NY State Senate Bill 2015-S8027

Senate Bill S8027

2015-2016 Legislative Session

Enacts legislation to implement a constitutional amendment authorizing the placement of public utility line and bike paths in the forest preserve and establishing land banks

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2016	referred to environmental conservation delivered to assembly passed senate
Jun 08, 2016	ordered to third reading cal.1595
Jun 06, 2016	referred to rules

Votes

- Jun 14, 2016 - Floor Vote
  S8027
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Parker
  Jun 8, 2016 - Rules Committee Vote
  S8027
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 8, 2016
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Farley
      
      Flanagan
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Gianaris
      
      excused (1)
      
      Espaillat

co-Sponsors

View additional co-sponsors

2015-S8027 (ACTIVE) - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §9-0309, En Con L; amd §97-e, St Fin L
Versions Introduced in 2017-2018 Legislative Session:: S2608

2015-S8027 (ACTIVE) - Summary

Enacts legislation implementing the provisions of a constitutional amendment authorizing public utility lines and bike paths to be located within the forest preserve, and establishes land banks within such preserve for public projects.

2015-S8027 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8027

 TITLE OF BILL :  An act to amend the environmental conservation law
and the state finance law, in relation to the regional land banks for
projects on state land in the forest preserve

 PURPOSE :

The purpose of this bill is to amend the Environmental Conservation
Law (ECL) to allow the use of state lands for public utilities and
bike paths and to establish regional land banks for local roads,
bridges, public water supplies and public utilities in the Adirondacks
and Catskills pursuant to an amendment to Article XIV of the
Constitution, and the State Finance Law in relation to the Forest
Preserve Expansion Fund.

 SUMMARY OF PROVISIONS :

Section 1 of this bill adds a new ECL § 9-0309, "Use of certain state
lands in forest preserve counties for public utilities and regional
land bank for projects on state lands." This section would allow
utility lines to be buried or co-located within the maintained width
of highways that traverse state lands and allow construction of bike
paths in such areas.

This section would also establish two land banks in forest preserve

counties, 500 acres for the Adirondack region and 250 acres for the
Catskill region. The land banks could be available to towns, counties,
public water supplies and public utilities for highway, bridge, bike
path, environmental infrastructure, water supply, and public utility
projects where no feasible alternative exists. An individual project
would be limited to no more than five acres. No more than ten acres in
total could be used by an individual town or fifteen acres by an
individual county, unless authorized by the legislature. Any project
sponsor that uses land from the land bank would be required to pay an
amount equal to the value of the state lands or easement into an
account for acquisitions to the forest preserve and funds collected
would be used to purchase land for addition to the forest preserve.
Any public utility or water supply project would have to be approved
by the town or towns where the project is proposed.

DEC would have to acquire 750 acres of land for addition to the forest
preserve which would be classified as wilderness prior to allowing the
use of the land bank.

Section 2 of this bill amends State Finance Law § 97-e to allow for
moneys received for a regional land bank transaction to be deposited
into the forest preserve expansion fund. This section also clarifies
that the moneys in the fund shall be used for the acquisition of
additional lands for the forest preserve as well as the conservation
of forest and wild life in forest preserve counties.

Section 3 of this bill provides that the act is effective upon passage
of a constitutional amendment authorizing the establishment of a
forest preserve land bank for public project.

 JUSTIFICATION :

Article XIV of the State Constitution prevents state lands, including
forest preserve, reforestation areas, and wildlife management areas,
in Adirondack and Catskill counties from being leased, sold or
exchanged and prohibits them from being taken by any public or private
corporation. Thus, alienation of these lands requires a Constitutional
Amendment, passed by two successive, separately elected legislatures
and ratified by the electorate at a general election. This process is
intended to set a high standard for the alienation of state lands.
However, this process is overly cumbersome, time consuming and
expensive for small communities that need small amounts of state land
for water supply, road and utility projects critical to the public
health and safety.

The state's land acquisition program has caused the forest preserve to
nearly quadruple in size since 1895, when the forest preserve was
first given constitutional protection. In 1895, the preserve included
750,000 acres; now, the preserve includes nearly 3,000,000 acres. In
one Adirondack town, Arietta, the State owns 93 percent of the land,
while in Hamilton County the State owns more than 50 percent of the
land. The presence of state land has frustrated the siting of basic
public projects. Sometimes, due to land ownership patterns, the only
feasible alternative is to site a project on state land. The inability
to use State land can also result in the loss of funding for essential
projects.

