NY State Assembly Bill 2023-A8311A

Current Bill Status - In Assembly 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 15, 2024	print number 8311a
Feb 15, 2024	amend and recommit to corporations, authorities and commissions
Jan 03, 2024	referred to corporations, authorities and commissions
Nov 27, 2023	referred to corporations, authorities and commissions

Bill Amendments

Original

A (Active)

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multi-Sponsors

2023-A8311 - Details

See Senate Version of this Bill:: S7891
Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Service Law
Laws Affected:: Add §§53-b & 131, Pub Serv L; amd §§1005 & 1020-f, Pub Auth L

2023-A8311 - Summary

Permits utility corporations to enter into agreements with municipalities and private landowners for the development of multi-use trails in electric utility corridors that can be used for recreation and transportation.

2023-A8311 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8311
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 27, 2023
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Corporations, Authorities and Commissions
 
 AN ACT to amend the public service law and the public  authorities  law,
   in relation to permitting the development of multi-use trails in elec-
   tric utility corridors

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public service law is amended by adding a  new  section
 53-b to read as follows:
   §  53-B.  POWERLINE TRAILS IN UTILITY CORRIDORS. 1. ANY UTILITY CORPO-
 RATION, AS THE OWNER, OCCUPANT, OR LESSEE OF A UTILITY CORRIDOR  OR  THE
 HOLDER  OF  AN EASEMENT OR RIGHT-OF-WAY COVERING A UTILITY CORRIDOR, MAY
 ENTER INTO A WRITTEN CONTRACT WITH A MUNICIPALITY OR  PRIVATE  LANDOWNER
 TO  CONSTRUCT AND MAINTAIN POWERLINE TRAILS COVERING ALL OR SOME OF SUCH
 UTILITY CORRIDOR.
   2. EVERY UTILITY CORPORATION SHALL DEVELOP AND MAINTAIN  INFORMATIONAL
 RESOURCES  ON  ITS  WEBSITE TO ENCOURAGE, FACILITATE, AND STREAMLINE THE
 CONSTRUCTION OF NEW POWERLINE TRAILS IN UTILITY CORRIDORS THAT ARE SUIT-
 ABLE FOR THE CONSTRUCTION AND MAINTENANCE OF  A  POWERLINE  TRAIL.  SUCH
 INFORMATIONAL RESOURCES, AT A MINIMUM, SHALL:
   (A)  IDENTIFY UTILITY CORRIDORS SUITABLE FOR THE CREATION OF POWERLINE
 TRAILS;
   (B) PROVIDE CONTACT INFORMATION FOR A DESIGNEE OF THE  UTILITY  CORPO-
 RATION WHO A MUNICIPAL GOVERNMENT CAN CONTACT TO DISCUSS THE POSSIBILITY
 OF CONSTRUCTING SUCH POWERLINE TRAILS; AND
   (C) BE REVIEWED AND REVISED PERIODICALLY BY THE UTILITY CORPORATION.
   3. DURING THE DESIGN AND CONSTRUCTION OF A POWERLINE TRAIL, THE UTILI-
 TY CORPORATION AND THE MUNICIPAL GOVERNMENT SHALL CONSULT AND COORDINATE
 WITH THE OFFICE OF PARKS, RECREATION, AND HISTORIC PRESERVATION TO MINI-
 MIZE ADVERSE IMPACTS ON:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13590-01-3
 A. 8311                             2

