S7654A-2011 Actions

• Jul 19, 2012: DELIVERED TO SECRETARY OF STATE
• Jun 20, 2012: returned to senate
• Jun 20, 2012: passed assembly
• Jun 20, 2012: ordered to third reading rules cal.526
• Jun 20, 2012: substituted for a10641a
• Jun 19, 2012: referred to ways and means
• Jun 19, 2012: DELIVERED TO ASSEMBLY
• Jun 19, 2012: PASSED SENATE
• Jun 19, 2012: ORDERED TO THIRD READING CAL.1328
• Jun 13, 2012: PRINT NUMBER 7654A
• Jun 13, 2012: AMEND AND RECOMMIT TO RULES
• Jun 13, 2012: TO ATTORNEY-GENERAL FOR OPINION
• Jun 12, 2012: REFERRED TO RULES

S7654A-2011 Meetings

S7654A-2011 Calendars

S7654A-2011 Votes

S7654A-2011 Memo

BILL NUMBER:S7654A

TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 1 of article 14 of the constitution, in
relation to a land exchange, in the state forest preserve with NYCO
Minerals, Inc.

PURPOSE:
Passage of this resolution constitutes first passage of a measure to
be put on the ballot at a general election to amend Article XIV,
Section IV of the Constitution, authorizing a land exchange with NYCO
Mineral, Inc. (NYCO) to enable NYCO to continue its wollastonite
mining operations in the Town of Lewis, Essex County.

SUMMARY OF PROVISIONS:
NYCO would be allowed to do exploratory drilling to determine the
quantity and quality of the wollastonite vein on Lot 8, Stowers
Survey, Town of Lewis, Essex county ("Lot 8"), which is currently in
the Forest Preserve. Lot 8 totals approximately 200 acres.

NYCO would share the data and information derived from the exploratory
drilling with the Department of Environmental Conservation
("Department"). The Department would then appraise the value of Lot 8.

The State would then convey Lot 8 to NYCO and in exchange therefore
NYCO would then convey to the Department for inclusion in the Forest
Preserve at least the same number of acres as is contained in Lot 8,
provided that the legislature would be required to determine that the
lands to be received by the state would be equal to or greater than
the value of Lot 8, and provided that in no event would the value of
the land to be conveyed to the State be less than one million
dollars. The Department's appraisal of Lot 8 and the one million
dollar floor value will ensure that the exchange parcel coming into
the Forest Preserve will total significantly more than 200 acres.

If exploratory drilling occurs but the land exchange does not
ultimately occur, NYCO would be required to convey to the State for
incorporation into the Forest Preserve acreage that would be at least
the same number of acres that was disturbed by the
exploration activity, provided that the legislature would be required
to determine that the lands to be received by the state would be
equal to or greater than the value of disturbed acreage, and such
conveyance would be subject to legislative approval.

At the end of NYCO's mining operation on Lot 8, NYCO would be required
to convey Lot 8 back to the State for inclusion in the Forest Preserve.

JUSTIFICATION:
The goal of this resolution is to achieve first legislative passage of
a concurrent resolution authorizing a vote in a general election on
amending Article XIV, Section 1 of the Constitution to allow a land
exchange between the State and NYCO. Second passage could occur in
the next legislative session in either 2013 or 2014. Voter approval
of the constitutional amendment proposal would then be required.


NYCO is the world's foremost producer and supplier of wollastonite
(calcium metasilicate), which is a rare, white mineral having
commercial application as a reinforcement or additive in ceramics,
paints, plastics, friction products and various building products.
Wollastonite provides strength and improved performance due to its
needle-shaped structure. It is inert, bio-soluble and non-hazardous,
and is an ingredient in the replacement of asbestos and other
man-made-fibers.

The Lewis mine produces 60,000 tons of wollastonite annually-a little
more than 8% of the annual worldwide production. However, NYCO's mine
is approaching the end of its pit life because the wollastonite vein
extends onto adjacent Forest Preserve land.

NYCO mines wollastonite on a 260 acre tract in the Town of Lewis,
Essex County, with processing facilities in Willsboro, Essex County.
It has 95 full time employees and has an annual payroll of
$4,600,000. It has 63 vendors within a 100 mile radius and spends
$2,300,000 locally per year. It pays $260,000 in local taxes.
Indirect economic benefits to the area are considerable. Thus, the
closure of the Lewis mine would have devastating effects on the local
economy. Ninety-five full time jobs and significant tax revenue would
be lost in one of the more economically depressed area of the State.