For example, in 2008 the town of Elizabethtown received $6.4 million
in federal funding to install and upgrade much needed sewer lines.
However, the town discovered late in the process that the lines would
cross a small area of forest preserve land. The town did not have the
resources necessary to advance an amendment allowing the lines to
cross the preserve lands. Moreover, there was a three year limit on
federal grant funds for the project and, because first and second
passage of the joint resolution by the legislature requires passage in
two separate sessions of the legislature and then a vote of the
people, an individual, site-specific Constitutional Amendment could
not be secured before funding for the project expired. Therefore,
federal funding for the project was lost and the needed sewer line
project has yet to be completed.

A second example of where the anti-alienation provisions in Article
XIV have prevented an important public health and safety project from
moving forward is the relocation of the Middleton Bridge in the Town
of Horicon. The existing bridge crossing the Schroon River was closed
due to structural problems and a new replacement bridge is needed.
However, the new bridge needs to be located upstream from the existing
bridge because the road leading to the existing bridge is subject to
periodic flooding of the river. The best location for the new bridge
would cross the river where the state owns both river banks, and the
state land is subject to Article XIV's anti-alienation provisions. As
a result, the bridge cannot be constructed without a constitutional
amendment. The Town of Horicon lacks the resources to secure first and
second legislative passage of an amendment and to produce the
educational materials necessary to inform the voters of the State as
to the need for the bridge. Consequently, a replacement bridge has not
been built. Access to the residences on the east side of the river is
currently by a lengthy, indirect route, creating an unreasonable
emergency responder response time.

Since 1894, a small handful of amendments to Article XIV have been
passed to address public health, safety and welfare issues. These
amendments have normally been site specific and required land
exchanges whereby the State receives, for inclusion in the forest
preserve, land that is greater in value and acreage than the land that
is being taken out of the forest preserve:

In 2007, the voters approved an amendment allowing the Town of Long
Lake to acquire one acre of forest preserve land for the siting of
drinking water wells to provide potable water to the hamlet of
Raquette Lake in exchange for not less than 12 acres of land at least
equal in value to the acre conveyed to the Town. Raquette Lake had
been using unfiltered water from the local reservoir, built on Forest
Preserve land under Article XIV Section 2 of the Constitution, which
allows not more than three percent of Forest Preserve land to be used
for surface reservoirs for municipal water supply and canals.
However, the water failed drinking water standards and the State
Department of Health ordered the town to either filter the water or
find an alternative ground water supply. By 2005, the water supply
became a serious health and safety problem, elevating levels of
potential carcinogens and causing the Department of Health to warn
residents to boil their drinking water. The only feasible location for
a new water supply was wells on Forest Preserve land; the town could
not afford a filtration plant. Due to the severity of the water
problem, the wells were constructed on Forest Preserve land prior to
the adoption of an authorizing constitutional amendment.

In 2009, the voters approved an amendment authorizing a land exchange
between the State and National Grid, for the construction of a new 46
kV power line across six acres of Forest Preserve land adjoining State
Route 56 in St. Lawrence County. Due to chronic power outages in Lake
Placid, Saranac Lake and Tupper Lake, National Grid was under a
Federal Energy Regulatory Commission (FERC) order to provide a
redundant power line to service the communities. First legislative
passage of a joint resolution occurred, but after the legislature
adjourned it was discovered that the resolution contained a fatal flaw
and first passage would need to be secured in the next legislative
session. This delay in the amendment process meant that the amendment
could not be passed in time to meet a deadline set forth in the FERC
order. The power line was then constructed without constitutional
authorization, which was subsequently acquired.

It is unreasonable that these basic projects cannot move forward
without individual amendments to the state constitution. Similar
amendments authorizing the use of State land are not required anywhere
else in the state.

The proposal should not, however, result in the widespread misuse of
state lands. All projects will need to be approved by DEC after public
review and comment, and any project can be denied by DEC if a feasible
alternative to the use of state land exist, environmental impacts
aren't minimized by the use of state land, or the state land has
critical environmental or recreational value.

