NY State Senate Bill 2017-S2608B

Senate Bill S2608B

2017-2018 Legislative Session

Enacts legislation to implement a constitutional amendment authorizing the placement of public utility line and bike paths in the forest preserve and establishing a health and safety land account

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to environmental conservation returned to senate died in assembly
Jun 19, 2017	referred to environmental conservation delivered to assembly passed senate ordered to third reading cal.1863
Jun 16, 2017	print number 2608b
Jun 16, 2017	amend and recommit to environmental conservation
Apr 28, 2017	print number 2608a
Apr 28, 2017	amend (t) and recommit to environmental conservation
Jan 13, 2017	referred to environmental conservation

Votes

- Jun 19, 2017 - Floor Vote
  S2608B
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2017
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Serrano
  Jun 19, 2017 - Rules Committee Vote
  S2608B
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2017
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky

Bill Amendments

Original

B (Active)

2017-S2608 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §9-0309, En Con L; amd §97-e, St Fin L
Versions Introduced in 2015-2016 Legislative Session:: S8027

2017-S2608 - Summary

Enacts legislation to implement a constitutional amendment authorizing the placement of public utility line and bike paths in the forest preserve and establishing a health and safety land account.

2017-S2608 - Sponsor Memo

                                 BILL NUMBER:  S2608

 TITLE OF BILL :

An act to amend the environmental conservation law and the state
finance law, in relation to the regional land banks for projects on
state land in the forest preserve

 PURPOSE :

The purpose of this bill is to amend the Environmental Conservation
Law (ECL) to allow the use of state lands for public utilities and
bike paths and to establish regional land banks for local roads,
bridges, public water supplies and public utilities in the Adirondacks
and Catskills pursuant to an amendment to Article XIV of the
Constitution, and the State Finance Law in relation to the Forest
Preserve Expansion Fund.

 SUMMARY OF PROVISIONS :

Section 1 of this bill adds a new ECL § 9-0309, "Use of certain state
lands in forest preserve counties for public utilities and regional
land bank for projects on state lands." This section would allow
utility lines to be buried or co-located within the maintained width
of highways that traverse state lands and allow construction of bike
paths in such areas.

This section would also establish two land banks in forest preserve
counties, 500 acres for the Adirondack region and 250 acres for the
Catskill region. The land banks could be available to towns, counties,
public water supplies and public utilities for highway, bridge, bike
path, environmental infrastructure, water supply, and public utility
projects where no feasible alternative exists. An individual project
would be limited to no more than five acres. No more than ten acres in
total could be used by an individual town or fifteen acres by an
individual county, unless authorized by the legislature. Any project
sponsor that uses land from the land bank would be required to pay an
amount equal to the value of the state lands or easement into an
account for acquisitions to the forest preserve and funds collected
would be used to purchase land for addition to the forest preserve.
Any public utility or water supply project would have to be approved
by the town or towns where the project is proposed.

DEC would have to acquire 750 acres of land for addition to the forest
preserve which would be classified as wilderness prior to allowing the
use of the land bank.

Section 2 of this bill amends State Finance Law § 97-e to allow for
moneys received for a regional land bank transaction to be deposited
into the forest preserve expansion fund. This section also clarifies
that the moneys in the fund shall be used for the acquisition of
additional lands for the forest preserve as well as the conservation
of forest and wild life in forest preserve counties.

Section 3 of this bill provides that the act is effective upon passage
of a constitutional amendment authorizing the establishment of a
forest preserve land bank for public project.

 JUSTIFICATION :

Article XIV of the State Constitution prevents state lands, including
forest preserve, reforestation areas, and wildlife management areas,
in Adirondack and Catskill counties from being leased, sold or
exchanged and prohibits them from being taken by any public or private
corporation. Thus, alienation of these lands requires a Constitutional
Amendment, passed by two successive, separately elected legislatures
and ratified by the electorate at a general election. This process is
intended to set a high standard for the alienation of state lands.
However, this process is overly cumbersome, time consuming and
expensive for small communities that need small amounts of state land
for water supply, road and utility projects critical to the public
health and safety.

The state's land acquisition program has caused the forest preserve to
nearly quadruple in size since 1895, when the forest preserve was
first given constitutional protection. In 1895, the preserve included
750,000 acres; now, the preserve includes nearly 3,000,000 acres. In
one Adirondack town, Arietta, the State owns 93 percent of the land,
while in Hamilton County the State owns more than 50 percent of the
land. The presence of state land has frustrated the siting of basic
public projects. Sometimes, due to land ownership patterns, the only
feasible alternative is to site a project on state land. The inability
to use State land can also result in the loss of funding for essential
projects.

For example, in 2008 the town of Elizabethtown received $6.4 million
in federal funding to install and upgrade much needed sewer lines.
However, the town discovered late in the process that the lines would
cross a small area of forest preserve land. The town did not have the
resources necessary to advance an amendment allowing the lines to
cross the preserve lands. Moreover, there was a three year limit on
federal grant funds for the project and, because first and second
passage of the joint resolution by the legislature requires passage in
two separate sessions of the legislature and then a vote of the
people, an individual, site-specific Constitutional Amendment could
not be secured before funding for the project expired. Therefore,
federal funding for the project was lost and the needed sewer line
project has yet to be completed.

A second example of where the anti-alienation provisions in Article
XIV have prevented an important public health and safety project from
moving forward is the relocation of the Middleton Bridge in the Town
of Horicon. The existing bridge crossing the Schroon River was closed
due to structural problems and a new replacement bridge is needed.
However, the new bridge needs to be located upstream from the existing
bridge because the road leading to the existing bridge is subject to
periodic flooding of the river. The best location for the new bridge
would cross the river where the state owns both river banks, and the
state land is subject to Article XIV's anti-alienation provisions. As
a result, the bridge cannot be constructed without a constitutional
amendment. The Town of Horicon lacks the resources to secure first and
second legislative passage of an amendment and to produce the
educational materials necessary to inform the voters of the State as
to the need for the bridge. Consequently, a replacement bridge has not
been built. Access to the residences on the east side of the river is
currently by a lengthy, indirect route, creating an unreasonable
emergency responder response time.

Since 1894, a small handful of amendments to Article XIV have been
passed to address public health, safety and welfare issues. These
amendments have normally been site specific and required land
exchanges whereby the State receives, for inclusion in the forest
preserve, land that is greater in value and acreage than the land that
is being taken out of the forest preserve:

In 2007, the voters approved an amendment allowing the Town of Long
Lake to acquire one acre of forest preserve land for the siting of
drinking water wells to provide potable water to the hamlet of
Raquette Lake in exchange for not less than 12 acres of land at least
equal in value to the acre conveyed to the Town. Raquette Lake had
been using unfiltered water from the local reservoir, built on Forest
Preserve land under Article XIV Section 2 of the Constitution, which
allows not more than three percent of Forest Preserve land to be used
for surface reservoirs for municipal water supply and canals.
However, the water failed drinking water standards and the State
Department of Health ordered the town to either filter the water or
find an alternative ground water supply. By 2005, the water supply
became a serious health and safety problem, elevating levels of
potential carcinogens and causing the Department of Health to warn
residents to boil their drinking water. The only feasible location for
a new water supply was wells on Forest Preserve land; the town could
not afford a filtration plant. Due to the severity of the water
problem, the wells were constructed on Forest Preserve land prior to
the adoption of an authorizing constitutional amendment.

In 2009, the voters approved an amendment authorizing a land exchange
between the State and National Grid, for the construction of a new 46
kV power line across six acres of Forest Preserve land adjoining State
Route 56 in St. Lawrence County. Due to chronic power outages in Lake
Placid, Saranac Lake and Tupper Lake, National Grid was under a
Federal Energy Regulatory Commission (FERC) order to provide a
redundant power line to service the communities. First legislative
passage of a joint resolution occurred, but after the legislature
adjourned it was discovered that the resolution contained a fatal flaw
and first passage would need to be secured in the next legislative
session. This delay in the amendment process meant that the amendment
could not be passed in time to meet a deadline set forth in the FERC
order. The power line was then constructed without constitutional
authorization, which was subsequently acquired.

It is unreasonable that these basic projects cannot move forward
without individual amendments to the state constitution. Similar
amendments authorizing the use of State land are not required anywhere
else in the state

The proposal should not, however, result in the widespread misuse of
state lands. All projects will need to be approved by DEC after public
review and comment, and any project can be denied by DEC if a feasible
alternative to the use of state land exist, environmental impacts
aren't minimized by the use of state land, or the state land has
critical environmental or recreational value.

The acreage contained in the land bank is also limited: 250 acres in
the Catskill region and 500 acres in the Adirondack region. No
individual project may use more than five acres of land. Without
specific authorizing legislation, no town could utilize in total more
than ten acres, and no county could utilize more than 15 acres.
Moreover, the proposal requires that the integrity of the forest
preserve be protected: project proponents would be required to pay the
State the appraised value of the state land to be utilized, which
payment would be deposited in the existing forest preserve expansion
fund. And the State will acquire land that will be classified as
wilderness - the most restrictive land classification - in advance of
allowing the land bank to be used, in addition to forest preserve
acquisition using the funds received for utilization of the land bank.

The amendment and this accompanying implementing legislation would
only serve to eliminate constitutional restrictions on the siting of
certain types of projects on State lands in Forest Preserve counties;
other applicable law is not being overridden. The State Environmental
Quality Review Act, the wetlands act, the rivers act, the Adirondack
Park Agency Act, the Clean Water Act, and all other laws which are not
inconsistent with the provisions of this constitutional amendment will
continue to apply to all projects.

 LEGISLATIVE HISTORY :

2015-16: 5.8027 Passed Senate
 FISCAL IMPLICATIONS :

This would result in increased funding to be available for the
acquisition of new lands for the Forest Preserve.

 EFFECTIVE DATE :
This act shall take effect on the same date and in the same manner as
a "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an
amendment to article 14 of the constitution, in relation to
establishing a forest preserve land bank for public projects" takes
effect, in accordance with section 1 of article 19 of the
constitution.

2017-S2608 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2608
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sen.  LITTLE -- 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 and the state finance
   law, in relation to the regional land banks for projects on state land
   in the forest preserve

   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 9-0309 to read as follows:
 § 9-0309. USE OF CERTAIN STATE LANDS IN  FOREST  PRESERVE  COUNTIES  FOR
             PUBLIC  UTILITIES  AND  REGIONAL  LAND BANKS FOR PROJECTS ON
             STATE LANDS.
   1. DEFINITIONS. FOR PURPOSES OF THIS SECTION:
   A.  "ENVIRONMENTAL   INFRASTRUCTURE"   MEANS   FIRE   HYDRANTS,   FIRE
 SUPPRESSION LINES AND STORMWATER MANAGEMENT STRUCTURES.
   B.  "HIGHWAY"  MEANS  A  TOWN HIGHWAY, AS DEFINED IN PARAGRAPH FIVE OF
 SECTION THREE OF THE HIGHWAY LAW, IN EXISTENCE  ON  JANUARY  FIRST,  TWO
 THOUSAND  FIFTEEN  AND  WHICH  IS  LISTED ON THE LOCAL HIGHWAY INVENTORY
 MAINTAINED BY THE DEPARTMENT OF TRANSPORTATION, OR A STATE  HIGHWAY,  AS
 DEFINED IN SUBDIVISIONS ONE, TWO AND THREE OF SECTION THREE OF THE HIGH-
 WAY  LAW,  OR  A  COUNTY ROAD, AS DEFINED IN SUBDIVISION FOUR OF SECTION
 THREE OF THE HIGHWAY LAW.
   C. "PROJECT SPONSOR" MEANS A TOWN, A COUNTY, A PUBLIC UTILITY COMPANY,
 A PUBLIC WATER SUPPLIER OR, FOR PURPOSES OF A BICYCLE PATH, THE  DEPART-
 MENT OF TRANSPORTATION.
   D.  "PUBLIC  UTILITY COMPANY" SHALL HAVE THE SAME MEANING AS SUCH TERM
 IS DEFINED IN SECTION TWO OF THE PUBLIC SERVICE LAW, AND FOR PURPOSES OF
 PUBLIC UTILITY LINE PROJECTS, AS DEFINED IN SUBPARAGRAPH FOUR  OF  PARA-
 GRAPH  E  OF  THIS SUBDIVISION, SHALL INCLUDE A PUBLIC WATER SUPPLIER, A
 TOWN OR A COUNTY.
   E. "PUBLIC UTILITY LINE" MEANS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00768-01-7

