S T A T E O F N E W Y O R K
________________________________________________________________________
8311--A
2023-2024 Regular Sessions
I N A S S E M B L Y
November 27, 2023
___________
Introduced by M. of A. FAHY, THIELE, SEAWRIGHT, LUNSFORD, SILLITTI,
SHIMSKY, McDONALD -- Multi-Sponsored by -- M. of A. SIMON -- read once
and referred to the Committee on Corporations, Authorities and Commis-
sions -- recommitted to the Committee on Corporations, Authorities and
Commissions in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the public service law and the public authorities law,
in relation to permitting the development of multi-use trails in elec-
tric utility corridors
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public service law is amended by adding a new section
53-b to read as follows:
§ 53-B. POWERLINE TRAILS IN UTILITY CORRIDORS. 1. ANY UTILITY CORPO-
RATION, AS THE OWNER, OCCUPANT, OR LESSEE OF A UTILITY CORRIDOR OR THE
HOLDER OF AN EASEMENT OR RIGHT-OF-WAY COVERING A UTILITY CORRIDOR, MAY
ENTER INTO A WRITTEN CONTRACT WITH A MUNICIPALITY OR PRIVATE LANDOWNER
TO CONSTRUCT AND MAINTAIN POWERLINE TRAILS COVERING ALL OR SOME OF SUCH
UTILITY CORRIDOR.
2. EVERY UTILITY CORPORATION SHALL DEVELOP AND MAINTAIN INFORMATIONAL
RESOURCES ON ITS WEBSITE TO ENCOURAGE, FACILITATE, AND STREAMLINE THE
CONSTRUCTION OF NEW POWERLINE TRAILS IN UTILITY CORRIDORS THAT ARE SUIT-
ABLE FOR THE CONSTRUCTION AND MAINTENANCE OF A POWERLINE TRAIL. SUCH
INFORMATIONAL RESOURCES, AT A MINIMUM, SHALL:
(A) IDENTIFY UTILITY CORRIDORS SUITABLE FOR THE CREATION OF POWERLINE
TRAILS;
(B) PROVIDE CONTACT INFORMATION FOR A DESIGNEE OF THE UTILITY CORPO-
RATION WHO A MUNICIPAL GOVERNMENT CAN CONTACT TO DISCUSS THE POSSIBILITY
OF CONSTRUCTING SUCH POWERLINE TRAILS; AND
(C) BE REVIEWED AND REVISED PERIODICALLY BY THE UTILITY CORPORATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13590-03-4
A. 8311--A 2
3. DURING THE DESIGN AND CONSTRUCTION OF A POWERLINE TRAIL, THE UTILI-
TY CORPORATION AND THE MUNICIPAL GOVERNMENT SHALL CONSULT AND COORDINATE
WITH THE OFFICE OF PARKS, RECREATION, AND HISTORIC PRESERVATION TO MINI-
MIZE ADVERSE IMPACTS ON:
(A) STATE AND FEDERALLY RECOGNIZED THREATENED AND ENDANGERED SPECIES;
AND
(B) HABITATS OF CONSERVATION CONCERN.
4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NOTHING IN
THIS SECTION SHALL:
(A) REQUIRE A UTILITY CORPORATION TO ALLOW A POWERLINE TRAIL OR ANY
OTHER FACILITY ON ITS UTILITY CORRIDOR; OR
(B) REQUIRE A PUBLIC OR PRIVATE LANDOWNER WHOSE PROPERTY IS ADJACENT
TO OR INCLUSIVE OF A UTILITY CORRIDOR TO ALLOW PUBLIC ACCESS TO ANY
PORTION OF SUCH LANDOWNER'S PROPERTY.
5. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(A) "UTILITY CORRIDOR" MEANS A TRACT OF LAND OWNED, OCCUPIED, OR
LEASED BY A UTILITY CORPORATION, OR COVERED BY AN EASEMENT OR RIGHT-OF-
WAY HELD BY A UTILITY CORPORATION, WHERE AN ELECTRIC TRANSMISSION LINE
IS CONSTRUCTED, OPERATED, OR MAINTAINED AT A VOLTAGE OF SIXTY-FIVE KILO-
VOLTS OR HIGHER.
(B) "POWERLINE TRAIL" MEANS A MULTI-USE TRAIL THAT IS:
(I) USED FOR RECREATIONAL OR TRANSPORTATION PURPOSES IN A MANNER THAT
DOES NOT INVOLVE A MOTOR VEHICLE; AND
(II) LOCATED IN AN EXISTING OR FUTURE UTILITY CORRIDOR.
§ 2. The public service law is amended by adding a new section 131 to
read as follows:
§ 131. UTILITY NOTIFICATION TO MUNICIPALITIES OF POTENTIAL FOR POWER-
LINE TRAILS. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "UTILITY CORRIDOR" MEANS A TRACT OF LAND OWNED, OCCUPIED, OR
LEASED BY A UTILITY CORPORATION, OR COVERED BY AN EASEMENT OR RIGHT-OF-
WAY HELD BY A UTILITY CORPORATION, WHERE AN ELECTRIC TRANSMISSION LINE
IS CONSTRUCTED, OPERATED, OR MAINTAINED AT A VOLTAGE OF SIXTY-FIVE KILO-
VOLTS OR HIGHER.
