§ 9-2101. Health and safety land account creation and use.

1. Definitions. For purposes of this section:

a. "eligible project" means a public health or safety-related project
necessary where no viable alternative exists, limited to the following:

(i) address bridge hazards to improve public safety on county highways
and town highways;

(ii) elimination of the hazards of dangerous curves and grades on
county and town highways to improve public safety;

(iii) relocation, maintenance, and reconstruction of county highways
and town highways, including associated culverts, for the purpose of
addressing public safety provided that no relocation of any single
relocated portion shall exceed one mile in length;

(iv) water wells and necessary appurtenances when such wells are
necessary to meet drinking water quality standards and are located
within five hundred thirty feet of state highways, county highways and
town highways; and

(v) stabilization devices for an existing utility pole adjacent to, or
no more than the minimum distance from the width of highway necessary to
comply with standard safety practices.

Eligible projects shall not include the use of chemicals/herbicides
for clearing state land; the removal of trees and vegetation shall be
minimized and the area shall promptly be restored to pre-project
conditions to the maximum extent practicable.

b. "county highway" shall have the same meaning as defined in
subdivision four of section three of the highway law.

c. "forest preserve expansion fund" shall mean the fund established
pursuant to section ninety-seven-e of the state finance law.

d. "project sponsor" means a town, village, or county located in the
counties of Clinton, Delaware, Essex, Franklin, Fulton, Greene,
Hamilton, Herkimer, Lewis, Oneida, Saratoga, Saint Lawrence, Sullivan,
Ulster, Warren and Washington.

e. "no viable alternative" means that no other option exists for the
eligible project to address ongoing public health or safety concerns
other than through the use of state lands.

f. "state highway" means a state highway as defined in subdivisions
one, two and three of section three of the highway law.

g. "state lands" means lands owned by the state in forest preserve
counties that are under the jurisdiction of the department.

h. "town highway" means a town highway, as defined in subdivision five
of section three of the highway law, in existence as of January first,
two thousand fifteen, listed on the local highway inventory maintained
by the department of transportation, and annually plowed and regularly
maintained.

i. "width of the highway" shall have the same meaning as paragraph k
of subdivision one of section 9-2103 of this title.

2. Following approval by the legislature of two hundred fifty acres of
land to be added to the forest preserve, a health and safety land
account of not more than two hundred fifty acres is created for use by
project sponsors for eligible projects necessary to protect health and
safety where no viable alternative is available. The account will be
administered by the department.

3. A project sponsor with an eligible project may apply to the health
and safety land account to receive fractional or whole acreage for an
eligible project. Such application shall include:

a. a resolution from the governing body of the project sponsor that
includes:

(i) attestation that the project is necessary to address public health
or safety and no viable alternatives exist;

(ii) attestation that such lands will only be used for eligible
purposes and that any real property acquired shall not be sold, leased,
exchanged, donated or otherwise disposed of or used for other than the
eligible purposes for which it was approved without the express
authority of an act of the legislature.

b. a detailed summary of the proposed eligible project, including the
whole action and all related activities, a detailed summary of the
alternatives the project sponsor explored prior to arriving at the
conclusion there were no viable alternatives;

c. specific metes and bounds, including total proposed acreage;

d. a narrative about the project, including a justification that the
size of the fractional or whole acreage sought for such eligible project
from the health and safety land account is the minimum amount required;

e. monies at least equivalent to the fair market value of the state
land proposed to be conveyed;

f. any necessary permits and authorizations; and,

g. an accurate survey.

4. Immediately upon determining that an application is complete, the
department shall cause a notice of application, which shall also include
the time period for public comments, to be published in the next
available state register and environmental notice bulletin as well as in
a newspaper having general circulation in the area in which the eligible
project is proposed to be located. Newspaper publications shall be
provided by the project sponsor.

5. The department shall hold a public hearing on each eligible project
at which the public shall be given an opportunity to be heard.

6. The department, following consultation with the department of
transportation to determine that any required authorization has been
provided, shall only deem a project sponsor eligible to receive
fractional or whole acreage from the health and safety land account
following a determination that:

a. the project meets the eligible project criteria, is necessary to
protect public health or safety and the eligible project has no viable
alternative on land not owned by the state;

b. the project minimizes adverse environmental impact to the maximum
extent practicable;

c. the project will not adversely impact viewsheds or lands with
historical, ecological, environmental or recreational value, as
determined by the department based on a resource inventory and
assessment;

d. the monies to be paid by the project sponsor into the forest
preserve expansion fund, are at least equivalent to the fair market
value of the state land proposed to be conveyed; and

e. the project minimizes the fractional or whole acreage from the
health and safety land account to the maximum extent practicable.

7. Once an application has been approved the commissioner shall cause
to be prepared an accurate survey map showing the boundaries of all
state land proposed to be conveyed and shall notify the legislature.

8. a. Prior to the actual transfer of title or issuance of letters
patent for an eligible project that is longer than one quarter mile that
has been approved by the department, the legislature shall approve each
eligible project and the monies to be paid into the forest preserve
expansion fund equal to or greater than the fair market value of the
acreage to be conveyed from the health and safety land account. Once
approved by the legislature, title to the land shall be approved and the
deed to the people of the state of New York of any lands dedicated shall
be approved by the attorney general as to form and manner of execution
and recordability prior to its delivery.

b. Prior to the actual transfer of title or issuance of letters patent
for an eligible project that is less than one quarter linear mile total,
which shall run and be measured parallel to the county highway or town
highway, and which runs no more than ten feet perpendicular beyond the
width of the highway which shall mean three rods or the deeded, recorded
municipal or state right of way or municipal or state easement in the
existence as of January first, two thousand fifteen and, which has been
approved by the department, title to land shall be approved and the deed
to the people of the state of New York of any lands dedicated shall be
approved by the attorney general as to form and manner of execution and
recordability prior to its delivery.

9. Real property acquired, developed, improved, restored or
rehabilitated by or through a project sponsor pursuant to this section
shall not be leased, exchanged, donated or otherwise disposed of or used
for other than the eligible project for which it was approved without
the express authority of an act of the legislature. When the project
sponsor determines such eligible project is no longer needed, the lands
shall revert to the state for inclusion in the forest preserve. The
department shall prescribe the terms and conditions for the removal of
any improvements to the land and restoration of the land to a natural,
vegetative state.