The acreage contained in the land bank is also limited: 250 acres in
the Catskill region and 500 acres in the Adirondack region. No
individual project may use more than five acres of land. Without
specific authorizing legislation, no town could utilize in total more
than ten acres, and no county could utilize more than 15 acres.
Moreover, the proposal requires that the integrity of the forest
preserve be protected: project proponents would be required to pay the
State the appraised value of the state land to be utilized, which
payment would be deposited in the existing forest preserve expansion
fund. And the State will acquire land that will be classified as
wilderness - the most restrictive land classification - in advance of
allowing the land bank to be used, in addition to forest preserve
acquisition using the funds received for utilization of the land bank.

The amendment and this accompanying implementing legislation would
only serve to eliminate constitutional restrictions on the siting of
certain types of projects on State lands in Forest Preserve counties;
other applicable law is not being overridden. The State Environmental
Quality Review Act, the wetlands act, the rivers act, the Adirondack
Park Agency Act, the Clean Water Act, and all other laws which are not
inconsistent with the provisions of this constitutional amendment will
continue to apply to all projects.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :
This would result in increased funding to be available for the
acquisition of new lands for the Forest Preserve.

 EFFECTIVE DATE :
This act shall take effect on the same date and in the same manner as
a "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an
amendment to article 14 of the constitution, in relation to
establishing a forest preserve land bank for public projects" takes
effect, in accordance with section 1 of article 19 of the
constitution.

2015-S8027 (ACTIVE) - Bill Text download pdf

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

                                  8027

                            I N  S E N A T E

                              June 6, 2016
                               ___________

Introduced  by Sens. LITTLE, AMEDORE, BONACIC, FARLEY, GRIFFO, SEWARD --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Rules

AN ACT to amend the environmental conservation law and the state finance
  law, in relation to the regional land banks for projects on state land
  in the forest preserve

  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 9-0309 to read as follows:
S 9-0309. USE  OF  CERTAIN  STATE  LANDS IN FOREST PRESERVE COUNTIES FOR
            PUBLIC UTILITIES AND REGIONAL LAND  BANKS  FOR  PROJECTS  ON
            STATE LANDS.
  1. DEFINITIONS. FOR PURPOSES OF THIS SECTION:
  A.   "ENVIRONMENTAL   INFRASTRUCTURE"   MEANS   FIRE   HYDRANTS,  FIRE
SUPPRESSION LINES AND STORMWATER MANAGEMENT STRUCTURES.
  B. "HIGHWAY" MEANS A TOWN HIGHWAY, AS DEFINED  IN  PARAGRAPH  FIVE  OF
SECTION  THREE  OF  THE  HIGHWAY LAW, IN EXISTENCE ON JANUARY FIRST, TWO
THOUSAND FIFTEEN AND WHICH IS LISTED  ON  THE  LOCAL  HIGHWAY  INVENTORY
MAINTAINED  BY  THE DEPARTMENT OF TRANSPORTATION, OR A STATE HIGHWAY, AS
DEFINED IN SUBDIVISIONS ONE, TWO AND THREE OF SECTION THREE OF THE HIGH-
WAY LAW, OR A COUNTY ROAD, AS DEFINED IN  SUBDIVISION  FOUR  OF  SECTION
THREE OF THE HIGHWAY LAW.
  C. "PROJECT SPONSOR" MEANS A TOWN, A COUNTY, A PUBLIC UTILITY COMPANY,
A  PUBLIC WATER SUPPLIER OR, FOR PURPOSES OF A BICYCLE PATH, THE DEPART-
MENT OF TRANSPORTATION.
  D. "PUBLIC UTILITY COMPANY" SHALL HAVE THE SAME MEANING AS  SUCH  TERM
IS DEFINED IN SECTION TWO OF THE PUBLIC SERVICE LAW, AND FOR PURPOSES OF
PUBLIC  UTILITY  LINE PROJECTS, AS DEFINED IN SUBPARAGRAPH FOUR OF PARA-
GRAPH E OF THIS SUBDIVISION, SHALL INCLUDE A PUBLIC  WATER  SUPPLIER,  A
TOWN OR A COUNTY.
  E. "PUBLIC UTILITY LINE" MEANS:
  (1)  A LINE THAT CONVEYS, TRANSPORTS OR DISTRIBUTES STEAM OR ELECTRIC-
ITY FOR LIGHT, HEAT OR POWER;