 
   (A)  STATE AND FEDERALLY RECOGNIZED THREATENED AND ENDANGERED SPECIES;
 AND
   (B) HABITATS OF CONSERVATION CONCERN.
   4.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, NOTHING IN
 THIS SECTION SHALL:
   (A) REQUIRE A UTILITY CORPORATION TO ALLOW A POWERLINE  TRAIL  OR  ANY
 OTHER FACILITY ON ITS UTILITY CORRIDOR; OR
   (B)  REQUIRE  A PUBLIC OR PRIVATE LANDOWNER WHOSE PROPERTY IS ADJACENT
 TO OR INCLUSIVE OF A UTILITY CORRIDOR TO  ALLOW  PUBLIC  ACCESS  TO  ANY
 PORTION OF SUCH LANDOWNER'S PROPERTY.
   5.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "UTILITY CORRIDOR" MEANS A  TRACT  OF  LAND  OWNED,  OCCUPIED,  OR
 LEASED  BY A UTILITY CORPORATION, OR COVERED BY AN EASEMENT OR RIGHT-OF-
 WAY HELD BY A UTILITY CORPORATION, WHERE AN ELECTRIC  TRANSMISSION  LINE
 IS CONSTRUCTED, OPERATED, OR MAINTAINED AT A VOLTAGE OF SIXTY-FIVE KILO-
 VOLTS OR HIGHER.
   (B) "POWERLINE TRAIL" MEANS A MULTI-USE TRAIL THAT IS:
   (I)  USED FOR RECREATIONAL OR TRANSPORTATION PURPOSES IN A MANNER THAT
 DOES NOT INVOLVE A MOTOR VEHICLE; AND
   (II) LOCATED IN AN EXISTING OR FUTURE UTILITY CORRIDOR.
   § 2. The public service law is amended by adding a new section 131  to
 read as follows:
   §  131. UTILITY NOTIFICATION TO MUNICIPALITIES OF POTENTIAL FOR POWER-
 LINE TRAILS. 1. FOR THE PURPOSES OF THIS SECTION,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "UTILITY  CORRIDOR"  MEANS  A  TRACT  OF LAND OWNED, OCCUPIED, OR
 LEASED BY A UTILITY CORPORATION, OR COVERED BY AN EASEMENT OR  RIGHT-OF-
 WAY  HELD  BY A UTILITY CORPORATION, WHERE AN ELECTRIC TRANSMISSION LINE
 IS CONSTRUCTED, OPERATED, OR MAINTAINED AT A VOLTAGE OF SIXTY-FIVE KILO-
 VOLTS OR HIGHER.
   (B) "POWERLINE TRAIL" MEANS A MULTI-USE TRAIL THAT IS:
   (I) USED FOR RECREATIONAL OR TRANSPORTATION PURPOSES IN A MANNER  THAT
 DOES NOT INVOLVE A MOTOR VEHICLE; AND
   (II) LOCATED IN AN EXISTING OR FUTURE UTILITY CORRIDOR.
   2.  UPON  THE GRANTING OF AN APPLICATION BY THE COMMISSION PURSUANT TO
 THIS ARTICLE, A UTILITY CORPORATION SHALL NOTIFY  THE  MUNICIPALITY,  OR
 MUNICIPALITIES,  IN  WHICH THE UTILITY CORRIDOR IS LOCATED OF THE POTEN-
 TIAL FOR THE CONSTRUCTION OF A POWERLINE TRAIL IN THE ASSOCIATED UTILITY
 CORRIDOR. SUCH NOTIFICATION SHALL INCLUDE:
   (A) UTILITY CORRIDORS SUITABLE FOR THE CREATION OF POWER LINE  TRAILS;
 AND
   (B)  THE CONTACT INFORMATION FOR A DESIGNEE OF THE UTILITY CORPORATION
 WHO A MUNICIPAL GOVERNMENT CAN CONTACT TO  DISCUSS  THE  POSSIBILITY  OF
 CONSTRUCTING SUCH POWERLINE TRAILS.
   3.  A  UTILITY  CORPORATION SHALL ONLY BE REQUIRED TO NOTIFY A MUNICI-
 PALITY OF THE POTENTIAL FOR THE CONSTRUCTION OF A POWERLINE TRAIL PURSU-
 ANT TO SUBDIVISION TWO OF THIS SECTION IF:
   (A) THE TRANSMISSION LINE WILL BE EXTENDED BY MORE THAN ONE MILE; OR
   (B) THE TRANSMISSION LINE CAPACITY WILL BE INCREASED BY MORE THAN  TEN
 PERCENT.
   § 3. Section 1005 of the public authorities law is amended by adding a
 new subdivision 31 to read as follows:
   31.  (A) THE AUTHORITY, AS THE OWNER, OCCUPANT, OR LESSEE OF A UTILITY
 CORRIDOR OR THE HOLDER OF AN EASEMENT OR RIGHT-OF-WAY COVERING A UTILITY
 CORRIDOR, MAY ENTER INTO A  WRITTEN  CONTRACT  WITH  A  MUNICIPALITY  OR
 A. 8311                             3
 
