Assembly Bill A10197

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

                                  10197

                          I N  A S S E M B L Y

                              May 10, 2012
                               ___________

Introduced by M. of A. FRIEND -- read once and referred to the Committee
  on Environmental Conservation

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
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.
                                                           LBD15320-04-2
              

A. 10197                            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.