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

                                                           LBD15754-01-6

S. 8027                             2

  (2) A COMMUNICATION LINE, INCLUDING A TELEPHONE OR TELEGRAPH LINE;
  (3)  BROADBAND,  INCLUDING COAXIAL CABLE, OPTICAL CABLE, OPTICAL FIBER
AND TWISTED PAIR; OR
  (4) A WATER LINE, SEWER LINE AND WATER SYSTEM FOR DOMESTIC, COMMERCIAL
OR PUBLIC USES.
  PUBLIC UTILITY LINE SHALL INCLUDE ALL APPURTENANT FACILITIES,  INCLUD-
ING POLES AND CONDUITS, NECESSARY TO SUPPORT SUCH LINE.
  F. "PUBLIC WATER SUPPLIER" MEANS A COUNTY OR TOWN IMPROVEMENT DISTRICT
ESTABLISHED  TO PROVIDE PUBLIC WATER SUPPLY OR ANY PUBLIC BENEFIT CORPO-
RATION OR PUBLIC AUTHORITY ESTABLISHED PURSUANT  TO  STATE  LAW  OR  ANY
AGENCY  OF  THE  STATE  OR  THE  CITY  OF NEW YORK WHICH IS EMPOWERED TO
CONSTRUCT AND OPERATE A MUNICIPAL WATER MANAGEMENT FACILITY, AS  DEFINED
IN SECTION TWELVE HUNDRED EIGHTY-ONE OF THE PUBLIC AUTHORITIES LAW.
  G.  "STATE  LANDS"  MEANS  LANDS OWNED BY THE STATE IN FOREST PRESERVE
COUNTIES THAT ARE UNDER THE JURISDICTION OF THE DEPARTMENT.
  H. "STORMWATER MANAGEMENT STRUCTURE" MEANS  DEVICES  WHICH  ARE  ENGI-
NEERED  AND  CONSTRUCTED  TO PROVIDE STORAGE AND TREATMENT OF STORMWATER
RUNOFF, INCLUDING PONDS, WETLANDS, OPEN CHANNELS, INFILTRATION PRACTICES
AND FILTERING PRACTICES.
  I. "WATER SUPPLY PROJECTS" MEANS DRINKING WATER  WELLS  AND  NECESSARY
APPURTENANCES THERETO.
  J.  "WIDTH OF A HIGHWAY" MEANS THE ENTIRE DRIVING SURFACE OF THE HIGH-
WAY, PLUS THE WIDTH OF THE CLEARED, REGULARLY MAINTAINED  AREA  ADJACENT
TO  THE  DRIVING  SURFACE,  OR THIRTY FEET FROM THE CENTER LINE OF A TWO
LANE HIGHWAY OR THIRTY FEET FROM THE MIDDLE OF THE PASSING LANE  NEAREST
THE  SHOULDER  OF  A FOUR LANE HIGHWAY, WHICHEVER IS LESS, EXCEPT FOR ON
THE STATE HIGHWAY SYSTEM WHERE DETERMINED OTHERWISE BY THE DEPARTMENT OF
TRANSPORTATION.
  2. A PUBLIC UTILITY LINE MAY BE BURIED OR CO-LOCATED BY A MUNICIPALITY
OR A PUBLIC UTILITY COMPANY WITHIN THE WIDTH  OF  A  HIGHWAY  WHERE  THE
HIGHWAY TRAVERSES STATE LANDS, SUBJECT TO THE APPROVAL BY THE DEPARTMENT
IN  THE  FORM OF A CONSENT TO OCCUPY AND ANY REQUIRED AUTHORIZATION FROM
THE DEPARTMENT OF TRANSPORTATION TO ENSURE  COMPLIANCE  WITH  STATE  AND
FEDERAL LAW, RULES AND REGULATIONS. ESSENTIAL ABOVE GRADE INFRASTRUCTURE
DIRECTLY  RELATED  TO AND NECESSARY FOR SUCH BURIED OR CO-LOCATED PUBLIC
UTILITY LINES MAY BE LOCATED WITHIN THE WIDTH OF SUCH HIGHWAYS.
  A. PRIOR TO DEPARTMENT REVIEW AND APPROVAL,  A  PROPOSAL  TO  BURY  OR
CO-LOCATE  A  NEW  UTILITY  LINE  PURSUANT  TO THIS SECTION MUST RECEIVE
APPROVAL BY RESOLUTION OF THE TOWN BOARD OR BOARDS OF THE TOWN OR  TOWNS
IN WHICH THE UTILITY LINE IS PROPOSED.
  B. IF THE PROPOSED UTILITY LINE WILL UTILIZE A TOWN OR COUNTY HIGHWAY,
THE APPLICANT SHALL PROVIDE THE DEPARTMENT WITH A CERTIFICATION FROM THE
TOWN OR COUNTY RESPECTIVELY THAT THE AREA WHERE THE UTILITY LINE WILL BE
PLACED IS BENEATH THE DRIVING SURFACE OR IN THE CLEARED, REGULARLY MAIN-
TAINED AREA ADJACENT TO THE DRIVING SURFACE.
  C.  NO  COMPENSATION SHALL BE REQUIRED TO BE PROVIDED TO THE STATE FOR
APPROVAL TO BURY OR CO-LOCATE A UTILITY LINE IN THE WIDTH OF A  HIGHWAY,
EXCEPT  AS MAY BE REQUIRED BY THE HIGHWAY LAW, THE TRANSPORTATION CORPO-
RATIONS LAW, OR ANY OTHER STATE OR FEDERAL LAW, RULE OR REGULATION.
  D. THE UTILITY LINE OWNER SHALL SUBMIT AN APPLICATION FOR A CONSENT TO
OCCUPY AND SURVEY MAP DELINEATING THE LAND TO BE  USED  FOR  THE  PUBLIC
UTILITY PURPOSES, PREPARED TO STANDARDS OF THE DEPARTMENT.
  3. A BICYCLE PATH MAY BE CONSTRUCTED AND MAINTAINED BY A PROJECT SPON-
SOR WITHIN THE WIDTH OF A HIGHWAY THAT TRAVERSES STATE LANDS, SUBJECT TO
APPROVAL  BY  THE  DEPARTMENT IN THE FORM OF A CONSENT TO OCCUPY AND ANY
REQUIRED AUTHORIZATION FROM THE DEPARTMENT OF TRANSPORTATION  TO  ENSURE

