S T A T E O F N E W Y O R K
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3505--A
Cal. No. 538
2015-2016 Regular Sessions
I N S E N A T E
February 11, 2015
___________
Introduced by Sen. YOUNG -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
-- reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading
AN ACT to authorize an easement on a portion of real property within the
Boutwell Hill state forest in the county of Chautauqua for the
location of electric collection or distribution facilities in
connection with a wind powered electric generation project located in
the towns of Charlotte and/or Cherry Creek
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. A proposed wind generation project, in
the county of Chautauqua in the towns of Charlotte and/or Cherry Creek,
could potentially generate up to 200 megawatts of clean renewable elec-
tricity from wind power with minimal impact on the environment compared
with other electric generation sources. To maximize the production of
electricity from such wind power project, an electric collection or
distribution line would need to pass through a portion of real property
immediately adjacent to or within the right of ways of public roads
running through the Boutwell Hill state forest. The legislature finds
that it will serve a useful public purpose to authorize the department
of environmental conservation to execute an easement agreement for real
property within the Boutwell Hill state forest for such collection or
distribution line and appropriate access, in the event that such
collection or distribution line proposed to be located on such easement
lands is certified pursuant to article 7 or 10 of the public service
law.
S 2. Notwithstanding the provisions of section 9-0501 of the environ-
mental conservation law and the provisions of the public lands law, the
department of environmental conservation is authorized to grant an ease-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00622-03-5
S. 3505--A 2
ment for an electric collection or distribution line on real property
within the Boutwell Hill state forest, which meets the following condi-
tions:
(a) The easement is for an electric collection or distribution line
which is part of a wind powered electric generation project located in
the towns of Charlotte and/or Cherry Creek.
(b) The easement is for a portion of property within the Boutwell Hill
state forest owned by the state and managed by the department of envi-
ronmental conservation. The collection or distribution line shall be
located within 50 feet of the center line of the road corridor within
the state forest and, should a portion of the line not be located along
a road corridor, the corridor for such line shall not exceed 50 feet in
width and 1500 feet in length across Boutwell Hill state forest. In no
event shall the location of the electric collection or distribution line
require the cutting of trees greater than 50 feet from such collection
or distribution line placed in or adjacent to such roads or 25 feet from
the center line of any corridor which is not adjacent to a road.
(c) The easement will be conveyed by the department of environmental
conservation and take effect only in the event a collection or distrib-
ution line proposed to be located on such easement lands is certified
and approved as part of a wind powered electric generation facility
pursuant to article 7 and/or 10 of the public service law.
(d) The easement shall terminate when the associated wind powered
electric generation project ceases to operate for an extended period of
time as set forth in the easement and the easement shall then revert to
the state to be managed by the department of environmental conservation.
Prior to reversion, any collection or distribution lines and any infras-
tructure related thereto shall be removed by the entity controlling the
lines.
S 3. (a) In entering into the easement described in section two of
this act, the department of environmental conservation is authorized to
grant such easement without bid and for such reasonable consideration
that such department deems proper, upon application by an authorized
officer or employee of the entity proposing the wind-powered electric
generation project described in section two hereof. Reasonable consid-
eration shall take the form of the conveyance of an interest in real
property to the state or restorations or improvement to state lands in
region 9 of the department of environmental conservation. Special
consideration shall be given to projects listed in the regional priority
conservation projects list in region 9 as part of this state's open
space conservation plan. The total payment shall not exceed the value of
the easement to be conveyed by the state plus twenty percent of the
value of such easement.
(b) Prior to executing the easement, an authorized officer or employee
of the entity applying to propose a transmission or collection line
route through the Boutwell Hill state forest as part of an application
pursuant to article 7 or 10 of the public service law, shall provide a
survey of the easement and appraisal thereon to the department of envi-
ronmental conservation and shall prepare the easement, subject to review
and approval by the department.
(c) The grant of the easement is conditioned on, first, the conveyance
of the exchange parcel to this state, and second, compliance with the
environmental, health, safety and alternative reviews and subject to the
provisions of article 7 and/or 10 of the public service law.
(d) Any entity cutting forest growth on this easement shall pay a tax
pursuant to subdivision 5 of section 480 of the real property tax law.
S. 3505--A 3
S 4. The applicant for the easement shall be responsible for the prep-
aration, filing and recording of all required easement maps or surveys
and related easement documents. The department of environmental conser-
vation shall cause any maps or surveys and related easement documents to
be filed in the regional office of such department wherein the Boutwell
Hill state forest is located and such additional locations as the
department deems appropriate. Such maps and easement shall also be
recorded by the applicant with the office of general services.
S 5. This act shall constitute sufficient proof of land control with
respect to proposed easement routes for a collection or distribution
line through the Boutwell Hill state forest for the purposes of compli-
ance with the application requirements of articles 7 and 10 of the
public service law, and any associated regulations.
S 6. This act shall take effect immediately.