Authorizes the county of Monroe to convey appropriate instruments to EH Henrietta Solar 1 LLC and EH Henrietta Solar 2 LLC for an easement across Lehigh Valley Trail Park, for ingress and egress to and from the project site and installation of a medium voltage cable; makes related provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10129A
SPONSOR: Bronson TITLE OF BILL:
An act in relation to authorizing the county of Monroe to convey appro-
priate instruments to EH Henrietta Solar 1 LLC and EH Henrietta Solar 2
LLC for an easement across Lehigh Valley Trail Park, for ingress and
egress to and from the project site and installation of a medium voltage
cable
SUMMARY OF PROVISIONS:
Section 1 authorizes the County of Monroe (the "County") to grant to EH
Henrietta Solar 1 LLC and EH Henrietta Solar 2 LLC an easement across
Lehigh Valley Trail Park. The purpose of the easement is to install and
maintain an access road for ingress and egress, and to install, operate
and maintain a subsurface cable to facilitate electric grid intercon-
nection. Upon completion of the improvements, the land shall continue to
be used as a park and any disturbances to the surface of the land due to
the subsurface medium voltage cable shall be restored.
Section 2 provides that the authorization to convey the easement shall
be effective only upon the condition that the county of Monroe dedicate
the fair market value of the easement towards the acquisition of new
parklands and/or capitol improvements to existing park and recreational
facilities.
Section 3 includes the description of the easement.
Section 4 provides that if the subsurface cable ceases to be used for
electrical gird interconnection, the easement shall terminate. At the
time of such termination, the removal of the access road and subsurface
cable shall take place and the property shall be returned to its previ-
ous state, consistent with park and recreational purposes.
Section 5 conditions the transfer upon the County's compliance with
applicable federal requirements pertaining to the alienation or conver-
sion of parklands.
Section 6 is effective date.
JUSTIFICATION:
New York State has a comprehensive and ambitious goal of achieving 70%
renewably sourced electricity by 2030 and a zero-emission electric grid
by 2040. GreenSpark Solar is a company fully committed to this objec-
tive. As always, actions speak louder than words, and GreenSpark Solar's
actions in the solar sector have been remarkable. In this regard,
GreenSpark Solar and the Project Companies, EH Henrietta
STATE OF NEW YORK
________________________________________________________________________
10129--A
IN ASSEMBLY
May 6, 2024
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee on Local Governments -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT in relation to authorizing the county of Monroe to convey appro-
priate instruments to EH Henrietta Solar 1 LLC and EH Henrietta Solar
2 LLC for an easement across Lehigh Valley Trail Park, for ingress and
egress to and from the project site and installation of a medium volt-
age cable
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The county of Monroe, acting by and through its governing
2 body, is hereby authorized to convey by appropriate instruments to EH
3 Henrietta Solar 1 LLC and EH Henrietta Solar 2 LLC, and their successors
4 and/or assigns, an easement across Lehigh Valley Trail Park, as more
5 particularly described in section three of this act, to install and
6 maintain an access road for ingress and egress, and to install, operate,
7 and maintain a subsurface cable to facilitate electric grid intercon-
8 nection, provided that the thoroughfare shall be publicly accessible and
9 able to be used for park purposes. Upon completion of the improvements,
10 the land shall continue to be used for park purposes and any disturb-
11 ances to the surface of the land due to the subsurface cable shall be
12 restored by EH Henrietta Solar 1 LLC and EH Henrietta Solar 2 LLC, and
13 their successors and/or assigns.
14 § 2. The authorization provided in section one of this act shall be
15 effective only upon the condition that the county of Monroe dedicate the
16 fair market value of the easement toward the acquisition of new park-
17 lands and/or capital improvements to existing park and recreational
18 facilities.
19 § 3. The easement to be conveyed by the county of Monroe pursuant to
20 the provisions of this act is described as follows:
21 All that tract or parcel of land, situate in the town of Henrietta,
22 county of Monroe, state of New York, being part of lot 21, range 3,
23 township 12, particularly bounded and described as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15454-02-4
A. 10129--A 2
1 Commencing at a point in the division line between the lands of Lehr-
2 wood Estates, LLC (reputed owner), Liber 12459 at page 515 (Tax No.
3 189.02-1-5), on the west with the lands of the County Of Monroe (reputed
4 owner), Liber 7217 at page 35 (Tax No. 189.04-1-49), on the east, said
5 point also being in the southerly right-of-way of the New York State
6 Thruway Authority (I-90); thence
7 South 08°37'21" west, along said division line, a distance of 42.37
8 feet to the point of beginning; thence
9 North 87°55'42" east, through said property of the County Of Monroe, a
10 distance of 67.17 feet to a point in the division line between the lands
11 of Lehrwood Estates, LLC (reputed owner), Liber 12459 at page 515 (Tax
12 No. 189.02-1-5), on the east with said lands of the County Of Monroe
13 (reputed owner), Liber 7217 at page 35 (Tax No. 189.04-1-49), on the
14 west; thence
15 South 08°37'21" west, along said division line, a distance of 40.71
16 feet to a point; thence
17 South 87°55'42" west, through said property of the County Of Monroe, a
18 distance of 67.17 feet to a point; thence
19 North 08°37'21" east, along said first division line, a distance of
20 40.71 feet to the point of beginning. Containing 0.062 acres more or
21 less.
22 § 4. Should the subsurface cable cease to be used for electric grid
23 interconnection, the easement shall terminate. At the time of such
24 termination, the removal of the access road and subsurface cable shall
25 take place and the property shall be returned to its previous state,
26 consistent with park and recreational purposes.
27 § 5. The conveyance of the easement authorized by the provisions of
28 this act shall not occur until the county of Monroe has complied with
29 any applicable federal requirements pertaining to the alienation or
30 conversion of parklands, including satisfying the secretary of the inte-
31 rior that the alienation or conversion complies with all conditions
32 which the secretary of the interior deems necessary to ensure that the
33 substitution of other lands or monetary compensation be equivalent in
34 fair market value and recreational usefulness to the lands being alien-
35 ated or converted.
36 § 6. This act shall take effect immediately.
