S T A T E O F N E W Y O R K
________________________________________________________________________
7734
I N S E N A T E
May 5, 2010
___________
Introduced by Sen. DILAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the highway law, in relation to authorizing the leasing
of land adjacent to state and local highways for the purpose of the
construction and operation of solar and wind electric generating
systems; and to amend the public authorities law, in relation to
granting such authorization to the metropolitan transportation author-
ity
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 10 of the highway law is amended by adding a new
subdivision 38-a to read as follows:
38-A. HAVE THE POWER TO LEASE, FOR A TERM NOT TO EXCEED NINETY-NINE
YEARS, THE PROPERTY RIGHTS IN AIR SPACE, AND/OR UNUSED SURFACE OR
SUBSURFACE SPACE IN CONNECTION WITH ANY STATE-OWNED PROPERTY UNDER HIS
OR HER JURISDICTION OR OTHER PROPERTY ACQUIRED FOR STATE HIGHWAY
PURPOSES. SUCH LEASES SHALL BE FOR THE PURPOSES OF THE CONSTRUCTION AND
OPERATION OF SOLAR AND/OR WIND ELECTRIC GENERATING SYSTEMS. SUCH SYSTEMS
MAY BE MOUNTED UPON SOUND BARRIERS, RETAINING WALLS, OPEN UNOBSTRUCTED
AREAS, PARKING LOTS, BRIDGES, BRIDGE STRUCTURES, SIGNS, SIGN STRUCTURES
AND UPON ANY OTHER AREA UPON THE LEASED REAL PROPERTY. THE CONSTRUCTION
AND OPERATION OF SOLAR AND WIND ELECTRIC GENERATING SYSTEMS SUBJECT TO A
LEASE AUTHORIZED BY THIS SUBDIVISION SHALL BE SUBJECT TO STATE AND
FEDERAL LAW, RULES AND REGULATIONS, BUT SHALL NOT BE SUBJECT TO ANY
LOCAL LAW, RESOLUTION, ORDINANCE, RULE OR REGULATION. THE TERMS OF ANY
SUCH LEASE SHALL BE DETERMINED BY THE COMMISSIONER AND SHALL BE SUBJECT
TO THE APPROVAL OF THE ATTORNEY GENERAL. IN ORDER TO CARRY ANY SUCH
LEASE INTO EFFECT, THE COMMISSIONER IS HEREBY AUTHORIZED TO EXECUTE AND
DELIVER, IN THE NAME OF THE PEOPLE OF THE STATE, A LEASE TO SUCH PROPER-
TY RIGHTS. EACH SUCH INSTRUMENT OF LEASE SHALL BE PREPARED BY THE ATTOR-
NEY GENERAL. NO SUCH LEASE BY THE COMMISSIONER SHALL DEPRIVE AN ABUTTING
LANDOWNER OF HIS OR HER RIGHT OF ACCESS.
S 2. Section 102 of the highway law is amended by adding a new subdi-
vision 19 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15393-02-0
S. 7734 2
19. HAVE THE POWER, SUBJECT TO THE APPROVAL OF THE COUNTY GOVERNING
BODY, TO LEASE, FOR A TERM NOT TO EXCEED NINETY-NINE YEARS, THE PROPERTY
RIGHTS IN AIR SPACE, AND/OR UNUSED SURFACE OR SUBSURFACE SPACE IN
CONNECTION WITH ANY COUNTY-OWNED PROPERTY UNDER HIS OR HER JURISDICTION
OR OTHER PROPERTY ACQUIRED FOR COUNTY ROAD PURPOSES. SUCH LEASES SHALL
BE FOR THE PURPOSES OF THE CONSTRUCTION AND OPERATION OF SOLAR AND/OR
WIND ELECTRIC GENERATING SYSTEMS. SUCH SYSTEMS MAY BE MOUNTED UPON SOUND
BARRIERS, RETAINING WALLS, OPEN UNOBSTRUCTED AREAS, PARKING LOTS, BRIDG-
ES, BRIDGE STRUCTURES, SIGNS, SIGN STRUCTURES AND UPON ANY OTHER AREA
UPON THE LEASED REAL PROPERTY. THE CONSTRUCTION AND OPERATION OF SOLAR
AND WIND ELECTRIC GENERATING SYSTEMS SUBJECT TO A LEASE AUTHORIZED BY
THIS SUBDIVISION SHALL BE SUBJECT TO STATE AND FEDERAL LAW, RULES AND
REGULATIONS, BUT SHALL NOT BE SUBJECT TO ANY LOCAL LAW, RESOLUTION,
ORDINANCE, RULE OR REGULATION. THE TERMS OF ANY SUCH LEASE SHALL BE
DETERMINED BY THE COUNTY SUPERINTENDENT, AND SHALL BE SUBJECT TO THE
APPROVAL OF THE COUNTY GOVERNING BODY. SUCH LEASE BY THE COUNTY SUPER-
INTENDENT SHALL NOT DEPRIVE AN ABUTTING LANDOWNER OF HIS OR HER RIGHT OF
ACCESS.
