LBD13092-03-7
A. 8300--A 2
IN FIVE HUNDRED THIRTY FEET OF STATE HIGHWAYS, COUNTY HIGHWAYS AND TOWN
HIGHWAYS; AND
(V) STABILIZATION DEVICES FOR AN EXISTING UTILITY POLE ADJACENT TO, OR
NO MORE THAN THE MINIMUM DISTANCE FROM THE WIDTH OF HIGHWAY NECESSARY TO
COMPLY WITH STANDARD SAFETY PRACTICES.
ELIGIBLE PROJECTS SHALL NOT INCLUDE THE USE OF CHEMICALS/HERBICIDES
FOR CLEARING STATE LAND; THE REMOVAL OF TREES AND VEGETATION SHALL BE
MINIMIZED AND THE AREA SHALL BE RESTORED TO PRE-PROJECT CONDITIONS TO
THE MAXIMUM EXTENT PRACTICABLE.
B. "COUNTY HIGHWAY" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVI-
SION FOUR OF SECTION THREE OF THE HIGHWAY LAW.
C. "FOREST PRESERVE EXPANSION FUND" SHALL MEAN THE FUND ESTABLISHED
PURSUANT TO SECTION NINETY-SEVEN-E OF THE STATE FINANCE LAW.
D. "PROJECT SPONSOR" MEANS A TOWN, VILLAGE, OR COUNTY LOCATED IN THE
COUNTIES OF CLINTON, DELAWARE, ESSEX, FRANKLIN, FULTON, GREENE, HAMIL-
TON, HERKIMER, LEWIS, ONEIDA, SARATOGA, SAINT LAWRENCE, SULLIVAN,
ULSTER, WARREN AND WASHINGTON.
E. "NO VIABLE ALTERNATIVE" MEANS THAT NO OTHER OPTION EXISTS FOR THE
ELIGIBLE PROJECT TO ADDRESS ONGOING PUBLIC HEALTH OR SAFETY CONCERNS
OTHER THAN THROUGH THE USE OF STATE LANDS.
F. "STATE HIGHWAY" MEANS A STATE HIGHWAY AS DEFINED IN SUBDIVISIONS
ONE, TWO AND THREE OF SECTION THREE OF THE HIGHWAY LAW.
G. "STATE LANDS" MEANS LANDS OWNED BY THE STATE IN FOREST PRESERVE
COUNTIES THAT ARE UNDER THE JURISDICTION OF THE DEPARTMENT.
H. "TOWN HIGHWAY" MEANS A TOWN HIGHWAY, AS DEFINED IN SUBDIVISION FIVE
OF SECTION THREE OF THE HIGHWAY LAW, IN EXISTENCE AS OF JANUARY FIRST,
TWO THOUSAND FIFTEEN, LISTED ON THE LOCAL HIGHWAY INVENTORY MAINTAINED
BY THE DEPARTMENT OF TRANSPORTATION, AND ANNUALLY PLOWED AND REGULARLY
MAINTAINED.
I. "WIDTH OF THE HIGHWAY" SHALL HAVE THE SAME MEANING AS PARAGRAPH K
OF SUBDIVISION ONE OF SECTION 9-2103 OF THIS TITLE.
2. FOLLOWING APPROVAL BY THE LEGISLATURE OF TWO HUNDRED FIFTY ACRES OF
LAND TO BE ADDED TO THE FOREST PRESERVE, A HEALTH AND SAFETY LAND
ACCOUNT OF NOT MORE THAN TWO HUNDRED FIFTY ACRES IS CREATED FOR USE BY
PROJECT SPONSORS FOR ELIGIBLE PROJECTS NECESSARY TO PROTECT HEALTH AND
SAFETY WHERE NO VIABLE ALTERNATIVE IS AVAILABLE. THE ACCOUNT WILL BE
ADMINISTERED BY THE DEPARTMENT.
3. A PROJECT SPONSOR WITH AN ELIGIBLE PROJECT MAY APPLY TO THE HEALTH
AND SAFETY LAND ACCOUNT TO RECEIVE ACREAGE FOR AN ELIGIBLE PROJECT. SUCH
APPLICATION SHALL INCLUDE:
A. A RESOLUTION FROM THE GOVERNING BODY OF THE PROJECT SPONSOR THAT
INCLUDES:
(I) ATTESTATION THAT THE PROJECT IS NECESSARY TO ADDRESS PUBLIC HEALTH
OR SAFETY AND NO VIABLE ALTERNATIVES EXIST;
(II) ATTESTATION THAT SUCH LANDS WILL ONLY BE USED FOR ELIGIBLE
PURPOSES AND THAT ANY REAL PROPERTY ACQUIRED SHALL NOT BE SOLD, LEASED,
EXCHANGED, DONATED OR OTHERWISE DISPOSED OF OR USED FOR OTHER THAN THE
ELIGIBLE PURPOSES FOR WHICH IT WAS APPROVED WITHOUT THE EXPRESS AUTHORI-
TY OF AN ACT OF THE LEGISLATURE.
B. A DETAILED SUMMARY OF THE PROPOSED ELIGIBLE PROJECT, INCLUDING THE
WHOLE ACTION AND ALL RELATED ACTIVITIES, A DETAILED SUMMARY OF THE
ALTERNATIVES THE PROJECT SPONSOR EXPLORED PRIOR TO ARRIVING AT THE
CONCLUSION THERE WERE NO VIABLE ALTERNATIVES;
C. SPECIFIC METES AND BOUNDS, INCLUDING TOTAL PROPOSED ACREAGE;
D. A NARRATIVE ABOUT THE PROJECT, INCLUDING A JUSTIFICATION;
A. 8300--A 3
E. A METES AND BOUNDS DESCRIPTION AND ACCURATE SURVEY OF ANY LANDS
PROPOSED FOR INCLUSION IN THE FOREST PRESERVE. SUCH LANDS MUST BE OF
EQUAL ENVIRONMENTAL VALUE AND FAIR MARKET VALUE AND REASONABLE EQUIV-
ALENT USEFULNESS AND LOCATION TO THE STATE LANDS BEING DISCONTINUED OR
IN THE EVENT THAT THE PROJECT SPONSOR PROVIDES MONEY IN LIEU OF LAND,
SUCH MONEY SHALL BE AT LEAST EQUIVALENT TO THE FAIR MARKET VALUE OF THE
STATE LAND PROPOSED TO BE CONVEYED;
F. ANY NECESSARY PERMITS AND AUTHORIZATIONS; AND,
G. AN ACCURATE SURVEY.
4. IMMEDIATELY UPON DETERMINING THAT AN APPLICATION IS COMPLETE, THE
DEPARTMENT SHALL CAUSE A NOTICE OF APPLICATION, WHICH SHALL ALSO INCLUDE
THE TIME PERIOD FOR PUBLIC COMMENTS, TO BE PUBLISHED IN THE NEXT AVAIL-
ABLE STATE REGISTER AND ENVIRONMENTAL NOTICE BULLETIN AS WELL AS IN A
NEWSPAPER HAVING GENERAL CIRCULATION IN THE AREA IN WHICH THE ELIGIBLE
PROJECT IS PROPOSED TO BE LOCATED. NEWSPAPER PUBLICATIONS SHALL BE
PROVIDED BY THE PROJECT SPONSOR.
5. THE DEPARTMENT SHALL HOLD A PUBLIC HEARING ON EACH ELIGIBLE PROJECT
AT WHICH THE PUBLIC SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD.
6. THE DEPARTMENT, FOLLOWING CONSULTATION WITH THE DEPARTMENT OF
TRANSPORTATION TO DETERMINE THAT ANY REQUIRED AUTHORIZATION HAS BEEN
PROVIDED, SHALL ONLY DEEM A PROJECT SPONSOR ELIGIBLE TO RECEIVE ACREAGE
FROM THE HEALTH AND SAFETY LAND ACCOUNT FOLLOWING A DETERMINATION THAT:
A. THE PROJECT MEETS THE ELIGIBLE PROJECT CRITERIA, IS NECESSARY TO
PROTECT PUBLIC HEALTH OR SAFETY AND THE ELIGIBLE PROJECT HAS NO VIABLE
ALTERNATIVE ON LAND NOT OWNED BY THE STATE;
B. THE PROJECT MINIMIZES ADVERSE ENVIRONMENTAL IMPACT TO THE MAXIMUM
EXTENT PRACTICABLE;
C. THE PROJECT WILL NOT ADVERSELY IMPACT LANDS WITH RECOGNIZED CRIT-
ICAL OR RECREATIONAL VALUE, AS DETERMINED BY THE DEPARTMENT BASED ON A
RESOURCE INVENTORY AND ASSESSMENT;
D. THE LANDS TO BE CONVEYED BY THE PROJECT SPONSOR FOR INCLUSION IN
THE FOREST PRESERVE, OR THE MONIES TO BE PAID INTO THE FOREST PRESERVE
EXPANSION FUND, ARE AT LEAST EQUIVALENT TO THE FAIR MARKET VALUE OF THE
STATE LAND PROPOSED TO BE CONVEYED.
7. ONCE AN APPLICATION HAS BEEN APPROVED THE COMMISSIONER SHALL CAUSE
TO BE PREPARED AN ACCURATE SURVEY MAP SHOWING THE BOUNDARIES OF ALL
STATE LAND PROPOSED TO BE CONVEYED AND SHALL NOTIFY THE LEGISLATURE.
8. A. PRIOR TO THE ACTUAL TRANSFER OF TITLE OR ISSUANCE OF LETTERS
PATENT FOR AN ELIGIBLE PROJECT THAT HAS BEEN APPROVED BY THE DEPARTMENT,
THE LEGISLATURE SHALL APPROVE EACH ELIGIBLE PROJECT AND THE DEDICATION
OF LANDS OF EQUAL ENVIRONMENTAL VALUE AND FAIR MARKET VALUE AND REASON-
ABLE EQUIVALENT USEFULNESS AND LOCATION TO THOSE STATE LANDS TO BE
CONVEYED FOR INCLUSION IN THE FOREST PRESERVE. ONCE APPROVED BY THE
LEGISLATURE, TITLE TO THE LAND SHALL BE APPROVED AND THE DEED TO THE
PEOPLE OF THE STATE OF NEW YORK OF ANY LANDS DEDICATED SHALL BE APPROVED
BY THE ATTORNEY GENERAL AS TO FORM AND MANNER OF EXECUTION AND RECORDA-
BILITY PRIOR TO ITS DELIVERY.
B. PRIOR TO THE ACTUAL TRANSFER OF TITLE OR ISSUANCE OF LETTERS PATENT
FOR AN ELIGIBLE PROJECT FOR WHICH THE TOTAL PROJECT COST IS BELOW THE
PUBLIC WORK CONTRACT THRESHOLD PURSUANT TO SECTION ONE HUNDRED THREE OF
THE GENERAL MUNICIPAL LAW AND IS LESS THAN ONE QUARTER LINEAR MILE
TOTAL, WHICH SHALL RUN AND BE MEASURED PARALLEL TO THE COUNTY HIGHWAY OR
TOWN HIGHWAY, AND, WHICH HAS BEEN APPROVED BY THE DEPARTMENT, TITLE TO
LAND SHALL BE APPROVED AND THE DEED TO THE PEOPLE OF THE STATE OF NEW
YORK OF ANY LANDS DEDICATED SHALL BE APPROVED BY THE ATTORNEY GENERAL AS
TO FORM AND MANNER OF EXECUTION AND RECORDABILITY PRIOR TO ITS DELIVERY.
