Senate Bill S7010

2011-2012 Legislative Session

Authorizes the commissioner of environmental conservation to convey a utility easement over certain real property owned by the state of New York in the town of Orange

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 27, 2012	print number 7010a
Apr 27, 2012	amend and recommit to investigations and government operations
Apr 20, 2012	referred to investigations and government operations

Bill Amendments

Original

A (Active)

2011-S7010 - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Lands

2011-S7010 - Summary

Authorizes the commissioner of environmental conservation to convey a utility easement over certain real property owned by the state of New York in the town of Orange, county of Schuyler.

2011-S7010 - Sponsor Memo

                                BILL NUMBER:S7010

TITLE OF BILL:
An act to authorize the commissioner of environmental conservation to
convey a utility easement over certain real property owned by the state
of New York

PURPOSE:
To authorize the issuance of a permit to allow for a utility easement
over certain real property owned by the state of New York in the town of
Orange.

SUMMARY OF PROVISIONS:
Section 1: The commissioner of environmental conservation is authorized
to enter into a contract on behalf of the state of New York with the
owner of property located in the town of Orange, county of Schuyler for
a utility easement over a reforestation area.

Section 2: In order for the commissioner of environmental conservation
to issue the permit, he must review the proposed easement for environ-
mental compatibility and determine that there will be no significant
impact on the natural environment, wildlife and birds the aesthetics of
the region, outdoor recreational opportunities and whether or not the
public good will be served by granting such an easement.

Section 3: Stipulates the language that must be included describing the

metes and bounds of the easement, stipulates clearing and trimming of
vegetation is to be done by manual or mechanical means and the use of
chemicals or herbicides is prohibited unless prior approval is granted
by the department of Environmental Conservation.  All dealings with any
and all vegetation will be done in accordance with the special terms and
conditions as stated in a temporary revocable permit (TRP), or other
applicable instruments issued by division of lands and forests.

Section 4: The contract shall not become binding upon the state until
approved by the director of the budget and state comptroller. The
commissioner of general services will convey a permanent easement to the
grantee once he has complied with all the terms and conditions of the
contract.

Section 5: This act shall take effect immediately.

EXISTING LAW:
Existing law does not provide authority for the commissioner of environ-
mental conservation to issue easements over certain real property owned
by the state of New York.

JUSTIFICATION:
Article 9 of the Environmental Conservation Law prohibits 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 alternative power source,
This alternative power source actually may result in greater environ-
mental 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:
Similar S.4835 - 2005

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

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

2011-S7010 - Bill Text download pdf

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

                                  7010

                            I N  S E N A T E

                             April 20, 2012
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to authorize the commissioner of  environmental  conservation  to
  convey  a  utility  easement  over  certain real property owned by the
  state of New York

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

  Section  1.  Subject to the provisions of this act but notwithstanding
any inconsistent provisions of any general, special or  local  law,  the
commissioner  of  environmental conservation (hereinafter referred to as
"commissioner") is hereby authorized to enter into a contract for and on
behalf of and in the name of the state of New York  with  the  owner  of
real  property  located  at 284 East Mill Street, in the town of Orange,
county of Schuyler, or the company with whom such owner of real property
has contracted or intends to contract for the  provision  of  electrical
power  at  such  location  (hereinafter referred to as "grantee"), for a
utility easement over a reforestation area in the town of Orange, county
of Schuyler, in exchange for such consideration as shall be approved  by
the commissioner.
  S 2. The commissioner may define and convey the easement and right-of-
way  as authorized pursuant to section one of this act only upon consid-
eration of:
  (a) 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
  (b)  whether  or  not the public good shall be served by granting such
easement.
  S 3. The easement authorized to be conveyed pursuant to section one of
this act shall be described in an instrument  of  conveyance  describing
the  metes  and  bounds of such easement and shall include the following
language:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15320-01-2