(B) "POWERLINE TRAIL" MEANS A MULTI-USE TRAIL THAT IS:
(I) USED FOR RECREATIONAL OR TRANSPORTATION PURPOSES IN A MANNER THAT
DOES NOT INVOLVE A MOTOR VEHICLE; AND
(II) LOCATED IN AN EXISTING OR FUTURE UTILITY CORRIDOR.
2. UPON THE GRANTING OF AN APPLICATION BY THE COMMISSION PURSUANT TO
THIS ARTICLE, A UTILITY CORPORATION SHALL NOTIFY THE MUNICIPALITY, OR
MUNICIPALITIES, IN WHICH THE UTILITY CORRIDOR IS LOCATED OF THE POTEN-
TIAL FOR THE CONSTRUCTION OF A POWERLINE TRAIL IN THE ASSOCIATED UTILITY
CORRIDOR. SUCH NOTIFICATION SHALL INCLUDE:
(A) UTILITY CORRIDORS SUITABLE FOR THE CREATION OF POWER LINE TRAILS;
AND
(B) THE CONTACT INFORMATION FOR A DESIGNEE OF THE UTILITY CORPORATION
WHO A MUNICIPAL GOVERNMENT CAN CONTACT TO DISCUSS THE POSSIBILITY OF
CONSTRUCTING SUCH POWERLINE TRAILS.
3. A UTILITY CORPORATION SHALL ONLY BE REQUIRED TO NOTIFY A MUNICI-
PALITY OF THE POTENTIAL FOR THE CONSTRUCTION OF A POWERLINE TRAIL PURSU-
ANT TO SUBDIVISION TWO OF THIS SECTION IF:
(A) THE TRANSMISSION LINE WILL BE EXTENDED BY MORE THAN ONE MILE; OR
(B) THE TRANSMISSION LINE CAPACITY WILL BE INCREASED BY MORE THAN TEN
PERCENT.
A. 8311--A 3
§ 3. Section 1005 of the public authorities law is amended by adding a
new subdivision 31 to read as follows:
31. (A) THE AUTHORITY, AS THE OWNER, OCCUPANT, OR LESSEE OF A UTILITY
CORRIDOR OR THE HOLDER OF AN EASEMENT OR RIGHT-OF-WAY COVERING A UTILITY
CORRIDOR, MAY ENTER INTO A WRITTEN CONTRACT WITH A MUNICIPALITY OR
PRIVATE LANDOWNER TO CONSTRUCT AND MAINTAIN POWERLINE TRAILS COVERING
ALL OR SOME OF SUCH UTILITY CORRIDOR.
(B) THE AUTHORITY SHALL DEVELOP AND MAINTAIN INFORMATIONAL RESOURCES
ON ITS WEBSITE TO ENCOURAGE, FACILITATE, AND STREAMLINE THE CONSTRUCTION
OF NEW POWERLINE TRAILS IN UTILITY CORRIDORS THAT ARE SUITABLE FOR THE
CONSTRUCTION AND MAINTENANCE OF A POWERLINE TRAIL. SUCH INFORMATIONAL
RESOURCES, AT A MINIMUM, SHALL:
(I) IDENTIFY UTILITY CORRIDORS SUITABLE FOR THE CREATION OF POWER LINE
TRAILS;
(II) PROVIDE THE CONTACT INFORMATION FOR A DESIGNEE OF THE AUTHORITY
WHO A MUNICIPAL GOVERNMENT CAN CONTACT TO DISCUSS THE POSSIBILITY OF
CONSTRUCTING SUCH POWERLINE TRAILS; AND
(III) BE REVIEWED AND REVISED PERIODICALLY BY THE AUTHORITY.
(C) DURING THE DESIGN AND CONSTRUCTION OF A POWERLINE TRAIL, THE
AUTHORITY AND MUNICIPAL GOVERNMENT SHALL CONSULT AND COORDINATE WITH THE
OFFICE OF PARKS, RECREATION, AND HISTORIC PRESERVATION TO MINIMIZE
ADVERSE IMPACTS ON:
(I) STATE AND FEDERALLY RECOGNIZED THREATENED AND ENDANGERED SPECIES;
AND
(II) HABITATS OF CONSERVATION CONCERN.
(D) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NOTHING IN
THIS SECTION SHALL:
(I) REQUIRE THE AUTHORITY TO ALLOW A POWERLINE TRAIL OR ANY OTHER
FACILITY ON ITS UTILITY CORRIDOR; OR
(II) REQUIRE A PUBLIC OR PRIVATE LANDOWNER WHOSE PROPERTY IS ADJACENT
TO OR INCLUSIVE OF A UTILITY CORRIDOR TO ALLOW PUBLIC ACCESS TO ANY
PORTION OF THE LANDOWNER'S PROPERTY.
