUCH SYSTEMS MAY BE  MOUNTED  UPON  SOUND  BARRIERS,  RETAINING
WALLS,  OPEN  UNOBSTRUCTED  AREAS,  PARKING LOTS, BRIDGES, BRIDGE STRUC-
TURES, SIGNS, SIGN STRUCTURES AND UPON ANY OTHER AREA  UPON  THE  LEASED
REAL PROPERTY. THE CONSTRUCTION AND OPERATION OF SOLAR AND WIND ELECTRIC
GENERATING  SYSTEMS  SUBJECT  TO  A LEASE AUTHORIZED BY THIS SUBDIVISION
SHALL BE SUBJECT TO STATE AND FEDERAL LAW, RULES  AND  REGULATIONS,  BUT
SHALL  NOT  BE  SUBJECT TO ANY LOCAL LAW, RESOLUTION, ORDINANCE, RULE OR
REGULATION. THE TERMS OF ANY SUCH  LEASE  SHALL  BE  DETERMINED  BY  THE

S. 1341                             3

AUTHORITY.  SUCH  LEASE  BY  THE AUTHORITY SHALL NOT DEPRIVE AN ABUTTING
LANDOWNER OF HIS OR HER RIGHT OF ACCESS.
  S 5. This act shall take effect immediately.

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