 PRIVATE  LANDOWNER  TO  CONSTRUCT AND MAINTAIN POWERLINE TRAILS COVERING
 ALL OR SOME OF SUCH UTILITY CORRIDOR.
   (B)  THE  AUTHORITY SHALL DEVELOP AND MAINTAIN INFORMATIONAL RESOURCES
 ON ITS WEBSITE TO ENCOURAGE, FACILITATE, AND STREAMLINE THE CONSTRUCTION
 OF NEW POWERLINE TRAILS IN UTILITY CORRIDORS THAT ARE SUITABLE  FOR  THE
 CONSTRUCTION  AND  MAINTENANCE  OF A POWERLINE TRAIL. SUCH INFORMATIONAL
 RESOURCES, AT A MINIMUM, SHALL:
   (I) IDENTIFY UTILITY CORRIDORS SUITABLE FOR THE CREATION OF POWER LINE
 TRAILS;
   (II) PROVIDE THE CONTACT INFORMATION FOR A DESIGNEE OF  THE  AUTHORITY
 WHO  A  MUNICIPAL  GOVERNMENT  CAN CONTACT TO DISCUSS THE POSSIBILITY OF
 CONSTRUCTING SUCH POWERLINE TRAILS; AND
   (III) BE REVIEWED AND REVISED PERIODICALLY BY THE AUTHORITY.
   (C) DURING THE DESIGN AND  CONSTRUCTION  OF  A  POWERLINE  TRAIL,  THE
 AUTHORITY AND MUNICIPAL GOVERNMENT SHALL CONSULT AND COORDINATE WITH THE
 OFFICE  OF  PARKS,  RECREATION,  AND  HISTORIC  PRESERVATION TO MINIMIZE
 ADVERSE IMPACTS ON:
   (I) STATE AND FEDERALLY RECOGNIZED THREATENED AND ENDANGERED  SPECIES;
 AND
   (II) HABITATS OF CONSERVATION CONCERN.
   (D)  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, NOTHING IN
 THIS SECTION SHALL:
   (I) REQUIRE THE AUTHORITY TO ALLOW A  POWERLINE  TRAIL  OR  ANY  OTHER
 FACILITY ON ITS UTILITY CORRIDOR; OR
   (II)  REQUIRE A PUBLIC OR PRIVATE LANDOWNER WHOSE PROPERTY IS ADJACENT
 TO OR INCLUSIVE OF A UTILITY CORRIDOR TO  ALLOW  PUBLIC  ACCESS  TO  ANY
 PORTION OF THE LANDOWNER'S PROPERTY.
   (E)  FOR  THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (I) "UTILITY CORRIDOR" MEANS A  TRACT  OF  LAND  OWNED,  OCCUPIED,  OR
 LEASED  BY THE AUTHORITY, OR COVERED BY AN EASEMENT OR RIGHT-OF-WAY HELD
 BY THE AUTHORITY, WHERE AN ELECTRIC TRANSMISSION  LINE  IS  CONSTRUCTED,
 OPERATED, OR MAINTAINED AT A VOLTAGE OF SIXTY-FIVE KILOVOLTS OR HIGHER.
   (II) "POWERLINE TRAIL" MEANS A MULTI-USE TRAIL THAT IS:
   (A)  USED FOR RECREATIONAL OR TRANSPORTATION PURPOSES IN A MANNER THAT
 DOES NOT INVOLVE A MOTOR VEHICLE; AND
   (B) LOCATED IN AN EXISTING OR FUTURE UTILITY CORRIDOR.
   (III) "MUNICIPALITY" MEANS A COUNTY, CITY, TOWN OR VILLAGE LOCATED  IN
 THIS STATE.
   § 4. Section 1020-f of the public authorities law, as added by chapter
 517  of the laws of 1986, is amended by adding a new subdivision (kk) to
 read as follows:
   (KK) 1. AS THE OWNER, OCCUPANT, OR LESSEE OF A UTILITY CORRIDOR OR THE
 HOLDER OF AN EASEMENT OR RIGHT-OF-WAY COVERING A  UTILITY  CORRIDOR,  TO
 ENTER  INTO  A WRITTEN CONTRACT WITH A MUNICIPALITY OR PRIVATE LANDOWNER
 TO CONSTRUCT AND MAINTAIN POWERLINE TRAILS COVERING ALL OR SOME OF  SUCH
 UTILITY CORRIDOR.
   2. THE AUTHORITY SHALL DEVELOP AND MAINTAIN INFORMATIONAL RESOURCES ON
 ITS WEBSITE TO ENCOURAGE, FACILITATE, AND STREAMLINE THE CONSTRUCTION OF
 NEW  POWERLINE  TRAILS  IN  UTILITY  CORRIDORS THAT ARE SUITABLE FOR THE
 CONSTRUCTION AND MAINTENANCE OF A POWERLINE  TRAIL.  SUCH  INFORMATIONAL
 RESOURCES, AT A MINIMUM, SHALL:
   (I) IDENTIFY UTILITY CORRIDORS SUITABLE FOR THE CREATION OF POWER LINE
 TRAILS;
 A. 8311                             4
 
