Authorizes the commissioner of environmental conservation to grant utility easements within a reforestation area upon certain findings.

---

S4759-2011 Actions

• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Apr 20, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S4759-2011 Memo

BILL NUMBER:S4759

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the granting
of utility easements within reforestation areas

PURPOSE:
To authorize the issuance of a permit to allow for a utility easement
along a public roadway on state owned reforestation land.

SUMMARY OF PROVISIONS:
The bill adds a new Section 9-0511 of the Environmental Conservation
Law to provide that DEC may issue a permit for the placement of
utility lines along a public roadway right of way in instances where
the municipal entity holding the right of way includes the placement
of utilities.
In order to issue the permit, DEC must review the proposed easement
for environmental compatibility and determine that there will be no
significant impact on the environment when considered in light
of likely alternative energy sources. (i.e., a propane tank and/or a
generator.)

EXISTING LAW:
Existing law does not provide authority for DEC to issue easements
along public right of ways in state owned reforestation lands to
private landowners.

JUSTIFICATION:
Article 9 of the Environmental Conservation law has been interpreted
by DEC to prohibit DEC from issuing a right of way for utility
purposes through an existing public roadway in order to provide
utility service to private individuals who own cabins within the
reforestation land.
Section 9-0501 of the ECL provides that reforestation lands consist of
lands of at least 500 contiguous acres which are forever devoted to
the planting, growing, and harvesting of trees. Many of these
reforestation areas were acquired with existing residential cabins,
and public roadways. In instances where a cabin owner wishes to
provide utility service to his residence, he is often forced to opt
for the use of a generator as an alternative power source. This
alternative
power source actually may result in greater environmental stress than
electric service. There are an increasing number of individuals who
are turning former seasonal cabins into year round homes for
retirement usage which could utilize utility service.

LEGISLATIVE HISTORY:
2009 - S.3617, A.7140

FISCAL IMPLICATIONS:
Minimal cost based on review process and permit issuance.

EFFECTIVE DATE:
Immediately.

S4759-2011 Text

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

                                    4759

                         2011-2012 Regular Sessions

                              I N  SENATE

                               April 20, 2011
                                 ___________

  Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
    printed to be committed to the Committee on Environmental Conservation

  AN ACT to amend the environmental conservation law, in relation  to  the
    granting of utility easements within reforestation areas

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


    Section 1. The environmental conservation law is amended by  adding  a
  new section 9-0511 to read as follows:

  S 9-0511. UTILITY EASEMENTS.
    THE  COMMISSIONER  IS HEREBY AUTHORIZED TO GRANT UTILITY EASEMENTS FOR
  FAIR MARKET VALUE WITHIN A REFORESTATION AREA FOR THE PURPOSE OF PROVID-
  ING ELECTRICAL POWER TO PERSONS RESIDING WITHIN SUCH  AREA.  SUCH  EASE-
  MENTS  SHALL  BE  LIMITED  TO PLACEMENT WITHIN THE FOOTPRINT OF A PUBLIC
  ROADWAY. ANY SUCH EASEMENT MAY BE GRANTED UPON APPLICATION BY ANY PERSON
  RESIDING WITHIN A REFORESTATION AREA, WHERE GRANTING  OF  SUCH  EASEMENT
  WOULD ALLOW SUCH APPLICANT TO RECEIVE ELECTRICAL POWER. IN MAKING HIS OR
  HER  DETERMINATION  WITH  RESPECT TO WHETHER OR NOT AN APPLICATION FOR A
  UTILITY EASEMENT SHALL BE GRANTED, THE COMMISSIONER SHALL CONSIDER:

    1. THE ENVIRONMENTAL COMPATIBILITY OF UTILITY POLES AND UTILITY  LINES
  WITH THEIR SURROUNDINGS, INCLUDING THE IMPACT OF SUCH POLES AND LINES ON
  THE  NATURAL  ENVIRONMENT,  WILDLIFE  AND  BIRDS,  THE AESTHETICS OF THE
  REGION AND OUTDOOR RECREATIONAL OPPORTUNITIES; AND
    2. WHETHER OR NOT THE PUBLIC GOOD SHALL BE  SERVED  BY  GRANTING  SUCH
  EASEMENT.
    S 2. This act shall take effect immediately.



   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD09728-01-1