 S. 2608                             2
 
   (1) A LINE THAT CONVEYS, TRANSPORTS OR DISTRIBUTES STEAM OR  ELECTRIC-
 ITY FOR LIGHT, HEAT OR POWER;
   (2) A COMMUNICATION LINE, INCLUDING A TELEPHONE OR TELEGRAPH LINE;
   (3)  BROADBAND,  INCLUDING COAXIAL CABLE, OPTICAL CABLE, OPTICAL FIBER
 AND TWISTED PAIR; OR
   (4) A WATER LINE, SEWER LINE AND WATER SYSTEM FOR DOMESTIC, COMMERCIAL
 OR PUBLIC USES.
   PUBLIC UTILITY LINE SHALL INCLUDE ALL APPURTENANT FACILITIES,  INCLUD-
 ING POLES AND CONDUITS, NECESSARY TO SUPPORT SUCH LINE.
   F. "PUBLIC WATER SUPPLIER" MEANS A COUNTY OR TOWN IMPROVEMENT DISTRICT
 ESTABLISHED  TO PROVIDE PUBLIC WATER SUPPLY OR ANY PUBLIC BENEFIT CORPO-
 RATION OR PUBLIC AUTHORITY ESTABLISHED PURSUANT  TO  STATE  LAW  OR  ANY
 AGENCY  OF  THE  STATE  OR  THE  CITY  OF NEW YORK WHICH IS EMPOWERED TO
 CONSTRUCT AND OPERATE A MUNICIPAL WATER MANAGEMENT FACILITY, AS  DEFINED
 IN SECTION TWELVE HUNDRED EIGHTY-ONE OF THE PUBLIC AUTHORITIES LAW.
   G.  "STATE  LANDS"  MEANS  LANDS OWNED BY THE STATE IN FOREST PRESERVE
 COUNTIES THAT ARE UNDER THE JURISDICTION OF THE DEPARTMENT.
   H. "STORMWATER MANAGEMENT STRUCTURE" MEANS  DEVICES  WHICH  ARE  ENGI-
 NEERED  AND  CONSTRUCTED  TO PROVIDE STORAGE AND TREATMENT OF STORMWATER
 RUNOFF, INCLUDING PONDS, WETLANDS, OPEN CHANNELS, INFILTRATION PRACTICES
 AND FILTERING PRACTICES.
   I. "WATER SUPPLY PROJECTS" MEANS DRINKING WATER  WELLS  AND  NECESSARY
 APPURTENANCES THERETO.
   J.  "WIDTH OF A HIGHWAY" MEANS THE ENTIRE DRIVING SURFACE OF THE HIGH-
 WAY, PLUS THE WIDTH OF THE CLEARED, REGULARLY MAINTAINED  AREA  ADJACENT
 TO  THE  DRIVING  SURFACE,  OR THIRTY FEET FROM THE CENTER LINE OF A TWO
 LANE HIGHWAY OR THIRTY FEET FROM THE MIDDLE OF THE PASSING LANE  NEAREST
 THE  SHOULDER  OF  A FOUR LANE HIGHWAY, WHICHEVER IS LESS, EXCEPT FOR ON
 THE STATE HIGHWAY SYSTEM WHERE DETERMINED OTHERWISE BY THE DEPARTMENT OF
 TRANSPORTATION.
   2. A PUBLIC UTILITY LINE MAY BE BURIED OR CO-LOCATED BY A MUNICIPALITY
 OR A PUBLIC UTILITY COMPANY WITHIN THE WIDTH  OF  A  HIGHWAY  WHERE  THE
 HIGHWAY TRAVERSES STATE LANDS, SUBJECT TO THE APPROVAL BY THE DEPARTMENT
 IN  THE  FORM OF A CONSENT TO OCCUPY AND ANY REQUIRED AUTHORIZATION FROM
 THE DEPARTMENT OF TRANSPORTATION TO ENSURE  COMPLIANCE  WITH  STATE  AND
 FEDERAL LAW, RULES AND REGULATIONS. ESSENTIAL ABOVE GRADE INFRASTRUCTURE
 DIRECTLY  RELATED  TO AND NECESSARY FOR SUCH BURIED OR CO-LOCATED PUBLIC
 UTILITY LINES MAY BE LOCATED WITHIN THE WIDTH OF SUCH HIGHWAYS.
   A. PRIOR TO DEPARTMENT REVIEW AND APPROVAL,  A  PROPOSAL  TO  BURY  OR
 CO-LOCATE  A  NEW  UTILITY  LINE  PURSUANT  TO THIS SECTION MUST RECEIVE
 APPROVAL BY RESOLUTION OF THE TOWN BOARD OR BOARDS OF THE TOWN OR  TOWNS
 IN WHICH THE UTILITY LINE IS PROPOSED.
   B. IF THE PROPOSED UTILITY LINE WILL UTILIZE A TOWN OR COUNTY HIGHWAY,
 THE APPLICANT SHALL PROVIDE THE DEPARTMENT WITH A CERTIFICATION FROM THE
 TOWN OR COUNTY RESPECTIVELY THAT THE AREA WHERE THE UTILITY LINE WILL BE
 PLACED IS BENEATH THE DRIVING SURFACE OR IN THE CLEARED, REGULARLY MAIN-
 TAINED AREA ADJACENT TO THE DRIVING SURFACE.
   C.  NO  COMPENSATION SHALL BE REQUIRED TO BE PROVIDED TO THE STATE FOR
 APPROVAL TO BURY OR CO-LOCATE A UTILITY LINE IN THE WIDTH OF A  HIGHWAY,
 EXCEPT  AS MAY BE REQUIRED BY THE HIGHWAY LAW, THE TRANSPORTATION CORPO-
 RATIONS LAW, OR ANY OTHER STATE OR FEDERAL LAW, RULE OR REGULATION.
   D. THE UTILITY LINE OWNER SHALL SUBMIT AN APPLICATION FOR A CONSENT TO
 OCCUPY AND SURVEY MAP DELINEATING THE LAND TO BE  USED  FOR  THE  PUBLIC
 UTILITY PURPOSES, PREPARED TO STANDARDS OF THE DEPARTMENT.
   3. A BICYCLE PATH MAY BE CONSTRUCTED AND MAINTAINED BY A PROJECT SPON-
 SOR WITHIN THE WIDTH OF A HIGHWAY THAT TRAVERSES STATE LANDS, SUBJECT TO

 S. 2608                             3
 
 APPROVAL  BY  THE  DEPARTMENT IN THE FORM OF A CONSENT TO OCCUPY AND ANY
 REQUIRED AUTHORIZATION FROM THE DEPARTMENT OF TRANSPORTATION  TO  ENSURE
 COMPLIANCE  WITH  STATE  AND  FEDERAL  LAW,  RULES  AND REGULATIONS. THE
 PROJECT  PROPONENT  SHALL  SUBMIT A SURVEY MAP, PREPARED TO STANDARDS OF
 THE DEPARTMENT, OF THE LANDS WHERE THE BICYCLE PATH WILL BE CONSTRUCTED.
   4. A. THERE IS HEREBY CREATED AN ADIRONDACK REGIONAL LAND BANK  AND  A
 CATSKILL  REGIONAL LAND BANK. THE ADIRONDACK REGIONAL LAND BANK SHALL BE
 FIVE HUNDRED ACRES OF STATE LANDS WHICH SHALL BE AVAILABLE IN THE  COUN-
 TIES  OF  CLINTON,  ESSEX,  FRANKLIN, FULTON, HAMILTON, HERKIMER, LEWIS,
 ONEIDA, SARATOGA, SAINT LAWRENCE, WARREN AND  WASHINGTON.  THE  CATSKILL
 REGIONAL LAND BANK SHALL BE TWO HUNDRED FIFTY ACRES OF STATE LANDS WHICH
 SHALL  BE  AVAILABLE  IN  THE COUNTIES OF DELAWARE, GREENE, SULLIVAN AND
 ULSTER.
   B. SUBJECT TO REVIEW AND APPROVAL BY THE DEPARTMENT AND  ANY  REQUIRED
 AUTHORIZATION FROM THE DEPARTMENT OF TRANSPORTATION TO ENSURE COMPLIANCE
 WITH STATE AND FEDERAL LAW, RULES AND REGULATIONS, A PROJECT SPONSOR MAY
 APPLY TO USE AVAILABLE ACREAGE FROM A REGIONAL LAND BANK FOR THE FOLLOW-
 ING:
   (1)  ENVIRONMENTAL INFRASTRUCTURE LOCATED WITHIN ONE HUNDRED FEET OF A
 HIGHWAY;
   (2) TO RELOCATE, RECONSTRUCT AND MAINTAIN  EXISTING  TOWN  AND  COUNTY
 HIGHWAYS  FOR THE PURPOSE OF ELIMINATING THE HAZARDS OF DANGEROUS CURVES
 AND GRADES AND TO ADDRESS DRAINAGE PROBLEMS ON  SUCH  HIGHWAYS  PROVIDED
 THAT  NO  SINGLE  RELOCATED PORTION OF A HIGHWAY MAY BE LONGER THAN ONE-
 HALF MILE IN LENGTH ON STATE LANDS WITHOUT PRIOR APPROVAL BY THE  LEGIS-
 LATURE  AND PROVIDED FURTHER THAT NO SINGLE RELOCATED PORTION OF A HIGH-
 WAY MAY BE LONGER THAN ONE MILE IN LENGTH;
   (3) CONSTRUCTION,  RECONSTRUCTION,  RELOCATION  OR  IMPROVEMENT  OF  A
 BRIDGE, OR BRIDGE INFRASTRUCTURE;
   (4) THE CONSTRUCTION AND MAINTENANCE OF A BICYCLE PATH;
   (5)  INSTALLATION  OF  ANY PUBLIC UTILITY LINES AND ASSOCIATED INFRAS-
 TRUCTURE LOCATED WITHIN ONE HUNDRED FEET OF A HIGHWAY; AND
   (6) WATER SUPPLY PROJECTS LOCATED WITHIN FIVE HUNDRED FEET OF A  HIGH-
 WAY,  IF  IT IS NECESSARY TO COMPLY WITH A SPECIFIC DIRECTIVE TO ADDRESS
 PUBLIC HEALTH OR ENVIRONMENTAL IMPACTS.
   C. AN APPLICATION FOR A PROPOSAL SHALL INCLUDE A SURVEY MAP,  PREPARED
 TO  THE  STANDARDS  OF  THE DEPARTMENT, A NARRATIVE ABOUT THE PROJECT, A
 JUSTIFICATION, AND ESTIMATES OF NEEDED  ACREAGE.  THE  DEPARTMENT  SHALL
 HOLD  A  NON-ADJUDICATORY  PUBLIC  HEARING  ON THE PROJECT, AT WHICH THE
 PUBLIC SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD.  NOTICE  OF  ANY  SUCH
 HEARING  AND  PUBLIC  COMMENT  SHALL BE PROVIDED THIRTY CALENDAR DAYS IN
 ADVANCE AND SHALL BE PUBLISHED IN THE STATE REGISTER, THE  ENVIRONMENTAL
 NOTICE  BULLETIN  AND  IN  A NEWSPAPER HAVING GENERAL CIRCULATION IN THE
 COUNTY WHERE THE FOREST PRESERVE LANDS IN QUESTION ARE LOCATED.
   D. ACREAGE FROM A REGIONAL LAND BANK MAY BE  UTILIZED  FOR  A  PROJECT
 AUTHORIZED  BY THIS SUBDIVISION ONLY WHEN THE DEPARTMENT HAS DETERMINED:
 THERE IS NO FEASIBLE ALTERNATIVE ON LAND NOT OWNED  BY  THE  STATE;  THE
 PROJECT  WILL MINIMIZE ENVIRONMENTAL IMPACTS TO THE MAXIMUM EXTENT PRAC-
 TICABLE; AND THE PROPOSAL WILL NOT ADVERSELY IMPACT  LANDS  WITH  RECOG-
 NIZED CRITICAL ENVIRONMENTAL OR RECREATIONAL VALUE, AS DETERMINED BY THE
 DEPARTMENT BASED ON A RESOURCE INVENTORY AND ASSESSMENT.
   PROPOSALS  FOR USE OF LAND FROM A LAND BANK SHALL BE SUBJECT TO PUBLIC
 REVIEW AND COMMENT.
   E. NO INDIVIDUAL PROJECT SHALL BE PERMITTED TO UTILIZE MORE THAN  FIVE
 ACRES  FROM  A LAND BANK. NO MORE THAN TEN ACRES FROM A LAND BANK MAY BE
 UTILIZED BY ANY INDIVIDUAL TOWN WITHOUT PRIOR APPROVAL FROM THE LEGISLA-

