BILL NUMBER:S4759

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the granting
of utility easements within reforestation areas

PURPOSE:
To authorize the issuance of a permit to allow for a utility easement
along a public roadway on state owned reforestation land.

SUMMARY OF PROVISIONS:
The bill adds a new Section 9-0511 of the Environmental Conservation
Law to provide that DEC may issue a permit for the placement of
utility lines along a public roadway right of way in instances where
the municipal entity holding the right of way includes the placement
of utilities.
In order to issue the permit, DEC must review the proposed easement
for environmental compatibility and determine that there will be no
significant impact on the environment when considered in light
of likely alternative energy sources. (i.e., a propane tank and/or a
generator.)

EXISTING LAW:
Existing law does not provide authority for DEC to issue easements
along public right of ways in state owned reforestation lands to
              

private landowners.

JUSTIFICATION:
Article 9 of the Environmental Conservation law has been interpreted
by DEC to prohibit DEC from issuing a right of way for utility
purposes through an existing public roadway in order to provide
utility service to private individuals who own cabins within the
reforestation land.
Section 9-0501 of the ECL provides that reforestation lands consist of
lands of at least 500 contiguous acres which are forever devoted to
the planting, growing, and harvesting of trees. Many of these
reforestation areas were acquired with existing residential cabins,
and public roadways. In instances where a cabin owner wishes to
provide utility service to his residence, he is often forced to opt
for the use of a generator as an alternative power source. This
alternative
power source actually may result in greater environmental stress than
electric service. There are an increasing number of individuals who
are turning former seasonal cabins into year round homes for
retirement usage which could utilize utility service.

LEGISLATIVE HISTORY:
2009 - S.3617, A.7140

FISCAL IMPLICATIONS:
Minimal cost based on review process and permit issuance.

EFFECTIVE DATE:
Immediately.