S. 8027                             3

COMPLIANCE  WITH  STATE  AND  FEDERAL  LAW,  RULES  AND REGULATIONS. THE
PROJECT PROPONENT SHALL SUBMIT A SURVEY MAP, PREPARED  TO  STANDARDS  OF
THE DEPARTMENT, OF THE LANDS WHERE THE BICYCLE PATH WILL BE CONSTRUCTED.
  4.  A.  THERE IS HEREBY CREATED AN ADIRONDACK REGIONAL LAND BANK AND A
CATSKILL REGIONAL LAND BANK. THE ADIRONDACK REGIONAL LAND BANK SHALL  BE
FIVE  HUNDRED ACRES OF STATE LANDS WHICH SHALL BE AVAILABLE IN THE COUN-
TIES OF CLINTON, ESSEX, FRANKLIN,  FULTON,  HAMILTON,  HERKIMER,  LEWIS,
ONEIDA,  SARATOGA,  SAINT  LAWRENCE, WARREN AND WASHINGTON. THE CATSKILL
REGIONAL LAND BANK SHALL BE TWO HUNDRED FIFTY ACRES OF STATE LANDS WHICH
SHALL BE AVAILABLE IN THE COUNTIES OF  DELAWARE,  GREENE,  SULLIVAN  AND
ULSTER.
  B.  SUBJECT  TO REVIEW AND APPROVAL BY THE DEPARTMENT AND ANY REQUIRED
AUTHORIZATION FROM THE DEPARTMENT OF TRANSPORTATION TO ENSURE COMPLIANCE
WITH STATE AND FEDERAL LAW, RULES AND REGULATIONS, A PROJECT SPONSOR MAY
APPLY TO USE AVAILABLE ACREAGE FROM A REGIONAL LAND BANK FOR THE FOLLOW-
ING:
  (1) ENVIRONMENTAL INFRASTRUCTURE LOCATED WITHIN ONE HUNDRED FEET OF  A
HIGHWAY;
  (2)  TO  RELOCATE,  RECONSTRUCT  AND MAINTAIN EXISTING TOWN AND COUNTY
HIGHWAYS FOR THE PURPOSE OF ELIMINATING THE HAZARDS OF DANGEROUS  CURVES
AND  GRADES  AND  TO ADDRESS DRAINAGE PROBLEMS ON SUCH HIGHWAYS PROVIDED
THAT NO SINGLE RELOCATED  PORTION  OF  A  HIGHWAY  MAY  BE  LONGER  THAN
ONE-HALF  MILE  IN  LENGTH  ON STATE LANDS WITHOUT PRIOR APPROVAL BY THE
LEGISLATURE AND PROVIDED FURTHER THAT NO SINGLE RELOCATED PORTION  OF  A
HIGHWAY MAY BE LONGER THAN ONE MILE IN LENGTH;
  (3)  CONSTRUCTION,  RECONSTRUCTION,  RELOCATION  OR  IMPROVEMENT  OF A
BRIDGE, OR BRIDGE INFRASTRUCTURE;
  (4) THE CONSTRUCTION AND MAINTENANCE OF A BICYCLE PATH;
  (5) INSTALLATION OF ANY PUBLIC UTILITY LINES  AND  ASSOCIATED  INFRAS-