 S. 2608                             4

 TURE. NO MORE THAN FIFTEEN ACRES FROM A LAND BANK MAY BE UTILIZED BY ANY
 INDIVIDUAL COUNTY WITHOUT PRIOR APPROVAL FROM THE LEGISLATURE.
   F.  THE DEPARTMENT SHALL CONDUCT APPRAISALS, CONSISTENT WITH STANDARDS
 DEVELOPED BY THE DEPARTMENT AND PAID FOR  BY  THE  PROJECT  SPONSOR,  TO
 DETERMINE  THE  FAIR MARKET VALUE OF THE STATE LAND WHICH IS PROPOSED TO
 BE USED.
   G. NO LAND FROM A LAND BANK SHALL BE ALLOCATED TO AN ELIGIBLE  PROJECT
 UNLESS  THE STATE RECEIVES A PAYMENT FROM THE PROJECT PROPONENT EQUAL TO
 THE VALUE OF THE STATE LAND TO  BE  UTILIZED,  OR,  FOR  PUBLIC  UTILITY
 PROJECTS,  IN  ACCORDANCE WITH METHODS DETERMINED BY THE DEPARTMENT. ANY
 FUNDS RECEIVED SHALL BE DEPOSITED IN THE FOREST PRESERVE EXPANSION FUND,
 ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-E OF THE STATE FINANCE LAW,
 AND ONLY BE USED TO ACQUIRE LANDS AS AN ADDITION TO THE FOREST PRESERVE.
 FUNDS RECEIVED FOR THE USE OF A REGIONAL LAND  BANK  SHALL  BE  USED  TO
 ACQUIRE LANDS WITHIN THE SAME REGION.
   H.  AFTER  A  HEARING AND OPPORTUNITY TO BE HEARD, IF THE COMMISSIONER
 DETERMINES THAT A PROJECT SPONSOR IS UTILIZING LAND FOR A PURPOSE  OTHER
 THAN  AS  AUTHORIZED  BY  THE  DEPARTMENT,  THE COMMISSIONER MAY REQUIRE
 REMOVAL OF ANY IMPROVEMENTS TO THE LAND AND RESTORATION OF THE LAND TO A
 NATURAL, VEGETATIVE STATE.
   6. THE DEPARTMENT SHALL PROVIDE AN OPPORTUNITY FOR PUBLIC  REVIEW  AND
 COMMENT  ON  ALL APPLICATIONS FOR PROJECTS PURSUANT TO SUBDIVISIONS TWO,
 THREE, FOUR AND FIVE OF THIS SECTION.
   7. STATE LANDS USED FOR PROJECTS AUTHORIZED BY PARAGRAPH B OF SUBDIVI-
 SION FIVE OF THIS SECTION SHALL BE CONVEYED, OR AN EASEMENT GRANTED  FOR
 PUBLIC  UTILITY PROJECTS, TO THE PROJECT SPONSOR WITH A DEED RESTRICTION
 SPECIFYING THAT THE LAND SHALL ONLY BE USED FOR THE  PURPOSE  AUTHORIZED
 BY  THE  DEPARTMENT  AND  SHALL  NOT  BE TRANSFERRED TO ANY ENTITY FOR A
 DIFFERENT PRIVATE OR COMMERCIAL PURPOSE. SUCH LANDS SHALL REVERT TO  THE
 STATE  WHEN  THEY  SHALL CEASE TO BE USED FOR THE PURPOSES AUTHORIZED BY
 THIS SECTION.
   8. PRIOR TO ALLOWING ANY PROJECT SPONSOR TO USE LAND FROM A LAND  BANK
 FOR  AN  ELIGIBLE  PROJECT,  AS  AUTHORIZED  BY SUBDIVISION FIVE OF THIS
 SECTION, THE STATE SHALL ACQUIRE NO LESS THAN SEVEN HUNDRED FIFTY ACRES,
 WHICH SHALL INCLUDE AT LEAST FIVE HUNDRED ACRES IN THE  ADIRONDACK  PARK
 AND  AT  LEAST TWO HUNDRED FIFTY ACRES IN THE CATSKILL PARK, WHICH SHALL
 BE ADDED TO THE FOREST PRESERVE AND SHALL BE CLASSIFIED AS WILDERNESS.
   9. THE PROVISIONS OF SUBDIVISIONS ONE AND FIVE OF  SECTION  9-0303  OF
 THIS  TITLE  SHALL  NOT  APPLY TO ACTIVITIES AUTHORIZED PURSUANT TO THIS
 SECTION.
   10. NOTHING IN THIS SECTION SHALL  AFFECT  THE  APPLICATION  OF  STATE
 ENVIRONMENTAL  QUALITY  REVIEW PURSUANT TO ARTICLE EIGHT OF THIS CHAPTER
 OR THE JURISDICTION OF THE ADIRONDACK PARK  AGENCY  IN  ACCORDANCE  WITH
 ARTICLE TWENTY-SEVEN OF THE EXECUTIVE LAW, PROVIDED THAT NO SUCH PROJECT
 SHALL BE SUBJECT TO THE ADIRONDACK PARK STATE LAND MASTER PLAN DEVELOPED
 PURSUANT  TO  SECTION  EIGHT HUNDRED SIXTEEN OF THE EXECUTIVE LAW OR THE
 CATSKILL PARK STATE LAND MASTER PLAN; PROVIDED, HOWEVER, THAT APPLICABLE
 PROVISIONS OF A STATE LAND MASTER PLAN SHALL APPLY TO THE REAL  PROPERTY
 INTERESTS RETAINED BY THE STATE IN ANY LAND SUBJECT TO AN EASEMENT FOR A
 UTILITY LINE PURSUANT TO THIS SECTION.
   11.  THE  DEPARTMENT  IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGU-
 LATIONS AS MAY BE NECESSARY TO IMPLEMENT AND ADMINISTER  THE  PROVISIONS
 OF THIS SECTION.
   12.  THE DEPARTMENT SHALL MAINTAIN AN INVENTORY OF ALL FEE AND CONSENT
 TO OCCUPY PARCEL ACREAGES AND SURVEY MAPS SUBJECT TO THIS SECTION.

 S. 2608                             5
 
   13. THE PROVISIONS OF THIS SECTION  SHALL  BE  SEVERABLE  AND  IF  ANY
 PORTION  THEREOF  OR  THE APPLICABILITY THEREOF TO ANY PERSON OR CIRCUM-
 STANCES SHALL BE HELD INVALID, THE  REMAINDER  OF  THIS  TITLE  AND  THE
 APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY.
   §  2. Section 97-e of the state finance law, as amended by chapter 637
 of the laws of 1960, is amended to read as follows:
   § 97-e. Forest preserve expansion fund. 1. There is hereby established
 in the state treasury a special fund, to be known as the forest preserve
 expansion fund, which shall consist of and into which shall be paid  all
 moneys  derived from the sale of certain forest preserve lands specified
 in section twenty-four of the public lands law, MONEYS  RECEIVED  FOR  A
 REGIONAL  LAND  BANK TRANSACTION PURSUANT TO SECTION 9-0309 OF THE ENVI-
 RONMENTAL CONSERVATION LAW and such other moneys as  may  be  paid  into
 said  fund  pursuant  to  law. The moneys in such fund shall be expended
 only for the acquisition of additional lands FOR THE PRACTICE OF  FOREST
 OR WILDLIFE CONSERVATION IN FOREST PRESERVE COUNTIES PURSUANT TO SECTION
 9-0309  OF  THE  ENVIRONMENTAL  CONSERVATION LAW for the forest preserve
 within either the Adirondack or Catskill park as now fixed by law.  Upon
 appropriation by the legislature, the [conservation] department OF ENVI-
 RONMENTAL  CONSERVATION  may  use such moneys or any portion thereof for
 the acquisition of such additional lands  subject  to  the  approval  of
 title thereto by the attorney general. All payments from such fund shall
 be  made  by  the  department of taxation and finance after audit by and
 upon warrant of the comptroller, on vouchers approved by the  [conserva-
 tion] commissioner OF ENVIRONMENTAL CONSERVATION.
   2.  The  [conservation]  commissioner OF ENVIRONMENTAL CONSERVATION is
 authorized to accept, in the name of the people  of  the  state  of  New
 York, any gift or bequest of moneys to be paid into such forest preserve
 expansion  fund and to be expended and disbursed as provided in subdivi-
 sion one of this section.
   § 3. This act shall take effect on the  same  date  and  in  the  same
 manner  as a "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 land bank for  public
 projects"  takes  effect,  in accordance with section 1 of article 19 of
 the constitution.

co-Sponsors

2017-S2608A - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §9-0309, En Con L; amd §97-e, St Fin L
Versions Introduced in 2015-2016 Legislative Session:: S8027

2017-S2608A - Summary

Enacts legislation to implement a constitutional amendment authorizing the placement of public utility line and bike paths in the forest preserve and establishing a health and safety land account.

2017-S2608A - Sponsor Memo

                                 BILL NUMBER:  S2608A

 TITLE OF BILL :  An act to amend the environmental conservation law
and the state finance law, in relation to the health and safety land
account for projects on state land in the forest preserve

 PURPOSE :

The purpose of this bill is to amend the Environmental Conservation
Law (ECL) to allow the use of state lands for public utilities and
bike paths and to establish regional land banks for local roads,
bridges, public water supplies and public utilities in the Adirondacks
and Catskills pursuant to an amendment to Article XIV of the
Constitution, and the State Finance Law in relation to the Forest
Preserve Expansion Fund.

 SUMMARY OF PROVISIONS :

Section 1 of this bill adds a new ECL § 9-0309, "Use of certain state
lands in forest preserve counties for public utilities and health and
safety land accounts for projects on state lands." This section would
allow utility lines to be buried or co-located within the maintained
width of highways that traverse state lands and allow construction of
bike paths in such areas.

This section would also establish a 250 acre health and safety land

account. The land account could be available to towns, counties,
public water supplies and public utilities for highway, bridge, bike
path, environmental infrastructure, water supply, and public utility
projects where no feasible alternative exists. An individual project
would be limited to no more than five acres. No more than ten acres in
total could be used by an individual town or fifteen acres by an
individual county, unless authorized by the legislature. Any project
sponsor that uses land from the land bank would be required to pay an
amount equal to the value of the state lands or easement into an
account for acquisitions to the forest preserve and funds collected
would be used to purchase land for addition to the forest preserve.
Any public utility or water supply project would have to be approved
by the town or towns where the project is proposed.

DEC would have to acquire 250 acres of land for addition to the forest
preserve which would be classified as wilderness prior to allowing the
use of the health and safety land account.

Section 2 of this bill amends State Finance Law § 97-e to allow for
moneys received for a health and safety land account transaction to be
deposited into the forest preserve expansion fund. This section also
clarifies that the moneys in the fund shall be used for the
acquisition of additional lands for the forest preserve as well as the
conservation of forest and wild life in forest preserve counties.

Section 3 of this bill provides that the act is effective upon passage
of a constitutional amendment authorizing the establishment of a
health and safety land account for projects on state land in the
forest preserve.

 JUSTIFICATION :

Article XIV of the State Constitution prevents state lands, including
forest preserve, reforestation areas, and wildlife management areas,
in Adirondack and Catskill counties from being leased, sold or
exchanged and prohibits them from being taken by any public or private
corporation. Thus, alienation of these lands requires a Constitutional
Amendment, passed by two successive, separately elected legislatures
and ratified by the electorate at a general election. This process is
intended to set a high standard for the alienation of state lands.
However, this process is overly cumbersome, time consuming and
expensive for small communities that need small amounts of state land
for water supply, road and utility projects critical to the public
health and safety.

The state's land acquisition program has caused the forest preserve to
nearly quadruple in size since 1895, when the forest preserve was
first given constitutional protection. In 1895, the preserve included
750,000 acres; now, the preserve includes nearly 3,000,000 acres. In
one Adirondack town, Arietta, the State owns 93 percent of the land,
while in Hamilton County the State owns more than 50 percent of the
land. The presence of state land has frustrated the siting of basic
public projects. Sometimes, due to land ownership patterns, the only
feasible alternative is to site a project on state land. The inability
to use State land can also result in the loss of funding for essential
projects.