   (II)  PROVIDE  THE CONTACT INFORMATION FOR A DESIGNEE OF THE AUTHORITY
 WHO A MUNICIPAL GOVERNMENT CAN CONTACT TO  DISCUSS  THE  POSSIBILITY  OF
 CONSTRUCTING SUCH POWERLINE TRAILS; AND
   (III) BE REVIEWED AND REVISED PERIODICALLY BY THE AUTHORITY.
   3.  DURING  THE  DESIGN  AND  CONSTRUCTION  OF  A POWERLINE TRAIL, THE
 AUTHORITY AND MUNICIPAL GOVERNMENT SHALL CONSULT AND COORDINATE WITH THE
 OFFICE OF PARKS,  RECREATION,  AND  HISTORIC  PRESERVATION  TO  MINIMIZE
 ADVERSE IMPACTS ON:
   (I)  STATE AND FEDERALLY RECOGNIZED THREATENED AND ENDANGERED SPECIES;
 AND
   (II) HABITATS OF CONSERVATION CONCERN.
   4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE  CONTRARY,  NOTHING  IN
 THIS SECTION SHALL:
   (I)  REQUIRE  THE  AUTHORITY  TO  ALLOW A POWERLINE TRAIL OR ANY OTHER
 FACILITY ON ITS UTILITY CORRIDOR; OR
   (II) REQUIRE A PUBLIC OR PRIVATE LANDOWNER WHOSE PROPERTY IS  ADJACENT
 TO  OR  INCLUSIVE  OF  A  UTILITY CORRIDOR TO ALLOW PUBLIC ACCESS TO ANY
 PORTION OF THE LANDOWNER'S PROPERTY.
   5. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (I)  "UTILITY  CORRIDOR"  MEANS  A  TRACT  OF LAND OWNED, OCCUPIED, OR
 LEASED BY THE AUTHORITY, OR COVERED BY AN EASEMENT OR RIGHT-OF-WAY  HELD
 BY  THE  AUTHORITY,  WHERE AN ELECTRIC TRANSMISSION LINE IS CONSTRUCTED,
 OPERATED, OR MAINTAINED AT A VOLTAGE OF SIXTY-FIVE KILOVOLTS OR HIGHER.
   (II) "POWERLINE TRAIL" MEANS A MULTI-USE TRAIL THAT IS:
   (1) USED FOR RECREATIONAL OR TRANSPORTATION PURPOSES IN A MANNER  THAT
 DOES NOT INVOLVE A MOTOR VEHICLE; AND
   (2) LOCATED IN AN EXISTING OR FUTURE UTILITY CORRIDOR.
   (III)  "MUNICIPALITY" MEANS A COUNTY, CITY, TOWN OR VILLAGE LOCATED IN
 THIS STATE.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2023-A8311A (ACTIVE) - Details

See Senate Version of this Bill:: S7891
Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Service Law
Laws Affected:: Add §§53-b & 131, Pub Serv L; amd §§1005 & 1020-f, Pub Auth L

2023-A8311A (ACTIVE) - Summary

2023-A8311A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8311--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 27, 2023
                                ___________
 
