The New York State Senate

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

                                  8301

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              June 6, 2017
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, JONES -- read once and referred to
  the Committee on Environmental Conservation

            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

  Section  1. Resolved (if the Senate concur), That section 1 of article
14 of the constitution be amended by adding a new undesignated paragraph
to read as follows:
  NOTWITHSTANDING THE FOREGOING PROVISIONS AND  SUBJECT  TO  LEGISLATIVE
APPROVAL  PRIOR TO ACTUAL TRANSFER OF TITLE, A TOTAL OF NO MORE THAN TWO
HUNDRED FIFTY ACRES OF FOREST PRESERVE LAND SHALL BE USED FOR THE ESTAB-
LISHMENT OF A HEALTH AND SAFETY LAND ACCOUNT. WHERE NO  VIABLE  ALTERNA-
TIVE  EXISTS  AND OTHER CRITERIA DEVELOPED BY THE LEGISLATURE ARE SATIS-
FIED, A TOWN, VILLAGE  OR  COUNTY  MAY  APPLY,  PURSUANT  TO  A  PROCESS
DETERMINED BY THE LEGISLATURE, TO THE HEALTH AND SAFETY LAND ACCOUNT FOR
PROJECTS  LIMITED TO:   ADDRESS BRIDGE HAZARDS OR SAFETY ON COUNTY HIGH-
WAYS, AND TOWN HIGHWAYS LISTED ON THE LOCAL HIGHWAY INVENTORY MAINTAINED
BY THE DEPARTMENT OF TRANSPORTATION,  DEDICATED,  AND  IN  EXISTENCE  ON
JANUARY  FIRST,  TWO THOUSAND FIFTEEN, AND ANNUALLY PLOWED AND REGULARLY
MAINTAINED; ELIMINATION OF THE HAZARDS OF DANGEROUS CURVES AND GRADES ON
COUNTY HIGHWAYS, AND TOWN HIGHWAYS LISTED ON THE LOCAL HIGHWAY INVENTORY
MAINTAINED BY THE DEPARTMENT OF TRANSPORTATION, DEDICATED, AND IN EXIST-
ENCE ON JANUARY FIRST, TWO THOUSAND FIFTEEN,  AND  ANNUALLY  PLOWED  AND
REGULARLY  MAINTAINED;  RELOCATION AND RECONSTRUCTION AND MAINTENANCE OF
COUNTY HIGHWAYS, AND TOWN HIGHWAYS LISTED ON THE LOCAL HIGHWAY INVENTORY
MAINTAINED BY THE DEPARTMENT OF TRANSPORTATION, DEDICATED, AND IN EXIST-
ENCE ON JANUARY FIRST, TWO THOUSAND  FIFTEEN  AND  ANNUALLY  PLOWED  AND
REGULARLY  MAINTAINED, PROVIDED FURTHER THAT NO SINGLE RELOCATED PORTION
OF ANY SUCH HIGHWAY SHALL EXCEED ONE MILE IN LENGTH; AND WATER WELLS AND
NECESSARY APPURTENANCES WHEN SUCH WELLS ARE NECESSARY TO  MEET  DRINKING

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

                                                           LBD89016-01-7

A. 8301                             2

WATER  QUALITY STANDARDS AND ARE LOCATED WITHIN FIVE HUNDRED THIRTY FEET
OF STATE HIGHWAYS, COUNTY HIGHWAYS, AND  TOWN  HIGHWAYS  LISTED  ON  THE
LOCAL  HIGHWAY INVENTORY MAINTAINED BY THE DEPARTMENT OF TRANSPORTATION,
DEDICATED,  AND IN EXISTENCE ON JANUARY FIRST, TWO THOUSAND FIFTEEN, AND
ANNUALLY PLOWED AND REGULARLY MAINTAINED. AS A CONDITION OF THE CREATION
OF SUCH HEALTH AND SAFETY LAND  ACCOUNT  THE  STATE  SHALL  ACQUIRE  TWO
HUNDRED  FIFTY ACRES OF LAND FOR INCORPORATION INTO THE FOREST PRESERVE,
ON CONDITION THAT THE LEGISLATURE SHALL APPROVE SUCH LANDS TO  BE  ADDED
TO THE FOREST PRESERVE.
  S 2. Resolved (if the Senate concur), That article 14 of the constitu-
tion be amended by adding a new section 6 to read as follows:
  S 6. WHERE STATE, COUNTY, OR TOWN HIGHWAYS LISTED ON THE LOCAL HIGHWAY
INVENTORY  MAINTAINED BY THE DEPARTMENT OF TRANSPORTATION, DEDICATED AND
IN EXISTENCE ON JANUARY FIRST, TWO THOUSAND FIFTEEN, AND ANNUALLY PLOWED
AND REGULARLY MAINTAINED, TRAVERSE FOREST PRESERVE LAND, PUBLIC  UTILITY
LINES,  LIMITED  TO ELECTRIC, TELEPHONE, BROADBAND, WATER OR SEWER LINES
AS DEFINED IN LAW, MAY, CONSISTENT WITH STANDARDS AND  REQUIREMENTS  SET
FORTH  IN  LAW,  AND  FOLLOWING RECEIPT OF ALL PERMITS OR AUTHORIZATIONS
REQUIRED BY LAW, BE BURIED OR CO-LOCATED WITHIN THE WIDTHS OF SUCH HIGH-
WAYS AS DEFINED IN LAW, AND BICYCLE PATHS MAY, CONSISTENT WITH STANDARDS
AND REQUIREMENTS SET FORTH IN LAW, AND FOLLOWING RECEIPT OF ALL  PERMITS
OR  AUTHORIZATIONS REQUIRED BY LAW, BE CONSTRUCTED AND MAINTAINED WITHIN
THE WIDTHS OF SUCH HIGHWAYS, AS DEFINED IN LAW; PROVIDED, HOWEVER,  WHEN
NO  VIABLE ALTERNATIVE EXISTS AND WHEN NECESSARY TO ENSURE PUBLIC HEALTH
AND SAFETY, A STABILIZATION DEVICE FOR AN EXISTING UTILITY POLE  MAY  BE
LOCATED  IN  PROXIMITY  TO  THE  WIDTH  OF  THE ROAD, AS DEFINED IN LAW;
PROVIDED  FURTHER,  THAT  ANY  CO-LOCATION,   BURIAL,   MAINTENANCE   OR
CONSTRUCTION SHALL MINIMIZE THE REMOVAL OF TREES OR VEGETATION AND 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 AUTHORIZATIONS AS OF JUNE FIRST, TWO THOUSAND SIXTEEN.
  S  3. Resolved (if the Senate concur), That the foregoing amendment be
submitted to the people for approval at the general election to be  held
in the year 2017 in accordance with the provisions of the election law.