For example, in 2008 the town of Elizabethtown received $6.4 million
in federal funding to install and upgrade much needed sewer lines.
However, the town discovered late in the process that the lines would
cross a small area of forest preserve land. The town did not have the
resources necessary to advance an amendment allowing the lines to
cross the preserve lands. Moreover, there was a three year limit on
federal grant funds for the project and, because first and second
passage of the joint resolution by the legislature requires passage in
two separate sessions of the legislature and then a vote of the
people, an individual, site-specific Constitutional Amendment could
not be secured before funding for the project expired. Therefore,
federal funding for the project was lost and the needed sewer line
project has yet to be completed.

A second example of where the anti-alienation provisions in Article
XIV have prevented an important public health and safety project from
moving forward is the relocation of the Middleton Bridge in the Town
of Horicon. The existing bridge crossing the Schroon River was closed
due to structural problems and a new replacement bridge is needed.
However, the new bridge needs to be located upstream from the existing
bridge because the road leading to the existing bridge is subject to
periodic flooding of the river. The best location for the new bridge
would cross the river where the state owns both river banks, and the
state land is subject to Article XIV' s anti-alienation provisions. As
a result, the bridge cannot be constructed without a constitutional
amendment. The Town of Horicon lacks the resources to secure first and
second legislative passage of an amendment and to produce the
educational materials necessary to inform the voters of the State as
to the need for the bridge.  Consequently, a replacement bridge has
not been built. Access to the residences on the east side of the river
is currently by a lengthy, indirect route, creating an unreasonable
emergency responder response time.

Since 1894, a small handful of amendments to Article XIV have been
passed to address public health, safety and welfare issues. These
amendments have normally been site specific and required land
exchanges whereby the State receives, for inclusion in the forest
preserve, land that is greater in value and acreage than the land that
is being taken out of the forest preserve:

In 2007, the voters approved an amendment allowing the Town of Long
Lake to acquire one acre of forest preserve land for the siting of
drinking water wells to provide potable water to the hamlet of
Raquette Lake in exchange for not less than 12 acres of land at least
equal in value to the acre conveyed to the Town. Raquette Lake had
been using unfiltered water from the local reservoir, built on Forest
Preserve land under Article XIV Section 2 of the Constitution, which
allows not more than three percent of Forest Preserve land to be used
for surface reservoirs for municipal water supply and canals.
However, the water failed drinking water standards and the State
Department of Health ordered the town to either filter the water or
find an alternative ground water supply. By 2005, the water supply
became a serious health and safety problem, elevating levels of
potential carcinogens and causing the Department of Health to warn
residents to boil their drinking water. The only feasible location for
a new water supply was wells on Forest Preserve land; the town could
not afford a filtration plant. Due to the severity of the water
problem, the wells were constructed on Forest Preserve land prior to
the adoption of an authorizing constitutional amendment.

In 2009, the voters approved an amendment authorizing a land exchange
between the State and National Grid, for the construction of a new 46
kV power line across six acres of Forest Preserve land adjoining State
Route 56 in St. Lawrence County. Due to chronic power outages in Lake
Placid, Saranac Lake and Tupper Lake, National Grid was under a
Federal Energy Regulatory Commission (FERC) order to provide a
redundant power line to service the communities. First legislative
passage of a joint resolution occurred, but after the legislature
adjourned it was discovered that the resolution contained a fatal flaw
and first passage would need to be secured in the next legislative
session. This delay in the amendment process meant that the amendment
could not be passed in time to meet a deadline set forth in the FERC
order. The power line was then constructed without constitutional
authorization, which was subsequently acquired.

It is unreasonable that these basic projects cannot move forward
without individual amendments to the state constitution. Similar
amendments authorizing the use of State land are not required anywhere
else in the state.

The proposal should not, however, result in the widespread misuse of
state lands. All projects will need to be approved by DEC after public
review and comment, and any project can be denied by DEC if a feasible
alternative to the use of state land exist, environmental impacts
aren't minimized by the use of state land, or the state land has
critical environmental or recreational value.

The acreage contained in the land bank is also limited: 250 acres in
the Catskill region and Adirondack region. No individual project may
use more than five acres of land. Without specific authorizing
legislation, no town could utilize in total more than ten acres, and
no county could utilize more than 15 acres. Moreover, the proposal
requires that the integrity of the forest preserve be protected:
project proponents would be required to pay the State the appraised
value of the state land to be utilized, which payment would be
deposited in the existing forest preserve expansion fund. And the
State will acquire land that will be classified as wilderness - the
most restrictive land classification - in advance of allowing the land
bank to be used, in addition to forest preserve acquisition using the
funds received for utilization of the land bank.

The amendment and this accompanying implementing legislation would
only serve to eliminate constitutional restrictions on the siting of
certain types of projects on State lands in Forest Preserve counties;
other applicable law is not being overridden. The State Environmental
Quality Review Act, the wetlands act, the rivers act, the Adirondack
Park Agency Act, the Clean Water Act, and all other laws which are not
inconsistent with the provisions of this constitutional amendment will
continue to apply to all projects.

 LEGISLATIVE HISTORY :

2015-16: S.8027 Passed Senate

 FISCAL IMPLICATIONS :
This would result in increased funding to be available for the
acquisition of new lands for the Forest Preserve.

 EFFECTIVE DATE :
This act shall take effect on the same date and in the same manner as
a "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an
amendment to article 14 of the constitution, in relation to
establishing a forest preserve health and safety land account for
public projects" takes effect, in accordance with section 1 of article
19 of the constitution.

2017-S2608A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2608--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN ACT to amend the environmental conservation law and the state finance
   law, in relation to the health and safety land account for projects on
   state land in the forest preserve
 
   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 9-0309 to read as follows:
 § 9-0309. USE  OF  CERTAIN  STATE  LANDS IN FOREST PRESERVE COUNTIES FOR
             PUBLIC UTILITIES AND HEALTH AND  SAFETY  LAND  ACCOUNTS  FOR
             PROJECTS ON STATE LANDS.
   1. DEFINITIONS. FOR PURPOSES OF THIS SECTION:
   A.   "ENVIRONMENTAL   INFRASTRUCTURE"   MEANS   FIRE   HYDRANTS,  FIRE
 SUPPRESSION LINES AND STORMWATER MANAGEMENT STRUCTURES.
   B. "HIGHWAY" MEANS A TOWN HIGHWAY, AS DEFINED  IN  PARAGRAPH  FIVE  OF
 SECTION  THREE  OF  THE  HIGHWAY LAW, IN EXISTENCE ON JANUARY FIRST, TWO
 THOUSAND FIFTEEN, WHICH IS LISTED ON THE LOCAL HIGHWAY  INVENTORY  MAIN-
 TAINED  BY  THE  DEPARTMENT  OF  TRANSPORTATION, AND ANNUALLY PLOWED AND
 REGULARLY MAINTAINED, OR A STATE HIGHWAY,  AS  DEFINED  IN  SUBDIVISIONS
 ONE,  TWO  AND  THREE  OF  SECTION THREE OF THE HIGHWAY LAW, OR A COUNTY
 ROAD, AS DEFINED IN SUBDIVISION FOUR OF SECTION  THREE  OF  THE  HIGHWAY
 LAW.
   C. "PROJECT SPONSOR" MEANS:
   (1)  FOR PURPOSES OF PROJECTS WITHIN THE WIDTH OF A HIGHWAY, A CITY, A
 VILLAGE, A TOWN, A COUNTY, A PUBLIC  UTILITY  COMPANY,  A  PUBLIC  WATER
 SUPPLIER OR, FOR PURPOSES OF A BICYCLE PATH, THE DEPARTMENT OF TRANSPOR-
 TATION; AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00768-02-7

 S. 2608--A                          2
 
   (2)  THE  PURPOSES  OF  PROJECTS  WITHIN  THE  HEALTH  AND SAFETY LAND
 ACCOUNT, A CITY, A VILLAGE, A TOWN OR A COUNTY.
   D.  "PUBLIC  UTILITY COMPANY" SHALL HAVE THE SAME MEANING AS SUCH TERM
 IS DEFINED IN SECTION TWO OF THE PUBLIC SERVICE LAW, AND FOR PURPOSES OF
 PUBLIC UTILITY LINE PROJECTS, AS DEFINED IN SUBPARAGRAPH FOUR  OF  PARA-
 GRAPH  E  OF  THIS SUBDIVISION, SHALL INCLUDE A PUBLIC WATER SUPPLIER, A
 TOWN OR A COUNTY.
   E. "PUBLIC UTILITY LINE" MEANS:
   (1) A LINE THAT CONVEYS, TRANSPORTS OR DISTRIBUTES STEAM OR  ELECTRIC-
 ITY FOR LIGHT, HEAT OR POWER;
   (2) A COMMUNICATION LINE, INCLUDING A TELEPHONE OR TELEGRAPH LINE;
   (3)  BROADBAND,  INCLUDING COAXIAL CABLE, OPTICAL CABLE, OPTICAL FIBER
 AND TWISTED PAIR; OR
   (4) A WATER LINE, SEWER LINE AND WATER SYSTEM FOR DOMESTIC, COMMERCIAL
 OR PUBLIC USES.
   PUBLIC UTILITY LINE SHALL INCLUDE ALL APPURTENANT FACILITIES,  INCLUD-
 ING POLES AND CONDUITS, NECESSARY TO SUPPORT SUCH LINE.
   F. "PUBLIC WATER SUPPLIER" MEANS A COUNTY OR TOWN IMPROVEMENT DISTRICT
 ESTABLISHED  TO PROVIDE PUBLIC WATER SUPPLY OR ANY PUBLIC BENEFIT CORPO-
 RATION OR PUBLIC AUTHORITY ESTABLISHED PURSUANT  TO  STATE  LAW  OR  ANY
 AGENCY  OF  THE  STATE  OR  THE  CITY  OF NEW YORK WHICH IS EMPOWERED TO
 CONSTRUCT AND OPERATE A MUNICIPAL WATER MANAGEMENT FACILITY, AS  DEFINED
 IN SECTION TWELVE HUNDRED EIGHTY-ONE OF THE PUBLIC AUTHORITIES LAW.
   G.  "STATE  LANDS"  MEANS  LANDS OWNED BY THE STATE IN FOREST PRESERVE
 COUNTIES THAT ARE UNDER THE JURISDICTION OF THE DEPARTMENT.
   H. "STORMWATER MANAGEMENT STRUCTURE" MEANS  DEVICES  WHICH  ARE  ENGI-
 NEERED  AND  CONSTRUCTED  TO PROVIDE STORAGE AND TREATMENT OF STORMWATER
 RUNOFF, INCLUDING PONDS, WETLANDS, OPEN CHANNELS, INFILTRATION PRACTICES
 AND FILTERING PRACTICES.
   I. "WATER SUPPLY PROJECTS" MEANS DRINKING WATER  WELLS  AND  NECESSARY
 APPURTENANCES THERETO.
   J.  "WIDTH OF A HIGHWAY" MEANS THE ENTIRE DRIVING SURFACE OF THE HIGH-
 WAY, PLUS THE WIDTH OF THE CLEARED, REGULARLY MAINTAINED  AREA  ADJACENT
 TO  THE  DRIVING  SURFACE,  OR THIRTY FEET FROM THE CENTER LINE OF A TWO
 LANE HIGHWAY OR THIRTY FEET FROM THE MIDDLE OF THE PASSING LANE  NEAREST
 THE  SHOULDER  OF  A FOUR LANE HIGHWAY, WHICHEVER IS LESS, EXCEPT FOR ON
 THE STATE HIGHWAY SYSTEM WHERE DETERMINED OTHERWISE BY THE DEPARTMENT OF
 TRANSPORTATION.
   2. A PUBLIC UTILITY LINE MAY BE BURIED OR CO-LOCATED BY A MUNICIPALITY
 OR A PUBLIC UTILITY COMPANY WITHIN THE WIDTH  OF  A  HIGHWAY  WHERE  THE
 HIGHWAY TRAVERSES STATE LANDS, SUBJECT TO THE APPROVAL BY THE DEPARTMENT
 IN  THE  FORM OF A CONSENT TO OCCUPY AND ANY REQUIRED AUTHORIZATION FROM
 THE DEPARTMENT OF TRANSPORTATION TO ENSURE  COMPLIANCE  WITH  STATE  AND
 FEDERAL LAW, RULES AND REGULATIONS. ESSENTIAL ABOVE GRADE INFRASTRUCTURE
 DIRECTLY  RELATED  TO AND NECESSARY FOR SUCH BURIED OR CO-LOCATED PUBLIC
 UTILITY LINES MAY BE LOCATED WITHIN THE WIDTH OF SUCH HIGHWAYS.
   A. PRIOR TO DEPARTMENT REVIEW AND APPROVAL,  A  PROPOSAL  TO  BURY  OR
 CO-LOCATE  A  NEW  UTILITY  LINE  PURSUANT  TO THIS SECTION MUST RECEIVE
 APPROVAL BY RESOLUTION OF THE TOWN BOARD OR BOARDS OF THE TOWN OR  TOWNS
 IN WHICH THE UTILITY LINE IS PROPOSED.
   B. IF THE PROPOSED UTILITY LINE WILL UTILIZE A TOWN OR COUNTY HIGHWAY,
 THE APPLICANT SHALL PROVIDE THE DEPARTMENT WITH A CERTIFICATION FROM THE
 TOWN OR COUNTY RESPECTIVELY THAT THE AREA WHERE THE UTILITY LINE WILL BE
 PLACED IS BENEATH THE DRIVING SURFACE OR IN THE CLEARED, REGULARLY MAIN-
 TAINED AREA ADJACENT TO THE DRIVING SURFACE.