NYCO's main competition comes from China, India, Finland, and
elsewhere in the United States. In order to remain competitive, NYCO
must mine as efficiently as possible and ensure customers of
long-term reserves. However, recovery from the Lewis mine is now low,
as NYCO approaches the end of pit life. Moreover, mining costs have
tripled over the past ten years. The wollastonite deposit on NYCO's
land has become more expensive to mine because interburden layers of
other minerals have become more prevalent and increasing amounts of
overburden must be removed to access the wollastonite. In contrast,
the wollastonite mine extending under Lot 8 appears to be relatively
close to the surface with relatively small amounts of interburden.

The expected life of the current mine is three years. It is estimated
that mining the are in Lot 8 could extend the mine life by between
thirteen to fifteen years.

LEGISLATIVE HISTORY:
A concurrent resolution authorizing a land exchange with NYCO received
first passage in 1981 (S.5819/A.8522) but received no further action.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The amendment authorized by the concurrent resolution would not take
effect until second passage of an identically worded concurrent
resolution and subsequent voter approval at a general election.

S7654A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 7654--A
 I N  SENATE
 June 12, 2012
 
 Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
 printed to be  committed  to  the  Committee  on  Rules  --  committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee
 CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 proposing  an  amendment to section 1 of article 14 of the constitution,
 in relation to a land exchange, in the state forest preserve with NYCO
 Minerals, Inc.
 

Section 1. Resolved (if the Assembly concur), That section 1 of  arti
 cle 14 of the constitution be amended to read as follows:

 

Section  1.  The  lands of the state, now owned or hereafter acquired,
 constituting the forest preserve as now fixed by law, shall  be  forever
 kept  as wild forest lands. They shall not be leased, sold or exchanged,
 or be taken by any corporation, public or private, nor shall the  timber
 thereon  be  sold,  removed or destroyed. Nothing herein contained shall
 prevent the state from  constructing,  completing  and  maintaining  any
 highway  heretofore specifically authorized by constitutional amendment,
 nor from constructing and maintaining to federal standards  federal  aid
 interstate  highway  route five hundred two from a point in the vicinity
 of the city of Glens Falls, thence northerly  to  the  vicinity  of  the
 villages  of  Lake  George and Warrensburg, the hamlets of South Horicon
 and Pottersville and thence northerly in a generally  straight  line  on
 the  west side of Schroon Lake to the vicinity of the hamlet of Schroon,
 then continuing northerly to the  vicinity  of  Schroon  Falls,  Schroon
 River and North Hudson, and to the east of Makomis Mountain, east of the
 hamlet  of New Russia, east of the village of Elizabethtown and continu
 ing northerly in the vicinity of the hamlet of Towers Forge, and east of
 Poke-O-Moonshine Mountain and continuing northerly to  the  vicinity  of
 the village of Keeseville and the city of Plattsburgh, all of the afore
 said taking not to exceed a total of three hundred acres of state forest
 preserve land, nor from constructing and maintaining not more than twen
 ty-five  miles  of  ski trails thirty to two hundred feet wide, together
 with appurtenances thereto, provided that no more  than  five  miles  of
 such  trails  shall be in excess of one hundred twenty feet wide, on the
 north, east and northwest slopes of Whiteface Mountain in Essex  county,
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD89161-02-2
 