 Introduced  by  M.  of  A.  FAHY, THIELE, SEAWRIGHT, LUNSFORD, SILLITTI,
   SHIMSKY, McDONALD -- Multi-Sponsored by -- M. of A. SIMON -- read once
   and referred to the Committee on Corporations, Authorities and Commis-
   sions -- recommitted to the Committee on Corporations, Authorities and
   Commissions in accordance with Assembly Rule 3, sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the public service law and the public authorities law,
   in relation to permitting the development of multi-use trails in elec-
   tric utility corridors
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public service law is amended by adding a new section
 53-b to read as follows:
   § 53-B. POWERLINE TRAILS IN UTILITY CORRIDORS. 1. ANY  UTILITY  CORPO-
 RATION,  AS  THE OWNER, OCCUPANT, OR LESSEE OF A UTILITY CORRIDOR OR THE
 HOLDER OF AN EASEMENT OR RIGHT-OF-WAY COVERING A UTILITY  CORRIDOR,  MAY
 ENTER  INTO  A WRITTEN CONTRACT WITH A MUNICIPALITY OR PRIVATE LANDOWNER
 TO CONSTRUCT AND MAINTAIN POWERLINE TRAILS COVERING ALL OR SOME OF  SUCH
 UTILITY CORRIDOR.
   2.  EVERY UTILITY CORPORATION SHALL DEVELOP AND MAINTAIN INFORMATIONAL
 RESOURCES ON ITS WEBSITE TO ENCOURAGE, FACILITATE,  AND  STREAMLINE  THE
 CONSTRUCTION OF NEW POWERLINE TRAILS IN UTILITY CORRIDORS THAT ARE SUIT-
 ABLE  FOR  THE  CONSTRUCTION  AND MAINTENANCE OF A POWERLINE TRAIL. SUCH
 INFORMATIONAL RESOURCES, AT A MINIMUM, SHALL:
   (A) IDENTIFY UTILITY CORRIDORS SUITABLE FOR THE CREATION OF  POWERLINE
 TRAILS;
   (B)  PROVIDE  CONTACT INFORMATION FOR A DESIGNEE OF THE UTILITY CORPO-
 RATION WHO A MUNICIPAL GOVERNMENT CAN CONTACT TO DISCUSS THE POSSIBILITY
 OF CONSTRUCTING SUCH POWERLINE TRAILS; AND
   (C) BE REVIEWED AND REVISED PERIODICALLY BY THE UTILITY CORPORATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13590-03-4

