Bill S7489A-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 12, 2014: referred to environmental conservation
  • Jun 12, 2014: DELIVERED TO ASSEMBLY
  • Jun 12, 2014: PASSED SENATE
  • Jun 10, 2014: ADVANCED TO THIRD READING
  • Jun 9, 2014: 2ND REPORT CAL.
  • Jun 9, 2014: AMENDED (T) 7489A
  • Jun 3, 2014: 1ST REPORT CAL.1157
  • May 15, 2014: REFERRED TO ENVIRONMENTAL CONSERVATION

Calendars

Votes

Memo

BILL NUMBER:S7489A

TITLE OF BILL: 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

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--A Cal. No. 1157 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 -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report 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 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. A proposed wind generation project, in the county of Chautauqua in the towns of Charlotte and/or Cherry Creek, could potentially 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 wind power project, an electric collection or distribution line would need to pass through a portion of real property immediately adjacent to or within the right of ways of public roads running through the Boutwell Hill state forest. The legislature finds that it will serve a useful public purpose to authorize the department of environmental conservation to execute an easement agreement for real property within the Boutwell Hill state forest for such collection or distribution line and appropriate access, in the event that such collection or distribution line proposed to be located on such easement lands is certified pursuant to article 7 or 10 of the public service law. S 2. Notwithstanding the provisions of section 9-0501 of the environ- mental conservation law and the provisions of the public lands law, the department of environmental conservation is authorized to grant an ease- ment for an electric collection or distribution line on real property within the Boutwell Hill state forest, which meets the following condi- tions:
(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 located within 50 feet of the center line of the road corridor within the state forest and, should a portion of the line not be located along a road corridor, the corridor for such line shall not exceed 50 feet in width and 1500 feet in length across Boutwell Hill state forest. In no event shall the location of the electric collection or distribution line require the cutting of trees greater than 50 feet from such collection or distribution line placed in or adjacent to such roads or 25 feet from the center line of any corridor which is not adjacent to a road. (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 article 7 and/or 10 of the public service law. (d) The easement shall terminate when the associated wind powered electric generation project ceases to operate for an extended period of time as set forth in the easement and the easement shall then revert to the state to be managed by the department of environmental conservation. Prior to reversion, any collection or distribution lines and any infras- tructure related thereto shall be removed by the entity controlling the lines. 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 such department deems proper, upon application by an authorized officer or employee of the entity proposing the wind-powered electric generation project described in section two hereof. (b) Prior to executing the easement, an authorized officer or employee of the entity applying to propose a transmission or collection line route through the Boutwell Hill state forest as part of an application pursuant to article 7 or 10 of the public service law application shall provide a survey of the easement and appraisal thereon to the department of environmental conservation and shall prepare the easement, subject to review and approval by the department. (c) The grant of the easement is conditioned on compliance with the environmental, health, safety and alternative reviews and subject to the provisions of article 7 and/or 10 of the public service law. S 4. The applicant for the easement shall be responsible for the prep- aration, filing and recording of all required easement maps or surveys and related easement documents. The department of environmental conser- vation 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. Such maps and easement shall also be recorded by the applicant with the office of general services. S 5. This act shall constitute sufficient proof of land control with respect to proposed easement routes for a collection or distribution line through the Boutwell Hill state forest for the purposes of compli- ance with the application requirements of articles 7 and 10 of the public service law, and any associated regulations. S 6. This act shall take effect immediately.

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