NY State Senate Bill 2023-S7891

Current Bill Status - In Senate Committee Energy And Telecommunications 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
Jan 03, 2024	referred to energy and telecommunications

2023-S7891 (ACTIVE) - Details

See Assembly Version of this Bill:: A8311
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §§53-b & 131, Pub Serv L; amd §§1005 & 1020-f, Pub Auth L

2023-S7891 (ACTIVE) - 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-S7891 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7891

SPONSOR: HARCKHAM
 
TITLE OF BILL:

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

 
PURPOSE:

Amends the public service law and the public authorities law to estab-
lish that electric utility providers, including the Power Authority of
the State of New York and the Long Island Power Authority, may enter
into contracts to establish recreational trails in utility corridors and
to require that utility providers make information regarding the poten-
tial for such trails accessible to the public and to municipalities.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public service law by adding a new section 53-b,
authorizing utilities to enter into agreements with local governments to

create powerline trails and requiring utilities to provide information
resources on the possibility of powerline trails. Utility corporations
and municipalities must consult with the office of parks, recreation,
and historical preservation regarding construction of a powerline trail.

Section 2 amends the public service law to require utilities to notify
local governments of potential trails once they have been approved by
the public service commission for siting new power lines.

Section 3 amends the public authorities law to authorize the Power
Authority of the State of New York to enter into agreements with local
governments to create powerline trails and to require the Authority to
provide information resources on the possibility of powerline trails.

Section 4 amends the public authorities law to authorize the Long Island
Power Authority to enter into agreements with local governments to
create powerline trails and to require the Authority to provide informa-
tion resources on the possibility of powerline trails.

Section 5 states the effective date.

 
JUSTIFICATION:

There are hundreds of miles of transmission lines in New York State.
Several communities in the state have partnered with local utilities to
develop multi-use trails underneath these powerlines. The Albany-Hudson
Electric Trail and the North Shore Rail Trail take advantage of this
under-utilized land, providing opportunities for recreation and trans-
portation away from car traffic. Developing more multi-use powerline
trails would expand the statewide trail network, which generates econom-
ic activity in communities across New York State.

In 2022, Colorado passed a law to encourage and facilitate the adoption
of powerline trails in its state. New York should become the second
state to do so, taking advantage of our utility corridors to promote
recreation, transportation, and economic activity.

This legislation facilitates the creation of powerline trails by explic-
itly acknowledging the right of utilities to enter into agreements with
entities interested in developing such trails. By requiring utilities to
provide information regarding the potential for a powerline trail to the
public and to municipalities, the bill would streamline the development
of these trails. This legislation would not require any utility to allow
a trail under its transmission line - instead, it simply requires infor-
mation-sharing that would encourage the creation of powerline trails in
New York State.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

NA

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2023-S7891 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7891
 
                             I N  S E N A T E
 
                              January 3, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 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:
   (A) STATE AND FEDERALLY RECOGNIZED THREATENED AND ENDANGERED  SPECIES;
 AND
   (B) HABITATS OF CONSERVATION CONCERN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13590-02-4
 S. 7891                             2
 
   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
 PRIVATE LANDOWNER TO CONSTRUCT AND MAINTAIN  POWERLINE  TRAILS  COVERING
 ALL OR SOME OF SUCH UTILITY CORRIDOR.
 S. 7891                             3
 
   (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
 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.
 S. 7891                             4
 
   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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Senate Bill S7891

Sponsored By

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

2023-S7891 (ACTIVE) - Details

2023-S7891 (ACTIVE) - Summary

2023-S7891 (ACTIVE) - Sponsor Memo

2023-S7891 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7891

Share this bill

Sponsored By

Pete Harckham

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

2023-S7891 (ACTIVE) - Details

2023-S7891 (ACTIVE) - Summary

2023-S7891 (ACTIVE) - Sponsor Memo

2023-S7891 (ACTIVE) - Bill Text download pdf

Comments