S T A T E   O F   N E W   Y O R K
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                                 6005--A
    Cal. No. 1005

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 19, 2015
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the  Committee on Environmental Conservation in accordance with Senate
  Rule 6, sec. 8 -- committee discharged and said bill committed to  the
  Committee  on Rules -- reported favorably from said committee, ordered
  to a third reading, passed by Senate and delivered  to  the  Assembly,
  recalled,  vote  reconsidered,  restored to third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to authorize an easement on a portion of real property within the
  Boutwell Hill state  forest  in  the  county  of  Chautauqua  for  the
  location   of   electric  collection  or  distribution  facilities  in
  connection with a wind powered electric generation project located  in
  the  towns  of  Charlotte  and/or  Cherry Creek; and providing for the
  repeal of such provisions upon expiration thereof

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

  Section  1.  Notwithstanding the contrary provisions of section 9-0501
of the environmental conservation law and the contrary provisions of the
public lands  law,  the  department  of  environmental  conservation  is
authorized  to  grant an easement for an electric collection or distrib-
ution line on real property within the Boutwell Hill state forest, which
meets the following conditions:
  (a) The easement is for an electric collection  or  distribution  line
which  is  part of a wind powered electric generation project located in
the towns of Charlotte and/or Cherry Creek.
  (b) The easement is for a portion of property within the Boutwell Hill
state forest owned by the state and managed by the department  of  envi-
ronmental conservation. The collection or distribution line shall be:
  (i) located within 50 feet of the center line of Housington Road, Mill
Creek  Road, Boutwell Hill Road and East Road corridors within the state
forest and in no event shall the location of the electric collection  or

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

                                                           LBD00622-19-6

S. 6005--A                          2

distribution line require the cutting of trees greater than 50 feet from
such collection or distribution line placed in or adjacent to such road;
provided however, at such land located around the premises located at RD
#1 Boutwell Hill Rd, Cherry Creek, New York, being part of Lot 61, Town-
ship  4,  Range  10 of the Holland Land Company's Survey, described more
fully in paragraph (ii) of this subdivision, beginning at a point of  50
feet north from the northeast corner of such parcel and east to Boutwell
Hill  Road,  for  a  distance  not  to  exceed a total of 1500 feet, the
collection or distribution line may be located within 500  feet  of  the
center  line  of  Boutwell  Hill Road and 250 feet of the center line of
East road.  Provided further that in such areas tree  cutting  shall  be
minimized to the maximum extent practicable;
  (ii)  commencing  at a point in the center of the highway leading from
Charlotte Center to the Neub Road (also leading to Kent Road Highway) at
the southwest corner of lands now or formerly owned  by  May  V.  Emley;
running  thence north along the west line of lands now or formerly owned
by said Emley and Henry DuBursted, a distance of  8  rods  to  a  point;
thence  westerly  and parallel with the road center, 10 rods to a point;
thence southerly and parallel to the first described line, 8 rods to the
center of the highway; and thence easterly along the center of the high-
way, 10 rods to the place of beginning,  containing  one  half  acre  of
land, be the same more or less; and
  (iii) a total distance of not more than 1.4 miles.
  (c)  The  easement will be conveyed by the department of environmental
conservation and take effect only in the event a collection or  distrib-
ution  line  proposed  to be located on such easement lands is certified
and approved as part of a  wind  powered  electric  generation  facility
pursuant to articles 7 and 10 of the public service law.
  (d)  The  easement  shall  terminate  when the associated wind powered
electric generation project ceases to operate for 18 months as set forth
in the easement and the easement shall then revert to the  state  to  be
managed  by the department of environmental conservation as state forest
land.
  (e) The use of chemicals/herbicides  for  clearing  said  easement  is
prohibited  unless prior approval for the same is granted by the depart-
ment of environmental conservation, division of lands and forests.
  S 2. (a) In entering into the easement described  in  section  one  of
this  act, the department of environmental conservation is authorized to
grant such easement for fair market value plus  twenty  percent  of  the
value of the easement and one hundred thousand dollars, upon application
by  Everpower.    An amount, not less than fair market value plus twenty
percent of the value of the easement plus one hundred  thousand  dollars
shall  be  used to obtain for the state an interest in real property for
open space purposes in region  9  of  the  department  of  environmental
conservation  from  the  regional priority conservation projects list in
region 9 as part of this state's open space conservation plan. The total
payment for such acquisition(s) shall not be less than the value of  the
easement to be conveyed by the state plus twenty percent of the value of
such easement plus one hundred thousand dollars.
  (b)  The  description of the easement to be conveyed contained by this
act is not intended to be a legal description, but is intended to  iden-
tify the easement to be conveyed.  As a condition of conveyance Everpow-
er  shall  submit  to the commissioner of environmental conservation for
his or her approval an accurate survey and description of lands general-
ly described in this section which may be used in the conveyance  there-
of.

S. 6005--A                          3

  (c)  The  grant of the easement is conditioned on, first, the acquisi-
tion of the exchange parcel  by  the  state,  and  second,  issuance  of
certificates  of environmental compatibility and public need pursuant to
the provisions of articles 7 and 10 of the public service law.
  (d)  Compensation for the stumpage value for trees to be felled by the
entity shall be used for the same purpose as in subdivision (a) of  this
section with the felled trees to become the property of Everpower. Stum-
page  value is to be determined by a department of environmental conser-
vation forester based on the most  recent  department  of  environmental
conservation stumpage price report at the time the trees are felled.
  S  3.  The  commissioner  of  environmental conservation may prescribe
additional terms for such exchange of real property. Such contract shall
not become binding upon the state until  approved  by  the  state  comp-
troller. Title to the land to the people of the state of New York pursu-
ant to the provisions of such contract shall be approved by the attorney
general, and the deed to the state shall be approved by him or her as to
form and manner of execution and recordability before such deed shall be
accepted on behalf of the state. Notwithstanding the contrary provisions
of  the  public  lands  law,  the conveyance of the state-owned easement
pursuant to such contract shall be  without  reservation  or  exception,
except  as  provided  for  in  such  contract. Upon certification by the
commissioner of environmental conservation to the commissioner of gener-
al services of a copy of the contract, and certification that  Everpower
has  complied  with  all terms and conditions of the contract upon their
part to be kept and performed, together with a description of any of the
easements to be exchanged, conveyed  and/or  payments  to  be  made  the
commissioner  of general services shall convey the easement described in
section one of this  act  in  accordance  with  the  provisions  of  the
contract.
  S  4.  This act shall take effect immediately, and shall expire and be
deemed repealed five years after such date;  provided,  however,  should
the  easement  be  granted within the 5 years, the terms of the easement
will establish the end date of the easement. At such time the land  will
revert back to the state of New York for state forest purposes.