 S. 2608--A                          3
 
   C.  NO  COMPENSATION SHALL BE REQUIRED TO BE PROVIDED TO THE STATE FOR
 APPROVAL TO BURY OR CO-LOCATE A UTILITY LINE IN THE WIDTH OF A  HIGHWAY,
 EXCEPT  AS MAY BE REQUIRED BY THE HIGHWAY LAW, THE TRANSPORTATION CORPO-
 RATIONS LAW, OR ANY OTHER STATE OR FEDERAL LAW, RULE OR REGULATION.
   D. THE UTILITY LINE OWNER SHALL SUBMIT AN APPLICATION FOR A CONSENT TO
 OCCUPY  AND  SURVEY  MAP  DELINEATING THE LAND TO BE USED FOR THE PUBLIC
 UTILITY PURPOSES, PREPARED TO STANDARDS OF THE DEPARTMENT.
   3. A BICYCLE PATH MAY BE CONSTRUCTED AND MAINTAINED BY A PROJECT SPON-
 SOR WITHIN THE WIDTH OF A HIGHWAY THAT TRAVERSES STATE LANDS, SUBJECT TO
 APPROVAL BY THE DEPARTMENT IN THE FORM OF A CONSENT TO  OCCUPY  AND  ANY
 REQUIRED  AUTHORIZATION  FROM THE DEPARTMENT OF TRANSPORTATION TO ENSURE
 COMPLIANCE WITH STATE  AND  FEDERAL  LAW,  RULES  AND  REGULATIONS.  THE
 PROJECT  PROPONENT  SHALL  SUBMIT A SURVEY MAP, PREPARED TO STANDARDS OF
 THE DEPARTMENT, OF THE LANDS WHERE THE BICYCLE PATH WILL BE CONSTRUCTED.
   4. A. THERE IS HEREBY CREATED A HEALTH AND SAFETY  LAND  ACCOUNT.  THE
 HEALTH AND SAFETY LAND ACCOUNT SHALL BE TWO HUNDRED FIFTY ACRES OF STATE
 LANDS WHICH SHALL BE AVAILABLE IN THE COUNTIES OF CLINTON, ESSEX, FRANK-
 LIN,   FULTON,   HAMILTON,  HERKIMER,  LEWIS,  ONEIDA,  SARATOGA,  SAINT
 LAWRENCE, WARREN AND WASHINGTON.
   B. SUBJECT TO REVIEW AND APPROVAL BY THE DEPARTMENT AND  ANY  REQUIRED
 AUTHORIZATION FROM THE DEPARTMENT OF TRANSPORTATION TO ENSURE COMPLIANCE
 WITH STATE AND FEDERAL LAW, RULES AND REGULATIONS, A PROJECT SPONSOR MAY
 APPLY  TO  USE AVAILABLE ACREAGE FROM THE HEALTH AND SAFETY LAND ACCOUNT
 FOR THE FOLLOWING:
   (1) TO RELOCATE, RECONSTRUCT AND MAINTAIN  EXISTING  TOWN  AND  COUNTY
 HIGHWAYS  FOR THE PURPOSE OF ELIMINATING THE HAZARDS OF DANGEROUS CURVES
 AND GRADES AND TO ADDRESS DRAINAGE PROBLEMS ON  SUCH  HIGHWAYS  PROVIDED
 THAT  NO  SINGLE  RELOCATED PORTION OF A HIGHWAY MAY BE LONGER THAN ONE-
 HALF MILE IN LENGTH ON STATE LANDS WITHOUT PRIOR APPROVAL BY THE  LEGIS-
 LATURE  AND PROVIDED FURTHER THAT NO SINGLE RELOCATED PORTION OF A HIGH-
 WAY MAY BE LONGER THAN ONE MILE IN LENGTH;
   (2) CONSTRUCTION,  RECONSTRUCTION,  RELOCATION  OR  IMPROVEMENT  OF  A
 BRIDGE,  OR BRIDGE INFRASTRUCTURE TO IMPROVE BRIDGE SAFETY AND ELIMINATE
 BRIDGE HAZARDS;
   (3) TO INSTALL STABILIZATION DEVICES ON EXISTING PUBLIC UTILITY  POLES
 LOCATED WITHIN PROXIMITY TO THE WIDTH OF A HIGHWAY; AND
   (4) WATER SUPPLY PROJECTS LOCATED WITHIN FIVE HUNDRED THIRTY FEET OF A
 HIGHWAY, IF IT IS NECESSARY TO MEET DRINKING WATER QUALITY STANDARDS.
   ALL SUCH PROJECTS SHALL MINIMIZE THE REMOVAL OF TREES OR VEGETATION.
   C.  AN APPLICATION FOR A PROPOSAL SHALL INCLUDE A SURVEY MAP, PREPARED
 TO THE STANDARDS OF THE DEPARTMENT, A NARRATIVE  ABOUT  THE  PROJECT,  A
 JUSTIFICATION,  AND  ESTIMATES  OF  NEEDED ACREAGE. THE DEPARTMENT SHALL
 HOLD A NON-ADJUDICATORY PUBLIC HEARING ON  THE  PROJECT,  AT  WHICH  THE
 PUBLIC  SHALL  BE  GIVEN  AN OPPORTUNITY TO BE HEARD. NOTICE OF ANY SUCH
 HEARING AND PUBLIC COMMENT SHALL BE PROVIDED  THIRTY  CALENDAR  DAYS  IN
 ADVANCE  AND SHALL BE PUBLISHED IN THE STATE REGISTER, THE ENVIRONMENTAL
 NOTICE BULLETIN AND IN A NEWSPAPER HAVING  GENERAL  CIRCULATION  IN  THE
 COUNTY WHERE THE FOREST PRESERVE LANDS IN QUESTION ARE LOCATED.
   D. ACREAGE FROM THE HEALTH AND SAFETY LAND ACCOUNT MAY BE UTILIZED FOR
 A  PROJECT  AUTHORIZED  BY THIS SUBDIVISION ONLY WHEN THE DEPARTMENT HAS
 DETERMINED: THERE IS NO VIABLE ALTERNATIVE ON  LAND  NOT  OWNED  BY  THE
 STATE;  THE  PROJECT  WILL MINIMIZE ENVIRONMENTAL IMPACTS TO THE MAXIMUM
 EXTENT PRACTICABLE; AND THE PROPOSAL WILL  NOT  ADVERSELY  IMPACT  LANDS
 WITH  RECOGNIZED CRITICAL ENVIRONMENTAL OR RECREATIONAL VALUE, AS DETER-
 MINED BY THE DEPARTMENT BASED ON A RESOURCE INVENTORY AND ASSESSMENT.

 S. 2608--A                          4
 
   PROPOSALS FOR USE OF LAND FROM THE  HEALTH  AND  SAFETY  LAND  ACCOUNT
 SHALL BE SUBJECT TO PUBLIC REVIEW AND COMMENT.
   E.  NO INDIVIDUAL PROJECT SHALL BE PERMITTED TO UTILIZE MORE THAN FIVE
 ACRES FROM THE HEALTH AND SAFETY LAND ACCOUNT. NO MORE  THAN  TEN  ACRES
 FROM  THE HEALTH AND SAFETY LAND ACCOUNT MAY BE UTILIZED BY ANY INDIVID-
 UAL TOWN WITHOUT PRIOR APPROVAL  FROM  THE  LEGISLATURE.  NO  MORE  THAN
 FIFTEEN ACRES FROM THE HEALTH AND SAFETY LAND ACCOUNT MAY BE UTILIZED BY
 ANY INDIVIDUAL COUNTY WITHOUT PRIOR APPROVAL FROM THE LEGISLATURE.
   F.  THE DEPARTMENT SHALL CONDUCT APPRAISALS, CONSISTENT WITH STANDARDS
 DEVELOPED BY THE DEPARTMENT AND PAID FOR  BY  THE  PROJECT  SPONSOR,  TO
 DETERMINE  THE  FAIR MARKET VALUE OF THE STATE LAND WHICH IS PROPOSED TO
 BE USED.
   G. NO LAND FROM THE HEALTH AND SAFETY LAND ACCOUNT SHALL BE  ALLOCATED
 TO  AN  ELIGIBLE  PROJECT  UNLESS  THE STATE RECEIVES A PAYMENT FROM THE
 PROJECT PROPONENT GREATER THAN  THE  VALUE  OF  THE  STATE  LAND  TO  BE
 UTILIZED,  OR,  FOR  PUBLIC UTILITY PROJECTS, IN ACCORDANCE WITH METHODS
 DETERMINED BY THE DEPARTMENT. ANY FUNDS RECEIVED SHALL BE  DEPOSITED  IN
 THE  FOREST  PRESERVE  EXPANSION  FUND,  ESTABLISHED PURSUANT TO SECTION
 NINETY-SEVEN-E OF THE STATE FINANCE LAW, AND ONLY  BE  USED  TO  ACQUIRE
 LANDS  AS AN ADDITION TO THE FOREST PRESERVE. FUNDS RECEIVED FOR THE USE
 OF THE HEALTH AND SAFETY LAND ACCOUNT SHALL BE  USED  TO  ACQUIRE  LANDS
 WITHIN THE SAME REGION.
   H.  AFTER  A  HEARING AND OPPORTUNITY TO BE HEARD, IF THE COMMISSIONER
 DETERMINES THAT A PROJECT SPONSOR IS UTILIZING LAND FOR A PURPOSE  OTHER
 THAN  AS  AUTHORIZED  BY  THE  DEPARTMENT,  THE COMMISSIONER MAY REQUIRE
 REMOVAL OF ANY IMPROVEMENTS TO THE LAND AND RESTORATION OF THE LAND TO A
 NATURAL, VEGETATIVE STATE.
   5. THE DEPARTMENT SHALL PROVIDE AN OPPORTUNITY FOR PUBLIC  REVIEW  AND
 COMMENT  ON  ALL APPLICATIONS FOR PROJECTS PURSUANT TO SUBDIVISIONS TWO,
 THREE AND FOUR OF THIS SECTION.
   6. STATE LANDS USED FOR PROJECTS AUTHORIZED BY PARAGRAPH B OF SUBDIVI-
 SION FOUR OF THIS SECTION SHALL BE CONVEYED, OR AN EASEMENT GRANTED  FOR
 PUBLIC  UTILITY PROJECTS, TO THE PROJECT SPONSOR WITH A DEED RESTRICTION
 SPECIFYING THAT THE LAND SHALL ONLY BE USED FOR THE  PURPOSE  AUTHORIZED
 BY  THE  DEPARTMENT  AND  SHALL  NOT  BE TRANSFERRED TO ANY ENTITY FOR A
 DIFFERENT PRIVATE OR COMMERCIAL PURPOSE. SUCH LANDS SHALL REVERT TO  THE
 STATE  WHEN  THEY  SHALL CEASE TO BE USED FOR THE PURPOSES AUTHORIZED BY
 THIS SECTION.
   7. PRIOR TO ALLOWING ANY PROJECT SPONSOR TO USE LAND FROM  THE  HEALTH
 AND SAFETY LAND ACCOUNT FOR AN ELIGIBLE PROJECT, AS AUTHORIZED BY SUBDI-
 VISION  FOUR  OF  THIS SECTION, THE STATE SHALL ACQUIRE NO LESS THAN TWO
 HUNDRED FIFTY ACRES, WHICH SHALL BE ADDED TO  THE  FOREST  PRESERVE  AND
 SHALL BE CLASSIFIED AS WILDERNESS.
   8.  THE  PROVISIONS  OF SUBDIVISIONS ONE AND FIVE OF SECTION 9-0303 OF
 THIS TITLE SHALL NOT APPLY TO ACTIVITIES  AUTHORIZED  PURSUANT  TO  THIS
 SECTION.
   9. NOTHING IN THIS SECTION SHALL AFFECT THE APPLICATION OF STATE ENVI-
 RONMENTAL  QUALITY  REVIEW  PURSUANT TO ARTICLE EIGHT OF THIS CHAPTER OR
 THE JURISDICTION OF THE ADIRONDACK PARK AGENCY IN ACCORDANCE WITH  ARTI-
 CLE  TWENTY-SEVEN  OF  THE  EXECUTIVE LAW, PROVIDED THAT NO SUCH PROJECT
 SHALL BE SUBJECT TO THE ADIRONDACK PARK STATE LAND MASTER PLAN DEVELOPED
 PURSUANT  TO  SECTION  EIGHT  HUNDRED  SIXTEEN  OF  THE  EXECUTIVE  LAW;
 PROVIDED,  HOWEVER,  THAT  APPLICABLE  PROVISIONS OF A STATE LAND MASTER
 PLAN SHALL APPLY TO THE REAL PROPERTY INTERESTS RETAINED BY THE STATE IN
 ANY LAND SUBJECT TO AN EASEMENT FOR A  UTILITY  LINE  PURSUANT  TO  THIS
 SECTION.