(E) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(I) "UTILITY CORRIDOR" MEANS A TRACT OF LAND OWNED, OCCUPIED, OR
LEASED BY THE AUTHORITY, OR COVERED BY AN EASEMENT OR RIGHT-OF-WAY HELD
BY THE AUTHORITY, WHERE AN ELECTRIC TRANSMISSION LINE IS CONSTRUCTED,
OPERATED, OR MAINTAINED AT A VOLTAGE OF SIXTY-FIVE KILOVOLTS OR HIGHER.
(II) "POWERLINE TRAIL" MEANS A MULTI-USE TRAIL THAT IS:
(A) USED FOR RECREATIONAL OR TRANSPORTATION PURPOSES IN A MANNER THAT
DOES NOT INVOLVE A MOTOR VEHICLE; AND
(B) LOCATED IN AN EXISTING OR FUTURE UTILITY CORRIDOR.
(III) "MUNICIPALITY" MEANS A COUNTY, CITY, TOWN OR VILLAGE LOCATED IN
THIS STATE.
§ 4. Section 1020-f of the public authorities law, as added by chapter
517 of the laws of 1986, is amended by adding a new subdivision (ll) to
read as follows:
(LL) 1. AS THE OWNER, OCCUPANT, OR LESSEE OF A UTILITY CORRIDOR OR THE
HOLDER OF AN EASEMENT OR RIGHT-OF-WAY COVERING A UTILITY CORRIDOR, TO
ENTER INTO A WRITTEN CONTRACT WITH A MUNICIPALITY OR PRIVATE LANDOWNER
TO CONSTRUCT AND MAINTAIN POWERLINE TRAILS COVERING ALL OR SOME OF SUCH
UTILITY CORRIDOR.
2. THE AUTHORITY SHALL DEVELOP AND MAINTAIN INFORMATIONAL RESOURCES ON
ITS WEBSITE TO ENCOURAGE, FACILITATE, AND STREAMLINE THE CONSTRUCTION OF
NEW POWERLINE TRAILS IN UTILITY CORRIDORS THAT ARE SUITABLE FOR THE
A. 8311--A 4
CONSTRUCTION AND MAINTENANCE OF A POWERLINE TRAIL. SUCH INFORMATIONAL
RESOURCES, AT A MINIMUM, SHALL:
(I) IDENTIFY UTILITY CORRIDORS SUITABLE FOR THE CREATION OF POWER LINE
TRAILS;
(II) PROVIDE THE CONTACT INFORMATION FOR A DESIGNEE OF THE AUTHORITY
WHO A MUNICIPAL GOVERNMENT CAN CONTACT TO DISCUSS THE POSSIBILITY OF
CONSTRUCTING SUCH POWERLINE TRAILS; AND
(III) BE REVIEWED AND REVISED PERIODICALLY BY THE AUTHORITY.
3. DURING THE DESIGN AND CONSTRUCTION OF A POWERLINE TRAIL, THE
AUTHORITY AND MUNICIPAL GOVERNMENT SHALL CONSULT AND COORDINATE WITH THE
OFFICE OF PARKS, RECREATION, AND HISTORIC PRESERVATION TO MINIMIZE
ADVERSE IMPACTS ON:
(I) STATE AND FEDERALLY RECOGNIZED THREATENED AND ENDANGERED SPECIES;
AND
(II) HABITATS OF CONSERVATION CONCERN.
4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NOTHING IN
THIS SECTION SHALL:
(I) REQUIRE THE AUTHORITY TO ALLOW A POWERLINE TRAIL OR ANY OTHER
FACILITY ON ITS UTILITY CORRIDOR; OR
(II) REQUIRE A PUBLIC OR PRIVATE LANDOWNER WHOSE PROPERTY IS ADJACENT
TO OR INCLUSIVE OF A UTILITY CORRIDOR TO ALLOW PUBLIC ACCESS TO ANY
PORTION OF THE LANDOWNER'S PROPERTY.
5. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(I) "UTILITY CORRIDOR" MEANS A TRACT OF LAND OWNED, OCCUPIED, OR
LEASED BY THE AUTHORITY, OR COVERED BY AN EASEMENT OR RIGHT-OF-WAY HELD
BY THE AUTHORITY, WHERE AN ELECTRIC TRANSMISSION LINE IS CONSTRUCTED,
OPERATED, OR MAINTAINED AT A VOLTAGE OF SIXTY-FIVE KILOVOLTS OR HIGHER.
(II) "POWERLINE TRAIL" MEANS A MULTI-USE TRAIL THAT IS:
(1) USED FOR RECREATIONAL OR TRANSPORTATION PURPOSES IN A MANNER THAT
DOES NOT INVOLVE A MOTOR VEHICLE; AND
(2) LOCATED IN AN EXISTING OR FUTURE UTILITY CORRIDOR.
(III) "MUNICIPALITY" MEANS A COUNTY, CITY, TOWN OR VILLAGE LOCATED IN
THIS STATE.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.