Allows public utility lines and bicycle paths on certain state lands in the forest preserve and establishes a forest preserve health and safety land account.
STATE OF NEW YORK
________________________________________________________________________
2414
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
___________
Introduced by Sens. LITTLE, AMEDORE, SEWARD -- read twice and ordered
printed, and when printed to be committed to the Committee on Judici-
ary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 14 of the constitution, in relation to
allowing public utility lines and bicycle paths on certain state lands
in the forest preserve and establishing a forest preserve health and
safety land account
1 Section 1. Resolved (if the Assembly concur), That section 1 of arti-
2 cle 14 of the constitution be amended by adding a new undesignated para-
3 graph to read as follows:
4 Notwithstanding the foregoing provisions and subject to legislative
5 approval prior to actual transfer of title, a total of no more than two
6 hundred fifty acres of forest preserve land shall be used for the estab-
7 lishment of a health and safety land account. Where no viable alterna-
8 tive exists and other criteria developed by the legislature are satis-
9 fied, a town, village or county may apply, pursuant to a process
10 determined by the legislature, to the health and safety land account for
11 projects limited to: address bridge hazards or safety on county high-
12 ways, and town highways listed on the local highway inventory maintained
13 by the department of transportation, dedicated, and in existence on
14 January first, two thousand fifteen, and annually plowed and regularly
15 maintained; elimination of the hazards of dangerous curves and grades on
16 county highways, and town highways listed on the local highway inventory
17 maintained by the department of transportation, dedicated, and in exist-
18 ence on January first, two thousand fifteen, and annually plowed and
19 regularly maintained; relocation and reconstruction and maintenance of
20 county highways, and town highways listed on the local highway inventory
21 maintained by the department of transportation, dedicated, and in exist-
22 ence on January first, two thousand fifteen and annually plowed and
23 regularly maintained, provided further that no single relocated portion
24 of any such highway shall exceed one mile in length; and water wells and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89016-01-7
S. 2414 2
1 necessary appurtenances when such wells are necessary to meet drinking
2 water quality standards and are located within five hundred thirty feet
3 of state highways, county highways, and town highways listed on the
4 local highway inventory maintained by the department of transportation,
5 dedicated, and in existence on January first, two thousand fifteen, and
6 annually plowed and regularly maintained. As a condition of the creation
7 of such health and safety land account the state shall acquire two
8 hundred fifty acres of land for incorporation into the forest preserve,
9 on condition that the legislature shall approve such lands to be added
10 to the forest preserve.
11 § 2. Resolved (if the Assembly concur), That article 14 of the consti-
12 tution be amended by adding a new section 6 to read as follows:
13 § 6. Where state, county, or town highways listed on the local highway
14 inventory maintained by the department of transportation, dedicated and
15 in existence on January first, two thousand fifteen, and annually plowed
16 and regularly maintained, traverse forest preserve land, public utility
17 lines, limited to electric, telephone, broadband, water or sewer lines
18 as defined in law, may, consistent with standards and requirements set
19 forth in law, and following receipt of all permits or authorizations
20 required by law, be buried or co-located within the widths of such high-
21 ways as defined in law, and bicycle paths may, consistent with standards
22 and requirements set forth in law, and following receipt of all permits
23 or authorizations required by law, be constructed and maintained within
24 the widths of such highways, as defined in law; provided, however, when
25 no viable alternative exists and when necessary to ensure public health
26 and safety, a stabilization device for an existing utility pole may be
27 located in proximity to the width of the road, as defined in law;
28 provided further, that any co-location, burial, maintenance or
29 construction shall minimize the removal of trees or vegetation and shall
30 not include the construction of any new intrastate natural gas or oil
31 pipelines that have not received all necessary state and local permits
32 and authorizations as of June first, two thousand sixteen.
33 § 3. Resolved (if the Assembly concur), That the foregoing amendment
34 be submitted to the people for approval at the general election to be
35 held in the year 2017 in accordance with the provisions of the election
36 law.