 S. 2608--A                          5
 
   10.  THE  DEPARTMENT  IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGU-
 LATIONS AS MAY BE NECESSARY TO IMPLEMENT AND ADMINISTER  THE  PROVISIONS
 OF THIS SECTION.
   11.  THE DEPARTMENT SHALL MAINTAIN AN INVENTORY OF ALL FEE AND CONSENT
 TO OCCUPY PARCEL ACREAGES AND SURVEY MAPS SUBJECT TO THIS SECTION.
   12. THE PROVISIONS OF THIS SECTION  SHALL  BE  SEVERABLE  AND  IF  ANY
 PORTION  THEREOF  OR  THE APPLICABILITY THEREOF TO ANY PERSON OR CIRCUM-
 STANCES SHALL BE HELD INVALID, THE  REMAINDER  OF  THIS  TITLE  AND  THE
 APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY.
   §  2. Section 97-e of the state finance law, as amended by chapter 637
 of the laws of 1960, is amended to read as follows:
   § 97-e. Forest preserve expansion fund. 1. There is hereby established
 in the state treasury a special fund, to be known as the forest preserve
 expansion fund, which shall consist of and into which shall be paid  all
 moneys  derived from the sale of certain forest preserve lands specified
 in section twenty-four of the public lands law, MONEYS  RECEIVED  FOR  A
 HEALTH AND SAFETY LAND ACCOUNT TRANSACTION PURSUANT TO SECTION 9-0309 OF
 THE  ENVIRONMENTAL CONSERVATION LAW and such other moneys as may be paid
 into said fund pursuant to  law.  The  moneys  in  such  fund  shall  be
 expended  only  for the acquisition of additional lands FOR THE PRACTICE
 OF FOREST OR WILDLIFE CONSERVATION IN FOREST PRESERVE COUNTIES  PURSUANT
 TO  SECTION  9-0309 OF THE ENVIRONMENTAL CONSERVATION LAW for the forest
 preserve within either the Adirondack or Catskill park as now  fixed  by
 law.  Upon  appropriation by the legislature, the [conservation] depart-
 ment OF ENVIRONMENTAL CONSERVATION may use such moneys  or  any  portion
 thereof  for  the  acquisition  of  such additional lands subject to the
 approval of title thereto by the attorney  general.  All  payments  from
 such  fund shall be made by the department of taxation and finance after
 audit by and upon warrant of the comptroller, on  vouchers  approved  by
 the [conservation] commissioner OF ENVIRONMENTAL CONSERVATION.
   2.  The  [conservation]  commissioner OF ENVIRONMENTAL CONSERVATION is
 authorized to accept, in the name of the people  of  the  state  of  New
 York, any gift or bequest of moneys to be paid into such forest preserve
 expansion  fund and to be expended and disbursed as provided in subdivi-
 sion one of this section.
   § 3. This act shall take effect on the  same  date  and  in  the  same
 manner  as a "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"  takes effect, in accordance with section 1 of article 19
 of the constitution.

co-Sponsors

2017-S2608B (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §9-0309, En Con L; amd §97-e, St Fin L
Versions Introduced in 2015-2016 Legislative Session:: S8027

2017-S2608B (ACTIVE) - Summary

Enacts legislation to implement a constitutional amendment authorizing the placement of public utility line and bike paths in the forest preserve and establishing a health and safety land account.

2017-S2608B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2608B

 TITLE OF BILL :  An act to amend the environmental conservation law
and the state finance law, in relation to the health and safety land
account for projects on state land in the forest preserve

 PURPOSE :

The purpose of this bill is to amend the Environmental Conservation
Law (ECL) to allow the use of state lands for public utilities and
bike paths and to establish regional land banks for local roads,
bridges, public water supplies and public utilities in the Adirondacks
and Catskills pursuant to an amendment to Article XIV of the
Constitution, and the State Finance Law in relation to the Forest
Preserve Expansion Fund.

 SUMMARY OF PROVISIONS :

Section 1 of this bill adds a new ECL § 9-0309, "Use of certain state
lands in forest preserve counties for public utilities and health and
safety land accounts for projects on state lands." This section would
allow utility lines to be buried or co-located within the maintained
width of highways that traverse state lands and allow construction of
bike paths in such areas.

This section would also establish a 250 acre health and safety land

account. The land account could be available to towns, counties,
public water supplies and public utilities for highway, bridge, bike
path, environmental infrastructure, water supply, and public utility
projects where no feasible alternative exists. An individual project
would be limited to no more than five acres. No more than ten acres in
total could be used by an individual town or fifteen acres by an
individual county, unless authorized by the legislature. Any project
sponsor that uses land from the land bank would be required to pay an
amount equal to the value of the state lands or easement into an
account for acquisitions to the forest preserve and funds collected
would be used to purchase land for addition to the forest preserve.
Any public utility or water supply project would have to be approved
by the town or towns where the project is proposed.

Projects utilizing acreage from the Health and Safety Land Account
shall require legislative approval if greater than 43,560 square feet.
Projects greater than 43,560 square feet that are deemed in writing by
the Governor to be emergency in nature to health and public safety
does not require any legislative approval.

DEC would have to acquire 250 acres of land for addition to the forest
preserve which would be classified as wilderness prior to allowing the
use of the health and safety land account.

Section 2 of this bill amends State Finance Law § 97-e to allow for
moneys received for a health and safety land account transaction to be
deposited into the forest preserve expansion fund. This section also
clarifies that the moneys in the fund shall be used for the
acquisition of additional lands for the forest preserve as well as the
conservation of forest and wild life in forest preserve counties.

Section 3 of this bill provides that the act is effective upon passage
of a constitutional amendment authorizing the establishment of a
health and safety land account for projects on state land in the
forest preserve.

 JUSTIFICATION :

Article XIV of the State Constitution prevents state lands, including
forest preserve, reforestation areas, and wildlife management areas,
in Adirondack and Catskill counties from being leased, sold or
exchanged and prohibits them from being taken by any public or private
corporation. Thus, alienation of these lands requires a Constitutional
Amendment, passed by two successive, separately elected legislatures
and ratified by the electorate at a general election. This process is
intended to set a high standard for the alienation of state lands.
However, this process is overly cumbersome, time consuming and
expensive for small communities that need small amounts of state land
for water supply, road and utility projects critical to the public
health and safety.

The state's land acquisition program has caused the forest preserve to
nearly quadruple in size since 1895, when the forest preserve was
first given constitutional protection. In 1895, the preserve included
750,000 acres; now, the preserve includes nearly 3,000,000 acres. In
one Adirondack town, Arietta, the State owns 93 percent of the land,
while in Hamilton County the State owns more than 50 percent of the
land. The presence of state land has frustrated the siting of basic
public projects. Sometimes, due to land ownership patterns, the only
feasible alternative is to site a project on state land. The inability
to use State land can also result in the loss of funding for essential
projects.

For example, in 2008 the town of Elizabethtown received $6.4 million
in federal funding to install and upgrade much needed sewer lines.
However, the town discovered late in the process that the lines would
cross a small area of forest preserve land. The town did not have the
resources necessary to advance an amendment allowing the lines to
cross the preserve lands. Moreover, there was a three year limit on
federal grant funds for the project and, because first and second
passage of the joint resolution by the legislature requires passage in
two separate sessions of the legislature and then a vote of the
people, an individual, site-specific Constitutional Amendment could
not be secured before funding for the project expired. Therefore,
federal funding for the project was lost and the needed sewer line
project has yet to be completed.

A second example of where the anti-alienation provisions in Article
XIV have prevented an important public health and safety project from
moving forward is the relocation of the Middleton Bridge in the Town
of Horicon. The existing bridge crossing the Schroon River was closed
due to structural problems and a new replacement bridge is needed.
However, the new bridge needs to be located upstream from the existing
bridge because the road leading to the existing bridge is subject to
periodic flooding of the river. The best location for the new bridge
would cross the river where the state owns both river banks, and the
state land is subject to Article XIV' s anti-alienation provisions. As
a result, the bridge cannot be constructed without a constitutional
amendment. The Town of Horicon lacks the resources to secure first and
second legislative passage of an amendment and to produce the
educational materials necessary to inform the voters of the State as
to the need for the bridge.  Consequently, a replacement bridge has
not been built. Access to the residences on the east side of the river
is currently by a lengthy, indirect route, creating an unreasonable
emergency responder response time.

Since 1894, a small handful of amendments to Article XIV have been
passed to address public health, safety and welfare issues. These
amendments have normally been site specific and required land
exchanges whereby the State receives, for inclusion in the forest
preserve, land that is greater in value and acreage than the land that
is being taken out of the forest preserve:

In 2007, the voters approved an amendment allowing the Town of Long
Lake to acquire one acre of forest preserve land for the siting of
drinking water wells to provide potable water to the hamlet of
Raquette Lake in exchange for not less than 12 acres of land at least
equal in value to the acre conveyed to the Town. Raquette Lake had
been using unfiltered water from the local reservoir, built on Forest
Preserve land under Article XIV Section 2 of the Constitution, which
allows not more than three percent of Forest Preserve land to be used
for surface reservoirs for municipal water supply and canals.
However, the water failed drinking water standards and the State
Department of Health ordered the town to either filter the water or
find an alternative ground water supply. By 2005, the water supply
became a serious health and safety problem, elevating levels of
potential carcinogens and causing the Department of Health to warn
residents to boil their drinking water. The only feasible location for
a new water supply was wells on Forest Preserve land; the town could
not afford a filtration plant. Due to the severity of the water
problem, the wells were constructed on Forest Preserve land prior to
the adoption of an authorizing constitutional amendment.

In 2009, the voters approved an amendment authorizing a land exchange
between the State and National Grid, for the construction of a new 46
kV power line across six acres of Forest Preserve land adjoining State
Route 56 in St. Lawrence County. Due to chronic power outages in Lake
Placid, Saranac Lake and Tupper Lake, National Grid was under a
Federal Energy Regulatory Commission (FERC) order to provide a
redundant power line to service the communities. First legislative
passage of a joint resolution occurred, but after the legislature
adjourned it was discovered that the resolution contained a fatal flaw
and first passage would need to be secured in the next legislative
session. This delay in the amendment process meant that the amendment
could not be passed in time to meet a deadline set forth in the FERC
order. The power line was then constructed without constitutional
authorization, which was subsequently acquired.

It is unreasonable that these basic projects cannot move forward
without individual amendments to the state constitution. Similar
amendments authorizing the use of State land are not required anywhere
else in the state.