TRUCTURE LOCATED WITHIN ONE HUNDRED FEET OF A HIGHWAY; AND
  (6)  WATER SUPPLY PROJECTS LOCATED WITHIN FIVE HUNDRED FEET OF A HIGH-
WAY, IF IT IS NECESSARY TO COMPLY WITH A SPECIFIC DIRECTIVE  TO  ADDRESS
PUBLIC HEALTH OR ENVIRONMENTAL IMPACTS.
  C.  AN APPLICATION FOR A PROPOSAL SHALL INCLUDE A SURVEY MAP, PREPARED
TO THE STANDARDS OF THE DEPARTMENT, A NARRATIVE  ABOUT  THE  PROJECT,  A
JUSTIFICATION,  AND  ESTIMATES  OF  NEEDED ACREAGE. THE DEPARTMENT SHALL
HOLD A NON-ADJUDICATORY PUBLIC HEARING ON  THE  PROJECT,  AT  WHICH  THE
PUBLIC  SHALL  BE  GIVEN  AN OPPORTUNITY TO BE HEARD. NOTICE OF ANY SUCH
HEARING AND PUBLIC COMMENT SHALL BE PROVIDED  THIRTY  CALENDAR  DAYS  IN
ADVANCE  AND SHALL BE PUBLISHED IN THE STATE REGISTER, THE ENVIRONMENTAL
NOTICE BULLETIN AND IN A NEWSPAPER HAVING  GENERAL  CIRCULATION  IN  THE
COUNTY WHERE THE FOREST PRESERVE LANDS IN QUESTION ARE LOCATED.
  D.  ACREAGE  FROM  A  REGIONAL LAND BANK MAY BE UTILIZED FOR A PROJECT
AUTHORIZED BY THIS SUBDIVISION ONLY WHEN THE DEPARTMENT HAS  DETERMINED:
THERE  IS  NO  FEASIBLE  ALTERNATIVE ON LAND NOT OWNED BY THE STATE; THE
PROJECT WILL MINIMIZE ENVIRONMENTAL IMPACTS TO THE MAXIMUM EXTENT  PRAC-
TICABLE;  AND  THE  PROPOSAL WILL NOT ADVERSELY IMPACT LANDS WITH RECOG-
NIZED CRITICAL ENVIRONMENTAL OR RECREATIONAL VALUE, AS DETERMINED BY THE
DEPARTMENT BASED ON A RESOURCE INVENTORY AND ASSESSMENT.
  PROPOSALS FOR USE OF LAND FROM A LAND BANK SHALL BE SUBJECT TO  PUBLIC
REVIEW AND COMMENT.
  E.  NO INDIVIDUAL PROJECT SHALL BE PERMITTED TO UTILIZE MORE THAN FIVE
ACRES FROM A LAND BANK. NO MORE THAN TEN ACRES FROM A LAND BANK  MAY  BE
UTILIZED BY ANY INDIVIDUAL TOWN WITHOUT PRIOR APPROVAL FROM THE LEGISLA-
TURE. NO MORE THAN FIFTEEN ACRES FROM A LAND BANK MAY BE UTILIZED BY ANY
INDIVIDUAL COUNTY WITHOUT PRIOR APPROVAL FROM THE LEGISLATURE.

