senate Bill S3638

2013-2014 Legislative Session

Authorizes the commissioner of environmental conservation to grant utility easements within reforestation areas upon certain findings

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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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to environmental conservation
Feb 07, 2013 referred to environmental conservation

S3638 - Bill Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add ยง9-0511, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4759
2009-2010: S3617

S3638 - Bill Texts

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Authorizes the commissioner of environmental conservation to grant utility easements within a reforestation area upon certain findings.

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BILL NUMBER:S3638

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 Envi-
ronmental 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 deter-
mine 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 util-
ity 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 reforesta-
tion 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: 2011 - S. 4759

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

EFFECTIVE DATE: Immediately

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

                                  3638

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 7, 2013
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation  to  the
  granting of utility easements within reforestation areas

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

  Section 1. The environmental conservation law is amended by  adding  a
new section 9-0511 to read as follows:
S 9-0511. UTILITY EASEMENTS.
  THE  COMMISSIONER  IS HEREBY AUTHORIZED TO GRANT UTILITY EASEMENTS FOR
FAIR MARKET VALUE WITHIN A REFORESTATION AREA FOR THE PURPOSE OF PROVID-
ING ELECTRICAL POWER TO PERSONS RESIDING WITHIN SUCH  AREA.  SUCH  EASE-
MENTS  SHALL  BE  LIMITED  TO PLACEMENT WITHIN THE FOOTPRINT OF A PUBLIC
ROADWAY. ANY SUCH EASEMENT MAY BE GRANTED UPON APPLICATION BY ANY PERSON
RESIDING WITHIN A REFORESTATION AREA, WHERE GRANTING  OF  SUCH  EASEMENT
WOULD ALLOW SUCH APPLICANT TO RECEIVE ELECTRICAL POWER. IN MAKING HIS OR
HER  DETERMINATION  WITH  RESPECT TO WHETHER OR NOT AN APPLICATION FOR A
UTILITY EASEMENT SHALL BE GRANTED, THE COMMISSIONER SHALL CONSIDER:
  1. 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
  2. WHETHER OR NOT THE PUBLIC GOOD SHALL BE  SERVED  BY  GRANTING  SUCH
EASEMENT.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08543-01-3

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