The proposal should not, however, result in the widespread misuse of
state lands. All projects will need to be approved by DEC after public
review and comment, and any project can be denied by DEC if a feasible
alternative to the use of state land exist, environmental impacts
aren't minimized by the use of state land, or the state land has
critical environmental or recreational value.

The acreage contained in the land bank is also limited: 250 acres in
the Catskill region and Adirondack region. No individual project may
use more than five acres of land. Without specific authorizing
legislation, no town could utilize in total more than ten acres, and
no county could utilize more than 15 acres. Moreover, the proposal
requires that the integrity of the forest preserve be protected:
project proponents would be required to pay the State the appraised
value of the state land to be utilized, which payment would be
deposited in the existing forest preserve expansion fund. And the
State will acquire land that will be classified as wilderness - the
most restrictive land classification - in advance of allowing the land
bank to be used, in addition to forest preserve acquisition using the
funds received for utilization of the land bank.

The amendment and this accompanying implementing legislation would
only serve to eliminate constitutional restrictions on the siting of
certain types of projects on State lands in Forest Preserve counties;
other applicable law is not being overridden. The State Environmental
Quality Review Act, the wetlands act, the rivers act, the Adirondack
Park Agency Act, the Clean Water Act, and all other laws which are not
inconsistent with the provisions of this constitutional amendment will
continue to apply to all projects.
 LEGISLATIVE HISTORY :

2015-16: S.8027 Passed Senate

 FISCAL IMPLICATIONS :

This would result in increased funding to be available for the
acquisition of new lands for the Forest Preserve.

 EFFECTIVE DATE :
This act shall take effect on the same date and in the same manner as
a "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an
amendment to article 14 of the constitution, in relation to
establishing a forest preserve health and safety land account for
public projects" takes effect, in accordance with section 1 of article
19 of the constitution.

2017-S2608B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2608--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sens. LITTLE, AMEDORE, LATIMER -- read twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental Conservation -- committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the environmental conservation law and the state finance
   law, in relation to the health and safety land account for projects on
   state land in the forest preserve
 
   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 9-0309 to read as follows:
 § 9-0309. USE OF CERTAIN STATE LANDS IN  FOREST  PRESERVE  COUNTIES  FOR
             PUBLIC  UTILITIES  AND  HEALTH  AND SAFETY LAND ACCOUNTS FOR
             PROJECTS ON STATE LANDS.
   1. DEFINITIONS. FOR PURPOSES OF THIS SECTION:
   A. "HIGHWAY" MEANS A TOWN HIGHWAY, AS DEFINED  IN  PARAGRAPH  FIVE  OF
 SECTION  THREE  OF  THE  HIGHWAY LAW, IN EXISTENCE ON JANUARY FIRST, TWO
 THOUSAND FIFTEEN, WHICH IS LISTED ON THE LOCAL HIGHWAY  INVENTORY  MAIN-
 TAINED  BY  THE  DEPARTMENT  OF  TRANSPORTATION, AND ANNUALLY PLOWED AND
 REGULARLY MAINTAINED, OR A STATE HIGHWAY,  AS  DEFINED  IN  SUBDIVISIONS
 ONE,  TWO  AND  THREE  OF  SECTION THREE OF THE HIGHWAY LAW, OR A COUNTY
 ROAD, AS DEFINED IN SUBDIVISION FOUR OF SECTION  THREE  OF  THE  HIGHWAY
 LAW.
   B. "PROJECT SPONSOR" MEANS:
   (1) FOR PURPOSES OF PROJECTS WITHIN THE WIDTH OF A HIGHWAY, A VILLAGE,
 A  TOWN, A COUNTY, A PUBLIC UTILITY COMPANY, A PUBLIC WATER SUPPLIER OR,
 FOR PURPOSES OF A BICYCLE PATH, THE DEPARTMENT OF TRANSPORTATION; AND
   (2) THE PURPOSES  OF  PROJECTS  WITHIN  THE  HEALTH  AND  SAFETY  LAND
 ACCOUNT, A PUBLIC WATER SUPPLIER, A VILLAGE, A TOWN OR A COUNTY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00768-07-7

 S. 2608--B                          2
 
   C.  "PUBLIC  UTILITY COMPANY" SHALL HAVE THE SAME MEANING AS SUCH TERM
 IS DEFINED IN SECTION TWO OF THE PUBLIC SERVICE LAW, AND FOR PURPOSES OF
 PUBLIC UTILITY LINE PROJECTS, AS DEFINED IN SUBPARAGRAPH FOUR  OF  PARA-
 GRAPH  D  OF  THIS SUBDIVISION, SHALL INCLUDE A PUBLIC WATER SUPPLIER, A
 TOWN OR A COUNTY.
   D. "PUBLIC UTILITY LINE" MEANS:
   (1) A LINE THAT CONVEYS, TRANSPORTS OR DISTRIBUTES STEAM OR HOT WATER,
 OR ELECTRICITY FOR LIGHT, HEAT OR POWER;
   (2) A COMMUNICATION LINE, INCLUDING A TELEPHONE OR TELEGRAPH LINE;
   (3)  BROADBAND,  INCLUDING COAXIAL CABLE, OPTICAL CABLE, OPTICAL FIBER
 AND TWISTED PAIR; OR
   (4) A WATER LINE, SEWER LINE AND WATER SYSTEM FOR DOMESTIC, COMMERCIAL
 OR PUBLIC USES.
   PUBLIC UTILITY LINE SHALL INCLUDE ALL APPURTENANT FACILITIES,  INCLUD-
 ING POLES AND CONDUITS, NECESSARY TO SUPPORT SUCH LINE.
   E. "PUBLIC WATER SUPPLIER" MEANS A COUNTY OR TOWN IMPROVEMENT DISTRICT
 ESTABLISHED  TO PROVIDE PUBLIC WATER SUPPLY, VILLAGE OR ANY PUBLIC BENE-
 FIT CORPORATION OR PUBLIC AUTHORITY ESTABLISHED PURSUANT TO STATE LAW OR
 ANY AGENCY OF THE STATE OR THE CITY OF NEW YORK WHICH  IS  EMPOWERED  TO
 CONSTRUCT  AND OPERATE A MUNICIPAL WATER MANAGEMENT FACILITY, AS DEFINED
 IN SECTION TWELVE HUNDRED EIGHTY-ONE OF THE PUBLIC AUTHORITIES LAW.
   F. "STATE LANDS" MEANS LANDS OWNED BY THE  STATE  IN  FOREST  PRESERVE
 COUNTIES THAT ARE UNDER THE JURISDICTION OF THE DEPARTMENT.
   G.  "WATER  SUPPLY  PROJECTS" MEANS DRINKING WATER WELLS AND NECESSARY
 APPURTENANCES THERETO.
   H. "WIDTH OF A HIGHWAY" MEANS HIGHWAY AS DEFINED IN  SUBDIVISION  FOUR
 OF  SECTION TWO OF THE HIGHWAY LAW, AND SHALL INCLUDE THE ENTIRE DRIVING
 SURFACE OF THE HIGHWAY, PLUS THE WIDTH OF THE CLEARED,  REGULARLY  MAIN-
 TAINED AREA ADJACENT TO THE DRIVING SURFACE.
   2.  A  PUBLIC  UTILITY  LINE  MAY BE BURIED OR CO-LOCATED BY A PROJECT
 SPONSOR WITHIN THE WIDTH OF A HIGHWAY WHERE THE HIGHWAY TRAVERSES  STATE
 LANDS,  SUBJECT  TO  THE  APPROVAL  BY  THE  DEPARTMENT IN THE FORM OF A
 CONSENT TO OCCUPY AND ANY REQUIRED AUTHORIZATION FROM THE DEPARTMENT  OF
 TRANSPORTATION  TO  ENSURE  COMPLIANCE WITH STATE AND FEDERAL LAW, RULES
 AND REGULATIONS. ESSENTIAL ABOVE GRADE INFRASTRUCTURE  DIRECTLY  RELATED
 TO  AND NECESSARY FOR SUCH BURIED OR CO-LOCATED PUBLIC UTILITY LINES MAY
 BE LOCATED WITHIN THE WIDTH OF SUCH HIGHWAYS.
   A. PRIOR TO DEPARTMENT REVIEW AND APPROVAL,  A  PROPOSAL  TO  BURY  OR
 CO-LOCATE  A  NEW  UTILITY  LINE  PURSUANT  TO THIS SECTION MUST RECEIVE
 APPROVAL BY RESOLUTION OF THE TOWN BOARD OR BOARDS OF THE TOWN OR  TOWNS
 IN WHICH THE UTILITY LINE IS PROPOSED.
   B. IF THE PROPOSED UTILITY LINE WILL UTILIZE A TOWN OR COUNTY HIGHWAY,
 THE APPLICANT SHALL PROVIDE THE DEPARTMENT WITH A CERTIFICATION FROM THE
 TOWN OR COUNTY RESPECTIVELY THAT THE AREA WHERE THE UTILITY LINE WILL BE
 PLACED IS BENEATH THE DRIVING SURFACE OR IN THE CLEARED, REGULARLY MAIN-
 TAINED AREA ADJACENT TO THE DRIVING SURFACE.
   C.  NO  COMPENSATION SHALL BE REQUIRED TO BE PROVIDED TO THE STATE FOR
 APPROVAL TO BURY OR CO-LOCATE A UTILITY LINE IN THE WIDTH OF A  HIGHWAY,
 EXCEPT  AS MAY BE REQUIRED BY THE HIGHWAY LAW, THE TRANSPORTATION CORPO-
 RATIONS LAW, OR ANY OTHER STATE OR FEDERAL LAW, RULE OR REGULATION.
   D. THE UTILITY LINE OWNER SHALL SUBMIT AN APPLICATION FOR A CONSENT TO
 OCCUPY AND SURVEY MAP DELINEATING THE LAND TO BE  USED  FOR  THE  PUBLIC
 UTILITY PURPOSES, PREPARED TO STANDARDS OF THE DEPARTMENT.
   3. A BICYCLE PATH MAY BE CONSTRUCTED AND MAINTAINED BY A PROJECT SPON-
 SOR WITHIN THE WIDTH OF A HIGHWAY THAT TRAVERSES STATE LANDS, SUBJECT TO
 APPROVAL  BY  THE  DEPARTMENT IN THE FORM OF A CONSENT TO OCCUPY AND ANY

