BILL NUMBER:S1564

TITLE OF BILL:

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

PURPOSE:

To authorize the issuance of a permit to allow for a utility easement
over certain real property owned by the state of New York in the town
of Orange.

SUMMARY OF PROVISIONS:

Section 1: The commissioner of environmental conservation is
authorized to enter into a contract on behalf of the state of New York
with the owner of property located in the town of Orange, county of
Schuyler, designated as Sugar Hill Reforestation with identification
number 72.00-1-10, or the company the owner has or will contract with
for electrical power for a utility easement over a reforestation area.

Section 2: In order for the commissioner of environmental conservation
to issue the permit, he must review the proposed easement for
environmental compatibility and determine that there will be no
significant impact on the natural environment, wildlife and birds the
              

aesthetics of the region, outdoor recreational opportunities and
whether or not the public good will be served by granting such an
easement.

Section 3: Stipulates the language that must be included describing
the metes and bounds of the easement, stipulates clearing and trimming
of vegetation is to be done by manual or mechanical means and the use
of chemicals or herbicides is prohibited unless prior approval is
granted by the department of Environmental Conservation.  All dealings
with any and all vegetation will be done in accordance with the
special terms and conditions as stated in a temporary revocable permit
(TRP), or other applicable instruments issued by division of lands and
forests.

Section 4: The contract shall not become binding upon the state until
approved by the director of the budget and state comptroller. The
commissioner of general services will convey a permanent easement to
the grantee once he has complied with all the terms and conditions of
the contract

Section 5: This act shall take effect immediately.

EXISTING LAW:

Existing law does not provide authority for the commissioner of
environmental conservation to issue easements over certain real
property owned by the state of New York.

JUSTIFICATION:


Article 9 of the Environmental Conservation Law prohibits 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:

2014-S.3638

FISCAL IMPLICATIONS:

Minimal cost based on review process and permit issuance.

LOCAL FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately