NY State Senate Bill 2023-S9393

Senate Bill S9393

Signed By Governor

2023-2024 Legislative Session

Authorizes the county of Monroe to provide for an easement across Lehigh Valley Trail Park, for ingress and egress to and from the project site and installation of a medium voltage cable

download bill text pdf

Current Bill Status Via A10129 - Signed by Governor

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 28, 2024	signed chap.257
Aug 20, 2024	delivered to governor
Jun 03, 2024	returned to assembly passed senate home rule request 3rd reading cal.1598 substituted for s9393
Jun 03, 2024	substituted by a10129a
May 30, 2024	ordered to third reading cal.1598 committee discharged and committed to rules
May 14, 2024	referred to local government

Votes

- Jun 3, 2024 - Floor Vote
  A10129
  
  57
  
  Aye
  
  3
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 3, 2024
      
      aye (57)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Breslin
      
      Brisport
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      nay (3)
      
      Borrello
      
      Griffo
      
      Oberacker
      
      excused (2)
      
      Brouk
      
      Walczyk
  May 30, 2024 - Rules Committee Vote
  S9393
  
  19
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 30, 2024
      
      aye (19)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (1)
      
      Helming

2023-S9393 (ACTIVE) - Details

See Assembly Version of this Bill:: A10129
Law Section:: Parks

2023-S9393 (ACTIVE) - Summary

Authorizes the county of Monroe to convey appropriate instruments to EH Henrietta Solar 1 LLC and EH Henrietta Solar 2 LLC for an easement across Lehigh Valley Trail Park, for ingress and egress to and from the project site and installation of a medium voltage cable; makes related provisions.

2023-S9393 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9393

SPONSOR: COONEY
 
TITLE OF BILL:

An act in relation to authorizing the county of Monroe to convey appro-
priate instruments to EH Henrietta Solar 1 LLC and EH Henrietta Solar 2
LLC for an easement across Lehigh Valley Trail Park, for ingress and
egress to and from the project site and installation of a medium voltage
cable

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 authorizes the County of Monroe (the "County") to grant to EH
Henrietta Solar 1 LLC and EH Henrietta Solar 2 LLC an easement across
Lehigh Valley Trail Park. The purpose of the easement is to install,
operate, and maintain an access road for ingress and egress for pedes-
trians, vehicles, and equipment, together with the right to install,
operate, and maintain a subsurface medium voltage cable for a solar farm
located on a landlocked parcel adjaCent to the Lehigh Valley Trail. Upon
completion of the improvements, the land shall continue use as a park
and any disturbances to the surface of the land due to the subsurface
medium voltage cable shall be restored.

Section 2 provides that alienation authorization shall be effective only
upon the condition that the county of Monroe dedicate the fair market
value of the easement toward the acquisition of new parklands and/or
capital improvements to existing park and recreational facilities.

Section 3 includes the description of the easement.

Section 4 provides that if the lands benefited by the easement cease to
be used for solar energy production, the easement shall terminate.  At
the time of such termination, the removal of the access road and subsur-
face cable shall take place and the property shall be returned to its
previous state, consistent with park and recreational purposes.

Section 5 conditions the transfer upon the County with applicable feder-
al requirements pertaining to the alienation or conversion of parklands.

Section 6 is the effective date.

 
JUSTIFICATION:

New York State has a comprehensive and ambitious goal of achieving 70%
renewably sourced electricity by 2030 and a zero-emission electric grid
by 2040. GreenSpark Solar is a company fully committed to this objec-
tive. As always, actions speak louder than words, and GreenSpark Solar's
actions in the solar sector have been remarkable.

In this regard, GreenSpark Solar and the Project Companies, EH Henrietta
Solar 1 LLC and EH Henrietta Solar 2 LLC, have planned for the develop-
ment of ground-mounted photovoltaic solar arrays located off Middle Road
in the Town of Henrietta. The parcel is directly south of the New York
State Thruway.

The EH Henrietta Solar 1 project is a 6.739 MW-DC, 5 MW-AC array. The EH
Henrietta Solar 2 project is a 2.414 MW-DC, 1.875-AC array. The power
generated by each project will support Community Solar Array subscribers
through a net-metering agreement. The clean energy produced by the solar
panels goes directly into the electric grid for distribution by the
local utility company. Community Solar subscribers receive a bill credit
for a share of the renewable energy net-metering credit.

Sustainable Energy Developments, Inc., D.B.A GreenSpark Solar will
construct and operate the projects. The arrays will have two points of
interconnection to the Rochester Gas & Electric utility grid.

The EH Henrietta Solar 1 project will have approximately 12,272 modules,
and the EH Henrietta Solar 2 project will have approximately 3,193
modules on a ground-mounted pier driven racking system.  Together the
projects will occupy approximately 32.78 acres of the 55.38-acre trail-
adjacent parcel.

The Lehigh Valley Trail easement described in the bill is essential to
the success of each of these projects, as it would serve as the sole
access point to the landlocked parcel on which the projects will be
sited.

These projects constitute an important contribution to achieving the
State's 2030 and 2040 renewable energy goals. They will directly support
the local community through a PILOT agreement. They will also provide a
significant contribution toward the construction of amenities at Veter-
ans Memorial Park in the Town of Henrietta, as memorialized in the
Town's approval of the Incentive Zoning Application 1Z2023-001 submitted
in connection with this Project.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9393 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9393
 
                             I N  S E N A T E
 
                               May 14, 2024
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT in relation to authorizing the county of Monroe to convey  appro-
   priate  instruments to EH Henrietta Solar 1 LLC and EH Henrietta Solar
   2 LLC for an easement across Lehigh Valley Trail Park, for ingress and
   egress to and from the project site and installation of a medium volt-
   age cable
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The county of Monroe, acting by and through its governing
 body, is hereby authorized to convey by appropriate  instruments  to  EH
 Henrietta Solar 1 LLC and EH Henrietta Solar 2 LLC, and their successors
 and/or  assigns,  an  easement  across Lehigh Valley Trail Park, as more
 particularly described in section three of  this  act,  to  install  and
 maintain an access road for ingress and egress, and to install, operate,
 and  maintain  a  subsurface cable to facilitate electric grid intercon-
 nection, provided that the thoroughfare shall be publicly accessible and
 able to be used for park purposes. Upon completion of the  improvements,
 the  land  shall  continue to be used for park purposes and any disturb-
 ances to the surface of the land due to the subsurface  cable  shall  be
 restored  by  EH Henrietta Solar 1 LLC and EH Henrietta Solar 2 LLC, and
 their successors and/or assigns.
   § 2. The authorization provided in section one of this  act  shall  be
 effective only upon the condition that the county of Monroe dedicate the
 fair  market  value  of the easement toward the acquisition of new park-
 lands and/or capital improvements  to  existing  park  and  recreational
 facilities.
   §  3.  The easement to be conveyed by the county of Monroe pursuant to
 the provisions of this act is described as follows:
   All that tract or parcel of land, situate in the  town  of  Henrietta,
 county  of  Monroe,  state  of  New York, being part of lot 21, range 3,
 township 12, particularly bounded and described as follows:
   Commencing at a point in the division line between the lands of  Lehr-
 wood  Estates,  LLC  (reputed  owner),  Liber 12459 at page 515 (Tax No.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15454-03-4
 S. 9393                             2
 
 189.02-1-5), on the west with the lands of the County Of Monroe (reputed
 owner), Liber 7217 at page 35 (Tax No. 189.04-1-49), on the  east,  said
 point  also  being  in  the southerly right-of-way of the New York State
 Thruway Authority (I-90); thence
   South  08°37'21"  west,  along said division line, a distance of 42.37
 feet to the point of beginning; thence
   North 87°55'42" east, through said property of the County Of Monroe, a
 distance of 67.17 feet to a point in the division line between the lands
 of Lehrwood Estates, LLC (reputed owner), Liber 12459 at page  515  (Tax
 No.  189.02-1-5),  on  the  east with said lands of the County Of Monroe
 (reputed owner), Liber 7217 at page 35 (Tax  No.  189.04-1-49),  on  the
 west; thence
   South  08°37'21"  west,  along said division line, a distance of 40.71
 feet to a point; thence
   South 87°55'42" west, through said property of the County Of Monroe, a
 distance of 67.17 feet to a point; thence
   North 08°37'21" east, along said first division line,  a  distance  of
 40.71  feet  to  the  point of beginning. Containing 0.062 acres more or
 less.
   § 4. Should the subsurface cable cease to be used  for  electric  grid
 interconnection,  the  easement  shall  terminate.  At  the time of such
 termination, the removal of the access road and subsurface  cable  shall
 take  place  and  the  property shall be returned to its previous state,
 consistent with park and recreational purposes.
   § 5. The conveyance of the easement authorized by  the  provisions  of
 this  act  shall  not occur until the county of Monroe has complied with
 any applicable federal requirements  pertaining  to  the  alienation  or
 conversion of parklands, including satisfying the secretary of the inte-
 rior  that  the  alienation  or  conversion complies with all conditions
 which the secretary of the interior deems necessary to ensure  that  the
 substitution  of  other  lands or monetary compensation be equivalent in
 fair market value and recreational usefulness to the lands being  alien-
 ated or converted.
   § 6. This act shall take effect immediately.

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