Assembly Bill A5520

2011-2012 Legislative Session

Authorizes the lease of lands adjacent to state, public authority and local highways for operation of wind or solar electric generating systems

download bill text pdf

Sponsored By

Archive: Last 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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2011-A5520 (ACTIVE) - Details

See Senate Version of this Bill:
S1341
Current Committee:
Assembly Transportation
Law Section:
Highway Law
Laws Affected:
Amd §§10, 102 & 140, Hway L; amd §1265, Pub Auth L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10243, S7734
2013-2014: A5623, S401
2015-2016: A6297, S1837
2017-2018: A2506, S2930
2019-2020: A3206

2011-A5520 (ACTIVE) - Summary

Authorizes the lease of lands adjacent to state, county and town highways for operation of wind or solar electric generating systems; authorizes the metropolitan transportation authority to enter into such leases.

2011-A5520 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5520

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2011
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, HOOPER, BOYLAND, GUNTHER, SCHIMEL,
  GIBSON, JAFFEE, AUBRY,  MAISEL,  CASTRO,  BARRON,  LIFTON,  MARKEY  --
  Multi-Sponsored  by -- M. of A. BOYLE, BRENNAN, CRESPO, LAVINE, MAGEE,
  McENENY, PERRY, PHEFFER, REILLY, SWEENEY,  THIELE  --  read  once  and
  referred to the Committee on Transportation

AN  ACT to amend the highway law, in relation to authorizing the leasing
  of land adjacent to state and local highways for the  purpose  of  the
  construction  and  operation  of  solar  and  wind electric generating
  systems; and to amend the  public  authorities  law,  in  relation  to
  granting such authorization to the metropolitan transportation author-
  ity

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 10 of the highway law is amended by  adding  a  new
subdivision 38-a to read as follows:
  38-A.  HAVE  THE  POWER TO LEASE, FOR A TERM NOT TO EXCEED NINETY-NINE
YEARS, THE PROPERTY RIGHTS  IN  AIR  SPACE,  AND/OR  UNUSED  SURFACE  OR
SUBSURFACE  SPACE  IN CONNECTION WITH ANY STATE-OWNED PROPERTY UNDER HIS
OR HER  JURISDICTION  OR  OTHER  PROPERTY  ACQUIRED  FOR  STATE  HIGHWAY
PURPOSES.  SUCH LEASES SHALL BE FOR THE PURPOSES OF THE CONSTRUCTION AND
OPERATION OF SOLAR AND/OR WIND ELECTRIC GENERATING SYSTEMS. SUCH SYSTEMS
MAY BE MOUNTED UPON SOUND BARRIERS, RETAINING WALLS,  OPEN  UNOBSTRUCTED
AREAS,  PARKING LOTS, BRIDGES, BRIDGE STRUCTURES, SIGNS, SIGN STRUCTURES
AND UPON ANY OTHER AREA UPON THE LEASED REAL PROPERTY. THE  CONSTRUCTION
AND OPERATION OF SOLAR AND WIND ELECTRIC GENERATING SYSTEMS SUBJECT TO A
LEASE  AUTHORIZED  BY  THIS  SUBDIVISION  SHALL  BE SUBJECT TO STATE AND
FEDERAL LAW, RULES AND REGULATIONS, BUT SHALL  NOT  BE  SUBJECT  TO  ANY
LOCAL  LAW,  RESOLUTION, ORDINANCE, RULE OR REGULATION. THE TERMS OF ANY
SUCH LEASE SHALL BE DETERMINED BY THE COMMISSIONER AND SHALL BE  SUBJECT
TO  THE  APPROVAL  OF  THE  ATTORNEY GENERAL. IN ORDER TO CARRY ANY SUCH
LEASE INTO EFFECT, THE COMMISSIONER IS HEREBY AUTHORIZED TO EXECUTE  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03018-01-1
              

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