S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3206
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced  by  M.  of A. ENGLEBRIGHT, GUNTHER, JAFFEE, AUBRY, LIFTON --
   Multi-Sponsored by -- M. of A. CRESPO, PERRY, THIELE -- read once  and
   referred to the Committee on Transportation
 
 AN  ACT to amend the highway law, in relation to authorizing the leasing
   of land adjacent to state and local highways for the  purpose  of  the
   construction  and  operation  of  solar  and  wind electric generating
   systems; and to amend the  public  authorities  law,  in  relation  to
   granting such authorization to the metropolitan transportation author-
   ity
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 10 of the highway law is amended by  adding  a  new
 subdivision 38-a to read as follows:
   38-A.  HAVE  THE  POWER TO LEASE, FOR A TERM NOT TO EXCEED NINETY-NINE
 YEARS, THE PROPERTY RIGHTS  IN  AIR  SPACE,  AND/OR  UNUSED  SURFACE  OR
 SUBSURFACE  SPACE  IN CONNECTION WITH ANY STATE-OWNED PROPERTY UNDER HIS
 OR HER  JURISDICTION  OR  OTHER  PROPERTY  ACQUIRED  FOR  STATE  HIGHWAY
 PURPOSES.  SUCH LEASES SHALL BE FOR THE PURPOSES OF THE CONSTRUCTION AND
 OPERATION OF SOLAR AND/OR WIND ELECTRIC GENERATING SYSTEMS. SUCH SYSTEMS
 MAY BE MOUNTED UPON SOUND BARRIERS, RETAINING WALLS,  OPEN  UNOBSTRUCTED
 AREAS,  PARKING LOTS, BRIDGES, BRIDGE STRUCTURES, SIGNS, SIGN STRUCTURES
 AND UPON ANY OTHER AREA UPON THE LEASED REAL PROPERTY. THE  CONSTRUCTION
 AND OPERATION OF SOLAR AND WIND ELECTRIC GENERATING SYSTEMS SUBJECT TO A
 LEASE  AUTHORIZED  BY  THIS  SUBDIVISION  SHALL  BE SUBJECT TO STATE AND
 FEDERAL LAW, RULES AND REGULATIONS, BUT SHALL  NOT  BE  SUBJECT  TO  ANY
 LOCAL  LAW,  RESOLUTION, ORDINANCE, RULE OR REGULATION. THE TERMS OF ANY
 SUCH LEASE SHALL BE DETERMINED BY THE COMMISSIONER AND SHALL BE  SUBJECT
 TO  THE  APPROVAL  OF  THE  ATTORNEY GENERAL. IN ORDER TO CARRY ANY SUCH
 LEASE INTO EFFECT, THE COMMISSIONER IS HEREBY AUTHORIZED TO EXECUTE  AND
 DELIVER, IN THE NAME OF THE PEOPLE OF THE STATE, A LEASE TO SUCH PROPER-
 TY RIGHTS. EACH SUCH INSTRUMENT OF LEASE SHALL BE PREPARED BY THE ATTOR-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06996-01-9