S. 7010                             2

  A permanent right of way and easement  over  the  following  described
parcels  of  land  for the sole purpose of constructing, reconstructing,
relocating, extending, operating,  inspecting,  maintaining,  repairing,
replacing,  and  at  grantee's  pleasure,  removing any poles, towers or
lines  of  poles, lines of towers, supporting structures, cables, cross-
arms, overhead and underground wires, guys, braces, and  other  fixtures
and  appurtenances  which the grantee shall require now and from time to
time for the transmission and/or distribution of electric  current,  in,
upon,  over and across said land and/or the highways abutting or running
through said land and including the right to clear or trim vegetation to
the   edge   thereof   by   manual   or   mechanical   means.   Use   of
chemicals/herbicides  for  clearing  said  parcels  is prohibited unless
prior approval for the same is granted by  the  department  of  environ-
mental  conservation,  division  of  lands and forests. In order to give
such department sufficient notification  of,  and  to  allow  responsive
conveyance  of  needed  stipulations  and  requirements  specific to the
clearing and/or trimming actions to be undertaken by  the  grantee,  its
employees,  contractors  and  subcontractors,  and  its  successors  and
assigns, all work dealing with any and all vegetation will  be  done  in
accordance  with  the special terms and conditions as stated in a tempo-
rary revocable permit (TRP), or other applicable instrument,  issued  by
such division of lands and forests.
  Compensation  for  the  stumpage  value  for trees to be felled by the
grantee shall be paid to such department with the felled trees to become
the property of the grantee. Stumpage value is to  be  determined  by  a
department  forester  based on the most recent department stumpage price
report at the time the trees are felled.
  S 4. The commissioner may prescribe additional terms for such exchange
of real property. Such contract shall not become binding upon the  state
until  approved by the director of the budget and the state comptroller.
Notwithstanding the provisions of the public lands law,  the  conveyance
of  the  state-owned easement pursuant to such contract shall be without
reservation or exception, except as provided for in such contract.  Upon
certification  by  the  commissioner  to  the  commissioner  of  general
services of a copy of the contract, and certification that  the  grantee
has  complied  with  all terms and conditions of the contract upon their
part to be kept and performed, together with a description of the  ease-
ment  and  right-of-way  to  be  exchanged,  the commissioner of general
services shall convey the permanent easement as described in  accordance
with  the provisions of the contract. Any monies received by the depart-
ment of environmental conservation as part  of  this  exchange  of  real
property shall be deposited in the environmental protection fund.
  S 5. This act shall take effect immediately.

2011-S7010A (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Lands

2011-S7010A (ACTIVE) - Summary

Authorizes the commissioner of environmental conservation to convey a utility easement over certain real property owned by the state of New York in the town of Orange, county of Schuyler.

2011-S7010A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7010A

TITLE OF BILL:
An act to authorize the commissioner of environmental conservation to
convey a utility easement over certain real property owned by the state
of New York

PURPOSE:
To authorize the issuance of a permit to allow for a utility easement
over certain real property owned by the state of New York in the town of
Orange.

SUMMARY OF PROVISIONS:
Section 1: The commissioner of environmental conservation is authorized
to enter into a contract on behalf of the state of New York with the
owner of property located in the town of Orange, county of Schuyler,
designated as Sugar Hill Reforestation with identification number
72.00-1-10, or the company the owner has or will contract with for elec-
trical power for a utility easement over a reforestation area.

Section 2: In order for the commissioner of environmental conservation
to issue the permit, he must review the proposed easement for environ-
mental compatibility and determine that there will be no significant
impact on the natural environment, wildlife and birds the aesthetics of
the region, outdoor recreational opportunities and whether or not the
public good will be served by granting such an easement.

Section 3: Stipulates the language that must be included describing the
metes and bounds of the easement, stipulates clearing and trimming of
vegetation is to be done by manual or mechanical means and the use of
chemicals or herbicides is prohibited unless prior approval is granted
by the department of Environmental Conservation.  All dealings with any
and all vegetation will be done in accordance with the special terms and
conditions as stated in a temporary revocable permit (TRP), or other
applicable instruments issued by division of lands and forests.

Section 4: The contract shall not become binding upon the state until
approved by the director of the budget and state comptroller. The
commissioner of general services will convey a permanent easement to the
grantee once he has complied with all the terms and conditions of the
contract.

Section 5: This act shall take effect immediately.

EXISTING LAW:
Existing law does not provide authority for the commissioner of environ-
mental conservation to issue easements over certain real property owned
by the state of New York.