 A. 8311--A                          2
 
   3. DURING THE DESIGN AND CONSTRUCTION OF A POWERLINE TRAIL, THE UTILI-
 TY CORPORATION AND THE MUNICIPAL GOVERNMENT SHALL CONSULT AND COORDINATE
 WITH THE OFFICE OF PARKS, RECREATION, AND HISTORIC PRESERVATION TO MINI-
 MIZE ADVERSE IMPACTS ON:
   (A)  STATE AND FEDERALLY RECOGNIZED THREATENED AND ENDANGERED SPECIES;
 AND
   (B) HABITATS OF CONSERVATION CONCERN.
   4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE  CONTRARY,  NOTHING  IN
 THIS SECTION SHALL:
   (A)  REQUIRE  A  UTILITY CORPORATION TO ALLOW A POWERLINE TRAIL OR ANY
 OTHER FACILITY ON ITS UTILITY CORRIDOR; OR
   (B) REQUIRE A PUBLIC OR PRIVATE LANDOWNER WHOSE PROPERTY  IS  ADJACENT
 TO  OR  INCLUSIVE  OF  A  UTILITY CORRIDOR TO ALLOW PUBLIC ACCESS TO ANY
 PORTION OF SUCH LANDOWNER'S PROPERTY.
   5. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)  "UTILITY  CORRIDOR"  MEANS  A  TRACT  OF LAND OWNED, OCCUPIED, OR
 LEASED BY A UTILITY CORPORATION, OR COVERED BY AN EASEMENT OR  RIGHT-OF-
 WAY  HELD  BY A UTILITY CORPORATION, WHERE AN ELECTRIC TRANSMISSION LINE
 IS CONSTRUCTED, OPERATED, OR MAINTAINED AT A VOLTAGE OF SIXTY-FIVE KILO-
 VOLTS OR HIGHER.
   (B) "POWERLINE TRAIL" MEANS A MULTI-USE TRAIL THAT IS:
   (I) USED FOR RECREATIONAL OR TRANSPORTATION PURPOSES IN A MANNER  THAT
 DOES NOT INVOLVE A MOTOR VEHICLE; AND
   (II) LOCATED IN AN EXISTING OR FUTURE UTILITY CORRIDOR.
   §  2. The public service law is amended by adding a new section 131 to
 read as follows:
   § 131. UTILITY NOTIFICATION TO MUNICIPALITIES OF POTENTIAL FOR  POWER-
 LINE  TRAILS.  1.  FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "UTILITY CORRIDOR" MEANS A  TRACT  OF  LAND  OWNED,  OCCUPIED,  OR
 LEASED  BY A UTILITY CORPORATION, OR COVERED BY AN EASEMENT OR RIGHT-OF-
 WAY HELD BY A UTILITY CORPORATION, WHERE AN ELECTRIC  TRANSMISSION  LINE
 IS CONSTRUCTED, OPERATED, OR MAINTAINED AT A VOLTAGE OF SIXTY-FIVE KILO-
 VOLTS OR HIGHER.
   (B) "POWERLINE TRAIL" MEANS A MULTI-USE TRAIL THAT IS:
   (I)  USED FOR RECREATIONAL OR TRANSPORTATION PURPOSES IN A MANNER THAT
 DOES NOT INVOLVE A MOTOR VEHICLE; AND
   (II) LOCATED IN AN EXISTING OR FUTURE UTILITY CORRIDOR.
   2. UPON THE GRANTING OF AN APPLICATION BY THE COMMISSION  PURSUANT  TO
 THIS  ARTICLE,  A  UTILITY CORPORATION SHALL NOTIFY THE MUNICIPALITY, OR
 MUNICIPALITIES, IN WHICH THE UTILITY CORRIDOR IS LOCATED OF  THE  POTEN-
 TIAL FOR THE CONSTRUCTION OF A POWERLINE TRAIL IN THE ASSOCIATED UTILITY
 CORRIDOR. SUCH NOTIFICATION SHALL INCLUDE:
   (A)  UTILITY CORRIDORS SUITABLE FOR THE CREATION OF POWER LINE TRAILS;
 AND
   (B) THE CONTACT INFORMATION FOR A DESIGNEE OF THE UTILITY  CORPORATION
 WHO  A  MUNICIPAL  GOVERNMENT  CAN CONTACT TO DISCUSS THE POSSIBILITY OF
 CONSTRUCTING SUCH POWERLINE TRAILS.
   3. A UTILITY CORPORATION SHALL ONLY BE REQUIRED TO  NOTIFY  A  MUNICI-
 PALITY OF THE POTENTIAL FOR THE CONSTRUCTION OF A POWERLINE TRAIL PURSU-
 ANT TO SUBDIVISION TWO OF THIS SECTION IF:
   (A) THE TRANSMISSION LINE WILL BE EXTENDED BY MORE THAN ONE MILE; OR
   (B)  THE TRANSMISSION LINE CAPACITY WILL BE INCREASED BY MORE THAN TEN
 PERCENT.
 A. 8311--A                          3