       S. 7654--A                          2
 nor from constructing and maintaining not more than twenty-five miles of
 ski  trails thirty to two hundred feet wide, together with appurtenances
 thereto, provided that no more than two miles of such trails shall be in
 excess of one hundred twenty feet wide, on the slopes of Belleayre Moun
 tain  in  Ulster  and Delaware counties and not more than forty miles of
 ski trails thirty to two hundred feet wide, together with  appurtenances
 thereto,  provided that no more than eight miles of such trails shall be
 in excess of one hundred twenty feet wide, on the  slopes  of  Gore  and
 Pete Gay mountains in Warren county, nor from relocating, reconstructing
 and  maintaining  a total of not more than fifty miles of existing state
 highways for the purpose of eliminating the hazards of dangerous  curves
 and  grades,  provided  a  total  of  no more than four hundred acres of
 forest preserve land shall be used for such purpose and that  no  single
 relocated  portion  of  any  highway  shall  exceed  one mile in length.
 Notwithstanding the foregoing provisions, the state may  convey  to  the
 village  of  Saranac  Lake ten acres of forest preserve land adjacent to
 the boundaries of such village for public use in  providing  for  refuse
 disposal  and  in  exchange  therefore the village of Saranac Lake shall
 convey to the state thirty acres of certain true forest  land  owned  by
 such  village on Roaring Brook in the northern half of Lot 113, Township
 11, Richards Survey. Notwithstanding the foregoing provisions, the state
 may convey to the town of Arietta twenty-eight acres of forest  preserve
 land  within  such town for public use in providing for the extension of
 the runway and landing strip of  the  Piseco  airport  and  in  exchange
 therefor  the  town of Arietta shall convey to the state thirty acres of
 certain land owned by such town in the town of Arietta.  Notwithstanding
 the  foregoing  provisions  and  subject  to legislative approval of the
 tracts to be exchanged prior to the actual transfer of title, the state,
 in order to consolidate its land holdings  for  better  management,  may
 convey  to International Paper Company approximately eight thousand five
 hundred acres of forest preserve land located in townships two and three
 of Totten and Crossfield's Purchase and township nine of the Moose River
 Tract, Hamilton county, and in exchange  therefore  International  Paper
 Company  shall  convey  to  the  state for incorporation into the forest
 preserve approximately the same number of acres of land  located  within
 such  townships  and such County on condition that the legislature shall
 determine that the lands to be received by the state are at least  equal
 in  value  to the lands to be conveyed by the state. Notwithstanding the
 foregoing provisions and subject to legislative approval of  the  tracts
 to be exchanged prior to the actual transfer of title and the conditions
 herein  set forth, the state, in order to facilitate the preservation of
 historic buildings listed on the national register of historic places by
 rejoining an historic grouping of buildings under unitary ownership  and
 stewardship,  may  convey  to  Sagamore Institute Inc., a not-for-profit
 educational organization, approximately ten acres of land and  buildings
 thereon  adjoining the real property of the Sagamore Institute, Inc. and
 located on Sagamore Road, near Raquette Lake Village,  in  the  Town  of
 Long Lake, county of Hamilton, and in exchange therefor; Sagamore Insti
 tute,  Inc.  shall convey to the state for incorporation into the forest
 preserve approximately two hundred acres of  wild  forest  land  located
 within  the  Adirondack  Park  on  condition  that the legislature shall
 determine that the lands to be received by the state are at least  equal
 in value to the lands and buildings to be conveyed by the state and that
 the  natural  and historic character of the lands and buildings conveyed
 by the state will be secured by appropriate covenants  and  restrictions
 and  that  the lands and buildings conveyed by the state will reasonably
 