A. 8300--A 4
9. REAL PROPERTY ACQUIRED, DEVELOPED, IMPROVED, RESTORED OR REHABILI-
TATED BY OR THROUGH A PROJECT SPONSOR PURSUANT TO THIS SECTION SHALL NOT
BE LEASED, EXCHANGED, DONATED OR OTHERWISE DISPOSED OF OR USED FOR OTHER
THAN THE ELIGIBLE PROJECT FOR WHICH IT WAS APPROVED WITHOUT THE EXPRESS
AUTHORITY OF AN ACT OF THE LEGISLATURE. WHEN THE PROJECT SPONSOR DETER-
MINES SUCH ELIGIBLE PROJECT IS NO LONGER NEEDED, THE LANDS SHALL REVERT
TO THE STATE FOREST PRESERVE. THE DEPARTMENT SHALL PRESCRIBE THE TERMS
AND CONDITIONS FOR THE REMOVAL OF ANY INFRASTRUCTURE.
§ 9-2103. HIGHWAY RIGHT OF WAY PUBLIC UTILITY IMPROVEMENTS.
1. DEFINITIONS. FOR PURPOSES OF THIS SECTION:
A."COUNTY HIGHWAY" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVI-
SION FOUR OF SECTION THREE OF THE HIGHWAY LAW.
B. "ELIGIBLE PROJECT" SHALL MEAN BURIAL OR CO-LOCATION OF A PUBLIC
UTILITY LINE OR CONSTRUCTION AND MAINTENANCE OF BICYCLE PATHS BY A
PROJECT SPONSOR WITHIN THE WIDTH OF A HIGHWAY OF A TOWN HIGHWAY, COUNTY
HIGHWAY OR STATE HIGHWAY THAT TRAVERSES STATE FOREST PRESERVE LAND.
C. "PROJECT SPONSOR" SHALL MEAN A VILLAGE, TOWN, A COUNTY, LOCATED IN
THE COUNTIES OF CLINTON, DELAWARE, ESSEX, FRANKLIN, FULTON, GREENE,
HAMILTON, HERKIMER, LEWIS, ONEIDA, SARATOGA, SAINT LAWRENCE, SULLIVAN,
ULSTER, WARREN AND WASHINGTON OR, FOR:
(I) BICYCLE PATHS, THE DEPARTMENT OF TRANSPORTATION,
(II) FOR WATER LINES, A PUBLIC WATER SUPPLIER; OR
(III) FOR ELECTRIC, TELEPHONE OR BROADBAND LINES, A PUBLIC UTILITY
COMPANY.
D. "PUBLIC UTILITY COMPANY" SHALL HAVE THE SAME MEANING AS SUCH TERM
IS DEFINED IN SECTION TWO OF THE PUBLIC SERVICE LAW; PROVIDED, HOWEVER,
THAT FOR BROADBAND PROJECTS A PERSON SUBJECT TO ARTICLE ELEVEN OF THE
PUBLIC SERVICE LAW SHALL BE INCLUDED.
E. "PUBLIC UTILITY LINE" SHALL MEAN ONLY ELECTRIC, TELEPHONE, BROAD-
BAND, WATER OR SEWER LINES. PUBLIC UTILITY LINE SHALL NOT INCLUDE THE
CONSTRUCTION OF ANY NEW INTRASTATE NATURAL GAS OR OIL PIPELINES THAT
HAVE NOT RECEIVED ALL NECESSARY STATE AND LOCAL PERMITS AND AUTHORI-
ZATIONS AS OF JUNE FIRST, TWO THOUSAND SIXTEEN.
F. "PUBLIC WATER SUPPLIER" SHALL MEAN A COUNTY OR TOWN WATER IMPROVE-
MENT DISTRICT, VILLAGE, NEW YORK CITY, PUBLIC BENEFIT CORPORATION OR
PUBLIC AUTHORITY ESTABLISHED PURSUANT TO STATE LAW AND 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 HIGHWAY" SHALL MEAN A STATE HIGHWAY AS DEFINED IN SUBDIVI-
SIONS ONE, TWO AND THREE OF SECTION THREE OF THE HIGHWAY LAW.
H. "STATE LANDS" SHALL MEAN LANDS OWNED BY THE STATE IN FOREST
PRESERVE COUNTIES THAT ARE UNDER THE JURISDICTION OF THE DEPARTMENT.