JUSTIFICATION:

Article 9 of the Environmental Conservation Law prohibits 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 alternative power source,
This alternative power source actually may result in greater environ-
mental 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:
Similar S.4835 - 2005

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

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

2011-S7010A (ACTIVE) - Bill Text download pdf

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

                                 7010--A

                            I N  S E N A T E

                             April 20, 2012
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  authorize the commissioner of environmental conservation to
  convey a utility easement over certain  real  property  owned  by  the
  state of New York

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

  Section 1. Subject to the provisions of this act  but  notwithstanding
any  inconsistent  provisions  of any general, special or local law, the
commissioner of environmental conservation (hereinafter referred  to  as
"commissioner") is hereby authorized to enter into a contract for and on
behalf  of  and  in  the name of the state of New York with the owner of
real property located in the town of Orange, county of Schuyler,  desig-
nated as Sugar Hill Reforestation with identification number 72.00-1-10,
or  the  company with whom such owner of real property has contracted or
intends to contract for  the  provision  of  electrical  power  at  such
location  (hereinafter referred to as "grantee"), for a utility easement
over a reforestation area in the town of Orange, county of Schuyler,  in
exchange  for such consideration as shall be approved by the commission-
er.
  S 2. The commissioner may define and convey the easement and right-of-
way as authorized pursuant to section one of this act only upon  consid-
eration of:
  (a) 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
  (b) whether or not the public good shall be served  by  granting  such
easement.
  S 3. The easement authorized to be conveyed pursuant to section one of
this  act  shall  be described in an instrument of conveyance describing

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15320-03-2

S. 7010--A                          2

the metes and bounds of such easement and shall  include  the  following
language:
  A  permanent  right  of  way and easement over the following described
parcels of land for the sole purpose  of  constructing,  reconstructing,
relocating,  extending,  operating,  inspecting, maintaining, repairing,
replacing, and at grantee's pleasure,  removing  any  poles,  towers  or
lines  of  poles, lines of towers, supporting structures, cables, cross-
arms, overhead and underground wires, guys, braces, and  other  fixtures
and  appurtenances  which the grantee shall require now and from time to
time for the transmission and/or distribution of electric  current,  in,
upon,  over and across said land and/or the highways abutting or running
through said land and including the right to clear or trim vegetation to
the   edge   thereof   by   manual   or   mechanical   means.   Use   of
chemicals/herbicides  for  clearing  said  parcels  is prohibited unless
prior approval for the same is granted by  the  department  of  environ-
mental  conservation,  division  of  lands and forests. In order to give
such department sufficient notification  of,  and  to  allow  responsive
conveyance  of  needed  stipulations  and  requirements  specific to the
clearing and/or trimming actions to be undertaken by  the  grantee,  its
employees,  contractors  and  subcontractors,  and  its  successors  and
assigns, all work dealing with any and all vegetation will  be  done  in
accordance  with  the special terms and conditions as stated in a tempo-
rary revocable permit (TRP), or other applicable instrument,  issued  by
such division of lands and forests.
  Compensation  for  the  stumpage  value  for trees to be felled by the
grantee shall be paid to such department with the felled trees to become
the property of the grantee. Stumpage value is to  be  determined  by  a
department  forester  based on the most recent department stumpage price
report at the time the trees are felled.
  S 4. The commissioner may prescribe additional terms for such exchange
of real property. Such contract shall not become binding upon the  state
until  approved by the director of the budget and the state comptroller.
Notwithstanding the provisions of the public lands law,  the  conveyance
of  the  state-owned easement pursuant to such contract shall be without
reservation or exception, except as provided for in such contract.  Upon
certification  by  the  commissioner  to  the  commissioner  of  general
services of a copy of the contract, and certification that  the  grantee
has  complied  with  all terms and conditions of the contract upon their
part to be kept and performed, together with a description of the  ease-
ment  and  right-of-way  to  be  exchanged,  the commissioner of general
services shall convey the permanent easement as described in  accordance
with  the provisions of the contract. Any monies received by the depart-
ment of environmental conservation as part  of  this  exchange  of  real
property shall be deposited in the environmental protection fund.
  S 5. This act shall take effect immediately.

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Senate Bill S7010

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

Bill Amendments

2011-S7010 - Details

2011-S7010 - Summary

2011-S7010 - Sponsor Memo

2011-S7010 - Bill Text download pdf

2011-S7010A (ACTIVE) - Details

2011-S7010A (ACTIVE) - Summary

2011-S7010A (ACTIVE) - Sponsor Memo

2011-S7010A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S7010

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Sponsored By

Thomas F. O'Mara

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

Bill Amendments

2011-S7010 - Details

2011-S7010 - Summary

2011-S7010 - Sponsor Memo

2011-S7010 - Bill Text download pdf

2011-S7010A (ACTIVE) - Details

2011-S7010A (ACTIVE) - Summary

2011-S7010A (ACTIVE) - Sponsor Memo

2011-S7010A (ACTIVE) - Bill Text download pdf

Comments