This bill has been amended

Bill S7489-2013

Authorizes the department of environmental conservation to grant an easement through the Boutwell Hill state forest for electric generation facilities associated with a wind powered electric generation project

Authorizes the department to grant an easement through the Boutwell Hill state forest for electric generation facilities associated with a wind powered electric generation project.

Details

Actions

  • Jun 3, 2014: 1ST REPORT CAL.1157
  • May 15, 2014: REFERRED TO ENVIRONMENTAL CONSERVATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Environmental Conservation - Jun 3, 2014
Ayes (11): Grisanti, Avella, Little, Marcellino, Maziarz, O'Mara, Young, O'Brien, Espaillat, Serrano, Tkaczyk
Ayes W/R (2): LaValle, Latimer

Memo

BILL NUMBER:S7489

TITLE OF BILL: An act to authorize the department of environmental conservation to grant an easement on a portion of real property within the Boutwell Hill state forest in the county of Chautauqua for the location of electric distribution facilities in connection with a wind powered electric generation project located in either or both of the towns of Charlotte and Cherry Creek

PURPOSE: This bill authorizes the department of environmental conservation to grant an easement through the Boutwell Hill state forest for electric generation facilities associated with a wind powered electric generation project.

SUMMARY OF PROVISIONS:

Section 1 establishes the legislative intent. For the state to achieve the goals of the New York State renewable portfolio standard, the state energy plan and similar state energy policies, the development of renewable energy sources, including wind power, is essential.

Section 2 authorizes the Department of Environmental Conservation to grant an easement for an electric distribution line on real property within the Boutwell Hill state forest.

Section 3 establishes that the Department of Environmental Conservation is authorized to grant such easement, without bid and for such reasonable consideration that the department deems proper, upon application by an authorized officer or employee of the wind powered electric generation project.

Section 4 establishes that the applicant for the easement shall be responsible for the preparation and filing of any required easement maps or surveys.

Section 5 establishes that the existence of this act or an easement granted in accordance with this act, shall constitute sufficient proof of land control with respect to a proposed easement route for a distribution line through the Boutwell Hill state forest for the purposes of compliance with the application requirements of article 10 of the public service law and any associated regulations.

JUSTIFICATION: In order for New York State to reduce greenhouse gases and achieve the goals of the New York State Renewable Portfolio Standard, the State Energy Plan and similar policies, the development of renewable energy sources including wind energy is essential.

This legislation authorizes the Department of Environmental Conservation, if they choose to do so, to grant an easement through the Boutwell Hill State Forest for a wind energy project. This electric distribution interconnection line will be subject to intensive review under Article 10 of the Public Service Law. The Towns of Charlotte and Cherry Creek,

where this electric distribution line would run, have both passed resolutions in support of this project.

This project has the potential to create economic benefits to the Towns through construction and permanent employment, as well as direct and indirect economic gain to the area.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: To be determined. Anticipated revenue to the state.

EFFECTIVE DATE: Effective immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7489 IN SENATE May 15, 2014 ___________
Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to authorize the department of environmental conservation to grant an easement on a portion of real property within the Boutwell Hill state forest in the county of Chautauqua for the location of electric distribution facilities in connection with a wind powered electric generation project located in either or both of the towns of Charlotte and Cherry Creek THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. For the state to achieve the goals of the New York state renewable portfolio standard, the state energy plan and similar state energy policies, the development of renewable energy sources, including wind power, is essential. A proposed wind generation project in the towns of Charlotte and Cherry Creek, in the county of Chautauqua, could generate up to 200 megawatts of clean renewable elec- tricity from wind power with minimal impact on the environment compared with other electric generation sources. To maximize the production of electricity from such a wind power project, an electric distribution line would need to be located on a portion of real property adjacent to or within the right of ways of public roads running through the Boutwell Hill state forest. The legislature finds that authorizing the depart- ment of environmental conservation to enter into an easement agreement for real property within the Boutwell Hill state forest for such distribution line and appropriate access, conditioned on the requirement that such distribution line is subsequently certified pursuant to arti- cle 10 of the public service law would serve a useful public purpose. S 2. Notwithstanding the provisions of section 9-0501 of the environ- mental conservation law and article 7 of the public lands law, the department of environmental conservation is authorized to grant an ease- ment for an electric distribution line on real property within the Bout- well Hill state forest, which meets the following conditions:
a. the easement is for an electric distribution line which is part of a wind powered electric generation project located in either or both of the towns of Charlotte and Cherry Creek, in the county of Chautauqua; b. The easement is for property or a portion of property within the Boutwell Hill state forest, in which the state or the department of environmental conservation has an interest and is located under East Road, Boutwell Hill Road, Stanford Road, Housington Road and/or Lewis Road and/or within 100 feet of the center lines of such roads; c. the easement is conditioned upon and will take effect only in the event a distribution line proposed to be located on such easement lands is subsequently certified and approved as part of a wind powered elec- tric generation facility pursuant to article 10 of the public service law; and d. the easement shall terminate when the associated wind powered elec- tric generation project ceases to operate. S 3. a. In entering into the easement described in section two of this act the department of environmental conservation is authorized to grant such easement, without bid and for such reasonable consideration that the department deems proper, upon application by an authorized officer or employee of the wind powered electric generation project described in section two of this act. b. The grant of the easement, which is conditioned on compliance with the environmental, health and safety and alternative reviews and certif- ication under article 10 of the public service law, shall be exempt from compliance with article 8 of the environmental conservation law. S 4. The applicant for the easement shall be responsible for the prep- aration and filing of any required easement maps or surveys. The depart- ment of environmental conservation shall cause any maps or surveys and related easement documents to be filed in the regional office of such department wherein the Boutwell Hill state forest is located and such additional locations as the department deems appropriate or is required by law to be filed or recorded. Such map and lease or easement shall also be recorded with the office of general services. S 5. The existence of this act or an easement granted in accordance with this act, shall constitute sufficient proof of land control with respect to a proposed easement route for a distribution line through the Boutwell Hill state forest for the purposes of compliance with the application requirements of article 10 of the public service law and any associated regulations. S 6. This act shall take effect immediately.

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