       S. 7654--A                          3
 be available for public visits according to agreement  between  Sagamore
 Institute, Inc.  and the state. Notwithstanding the foregoing provisions
 the  state  may  convey  to  the  town  of Arietta fifty acres of forest
 preserve  land  within  such  town  for  public use in providing for the
 extension of the runway and landing strip  of  the  Piseco  airport  and
 providing for the maintenance of a clear zone around such runway, and in
 exchange  therefor, the town of Arietta shall convey to the state fifty
 three acres of true forest land located in lot 2 township 2  Totten  and
 Crossfield's Purchase in the town of Lake Pleasant.
 Notwithstanding  the  foregoing  provisions and subject to legislative
 approval prior to actual transfer of title, the state may convey to  the
 town  of Keene, Essex county, for public use as a cemetery owned by such
 town, approximately twelve acres of forest  preserve  land  within  such
 town  and,  in  exchange therefor, the town of Keene shall convey to the
 state for incorporation  into  the  forest  preserve  approximately  one
 hundred  forty-four  acres  of land, together with an easement over land
 owned by such town including the riverbed adjacent to  the  land  to  be
 conveyed  to  the  state  that will restrict further development of such
 land, on condition that the legislature shall determine that the proper
 ty to be received by the state is at least equal in value to the land to
 be conveyed by the state.
 Notwithstanding the foregoing provisions and  subject  to  legislative
 approval  prior  to actual transfer of title, because there is no viable
 alternative to using forest preserve lands for the  siting  of  drinking
 water  wells  and  necessary  appurtenances  and  because such wells are
 necessary to meet drinking water quality standards, the state may convey
 to the town of Long Lake, Hamilton county, one acre of  forest  preserve
 land  within such town for public use as the site of such drinking water
 wells and necessary appurtenances for the municipal water supply for the
 hamlet of Raquette Lake. In exchange therefor, the  town  of  Long  Lake
 shall  convey  to  the  state  at  least twelve acres of land located in
 Hamilton county for incorporation into  the  forest  preserve  that  the
 legislature shall determine is at least equal in value to the land to be
 conveyed  by  the  state.  The  Raquette Lake surface reservoir shall be
 abandoned as a drinking water supply source.
 Notwithstanding the foregoing provisions and  subject  to  legislative
 approval  prior  to  actual  transfer  of title, the state may convey to
 National Grid up to six acres adjoining State Route 56 in  St.  Lawrence
 County where it passes through Forest Preserve in Township 5, Lots 1, 2,
 5 and 6 that is necessary and appropriate for National Grid to construct
 a  new  46kV  power  line  and in exchange therefore National Grid shall
 convey to the state for incorporation into the forest preserve at  least
 10  acres  of forest land owned by National Grid in St. Lawrence county,
 on condition that the legislature shall determine that the  property  to
 be received by the state is at least equal in value to the land conveyed
 by the state.
 NOTWITHSTANDING THE FOREGOING PROVISIONS, THE STATE MAY AUTHORIZE NYCO
 MINERALS,  INC.  TO ENGAGE IN MINERAL SAMPLING OPERATIONS, SOLELY AT ITS
 EXPENSE, TO DETERMINE  THE  QUANTITY  AND  QUALITY  OF  WOLLASTONITE  ON
 APPROXIMATELY  200  ACRES  OF  FOREST  PRESERVE LAND CONTAINED IN LOT 8,
 STOWERS SURVEY, TOWN OF LEWIS, ESSEX COUNTY PROVIDED THAT NYCO MINERALS,
 INC. SHALL PROVIDE THE DATA AND INFORMATION DERIVED FROM  SUCH  DRILLING
 TO  THE STATE FOR APPRAISAL PURPOSES. SUBJECT TO LEGISLATIVE APPROVAL OF
 THE TRACTS TO BE EXCHANGED PRIOR TO THE ACTUAL TRANSFER  OF  TITLE,  THE
 STATE MAY SUBSEQUENTLY CONVEY SAID LOT 8 TO NYCO MINERALS, INC., AND, IN
 EXCHANGE  THEREFOR,  NYCO  MINERALS,  INC. SHALL CONVEY TO THE STATE FOR
 
       S. 7654--A                          4
 INCORPORATION INTO THE FOREST PRESERVE NOT LESS THAN THE SAME NUMBER  OF
 ACRES  OF  LAND,  ON CONDITION THAT THE LEGISLATURE SHALL DETERMINE THAT
 THE LANDS TO BE RECEIVED BY THE STATE ARE EQUAL TO OR GREATER  THAN  THE
 VALUE  OF THE LAND TO BE CONVEYED BY THE STATE AND ON CONDITION THAT THE
 ASSESSED VALUE OF THE LAND TO BE CONVEYED TO THE STATE SHALL  TOTAL  NOT
 LESS  THAN  ONE MILLION DOLLARS. WHEN NYCO MINERALS, INC. TERMINATES ALL
 MINING OPERATIONS ON SUCH LOT 8 IT SHALL REMEDIATE THE SITE  AND  CONVEY
 TITLE  TO  SUCH  LOT  BACK TO THE STATE OF NEW YORK FOR INCLUSION IN THE
 FOREST PRESERVE. IN THE EVENT  THAT  LOT  8  IS  NOT  CONVEYED  TO  NYCO
 MINERALS,  INC.  PURSUANT TO THIS PARAGRAPH, NYCO MINERALS, INC.  NEVER
 THELESS SHALL CONVEY TO THE STATE  FOR  INCORPORATION  INTO  THE  FOREST
 PRESERVE  NOT  LESS  THAN  THE  SAME  NUMBER  OF  ACRES  OF LAND THAT IS
 DISTURBED BY ANY MINERAL SAMPLING  OPERATIONS CONDUCTED ON  SAID  LOT  8
 PURSUANT  TO  THIS  PARAGRAPH  ON  CONDITION  THAT THE LEGISLATURE SHALL
 DETERMINE THAT THE LANDS TO BE RECEIVED BY THE STATE  ARE  EQUAL  TO  OR
 GREATER  THAN  THE  VALUE OF THE LANDS DISTURBED BY THE MINERAL SAMPLING
 OPERATIONS.
 

S 2. Resolved (if the Assembly concur), That the  foregoing  amendment
 be referred to the first regular legislative session convening after the
 next  succeeding  general  election  of members to the assembly, and, in
 conformity with  section  1  of  article  19  of  the  constitution,  be
 published for 3 months previous to the time of such election.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!