I. "TOWN HIGHWAY" SHALL MEAN A TOWN HIGHWAY, AS DEFINED IN SUBDIVISION
FIVE OF SECTION THREE OF THE HIGHWAY LAW, IN EXISTENCE AS OF JANUARY
FIRST, TWO THOUSAND FIFTEEN, LISTED ON THE LOCAL HIGHWAY INVENTORY MAIN-
TAINED BY THE DEPARTMENT OF TRANSPORTATION, AND ANNUALLY PLOWED AND
REGULARLY MAINTAINED.
J. "WATER SUPPLY PROJECTS" SHALL MEAN DRINKING WATER WELLS.
K. "WIDTH OF THE HIGHWAY" SHALL MEAN THREE RODS OR THE DEEDED,
RECORDED MUNICIPAL OR STATE RIGHT OF WAY OR EASEMENT IN EXISTENCE AS OF
JANUARY FIRST, TWO THOUSAND FIFTEEN.
2. PURSUANT TO APPROVAL BY THE DEPARTMENT AND THE DEPARTMENT OF TRANS-
PORTATION AND FOLLOWING A PUBLIC HEARING ON EACH ELIGIBLE PROJECT AT
WHICH THE PUBLIC SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD, A PUBLIC
UTILITY LINE MAY BE CO-LOCATED WITHIN OR BURIED BENEATH THE WIDTH OF THE
HIGHWAY OF ANY STATE HIGHWAY, COUNTY HIGHWAY, OR TOWN HIGHWAY.
A. 8300--A 5
3. A PROJECT SPONSOR FOR AN ELIGIBLE PROJECT WITHIN THE WIDTH OF THE
HIGHWAY SHALL SUBMIT AN APPLICATION FOR A PERMIT TO THE DEPARTMENT THAT
AT MINIMUM SHALL INCLUDE:
A. A RESOLUTION FROM THE GOVERNING BODY OF THE PROJECT SPONSOR, OR IN
THE CASE OF A PUBLIC UTILITY SEEKING TO UTILIZE THE WIDTH OF HIGHWAY OF
A TOWN HIGHWAY, THE GOVERNING BODY OF THE TOWN, OR THE WIDTH OF HIGHWAY
OF A COUNTY, THE COUNTY GOVERNING BOARD, THAT INCLUDES:
(I) APPROVAL OF THE PROJECT;
(II) ATTESTATION THAT SUCH WIDTH OF HIGHWAY LANDS WILL ONLY BE USED
FOR ELIGIBLE PURPOSES;
(III) ATTESTATION THAT THE PROJECT WILL MINIMIZE THE REMOVAL OF TREES
AND VEGETATION AND RESTORE THE AREA TO PRE-PROJECT CONDITION TO THE
MAXIMUM EXTENT PRACTICABLE.
B. SPECIFIC METES AND BOUNDS, INCLUDING TOTAL PROPOSED ACREAGE OF THE
WIDTH OF HIGHWAY LAND SOUGHT;
C. A NARRATIVE ABOUT THE PROJECT, INCLUDING A JUSTIFICATION;
D. ANY NECESSARY PERMITS AND AUTHORIZATIONS; AND,
E. AN ACCURATE SURVEY.
4. IMMEDIATELY UPON DETERMINING THAT AN APPLICATION IS COMPLETE, THE
DEPARTMENT SHALL CAUSE A NOTICE OF APPLICATION, WHICH SHALL ALSO INCLUDE
THE TIME PERIOD FOR PUBLIC COMMENTS, TO BE PUBLISHED IN THE NEXT AVAIL-
ABLE STATE REGISTER AND ENVIRONMENTAL NOTICE BULLETIN AS WELL AS IN A
NEWSPAPER HAVING GENERAL CIRCULATION IN THE AREA IN WHICH THE ELIGIBLE
PROJECT IS PROPOSED TO BE LOCATED. NEWSPAPER PUBLICATIONS SHALL BE
PROVIDED BY THE PROJECT SPONSOR.
5. THE DEPARTMENT SHALL HOLD A PUBLIC HEARING ON EACH ELIGIBLE PROJECT
AT WHICH THE PUBLIC SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD.