S 3. Section 140 of the highway law is amended by adding a new subdi-
vision 20 to read as follows:
20. HAVE THE POWER, SUBJECT TO THE APPROVAL OF THE TOWN BOARD, TO
LEASE, FOR A TERM NOT TO EXCEED NINETY-NINE YEARS, THE PROPERTY RIGHTS
IN AIR SPACE, AND/OR UNUSED SURFACE OR SUBSURFACE SPACE IN CONNECTION
WITH ANY TOWN-OWNED PROPERTY UNDER HIS OR HER JURISDICTION OR OTHER
PROPERTY ACQUIRED FOR TOWN ROAD PURPOSES. SUCH LEASES SHALL BE FOR THE
PURPOSES OF THE CONSTRUCTION AND OPERATION OF SOLAR AND/OR WIND ELECTRIC
GENERATING SYSTEMS. SUCH SYSTEMS MAY BE MOUNTED UPON SOUND BARRIERS,
RETAINING WALLS, OPEN UNOBSTRUCTED AREAS, PARKING LOTS, BRIDGES, BRIDGE
STRUCTURES, SIGNS, SIGN STRUCTURES AND UPON ANY OTHER AREA UPON THE
LEASED REAL PROPERTY. THE CONSTRUCTION AND OPERATION OF SOLAR AND WIND
ELECTRIC GENERATING SYSTEMS SUBJECT TO A LEASE AUTHORIZED BY THIS SUBDI-
VISION SHALL BE SUBJECT TO STATE AND FEDERAL LAW, RULES AND REGULATIONS
BUT SHALL NOT BE SUBJECT TO ANY LOCAL LAW, RESOLUTION, ORDINANCE, RULE
OR REGULATION. THE TERMS OF ANY SUCH LEASE SHALL BE DETERMINED BY THE
TOWN SUPERINTENDENT, AND SHALL BE SUBJECT TO THE APPROVAL OF THE TOWN
BOARD. SUCH LEASE BY THE TOWN SUPERINTENDENT SHALL NOT DEPRIVE AN ABUT-
TING LANDOWNER OF HIS OR HER RIGHT OF ACCESS.
S 4. Section 1265 of the public authorities law is amended by adding a
new subdivision 15 to read as follows:
15. TO LEASE, FOR A TERM NOT TO EXCEED NINETY-NINE YEARS, THE PROPERTY
RIGHTS IN AIR SPACE, AND/OR UNUSED SURFACE OR SUBSURFACE SPACE IN
CONNECTION WITH ANY AUTHORITY OWNED PROPERTY OR OTHER PROPERTY ACQUIRED
FOR AUTHORITY PURPOSES. SUCH LEASES SHALL BE FOR THE PURPOSES OF THE
CONSTRUCTION AND OPERATION OF SOLAR AND/OR WIND ELECTRIC GENERATING
SYSTEMS. SUCH SYSTEMS MAY BE MOUNTED UPON SOUND BARRIERS, RETAINING
WALLS, OPEN UNOBSTRUCTED AREAS, PARKING LOTS, BRIDGES, BRIDGE STRUC-
TURES, SIGNS, SIGN STRUCTURES AND UPON ANY OTHER AREA UPON THE LEASED
REAL PROPERTY. THE CONSTRUCTION AND OPERATION OF SOLAR AND WIND ELECTRIC
GENERATING SYSTEMS SUBJECT TO A LEASE AUTHORIZED BY THIS SUBDIVISION
SHALL BE SUBJECT TO STATE AND FEDERAL LAW, RULES AND REGULATIONS, BUT
SHALL NOT BE SUBJECT TO ANY LOCAL LAW, RESOLUTION, ORDINANCE, RULE OR
REGULATION. THE TERMS OF ANY SUCH LEASE SHALL BE DETERMINED BY THE
AUTHORITY. SUCH LEASE BY THE AUTHORITY SHALL NOT DEPRIVE AN ABUTTING
LANDOWNER OF HIS OR HER RIGHT OF ACCESS.
S 5. This act shall take effect immediately.