S. 8027                             4

  F.  THE DEPARTMENT SHALL CONDUCT APPRAISALS, CONSISTENT WITH STANDARDS
DEVELOPED BY THE DEPARTMENT AND PAID FOR  BY  THE  PROJECT  SPONSOR,  TO
DETERMINE  THE  FAIR MARKET VALUE OF THE STATE LAND WHICH IS PROPOSED TO
BE USED.
  G.  NO LAND FROM A LAND BANK SHALL BE ALLOCATED TO AN ELIGIBLE PROJECT
UNLESS THE STATE RECEIVES A PAYMENT FROM THE PROJECT PROPONENT EQUAL  TO
THE  VALUE  OF  THE  STATE  LAND  TO BE UTILIZED, OR, FOR PUBLIC UTILITY
PROJECTS, IN ACCORDANCE WITH METHODS DETERMINED BY THE  DEPARTMENT.  ANY
FUNDS RECEIVED SHALL BE DEPOSITED IN THE FOREST PRESERVE EXPANSION FUND,
ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-E OF THE STATE FINANCE LAW,
AND ONLY BE USED TO ACQUIRE LANDS AS AN ADDITION TO THE FOREST PRESERVE.
FUNDS  RECEIVED  FOR  THE  USE  OF A REGIONAL LAND BANK SHALL BE USED TO
ACQUIRE LANDS WITHIN THE SAME REGION.
  H. AFTER A HEARING AND OPPORTUNITY TO BE HEARD,  IF  THE  COMMISSIONER
DETERMINES  THAT A PROJECT SPONSOR IS UTILIZING LAND FOR A PURPOSE OTHER
THAN AS AUTHORIZED BY  THE  DEPARTMENT,  THE  COMMISSIONER  MAY  REQUIRE
REMOVAL OF ANY IMPROVEMENTS TO THE LAND AND RESTORATION OF THE LAND TO A
NATURAL, VEGETATIVE STATE.
  6.  THE  DEPARTMENT SHALL PROVIDE AN OPPORTUNITY FOR PUBLIC REVIEW AND
COMMENT ON ALL APPLICATIONS FOR PROJECTS PURSUANT TO  SUBDIVISIONS  TWO,
THREE, FOUR AND FIVE OF THIS SECTION.
  7. STATE LANDS USED FOR PROJECTS AUTHORIZED BY PARAGRAPH B OF SUBDIVI-
SION  FIVE OF THIS SECTION SHALL BE CONVEYED, OR AN EASEMENT GRANTED FOR
PUBLIC UTILITY PROJECTS, TO THE PROJECT SPONSOR WITH A DEED  RESTRICTION
SPECIFYING  THAT  THE LAND SHALL ONLY BE USED FOR THE PURPOSE AUTHORIZED
BY THE DEPARTMENT AND SHALL NOT BE  TRANSFERRED  TO  ANY  ENTITY  FOR  A
DIFFERENT  PRIVATE OR COMMERCIAL PURPOSE. SUCH LANDS SHALL REVERT TO THE
STATE WHEN THEY SHALL CEASE TO BE USED FOR THE  PURPOSES  AUTHORIZED  BY
THIS SECTION.
  8.  PRIOR TO ALLOWING ANY PROJECT SPONSOR TO USE LAND FROM A LAND BANK
FOR AN ELIGIBLE PROJECT, AS  AUTHORIZED  BY  SUBDIVISION  FIVE  OF  THIS
SECTION, THE STATE SHALL ACQUIRE NO LESS THAN SEVEN HUNDRED FIFTY ACRES,
WHICH  SHALL  INCLUDE AT LEAST FIVE HUNDRED ACRES IN THE ADIRONDACK PARK
AND AT LEAST TWO HUNDRED FIFTY ACRES IN THE CATSKILL PARK,  WHICH  SHALL
BE ADDED TO THE FOREST PRESERVE AND SHALL BE CLASSIFIED AS WILDERNESS.
  9.  THE  PROVISIONS  OF SUBDIVISIONS ONE AND FIVE OF SECTION 9-0303 OF
THIS TITLE SHALL NOT APPLY TO ACTIVITIES  AUTHORIZED  PURSUANT  TO  THIS
SECTION.
  10.  NOTHING  IN  THIS  SECTION  SHALL AFFECT THE APPLICATION OF STATE
ENVIRONMENTAL QUALITY REVIEW PURSUANT TO ARTICLE EIGHT OF  THIS  CHAPTER
OR  THE  JURISDICTION  OF  THE ADIRONDACK PARK AGENCY IN ACCORDANCE WITH
ARTICLE TWENTY-SEVEN OF THE EXECUTIVE LAW, PROVIDED THAT NO SUCH PROJECT
SHALL BE SUBJECT TO THE ADIRONDACK PARK STATE LAND MASTER PLAN DEVELOPED
PURSUANT TO SECTION EIGHT HUNDRED SIXTEEN OF THE EXECUTIVE  LAW  OR  THE
CATSKILL PARK STATE LAND MASTER PLAN; PROVIDED, HOWEVER, THAT APPLICABLE
PROVISIONS  OF A STATE LAND MASTER PLAN SHALL APPLY TO THE REAL PROPERTY
INTERESTS RETAINED BY THE STATE IN ANY LAND SUBJECT TO AN EASEMENT FOR A
UTILITY LINE PURSUANT TO THIS SECTION.
  11. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH  RULES  AND  REGU-
LATIONS  AS  MAY BE NECESSARY TO IMPLEMENT AND ADMINISTER THE PROVISIONS
OF THIS SECTION.
  12. THE DEPARTMENT SHALL MAINTAIN AN INVENTORY OF ALL FEE AND  CONSENT
TO OCCUPY PARCEL ACREAGES AND SURVEY MAPS SUBJECT TO THIS SECTION.
  13.  THE  PROVISIONS  OF  THIS  SECTION  SHALL BE SEVERABLE AND IF ANY
PORTION THEREOF OR THE APPLICABILITY THEREOF TO ANY  PERSON  OR  CIRCUM-

