Bill S401-2013

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

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.

Details

Actions

  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jan 9, 2013: REFERRED TO TRANSPORTATION

Memo

BILL NUMBER:S401

TITLE OF BILL: 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 authority

PURPOSE: To authorize the lease of lands adjacent to state and county highways for operation of wind or solar electric generating systems.

SUMMARY OF PROVISIONS: Section 1 amends Section 10 of the highway law by adding a new subdivision 38-a.

Section 2 amends Section 102 of the highway law by adding a new subdivision 19.

Section 3 amends Section 140 of the highway law by adding a new subdivision 20.

JUSTIFICATION: This legislation will help to spur economic opportunities in alternative energy as well as energy independence by creating a mechanism for the leasing of lands adjacent to state and county highways for operation of wind or solar electric generating systems.

Other states have already pioneered the use of highway right of ways for siting alternative solar energy generating systems. In 2008, the State of Oregon installed the country's first solar project in a highway right of way. The project consists of a 104 kW solar photovoltaic system that covers 8,000 square feet- roughly the length of two football fields- and produces 112,000 kWh each year. The solar panels produce electricity during the day, giving the power to the PGE grid, and getting the equivalent amount of power back at night from PGE to power lighting on the highway_ Electricity for the highway interchange is provided by PGE and the added solar power is handled through a net metering arrangement A live monitoring log is at: http://www.live.declunonitoring.com/?id=solarhighway

Sacramento Municipal Utility District in California will also be building solar arrays along state highways, starting with a 1.5-megawatt project along Highway 50. This solar highway project received $5 million in federal funding in January 2010, authorized by the American Recovery and Reinvestment Act of 2009.

New technologies also exist for solar panels that double as sound walls reducing highway noise near residential neighborhoods. Solar sound bathers are in used in Switzerland, Germany and Australia.

LEGISLATIVE HISTORY:

2011-12: S.1341/A.5520 2010: S.7734/A.10243

FISCAL IMPLICATIONS: No fiscal implications.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 401 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. DILAN -- read twice and ordered printed, and when printed to be committed 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 DELIVER, IN THE NAME OF THE PEOPLE OF THE STATE, A LEASE TO SUCH PROPER- TY RIGHTS. EACH SUCH INSTRUMENT OF LEASE SHALL BE PREPARED BY THE ATTOR-
NEY GENERAL. NO SUCH LEASE BY THE COMMISSIONER SHALL DEPRIVE AN ABUTTING LANDOWNER OF HIS OR HER RIGHT OF ACCESS. S 2. Section 102 of the highway law is amended by adding a new subdi- vision 19 to read as follows: 19. HAVE THE POWER, SUBJECT TO THE APPROVAL OF THE COUNTY GOVERNING BODY, 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 COUNTY-OWNED PROPERTY UNDER HIS OR HER JURISDICTION OR OTHER PROPERTY ACQUIRED FOR COUNTY ROAD 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, BRIDG- ES, 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 COUNTY SUPERINTENDENT, AND SHALL BE SUBJECT TO THE APPROVAL OF THE COUNTY GOVERNING BODY. SUCH LEASE BY THE COUNTY SUPER- INTENDENT SHALL NOT DEPRIVE AN ABUTTING LANDOWNER OF HIS OR HER RIGHT OF ACCESS. S 3. Section 140 of the highway law is amended by adding a new subdi- vision 20 to read as follows: 20. HAVE THE POWER, SUBJECT TO THE APPROVAL OF THE TOWN BOARD, 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 TOWN-OWNED PROPERTY UNDER HIS OR HER JURISDICTION OR OTHER PROPERTY ACQUIRED FOR TOWN ROAD 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 SUBDI- VISION 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 TOWN SUPERINTENDENT, AND SHALL BE SUBJECT TO THE APPROVAL OF THE TOWN BOARD. SUCH LEASE BY THE TOWN SUPERINTENDENT SHALL NOT DEPRIVE AN ABUT- TING LANDOWNER OF HIS OR HER RIGHT OF ACCESS. S 4. Section 1265 of the public authorities law is amended by adding a new subdivision 15 to read as follows: 15. 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 AUTHORITY OWNED PROPERTY OR OTHER PROPERTY ACQUIRED FOR AUTHORITY 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 STRUC- TURES, 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
AUTHORITY. SUCH LEASE BY THE AUTHORITY SHALL NOT DEPRIVE AN ABUTTING LANDOWNER OF HIS OR HER RIGHT OF ACCESS. S 5. This act shall take effect immediately.

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