BILL NUMBER:  S3617

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to the
granting of utility easements within reforestation areas


 PURPOSE OR GENERAL IDEA OF BILL :
To authorize the issuance of a permit to allow for a utility easement
along a public road way on state owned reforestation land.

 SUMMARY OF PROVISIONS :
The bill adds a new Section 9-0511 of the Environmental Conservation
Law to provide that DEC may issue a permit for the placement of
utility lines along a public roadway right of way in instances where
the municipal entity holding the right of way cannot document whether
the municipal right of way includes the placement of utilities. In
order to issue the permit, DEC must review the proposed easement for
environmental compatibility and determine that there will be no
significant impact on the environment when considered in light of
likely alternative energy sources. (i.e. a propane tank and/or a
generator.)

 EXISTING LAW :
Existing law does not provide authority for DEC to issue easements
along public right of ways in state owned reforestation lands to
              

private landowners.

 JUSTIFICATION :
Article 9 of the Environmental Conservation law has been interpreted
by DEC to prohibit DEC from issuing a right of way for utility
purposes through an existing public roadway in order to provide
utility service to private individuals who own cabins within the
reforestation land. Section 9-0501 of the ECL provides that
reforestation lands consist of lands of at least 500 contiguous acres
which are forever devoted to the planting, growing, and harvesting of
trees. Many of these reforestation areas were acquired with existing
residential cabins, and public roadways. In instances where a cabin
owner wishes to provide utility service to his residence, he is often
forced to opt for the use of a generator as alternative power source.
This alternative power source actually may result in greater
environmental stress than electric service. There are an increasing
number of individuals who are turning former seasonal cabins into year
round homes for retirement usage which could utilize utility service.

 LEGISLATIVE HISTORY :
2005: S.4835-A Passed Senate
2006: S.4835-A Referred to Environmental Conservation
2007: S.896-A Referred to Environmental Conservation

 FISCAL IMPLICATIONS :
Minimal cost based on review process and permit issuance.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.