 S. 2608--B                          3
 
 REQUIRED AUTHORIZATION FROM THE DEPARTMENT OF TRANSPORTATION  TO  ENSURE
 COMPLIANCE  WITH  STATE  AND  FEDERAL  LAW,  RULES  AND REGULATIONS. THE
 PROJECT SPONSOR SHALL SUBMIT A SURVEY MAP, PREPARED TO STANDARDS OF  THE
 DEPARTMENT, OF THE LANDS WHERE THE BICYCLE PATH WILL BE CONSTRUCTED.
   4.  A.  THERE  IS HEREBY CREATED A HEALTH AND SAFETY LAND ACCOUNT. THE
 HEALTH AND SAFETY LAND ACCOUNT SHALL BE TWO HUNDRED FIFTY ACRES OF STATE
 LANDS WHICH SHALL BE AVAILABLE IN THE  COUNTIES  OF  CLINTON,  DELAWARE,
 ESSEX,  FRANKLIN,  FULTON,  GREENE,  HAMILTON,  HERKIMER, LEWIS, ONEIDA,
 SARATOGA, SAINT LAWRENCE, SULLIVAN, ULSTER, WARREN AND WASHINGTON.
   B. SUBJECT TO REVIEW AND APPROVAL BY THE DEPARTMENT AND  ANY  REQUIRED
 AUTHORIZATION FROM THE DEPARTMENT OF TRANSPORTATION TO ENSURE COMPLIANCE
 WITH  STATE  AND  FEDERAL LAW, RULES AND REGULATIONS, AND SUBJECT TO THE
 APPROVAL OF THE LEGISLATURE IF THE PROPOSED PROJECT  WILL  UTILIZE  MORE
 THAN  FORTY-THREE  THOUSAND  FIVE HUNDRED SQUARE FEET OF LAND, A PROJECT
 SPONSOR MAY APPLY TO USE AVAILABLE ACREAGE FROM THE  HEALTH  AND  SAFETY
 LAND ACCOUNT FOR THE FOLLOWING:
   (1)  TO  RELOCATE,  RECONSTRUCT  AND MAINTAIN EXISTING TOWN AND COUNTY
 HIGHWAYS FOR THE  PURPOSE  OF  ADDRESSING  SAFETY  AND  ELIMINATING  THE
 HAZARDS  OF DANGEROUS CURVES AND GRADES AND TO ADDRESS DRAINAGE PROBLEMS
 ON SUCH HIGHWAYS PROVIDED THAT NO SINGLE RELOCATED PORTION OF A  HIGHWAY
 MAY  BE  LONGER THAN ONE-HALF MILE IN LENGTH ON STATE LANDS AND PROVIDED
 FURTHER THAT NO SINGLE RELOCATED PORTION OF A HIGHWAY MAY BE LONGER THAN
 ONE MILE IN LENGTH;
   (2) CONSTRUCTION,  RECONSTRUCTION,  RELOCATION  OR  IMPROVEMENT  OF  A
 BRIDGE, OR BRIDGE INFRASTRUCTURE TO IMPROVE PUBLIC SAFETY, BRIDGE SAFETY
 OR ELIMINATE BRIDGE HAZARDS;
   (3)  TO INSTALL STABILIZATION DEVICES ON EXISTING PUBLIC UTILITY POLES
 LOCATED WITHIN PROXIMITY TO THE WIDTH OF A HIGHWAY; AND
   (4) WATER SUPPLY PROJECTS LOCATED WITHIN FIVE HUNDRED THIRTY  FEET  OF
 THE  EDGE OF THE WIDTH OF THE HIGHWAY, IF IT IS NECESSARY TO MEET DRINK-
 ING WATER QUALITY STANDARDS.
   ALL SUCH PROJECTS SHALL MINIMIZE THE REMOVAL OF TREES OR VEGETATION.
   C. AN APPLICATION FOR A PROPOSAL SHALL INCLUDE A SURVEY MAP,  PREPARED
 TO  THE  STANDARDS  OF  THE DEPARTMENT, A NARRATIVE ABOUT THE PROJECT, A
 JUSTIFICATION, AND ESTIMATES OF NEEDED  ACREAGE.  THE  DEPARTMENT  SHALL
 HOLD  A  NON-ADJUDICATORY  PUBLIC  HEARING  ON THE PROJECT, AT WHICH THE
 PUBLIC SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD.  NOTICE  OF  ANY  SUCH
 HEARING  AND  PUBLIC  COMMENT  SHALL BE PROVIDED THIRTY CALENDAR DAYS IN
 ADVANCE AND SHALL BE PUBLISHED IN THE STATE REGISTER, THE  ENVIRONMENTAL
 NOTICE  BULLETIN  AND  IN  A NEWSPAPER HAVING GENERAL CIRCULATION IN THE
 COUNTY WHERE THE FOREST PRESERVE LANDS IN QUESTION ARE LOCATED.
   D. ACREAGE FROM THE HEALTH AND SAFETY LAND ACCOUNT MAY BE UTILIZED FOR
 A PROJECT AUTHORIZED BY THIS SUBDIVISION ONLY WHEN  THE  DEPARTMENT  HAS
 DETERMINED:  THERE  IS  NO  VIABLE  ALTERNATIVE ON LAND NOT OWNED BY THE
 STATE; THE PROJECT WILL MINIMIZE ENVIRONMENTAL IMPACTS  TO  THE  MAXIMUM
 EXTENT  PRACTICABLE;  AND  THE  PROPOSAL WILL NOT ADVERSELY IMPACT LANDS
 WITH RECOGNIZED CRITICAL ENVIRONMENTAL OR RECREATIONAL VALUE, AS  DETER-
 MINED BY THE DEPARTMENT BASED ON A RESOURCE INVENTORY AND ASSESSMENT.
   PROPOSALS  FOR  USE  OF  LAND  FROM THE HEALTH AND SAFETY LAND ACCOUNT
 SHALL BE SUBJECT TO PUBLIC REVIEW AND COMMENT.
   E. NO INDIVIDUAL PROJECT SHALL BE PERMITTED TO UTILIZE MORE THAN  FIVE
 ACRES  FROM  THE  HEALTH AND SAFETY LAND ACCOUNT. NO MORE THAN TEN ACRES
 FROM THE HEALTH AND SAFETY LAND ACCOUNT MAY BE UTILIZED BY ANY  INDIVID-
 UAL  TOWN  WITHOUT  PRIOR  APPROVAL  FROM  THE LEGISLATURE. NO MORE THAN
 FIFTEEN ACRES FROM THE HEALTH AND SAFETY LAND ACCOUNT MAY BE UTILIZED BY
 ANY INDIVIDUAL COUNTY WITHOUT PRIOR APPROVAL FROM THE LEGISLATURE.

 S. 2608--B                          4
 
   F. AFTER A HEARING AND OPPORTUNITY TO BE HEARD,  IF  THE  COMMISSIONER
 DETERMINES  THAT A PROJECT SPONSOR IS UTILIZING LAND FOR A PURPOSE OTHER
 THAN AS AUTHORIZED BY  THE  DEPARTMENT,  THE  COMMISSIONER  MAY  REQUIRE
 REMOVAL OF ANY IMPROVEMENTS TO THE LAND AND RESTORATION OF THE LAND TO A
 NATURAL,  VEGETATIVE  STATE  AND  RESTORED TO THE HEALTH AND SAFETY LAND
 ACCOUNT.
   G. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH B OR E OF THIS SUBDIVI-
 SION, NO LEGISLATIVE APPROVAL SHALL BE  REQUIRED  FOR  A  PROJECT  WHICH
 UTILIZES  MORE  THAN FORTY-THREE THOUSAND FIVE HUNDRED SIXTY SQUARE FEET
 OF LAND, WHEN THE GOVERNOR DECLARES, IN WRITING,  THAT  THE  PROJECT  IS
 NECESSARY  TO  ADDRESS  OR  REMEDY AN EMERGENCY TO THE PUBLIC HEALTH AND
 SAFETY.
   5. THE DEPARTMENT SHALL PROVIDE AN OPPORTUNITY FOR PUBLIC  REVIEW  AND
 COMMENT  ON  ALL APPLICATIONS FOR PROJECTS PURSUANT TO SUBDIVISIONS TWO,
 THREE AND FOUR OF THIS SECTION.
   6. STATE LANDS USED FOR PROJECTS AUTHORIZED BY PARAGRAPH B OF SUBDIVI-
 SION FOUR OF THIS SECTION SHALL BE CONVEYED, OR AN EASEMENT GRANTED  FOR
 PUBLIC  UTILITY PROJECTS, TO THE PROJECT SPONSOR WITH A DEED RESTRICTION
 SPECIFYING THAT THE LAND SHALL ONLY BE USED FOR THE  PURPOSE  AUTHORIZED
 BY  THE  DEPARTMENT  AND  SHALL  NOT  BE TRANSFERRED TO ANY ENTITY FOR A
 DIFFERENT PRIVATE OR COMMERCIAL PURPOSE. SUCH LANDS SHALL REVERT TO  THE
 STATE  WHEN  THEY  SHALL CEASE TO BE USED FOR THE PURPOSES AUTHORIZED BY
 THIS SECTION.
   7. PRIOR TO ALLOWING ANY PROJECT SPONSOR TO USE LAND FROM  THE  HEALTH
 AND SAFETY LAND ACCOUNT FOR AN ELIGIBLE PROJECT, AS AUTHORIZED BY SUBDI-
 VISION  FOUR  OF  THIS SECTION, THE STATE SHALL ACQUIRE NO LESS THAN TWO
 HUNDRED FIFTY ACRES, WHICH SHALL BE ADDED TO THE FOREST PRESERVE.
   8. THE PROVISIONS OF SUBDIVISIONS ONE AND FIVE OF  SECTION  9-0303  OF
 THIS  TITLE  SHALL  NOT  APPLY TO ACTIVITIES AUTHORIZED PURSUANT TO THIS
 SECTION.
   9. NOTHING IN THIS SECTION SHALL AFFECT THE APPLICATION OF STATE ENVI-
 RONMENTAL QUALITY REVIEW PURSUANT TO ARTICLE EIGHT OF  THIS  CHAPTER  OR
 THE  JURISDICTION OF THE ADIRONDACK PARK AGENCY IN ACCORDANCE WITH ARTI-
 CLE TWENTY-SEVEN OF THE EXECUTIVE LAW, PROVIDED  THAT  NO  SUCH  PROJECT
 SHALL BE SUBJECT TO THE ADIRONDACK PARK STATE LAND MASTER PLAN DEVELOPED
 PURSUANT  TO  SECTION  EIGHT  HUNDRED  SIXTEEN  OF  THE  EXECUTIVE  LAW;
 PROVIDED, HOWEVER, THAT APPLICABLE PROVISIONS OF  A  STATE  LAND  MASTER
 PLAN SHALL APPLY TO THE REAL PROPERTY INTERESTS RETAINED BY THE STATE IN
 ANY  LAND  SUBJECT  TO  AN  EASEMENT FOR A UTILITY LINE PURSUANT TO THIS
 SECTION.
   10. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH  RULES  AND  REGU-
 LATIONS  AS  MAY BE NECESSARY TO IMPLEMENT AND ADMINISTER THE PROVISIONS
 OF THIS SECTION.
   11. THE DEPARTMENT SHALL MAINTAIN AN INVENTORY  OF  ALL  EASEMENTS  TO
 OCCUPY PARCEL ACREAGES AND SURVEY MAPS SUBJECT TO THIS SECTION.
   12.  THE  PROVISIONS  OF  THIS  SECTION  SHALL BE SEVERABLE AND IF ANY
 PORTION THEREOF OR THE APPLICABILITY THEREOF TO ANY  PERSON  OR  CIRCUM-
 STANCES  SHALL  BE  HELD  INVALID,  THE  REMAINDER OF THIS TITLE AND THE
 APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY.
   § 2. Section 97-e of the state finance law, as amended by chapter  637
 of the laws of 1960, is amended to read as follows:
   § 97-e. Forest preserve expansion fund. 1. There is hereby established
 in the state treasury a special fund, to be known as the forest preserve
 expansion  fund, which shall consist of and into which shall be paid all
 moneys derived from the sale of certain forest preserve lands  specified
 in  section  twenty-four  of the public lands law, MONEYS RECEIVED FOR A

 S. 2608--B                          5
 
 HEALTH AND SAFETY LAND ACCOUNT TRANSACTION PURSUANT TO SECTION 9-0309 OF
 THE ENVIRONMENTAL CONSERVATION LAW and such other moneys as may be  paid
 into  said  fund  pursuant  to  law.  The  moneys  in such fund shall be
 expended  only  for the acquisition of additional lands FOR THE PRACTICE
 OF FOREST OR WILDLIFE CONSERVATION IN FOREST PRESERVE COUNTIES  PURSUANT
 TO  SECTION  9-0309 OF THE ENVIRONMENTAL CONSERVATION LAW for the forest
 preserve within either the Adirondack or Catskill park as now  fixed  by
 law.  Upon  appropriation by the legislature, the [conservation] depart-
 ment OF ENVIRONMENTAL CONSERVATION may use such moneys  or  any  portion
 thereof  for  the  acquisition  of  such additional lands subject to the
 approval of title thereto by the attorney  general.  All  payments  from
 such  fund shall be made by the department of taxation and finance after
 audit by and upon warrant of the comptroller, on  vouchers  approved  by
 the [conservation] commissioner OF ENVIRONMENTAL CONSERVATION.
   2.  The  [conservation]  commissioner OF ENVIRONMENTAL CONSERVATION is
 authorized to accept, in the name of the people  of  the  state  of  New
 York, any gift or bequest of moneys to be paid into such forest preserve
 expansion  fund and to be expended and disbursed as provided in subdivi-
 sion one of this section.
   § 3. This act shall take effect on the  same  date  and  in  the  same
 manner  as a "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"  takes effect, in accordance with section 1 of article 19
 of the constitution.

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Senate Bill S2608B

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Sponsored By

Betty Little

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

2017-S2608 - Details

2017-S2608 - Summary

2017-S2608 - Sponsor Memo

2017-S2608 - Bill Text download pdf

co-Sponsors

George Amedore

George Latimer

2017-S2608A - Details

2017-S2608A - Summary

2017-S2608A - Sponsor Memo

2017-S2608A - Bill Text download pdf

co-Sponsors

George Amedore

David J. Valesky

2017-S2608B (ACTIVE) - Details

2017-S2608B (ACTIVE) - Summary

2017-S2608B (ACTIVE) - Sponsor Memo

2017-S2608B (ACTIVE) - Bill Text download pdf

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