senate Bill S401

2013-2014 Legislative Session

Authorizes the lease of lands adjacent to state, public authority and local highways for operation of wind or solar electric generating systems

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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 transportation
Jan 09, 2013 referred to transportation

S401 - Details

See Assembly Version of this Bill:
A5623
Current Committee:
Law Section:
Highway Law
Laws Affected:
Amd §§10, 102 & 140, Hway L; amd §1265, Pub Auth L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1341, A5520
2009-2010: S7734, A10243

S401 - Summary

Authorizes the lease of lands adjacent to state, county and town highways for operation of wind or solar electric generating systems; authorizes the metropolitan transportation authority to enter into such leases.

S401 - Sponsor Memo

S401 - Bill Text download pdf

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

                                   401

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the highway law, in relation to authorizing the  leasing
  of  land  adjacent  to state and local highways for the purpose of the
  construction and operation  of  solar  and  wind  electric  generating
  systems;  and  to  amend  the  public  authorities law, in relation to
  granting such authorization to the metropolitan transportation author-
  ity

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

  Section  1.  Section  10 of the highway law is amended by adding a new
subdivision 38-a to read as follows:
  38-A. HAVE THE POWER TO LEASE, FOR A TERM NOT  TO  EXCEED  NINETY-NINE
YEARS,  THE  PROPERTY  RIGHTS  IN  AIR  SPACE,  AND/OR UNUSED SURFACE OR
SUBSURFACE SPACE IN CONNECTION WITH ANY STATE-OWNED PROPERTY  UNDER  HIS
OR  HER  JURISDICTION  OR  OTHER  PROPERTY  ACQUIRED  FOR  STATE HIGHWAY
PURPOSES. SUCH LEASES SHALL BE FOR THE PURPOSES OF THE CONSTRUCTION  AND
OPERATION OF SOLAR AND/OR WIND ELECTRIC GENERATING SYSTEMS. SUCH SYSTEMS
MAY  BE  MOUNTED UPON SOUND BARRIERS, RETAINING WALLS, OPEN UNOBSTRUCTED
AREAS, PARKING LOTS, BRIDGES, BRIDGE STRUCTURES, SIGNS, SIGN  STRUCTURES
AND  UPON ANY OTHER AREA UPON THE LEASED REAL PROPERTY. THE CONSTRUCTION
AND OPERATION OF SOLAR AND WIND ELECTRIC GENERATING SYSTEMS SUBJECT TO A
LEASE AUTHORIZED BY THIS SUBDIVISION  SHALL  BE  SUBJECT  TO  STATE  AND
FEDERAL  LAW,  RULES  AND  REGULATIONS,  BUT SHALL NOT BE SUBJECT TO ANY
LOCAL LAW, RESOLUTION, ORDINANCE, RULE OR REGULATION. THE TERMS  OF  ANY
SUCH  LEASE SHALL BE DETERMINED BY THE COMMISSIONER AND SHALL BE SUBJECT
TO THE APPROVAL OF THE ATTORNEY GENERAL. IN  ORDER  TO  CARRY  ANY  SUCH
LEASE  INTO EFFECT, THE COMMISSIONER IS HEREBY AUTHORIZED TO EXECUTE AND
DELIVER, IN THE NAME OF THE PEOPLE OF THE STATE, A LEASE TO SUCH PROPER-
TY RIGHTS. EACH SUCH INSTRUMENT OF LEASE SHALL BE PREPARED BY THE ATTOR-

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

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