   § 3. Section 1005 of the public authorities law is amended by adding a
 new subdivision 31 to read as follows:
   31.  (A) THE AUTHORITY, AS THE OWNER, OCCUPANT, OR LESSEE OF A UTILITY
 CORRIDOR OR THE HOLDER OF AN EASEMENT OR RIGHT-OF-WAY COVERING A UTILITY
 CORRIDOR, MAY ENTER INTO A  WRITTEN  CONTRACT  WITH  A  MUNICIPALITY  OR
 PRIVATE  LANDOWNER  TO  CONSTRUCT AND MAINTAIN POWERLINE TRAILS COVERING
 ALL OR SOME OF SUCH UTILITY CORRIDOR.
   (B) THE AUTHORITY SHALL DEVELOP AND MAINTAIN  INFORMATIONAL  RESOURCES
 ON ITS WEBSITE TO ENCOURAGE, FACILITATE, AND STREAMLINE THE CONSTRUCTION
 OF  NEW  POWERLINE TRAILS IN UTILITY CORRIDORS THAT ARE SUITABLE FOR THE
 CONSTRUCTION AND MAINTENANCE OF A POWERLINE  TRAIL.  SUCH  INFORMATIONAL
 RESOURCES, AT A MINIMUM, SHALL:
   (I) IDENTIFY UTILITY CORRIDORS SUITABLE FOR THE CREATION OF POWER LINE
 TRAILS;
   (II)  PROVIDE  THE CONTACT INFORMATION FOR A DESIGNEE OF THE AUTHORITY
 WHO A MUNICIPAL GOVERNMENT CAN CONTACT TO  DISCUSS  THE  POSSIBILITY  OF
 CONSTRUCTING SUCH POWERLINE TRAILS; AND
   (III) BE REVIEWED AND REVISED PERIODICALLY BY THE AUTHORITY.
   (C)  DURING  THE  DESIGN  AND  CONSTRUCTION  OF A POWERLINE TRAIL, THE
 AUTHORITY AND MUNICIPAL GOVERNMENT SHALL CONSULT AND COORDINATE WITH THE
 OFFICE OF PARKS,  RECREATION,  AND  HISTORIC  PRESERVATION  TO  MINIMIZE
 ADVERSE IMPACTS ON:
   (I)  STATE AND FEDERALLY RECOGNIZED THREATENED AND ENDANGERED SPECIES;
 AND
   (II) HABITATS OF CONSERVATION CONCERN.
   (D) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  NOTHING  IN
 THIS SECTION SHALL:
   (I)  REQUIRE  THE  AUTHORITY  TO  ALLOW A POWERLINE TRAIL OR ANY OTHER
 FACILITY ON ITS UTILITY CORRIDOR; OR
   (II) REQUIRE A PUBLIC OR PRIVATE LANDOWNER WHOSE PROPERTY IS  ADJACENT
 TO  OR  INCLUSIVE  OF  A  UTILITY CORRIDOR TO ALLOW PUBLIC ACCESS TO ANY
 PORTION OF THE LANDOWNER'S PROPERTY.
   (E) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (I)  "UTILITY  CORRIDOR"  MEANS  A  TRACT  OF LAND OWNED, OCCUPIED, OR
 LEASED BY THE AUTHORITY, OR COVERED BY AN EASEMENT OR RIGHT-OF-WAY  HELD
 BY  THE  AUTHORITY,  WHERE AN ELECTRIC TRANSMISSION LINE IS CONSTRUCTED,
 OPERATED, OR MAINTAINED AT A VOLTAGE OF SIXTY-FIVE KILOVOLTS OR HIGHER.
   (II) "POWERLINE TRAIL" MEANS A MULTI-USE TRAIL THAT IS:
   (A) USED FOR RECREATIONAL OR TRANSPORTATION PURPOSES IN A MANNER  THAT
 DOES NOT INVOLVE A MOTOR VEHICLE; AND
   (B) LOCATED IN AN EXISTING OR FUTURE UTILITY CORRIDOR.
   (III)  "MUNICIPALITY" MEANS A COUNTY, CITY, TOWN OR VILLAGE LOCATED IN
 THIS STATE.
   § 4. Section 1020-f of the public authorities law, as added by chapter
 517 of the laws of 1986, is amended by adding a new subdivision (ll)  to
 read as follows:
   (LL) 1. AS THE OWNER, OCCUPANT, OR LESSEE OF A UTILITY CORRIDOR OR THE
 HOLDER  OF  AN  EASEMENT OR RIGHT-OF-WAY COVERING A UTILITY CORRIDOR, TO
 ENTER INTO A WRITTEN CONTRACT WITH A MUNICIPALITY OR  PRIVATE  LANDOWNER
 TO  CONSTRUCT AND MAINTAIN POWERLINE TRAILS COVERING ALL OR SOME OF SUCH
 UTILITY CORRIDOR.
   2. THE AUTHORITY SHALL DEVELOP AND MAINTAIN INFORMATIONAL RESOURCES ON
 ITS WEBSITE TO ENCOURAGE, FACILITATE, AND STREAMLINE THE CONSTRUCTION OF
 NEW POWERLINE TRAILS IN UTILITY CORRIDORS  THAT  ARE  SUITABLE  FOR  THE
 A. 8311--A                          4
 