6. THE DEPARTMENT, FOLLOWING CONSULTATION WITH THE DEPARTMENT OF
TRANSPORTATION TO DETERMINE THAT ANY REQUIRED AUTHORIZATION HAS BEEN
PROVIDED, SHALL ONLY APPROVE AN APPLICATION FOR AN ELIGIBLE PROJECT
PERMIT FOLLOWING A DETERMINATION THAT:
A. THE ELIGIBLE PROJECT MEETS THE ELIGIBLE PROJECT CRITERIA;
B. THE ELIGIBLE PROJECT MINIMIZES ADVERSE ENVIRONMENTAL IMPACT TO THE
MAXIMUM EXTENT PRACTICABLE; AND
C. THE ELIGIBLE PROJECT WILL NOT ADVERSELY IMPACT LANDS WITH RECOG-
NIZED CRITICAL OR RECREATIONAL VALUE, AS DETERMINED BY THE DEPARTMENT
BASED ON A RESOURCE INVENTORY AND ASSESSMENT.
7. 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.
8. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGU-
LATIONS AS MAY BE NECESSARY TO IMPLEMENT AND ADMINISTER THE PROVISIONS
OF THIS ARTICLE.
§ 9-2105. DEPARTMENT REPORTING.
1. THE DEPARTMENT SHALL ISSUE AN ANNUAL REPORT TO THE LEGISLATURE
DETAILING THE USE OF THE HEALTH AND SAFETY LAND ACCOUNT AND THE HIGHWAY
RIGHT OF WAY PUBLIC UTILITY IMPROVEMENT PERMITS INCLUDING: THE NUMBER OF
APPLICATIONS RECEIVED; THE NUMBER OF ELIGIBLE PROJECTS APPLICATIONS
APPROVED AND DENIED; THE PROJECT DESCRIPTION, NARRATIVE AND ACREAGE OF
ELIGIBLE PROJECTS; THE CUMULATIVE TOTAL OF ELIGIBLE PROJECTS LISTED BY
PROJECT SPONSOR; TOTAL DEPOSITS BY EACH PROJECT SPONSOR INTO THE FOREST
PRESERVE FUND; ANNUAL DISBURSEMENTS FROM THE FOREST PRESERVE FUND AND
THE AMOUNT OF LAND ACQUIRED WITH SUCH DISBURSEMENTS; TOTAL NUMBER OF
A. 8300--A 6
PUBLIC UTILITY IMPROVEMENT PERMITS ISSUED; AND THE CUMULATIVE TOTAL AND
PROJECT TYPE OF PERMITS ISSUED LISTED BY PROJECT SPONSOR.
2. THE INFORMATION CONTAINED IN SUCH REPORT SHALL ALSO BE MADE AVAIL-
ABLE ON THE DEPARTMENT'S WEBSITE AND UPDATED NO LESS THAN ANNUALLY.
§ 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:
§ 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 FROM A
PROJECT SPONSOR OF AN ELIGIBLE PROJECT FOR A HEALTH AND SAFETY LAND
ACCOUNT TRANSACTION PURSUANT TO SECTION 9-2101 OF THE ENVIRONMENTAL
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 forest preserve within either
the Adirondack or Catskill park as now fixed by law. Upon appropriation
by the legislature, the [conservation] department OF ENVIRONMENTAL
CONSERVATION may use such moneys or any portion thereof for the acquisi-
tion 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 [conservation] commis-
sioner 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.
§ 3. The enactment of this legislation shall be deemed to meet the
legislative approval requirement pursuant to subdivision 8 of section
9-2101 of the environmental conservation law, for an eligible project as
defined in section 1 of section 9-2101 of the environmental conservation
law, that consists of the relocation of a county-owned highway structure
taken out of service in 2009, which spans the Schroon River in the town
of Chester in the county of Warren. Such authorization is conditioned on
the receipt by such project of all required permits and approvals and
compliance with all the other criteria identified in section 9-2101 of
the environmental conservation law.
§ 4. 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 health and safety
land account" takes effect, in accordance with section 1 of article 19
of the constitution.