S T A T E O F N E W Y O R K
________________________________________________________________________
7489
I N S E N A T E
May 15, 2014
___________
Introduced by Sen. YOUNG -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to authorize the department of environmental conservation to
grant an easement on a portion of real property within the Boutwell
Hill state forest in the county of Chautauqua for the location of
electric distribution facilities in connection with a wind powered
electric generation project located in either or both of the towns of
Charlotte and Cherry Creek
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. For the state to achieve the goals of
the New York state renewable portfolio standard, the state energy plan
and similar state energy policies, the development of renewable energy
sources, including wind power, is essential. A proposed wind generation
project in the towns of Charlotte and Cherry Creek, in the county of
Chautauqua, could generate up to 200 megawatts of clean renewable elec-
tricity from wind power with minimal impact on the environment compared
with other electric generation sources. To maximize the production of
electricity from such a wind power project, an electric distribution
line would need to be located on a portion of real property adjacent to
or within the right of ways of public roads running through the Boutwell
Hill state forest. The legislature finds that authorizing the depart-
ment of environmental conservation to enter into an easement agreement
for real property within the Boutwell Hill state forest for such
distribution line and appropriate access, conditioned on the requirement
that such distribution line is subsequently certified pursuant to arti-
cle 10 of the public service law would serve a useful public purpose.
S 2. Notwithstanding the provisions of section 9-0501 of the environ-
mental conservation law and article 7 of the public lands law, the
department of environmental conservation is authorized to grant an ease-
ment for an electric distribution line on real property within the Bout-
well Hill state forest, which meets the following conditions:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15043-01-4
S. 7489 2
a. the easement is for an electric distribution line which is part of
a wind powered electric generation project located in either or both of
the towns of Charlotte and Cherry Creek, in the county of Chautauqua;
b. The easement is for property or a portion of property within the
Boutwell Hill state forest, in which the state or the department of
environmental conservation has an interest and is located under East
Road, Boutwell Hill Road, Stanford Road, Housington Road and/or Lewis
Road and/or within 100 feet of the center lines of such roads;
c. the easement is conditioned upon and will take effect only in the
event a distribution line proposed to be located on such easement lands
is subsequently certified and approved as part of a wind powered elec-
tric generation facility pursuant to article 10 of the public service
law; and
d. the easement shall terminate when the associated wind powered elec-
tric generation project ceases to operate.
S 3. a. In entering into the easement described in section two of this
act the department of environmental conservation is authorized to grant
such easement, without bid and for such reasonable consideration that
the department deems proper, upon application by an authorized officer
or employee of the wind powered electric generation project described in
section two of this act.
b. The grant of the easement, which is conditioned on compliance with
the environmental, health and safety and alternative reviews and certif-
ication under article 10 of the public service law, shall be exempt from
compliance with article 8 of the environmental conservation law.
S 4. The applicant for the easement shall be responsible for the prep-
aration and filing of any required easement maps or surveys. The depart-
ment of environmental conservation shall cause any maps or surveys and
related easement documents to be filed in the regional office of such
department wherein the Boutwell Hill state forest is located and such
additional locations as the department deems appropriate or is required
by law to be filed or recorded. Such map and lease or easement shall
also be recorded with the office of general services.
S 5. The existence of this act or an easement granted in accordance
with this act, shall constitute sufficient proof of land control with
respect to a proposed easement route for a distribution line through the
Boutwell Hill state forest for the purposes of compliance with the
application requirements of article 10 of the public service law and any
associated regulations.
S 6. This act shall take effect immediately.
