Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 12, 2010 |
referred to transportation |
Assembly Bill A10243
2009-2010 Legislative Session
Sponsored By
ENGLEBRIGHT
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
Actions
co-Sponsors
Earlene Hooper
William Boyland
Ginny Fields
Frank Skartados
multi-Sponsors
Marc Alessi
Phil Boyle
James F. Brennan
Marcos Crespo
2009-A10243 (ACTIVE) - Details
- See Senate Version of this Bill:
- S7734
- Current Committee:
- Assembly Transportation
- Law Section:
- Highway Law
- Laws Affected:
- Amd §§10, 102 & 140, Hway L; amd §1265, Pub Auth L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A5520, S1341
2013-2014: A5623, S401
2015-2016: A6297, S1837
2017-2018: A2506, S2930
2019-2020: A3206
2009-A10243 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10243 TITLE OF BILL: An act to amend the highway law, in relation to author- izing 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 authority PURPOSE: To authorize the lease of lands adjacent to state and county highways for operation of wind or solar electric generating systems. SUMMARY OF PROVISIONS: Section 1 amends Section 10 of the highway law by adding a new subdivision 38-a. Section 2 amends Section 102 of the highway law by adding a new subdivi- sion 19. Section 3 amends Section 140 of the highway law by adding a new subdivi- sion 20. JUSTIFICATION: This legislation will help to spur economic opportu- nities in alternative energy as well as energy independence by creating a mechanism for the leasing of lands adjacent to state and county high- ways for operation of wind or solar electric generating systems.
2009-A10243 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10243 I N A S S E M B L Y March 12, 2010 ___________ Introduced by M. of A. ENGLEBRIGHT, HOOPER, BOYLAND, FIELDS, SKARTADOS, GUNTHER, DelMONTE, SCHIMEL, GIBSON, JAFFEE, AUBRY, MAISEL, CASTRO, BARRON, LIFTON, MARKEY, GORDON -- Multi-Sponsored by -- M. of A. ALES- SI, BRENNAN, CRESPO, HYER-SPENCER, MAGEE, McENENY, PERRY, REILLY, THIELE -- read once and referred 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:
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