S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8301
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 6, 2017
                                ___________
 
 Introduced  by  M. of A. ENGLEBRIGHT, JONES -- read once and referred to
   the Committee on Environmental Conservation
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to article 14 of the constitution, in relation to
   allowing public utility lines and bicycle paths on certain state lands
   in the forest preserve and establishing a forest preserve  health  and
   safety land account
 
   Section  1. Resolved (if the Senate concur), That section 1 of article
 14 of the constitution be amended by adding a new undesignated paragraph
 to read as follows:
   NOTWITHSTANDING THE FOREGOING PROVISIONS AND  SUBJECT  TO  LEGISLATIVE
 APPROVAL  PRIOR TO ACTUAL TRANSFER OF TITLE, A TOTAL OF NO MORE THAN TWO
 HUNDRED FIFTY ACRES OF FOREST PRESERVE LAND SHALL BE USED FOR THE ESTAB-
 LISHMENT OF A HEALTH AND SAFETY LAND ACCOUNT. WHERE NO  VIABLE  ALTERNA-
 TIVE  EXISTS  AND OTHER CRITERIA DEVELOPED BY THE LEGISLATURE ARE SATIS-
 FIED, A TOWN, VILLAGE  OR  COUNTY  MAY  APPLY,  PURSUANT  TO  A  PROCESS
 DETERMINED BY THE LEGISLATURE, TO THE HEALTH AND SAFETY LAND ACCOUNT FOR
 PROJECTS  LIMITED TO:   ADDRESS BRIDGE HAZARDS OR SAFETY ON COUNTY HIGH-
 WAYS, AND TOWN HIGHWAYS LISTED ON THE LOCAL HIGHWAY INVENTORY MAINTAINED
 BY THE DEPARTMENT OF TRANSPORTATION,  DEDICATED,  AND  IN  EXISTENCE  ON
 JANUARY  FIRST,  TWO THOUSAND FIFTEEN, AND ANNUALLY PLOWED AND REGULARLY
 MAINTAINED; ELIMINATION OF THE HAZARDS OF DANGEROUS CURVES AND GRADES ON
 COUNTY HIGHWAYS, AND TOWN HIGHWAYS LISTED ON THE LOCAL HIGHWAY INVENTORY
 MAINTAINED BY THE DEPARTMENT OF TRANSPORTATION, DEDICATED, AND IN EXIST-
 ENCE ON JANUARY FIRST, TWO THOUSAND FIFTEEN,  AND  ANNUALLY  PLOWED  AND
 REGULARLY  MAINTAINED;  RELOCATION AND RECONSTRUCTION AND MAINTENANCE OF
 COUNTY HIGHWAYS, AND TOWN HIGHWAYS LISTED ON THE LOCAL HIGHWAY INVENTORY
 MAINTAINED BY THE DEPARTMENT OF TRANSPORTATION, DEDICATED, AND IN EXIST-
 ENCE ON JANUARY FIRST, TWO THOUSAND  FIFTEEN  AND  ANNUALLY  PLOWED  AND
 REGULARLY  MAINTAINED, PROVIDED FURTHER THAT NO SINGLE RELOCATED PORTION
 OF ANY SUCH HIGHWAY SHALL EXCEED ONE MILE IN LENGTH; AND WATER WELLS AND
 NECESSARY APPURTENANCES WHEN SUCH WELLS ARE NECESSARY TO  MEET  DRINKING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89016-01-7

 A. 8301                             2
 
 WATER  QUALITY STANDARDS AND ARE LOCATED WITHIN FIVE HUNDRED THIRTY FEET
 OF STATE HIGHWAYS, COUNTY HIGHWAYS, AND  TOWN  HIGHWAYS  LISTED  ON  THE
 LOCAL  HIGHWAY INVENTORY MAINTAINED BY THE DEPARTMENT OF TRANSPORTATION,
 DEDICATED,  AND IN EXISTENCE ON JANUARY FIRST, TWO THOUSAND FIFTEEN, AND
 ANNUALLY PLOWED AND REGULARLY MAINTAINED. AS A CONDITION OF THE CREATION
 OF SUCH HEALTH AND SAFETY LAND  ACCOUNT  THE  STATE  SHALL  ACQUIRE  TWO
 HUNDRED  FIFTY ACRES OF LAND FOR INCORPORATION INTO THE FOREST PRESERVE,
 ON CONDITION THAT THE LEGISLATURE SHALL APPROVE SUCH LANDS TO  BE  ADDED
 TO THE FOREST PRESERVE.
   § 2. Resolved (if the Senate concur), That article 14 of the constitu-
 tion be amended by adding a new section 6 to read as follows:
   § 6. WHERE STATE, COUNTY, OR TOWN HIGHWAYS LISTED ON THE LOCAL HIGHWAY
 INVENTORY  MAINTAINED BY THE DEPARTMENT OF TRANSPORTATION, DEDICATED AND
 IN EXISTENCE ON JANUARY FIRST, TWO THOUSAND FIFTEEN, AND ANNUALLY PLOWED
 AND REGULARLY MAINTAINED, TRAVERSE FOREST PRESERVE LAND, PUBLIC  UTILITY
 LINES,  LIMITED  TO ELECTRIC, TELEPHONE, BROADBAND, WATER OR SEWER LINES
 AS DEFINED IN LAW, MAY, CONSISTENT WITH STANDARDS AND  REQUIREMENTS  SET
 FORTH  IN  LAW,  AND  FOLLOWING RECEIPT OF ALL PERMITS OR AUTHORIZATIONS
 REQUIRED BY LAW, BE BURIED OR CO-LOCATED WITHIN THE WIDTHS OF SUCH HIGH-
 WAYS AS DEFINED IN LAW, AND BICYCLE PATHS MAY, CONSISTENT WITH STANDARDS
 AND REQUIREMENTS SET FORTH IN LAW, AND FOLLOWING RECEIPT OF ALL  PERMITS
 OR  AUTHORIZATIONS REQUIRED BY LAW, BE CONSTRUCTED AND MAINTAINED WITHIN
 THE WIDTHS OF SUCH HIGHWAYS, AS DEFINED IN LAW; PROVIDED, HOWEVER,  WHEN
 NO  VIABLE ALTERNATIVE EXISTS AND WHEN NECESSARY TO ENSURE PUBLIC HEALTH
 AND SAFETY, A STABILIZATION DEVICE FOR AN EXISTING UTILITY POLE  MAY  BE
 LOCATED  IN  PROXIMITY  TO  THE  WIDTH  OF  THE ROAD, AS DEFINED IN LAW;
 PROVIDED  FURTHER,  THAT  ANY  CO-LOCATION,   BURIAL,   MAINTENANCE   OR
 CONSTRUCTION SHALL MINIMIZE THE REMOVAL OF TREES OR VEGETATION AND SHALL
 NOT  INCLUDE  THE  CONSTRUCTION OF ANY NEW INTRASTATE NATURAL GAS OR OIL
 PIPELINES THAT HAVE NOT RECEIVED ALL NECESSARY STATE AND  LOCAL  PERMITS
 AND AUTHORIZATIONS AS OF JUNE FIRST, TWO THOUSAND SIXTEEN.
   §  3. Resolved (if the Senate concur), That the foregoing amendment be
 submitted to the people for approval at the general election to be  held
 in the year 2017 in accordance with the provisions of the election law.