senate Bill S7489A

2013-2014 Legislative Session

Authorizes the department of environmental conservation to grant an easement through the Boutwell Hill state forest for electric generation facilities associated with a wind powered electric generation project

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Archive: Last Bill Status - Passed Senate


  • 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
Jun 12, 2014 referred to environmental conservation
delivered to assembly
passed senate
Jun 10, 2014 advanced to third reading
Jun 09, 2014 2nd report cal.
amended (t) 7489a
Jun 03, 2014 1st report cal.1157
May 15, 2014 referred to environmental conservation

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S7489 - Bill Details

See Assembly Version of this Bill:
A10087
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation

S7489 - Bill Texts

view summary

Authorizes the department to grant an easement through the Boutwell Hill state forest for electric generation facilities associated with a wind powered electric generation project.

view sponsor memo
BILL NUMBER:S7489

TITLE OF BILL: 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

PURPOSE: This bill authorizes the department of environmental conserva-
tion to grant an easement through the Boutwell Hill state forest for
electric generation facilities associated with a wind powered electric
generation project.

SUMMARY OF PROVISIONS:

Section 1 establishes the 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 renew-
able energy sources, including wind power, is essential.

Section 2 authorizes the Department of Environmental Conservation to
grant an easement for an electric distribution line on real property
within the Boutwell Hill state forest.

Section 3 establishes that the Department of Environmental Conservation
is authorized to grant such easement, without bid and for such reason-
able consideration that the department deems proper, upon application by
an authorized officer or employee of the wind powered electric gener-
ation project.

Section 4 establishes that the applicant for the easement shall be
responsible for the preparation and filing of any required easement maps
or surveys.

Section 5 establishes that 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 distrib-
ution 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.

JUSTIFICATION: In order for New York State to reduce greenhouse gases
and achieve the goals of the New York State Renewable Portfolio Stand-
ard, the State Energy Plan and similar policies, the development of
renewable energy sources including wind energy is essential.

This legislation authorizes the Department of Environmental Conserva-
tion, if they choose to do so, to grant an easement through the Boutwell
Hill State Forest for a wind energy project. This electric distribution
interconnection line will be subject to intensive review under Article
10 of the Public Service Law. The Towns of Charlotte and Cherry Creek,

where this electric distribution line would run, have both passed resol-
utions in support of this project.

This project has the potential to create economic benefits to the Towns
through construction and permanent employment, as well as direct and
indirect economic gain to the area.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: To be determined. Anticipated revenue to the state.

EFFECTIVE DATE: Effective immediately.

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                    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.

S7489A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A10087
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation

S7489A (ACTIVE) - Bill Texts

view summary

Authorizes the department to grant an easement through the Boutwell Hill state forest for electric generation facilities associated with a wind powered electric generation project.

view sponsor memo
BILL NUMBER:S7489A

TITLE OF BILL: An act to authorize an easement on a portion of real
property within the Boutwell Hill state forest in the county of Chautau-
qua for the location of electric collection or distribution facilities
in connection with a wind powered electric generation project located in
the towns of Charlotte and/or Cherry Creek

PURPOSE:

This bill authorizes the department of environmental conservation to
grant an easement through the Boutwell Hill state forest for electric
generation facilities associated with a wind powered electric generation
project.

SUMMARY OF PROVISIONS:

Section 1 establishes the 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 renew-
able energy sources, including wind power, is essential.

Section 2 authorizes the Department of Environmental Conservation to
grant an easement for an electric distribution line on real property
within the Boutwell Hill state forest.

Section 3 establishes that the Department of Environmental Conservation
is authorized to grant such easement, without bid and for such reason-
able consideration that the department deems proper, upon application by
an authorized officer or employee of the wind powered electric gener-
ation project.

Section 4 establishes that the applicant for the easement shall be
responsible for the preparation and filing of any required easement maps
or surveys.

Section 5 establishes that 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 distrib-
ution 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.

JUSTIFICATION:

In order for New York State to reduce greenhouse gases and achieve the
goals of the New York State Renewable Portfolio Standard, the State
Energy Plan and similar policies, the development of renewable energy
sources including wind energy is essential.

This legislation authorizes the Department of Environmental Conserva-
tion, if they choose to do so, to grant an easement through the Boutwell

Hill State Forest for a wind energy project. This electric distribution
interconnection line will be subject to intensive review under Article
10 of the Public Service Law.

The Towns of Charlotte and Cherry Creek, where this electric distrib-
ution line would run, have both passed resolutions in support of this
project.