S. 8027                             5

STANCES  SHALL  BE  HELD  INVALID,  THE  REMAINDER OF THIS TITLE AND THE
APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY.
  S  2. Section 97-e of the state finance law, as amended by chapter 637
of the laws of 1960, is amended to read as follows:
  S 97-e. Forest preserve expansion fund. 1. There is hereby established
in the state treasury a special fund, to be known as the forest preserve
expansion fund, which shall consist of and into which shall be paid  all
moneys  derived from the sale of certain forest preserve lands specified
in section twenty-four of the public lands law, MONEYS  RECEIVED  FOR  A
REGIONAL  LAND  BANK TRANSACTION PURSUANT TO SECTION 9-0309 OF THE ENVI-
RONMENTAL CONSERVATION LAW and such other moneys as  may  be  paid  into
said  fund  pursuant  to  law. The moneys in such fund shall be expended
only for the acquisition of additional lands FOR THE PRACTICE OF  FOREST
OR WILDLIFE CONSERVATION IN FOREST PRESERVE COUNTIES PURSUANT TO SECTION
9-0309  OF  THE  ENVIRONMENTAL  CONSERVATION LAW for the forest preserve
within either the Adirondack or Catskill park as now fixed by law.  Upon
appropriation by the legislature, the [conservation] department OF ENVI-
RONMENTAL  CONSERVATION  may  use such moneys or any portion thereof for
the acquisition of such additional lands  subject  to  the  approval  of
title thereto by the attorney general. All payments from such fund shall
be  made  by  the  department of taxation and finance after audit by and
upon warrant of the comptroller, on vouchers approved by the  [conserva-
tion] commissioner OF ENVIRONMENTAL CONSERVATION.
  2.  The  [conservation]  commissioner OF ENVIRONMENTAL CONSERVATION is
authorized to accept, in the name of the people  of  the  state  of  New
York, any gift or bequest of moneys to be paid into such forest preserve
expansion  fund and to be expended and disbursed as provided in subdivi-
sion one of this section.
  S 3. This act shall take effect on the  same  date  and  in  the  same
manner  as a "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing
an amendment to article 14 of the constitution, in relation to  allowing
public  utility  lines  and  bicycle paths on certain state lands in the
forest preserve and establishing a forest preserve land bank for  public
projects"  takes  effect,  in accordance with section 1 of article 19 of
the constitution.

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Senate Bill S8027

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Sponsored By

Betty Little

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

George Amedore

John J. Bonacic

Hugh T. Farley

Joseph A. Griffo

2015-S8027 (ACTIVE) - Details

2015-S8027 (ACTIVE) - Summary

2015-S8027 (ACTIVE) - Sponsor Memo

2015-S8027 (ACTIVE) - Bill Text download pdf

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