Senate Bill S3638

2013-2014 Legislative Session

Authorizes the commissioner of environmental conservation to grant utility easements within reforestation areas upon certain findings

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation 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

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2013-S3638 (ACTIVE) - Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add ยง9-0511, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3617
2011-2012: S4759
2015-2016: S1564

2013-S3638 (ACTIVE) - Summary

Authorizes the commissioner of environmental conservation to grant utility easements within a reforestation area upon certain findings.

2013-S3638 (ACTIVE) - Sponsor Memo

2013-S3638 (ACTIVE) - Bill Text download pdf 

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

                                  3638

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 7, 2013
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation  to  the
  granting of utility easements within reforestation areas

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The environmental conservation law is amended by  adding  a
new section 9-0511 to read as follows:
S 9-0511. UTILITY EASEMENTS.
  THE  COMMISSIONER  IS HEREBY AUTHORIZED TO GRANT UTILITY EASEMENTS FOR
FAIR MARKET VALUE WITHIN A REFORESTATION AREA FOR THE PURPOSE OF PROVID-
ING ELECTRICAL POWER TO PERSONS RESIDING WITHIN SUCH  AREA.  SUCH  EASE-
MENTS  SHALL  BE  LIMITED  TO PLACEMENT WITHIN THE FOOTPRINT OF A PUBLIC
ROADWAY. ANY SUCH EASEMENT MAY BE GRANTED UPON APPLICATION BY ANY PERSON
RESIDING WITHIN A REFORESTATION AREA, WHERE GRANTING  OF  SUCH  EASEMENT
WOULD ALLOW SUCH APPLICANT TO RECEIVE ELECTRICAL POWER. IN MAKING HIS OR
HER  DETERMINATION  WITH  RESPECT TO WHETHER OR NOT AN APPLICATION FOR A
UTILITY EASEMENT SHALL BE GRANTED, THE COMMISSIONER SHALL CONSIDER:
  1. THE ENVIRONMENTAL COMPATIBILITY OF UTILITY POLES AND UTILITY  LINES
WITH THEIR SURROUNDINGS, INCLUDING THE IMPACT OF SUCH POLES AND LINES ON
THE  NATURAL  ENVIRONMENT,  WILDLIFE  AND  BIRDS,  THE AESTHETICS OF THE
REGION AND OUTDOOR RECREATIONAL OPPORTUNITIES; AND
  2. WHETHER OR NOT THE PUBLIC GOOD SHALL BE  SERVED  BY  GRANTING  SUCH
EASEMENT.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08543-01-3

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