This project has the potential to create economic benefits to the Towns
through construction and permanent employment, as well as direct and
indirect economic gain to the area.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

To be determined. Anticipated revenue to the state.

EFFECTIVE DATE:

Effective immediately.

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

                                 7489--A
    Cal. No. 1157

                            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
  -- reported favorably from said committee, ordered  to  first  report,
  amended  on  first  report,  ordered  to  a  second report and ordered
  reprinted, retaining its place in the order of second report

AN ACT to authorize an easement on a portion of real property within the
  Boutwell Hill state  forest  in  the  county  of  Chautauqua  for  the
  location   of   electric  collection  or  distribution  facilities  in
  connection with a wind powered electric generation project located  in
  the towns of Charlotte and/or Cherry Creek

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

  Section 1. Legislative intent. A proposed wind generation project,  in
the  county of Chautauqua in the towns of Charlotte and/or Cherry Creek,
could potentially 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  wind  power  project, an electric collection or
distribution line would need to pass through a portion of real  property
immediately  adjacent  to  or  within  the right of ways of public roads
running through the Boutwell Hill state forest.  The  legislature  finds
that  it  will serve a useful public purpose to authorize the department
of environmental conservation to execute an easement agreement for  real
property  within  the  Boutwell Hill state forest for such collection or
distribution line  and  appropriate  access,  in  the  event  that  such
collection  or distribution line proposed to be located on such easement
lands is certified pursuant to article 7 or 10  of  the  public  service
law.
  S  2. Notwithstanding the provisions of section 9-0501 of the environ-
mental conservation law and the provisions of the public lands law,  the
department of environmental conservation is authorized to grant an ease-
ment  for  an  electric collection or distribution line on real property
within the Boutwell Hill state forest, which meets the following  condi-
tions:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15043-02-4

S. 7489--A                          2

  (a)  The  easement  is for an electric collection or distribution line
which is part of a wind powered electric generation project  located  in
the towns of Charlotte and/or Cherry Creek.
  (b) The easement is for a portion of property within the Boutwell Hill
state  forest  owned by the state and managed by the department of envi-
ronmental conservation. The collection or  distribution  line  shall  be
located  within  50  feet of the center line of the road corridor within
the state forest and, should a portion of the line not be located  along
a  road corridor, the corridor for such line shall not exceed 50 feet in
width and 1500 feet in length across Boutwell Hill state forest.  In  no
event shall the location of the electric collection or distribution line
require  the  cutting of trees greater than 50 feet from such collection
or distribution line placed in or adjacent to such roads or 25 feet from
the center line of any corridor which is not adjacent to a road.
  (c) The easement will be conveyed by the department  of  environmental
conservation  and take effect only in the event a collection or distrib-
ution line proposed to be located on such easement  lands  is  certified
and  approved  as  part  of  a wind powered electric generation facility
pursuant to article 7 and/or 10 of the public service law.
  (d) The easement shall terminate  when  the  associated  wind  powered
electric  generation project ceases to operate for an extended period of
time as set forth in the easement and the easement shall then revert  to
the state to be managed by the department of environmental conservation.
Prior to reversion, any collection or distribution lines and any infras-
tructure  related thereto shall be removed by the entity controlling the
lines.
  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  such  department  deems  proper, upon application by an authorized
officer or employee of the entity proposing  the  wind-powered  electric
generation project described in section two hereof.
  (b) Prior to executing the easement, an authorized officer or employee
of  the  entity  applying  to  propose a transmission or collection line
route through the Boutwell Hill state forest as part of  an  application
pursuant  to article 7 or 10 of the public service law application shall
provide a survey of the easement and appraisal thereon to the department
of environmental conservation and shall prepare the easement, subject to
review and approval by the department.
  (c) The grant of the easement is conditioned on  compliance  with  the
environmental, health, safety and alternative reviews and subject to the
provisions of article 7 and/or 10 of the public service law.
  S 4. The applicant for the easement shall be responsible for the prep-
aration,  filing  and recording of all required easement maps or surveys
and related easement documents. The department of environmental  conser-
vation 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.  Such  maps  and  easement shall also be
recorded by the applicant with the office of general services.
  S 5. This act shall constitute sufficient proof of land  control  with
respect  to  proposed  easement  routes for a collection or distribution
line through the Boutwell Hill state forest for the purposes of  compli-
ance  with  the  application  requirements  of  articles 7 and 10 of the
public service law, and any associated regulations.
  S 6. This act shall take effect immediately.

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