 CONSTRUCTION  AND  MAINTENANCE  OF A POWERLINE TRAIL. SUCH INFORMATIONAL
 RESOURCES, AT A MINIMUM, SHALL:
   (I) IDENTIFY UTILITY CORRIDORS SUITABLE FOR THE CREATION OF POWER LINE
 TRAILS;
   (II)  PROVIDE  THE CONTACT INFORMATION FOR A DESIGNEE OF THE AUTHORITY
 WHO A MUNICIPAL GOVERNMENT CAN CONTACT TO  DISCUSS  THE  POSSIBILITY  OF
 CONSTRUCTING SUCH POWERLINE TRAILS; AND
   (III) BE REVIEWED AND REVISED PERIODICALLY BY THE AUTHORITY.
   3.  DURING  THE  DESIGN  AND  CONSTRUCTION  OF  A POWERLINE TRAIL, THE
 AUTHORITY AND MUNICIPAL GOVERNMENT SHALL CONSULT AND COORDINATE WITH THE
 OFFICE OF PARKS,  RECREATION,  AND  HISTORIC  PRESERVATION  TO  MINIMIZE
 ADVERSE IMPACTS ON:
   (I)  STATE AND FEDERALLY RECOGNIZED THREATENED AND ENDANGERED SPECIES;
 AND
   (II) HABITATS OF CONSERVATION CONCERN.
   4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE  CONTRARY,  NOTHING  IN
 THIS SECTION SHALL:
   (I)  REQUIRE  THE  AUTHORITY  TO  ALLOW A POWERLINE TRAIL OR ANY OTHER
 FACILITY ON ITS UTILITY CORRIDOR; OR
   (II) REQUIRE A PUBLIC OR PRIVATE LANDOWNER WHOSE PROPERTY IS  ADJACENT
 TO  OR  INCLUSIVE  OF  A  UTILITY CORRIDOR TO ALLOW PUBLIC ACCESS TO ANY
 PORTION OF THE LANDOWNER'S PROPERTY.
   5. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (I)  "UTILITY  CORRIDOR"  MEANS  A  TRACT  OF LAND OWNED, OCCUPIED, OR
 LEASED BY THE AUTHORITY, OR COVERED BY AN EASEMENT OR RIGHT-OF-WAY  HELD
 BY  THE  AUTHORITY,  WHERE AN ELECTRIC TRANSMISSION LINE IS CONSTRUCTED,
 OPERATED, OR MAINTAINED AT A VOLTAGE OF SIXTY-FIVE KILOVOLTS OR HIGHER.
   (II) "POWERLINE TRAIL" MEANS A MULTI-USE TRAIL THAT IS:
   (1) USED FOR RECREATIONAL OR TRANSPORTATION PURPOSES IN A MANNER  THAT
 DOES NOT INVOLVE A MOTOR VEHICLE; AND
   (2) LOCATED IN AN EXISTING OR FUTURE UTILITY CORRIDOR.
   (III)  "MUNICIPALITY" MEANS A COUNTY, CITY, TOWN OR VILLAGE LOCATED IN
 THIS STATE.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Assembly Bill A8311A

Sponsored By

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

multi-Sponsors

2023-A8311 - Details

2023-A8311 - Summary

2023-A8311 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2023-A8311A (ACTIVE) - Details

2023-A8311A (ACTIVE) - Summary

2023-A8311A (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A8311A

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Sponsored By

FAHY

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Fred Thiele

Rebecca Seawright

Jen Lunsford

Gina Sillitti

multi-Sponsors

Jo Anne Simon

2023-A8311 - Details

2023-A8311 - Summary

2023-A8311 - Bill Text download pdf

co-Sponsors

Fred Thiele

Rebecca Seawright

Jen Lunsford

Gina Sillitti

multi-Sponsors

Jo Anne Simon

2023-A8311A (ACTIVE) - Details

2023-A8311A (ACTIVE) - Summary

2023-A8311A (ACTIVE) - Bill Text download pdf

Comments