 A. 3206                             2
 
 NEY GENERAL. NO SUCH LEASE BY THE COMMISSIONER SHALL DEPRIVE AN ABUTTING
 LANDOWNER OF HIS OR HER RIGHT OF ACCESS.
   §  2. Section 102 of the highway law is amended by adding a new subdi-
 vision 19 to read as follows:
   19. HAVE THE POWER, SUBJECT TO THE APPROVAL OF  THE  COUNTY  GOVERNING
 BODY, TO LEASE, FOR A TERM NOT TO EXCEED NINETY-NINE YEARS, THE PROPERTY
 RIGHTS  IN  AIR  SPACE,  AND/OR  UNUSED  SURFACE  OR SUBSURFACE SPACE IN
 CONNECTION WITH ANY COUNTY-OWNED PROPERTY UNDER HIS OR HER  JURISDICTION
 OR  OTHER  PROPERTY ACQUIRED FOR COUNTY ROAD PURPOSES. SUCH LEASES SHALL
 BE FOR THE PURPOSES OF THE CONSTRUCTION AND OPERATION  OF  SOLAR  AND/OR
 WIND ELECTRIC GENERATING SYSTEMS. SUCH SYSTEMS MAY BE MOUNTED UPON SOUND
 BARRIERS, RETAINING WALLS, OPEN UNOBSTRUCTED AREAS, PARKING LOTS, BRIDG-
 ES,  BRIDGE  STRUCTURES,  SIGNS, SIGN STRUCTURES AND UPON ANY OTHER AREA
 UPON THE LEASED REAL PROPERTY. THE CONSTRUCTION AND OPERATION  OF  SOLAR
 AND  WIND  ELECTRIC  GENERATING SYSTEMS SUBJECT TO A LEASE AUTHORIZED BY
 THIS SUBDIVISION SHALL BE SUBJECT TO STATE AND FEDERAL  LAW,  RULES  AND
 REGULATIONS,  BUT  SHALL  NOT  BE  SUBJECT TO ANY LOCAL LAW, RESOLUTION,
 ORDINANCE, RULE OR REGULATION. THE TERMS OF  ANY  SUCH  LEASE  SHALL  BE
 DETERMINED  BY  THE  COUNTY  SUPERINTENDENT, AND SHALL BE SUBJECT TO THE
 APPROVAL OF THE COUNTY GOVERNING BODY. SUCH LEASE BY THE  COUNTY  SUPER-
 INTENDENT SHALL NOT DEPRIVE AN ABUTTING LANDOWNER OF HIS OR HER RIGHT OF
 ACCESS.
   §  3. Section 140 of the highway law is amended by adding a new subdi-
 vision 20 to read as follows:
   20. HAVE THE POWER, SUBJECT TO THE APPROVAL  OF  THE  TOWN  BOARD,  TO
 LEASE,  FOR  A TERM NOT TO EXCEED NINETY-NINE YEARS, THE PROPERTY RIGHTS
 IN AIR SPACE, AND/OR UNUSED SURFACE OR SUBSURFACE  SPACE  IN  CONNECTION
 WITH  ANY  TOWN-OWNED  PROPERTY  UNDER  HIS OR HER JURISDICTION OR OTHER
 PROPERTY ACQUIRED FOR TOWN ROAD PURPOSES. SUCH LEASES SHALL BE  FOR  THE
 PURPOSES OF THE CONSTRUCTION AND OPERATION OF SOLAR AND/OR WIND ELECTRIC
 GENERATING  SYSTEMS.  SUCH  SYSTEMS  MAY BE MOUNTED UPON SOUND BARRIERS,
 RETAINING WALLS, OPEN UNOBSTRUCTED AREAS, PARKING LOTS, BRIDGES,  BRIDGE
 STRUCTURES,  SIGNS,  SIGN  STRUCTURES  AND  UPON ANY OTHER AREA UPON THE
 LEASED REAL PROPERTY. THE CONSTRUCTION AND OPERATION OF SOLAR  AND  WIND
 ELECTRIC GENERATING SYSTEMS SUBJECT TO A LEASE AUTHORIZED BY THIS SUBDI-
 VISION  SHALL BE SUBJECT TO STATE AND FEDERAL LAW, RULES AND REGULATIONS
 BUT SHALL NOT BE SUBJECT TO ANY LOCAL LAW, RESOLUTION,  ORDINANCE,  RULE
 OR  REGULATION.  THE  TERMS OF ANY SUCH LEASE SHALL BE DETERMINED BY THE
 TOWN SUPERINTENDENT, AND SHALL BE SUBJECT TO THE APPROVAL  OF  THE  TOWN
 BOARD.  SUCH LEASE BY THE TOWN SUPERINTENDENT SHALL NOT DEPRIVE AN ABUT-
 TING LANDOWNER OF HIS OR HER RIGHT OF ACCESS.
   § 4. Section 1265 of the public authorities law is amended by adding a
 new subdivision 15 to read as follows:
   15. TO LEASE, FOR A TERM NOT TO EXCEED NINETY-NINE YEARS, THE PROPERTY
 RIGHTS IN AIR SPACE,  AND/OR  UNUSED  SURFACE  OR  SUBSURFACE  SPACE  IN
 CONNECTION  WITH ANY AUTHORITY OWNED PROPERTY OR OTHER PROPERTY ACQUIRED
 FOR AUTHORITY PURPOSES. SUCH LEASES SHALL BE FOR  THE  PURPOSES  OF  THE
 CONSTRUCTION  AND  OPERATION  OF  SOLAR  AND/OR WIND ELECTRIC GENERATING
 SYSTEMS. SUCH SYSTEMS MAY BE  MOUNTED  UPON  SOUND  BARRIERS,  RETAINING
 WALLS,  OPEN  UNOBSTRUCTED  AREAS,  PARKING LOTS, BRIDGES, BRIDGE STRUC-
 TURES, SIGNS, SIGN STRUCTURES AND UPON ANY OTHER AREA  UPON  THE  LEASED
 REAL PROPERTY. THE CONSTRUCTION AND OPERATION OF SOLAR AND WIND ELECTRIC
 GENERATING  SYSTEMS  SUBJECT  TO  A LEASE AUTHORIZED BY THIS SUBDIVISION
 SHALL BE SUBJECT TO STATE AND FEDERAL LAW, RULES  AND  REGULATIONS,  BUT
 SHALL  NOT  BE  SUBJECT TO ANY LOCAL LAW, RESOLUTION, ORDINANCE, RULE OR
 REGULATION. THE TERMS OF ANY SUCH  LEASE  SHALL  BE  DETERMINED  BY  THE

 A. 3206                             3
 
 AUTHORITY.  SUCH  LEASE  BY  THE AUTHORITY SHALL NOT DEPRIVE AN ABUTTING
 LANDOWNER OF HIS OR HER RIGHT OF ACCESS.
   § 5. This act shall take effect immediately.