A10721 Summary:

BILL NOA10721A
 
SAME ASSAME AS S08026-A
 
SPONSOREnglebright
 
COSPNSROtis, Stec, Lopez, Kavanagh
 
MLTSPNSR
 
Amd Art 14 1, add 6, Constn
 
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.
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A10721 Actions:

BILL NOA10721A
 
06/13/2016referred to environmental conservation
06/15/2016reported referred to ways and means
06/16/2016reported referred to judiciary
06/16/2016reported referred to rules
06/17/2016amend and recommit to rules 10721a
06/17/2016reported
06/17/2016rules report cal.551
06/17/2016ordered to third reading rules cal.551
06/17/2016passed assembly
06/17/2016delivered to senate
06/17/2016REFERRED TO RULES
06/17/2016SUBSTITUTED FOR S8026A
06/17/20163RD READING CAL.1668
06/17/2016PASSED SENATE
06/17/2016RETURNED TO ASSEMBLY
06/29/2016to attorney-general for opinion
07/18/2016delivered to secretary of state
07/29/2016opinion referred to judiciary
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A10721 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10721--A
 
                   IN ASSEMBLY
 
                                      June 13, 2016
                                       ___________
 
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Englebright)
          --  read once and referred to the Committee on Environmental Conserva-
          tion -- reported and referred to the Committee on Ways  and  Means  --
          reported  and  referred  to the Committee on Judiciary -- reported and
          referred to the Committee on Rules -- Rules Committee discharged, bill
          amended, ordered reprinted as amended and recommitted to the Committee
          on Rules
 
                    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 Senate concur), That section 1 of article
     2  14 of the constitution be amended by adding a new undesignated paragraph
     3  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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89132-07-6

        A. 10721--A                         2
 
     1  of any such highway shall exceed one mile in length; and water wells and
     2  necessary appurtenances when such wells are necessary to  meet  drinking
     3  water  quality standards and are located within five hundred thirty feet
     4  of  state  highways,  county  highways,  and town highways listed on the
     5  local highway inventory maintained by the department of  transportation,
     6  dedicated,  and in existence on January first, two thousand fifteen, and
     7  annually plowed and regularly maintained. As a condition of the creation
     8  of such health and safety land  account  the  state  shall  acquire  two
     9  hundred  fifty acres of land for incorporation into the forest preserve,
    10  on condition that the legislature shall approve such lands to  be  added
    11  to the forest preserve.
    12    § 2. Resolved (if the Senate concur), That article 14 of the constitu-
    13  tion be amended by adding a new section 6 to read as follows:
    14    § 6. Where state, county, or town highways listed on the local highway
    15  inventory  maintained by the department of transportation, dedicated and
    16  in existence on January first, two thousand fifteen, and annually plowed
    17  and regularly maintained, traverse forest preserve land, public  utility
    18  lines,  limited  to electric, telephone, broadband, water or sewer lines
    19  as defined in law, may, consistent with standards and  requirements  set
    20  forth  in  law,  and  following receipt of all permits or authorizations
    21  required by law, be buried or co-located within the widths of such high-
    22  ways as defined in law, and bicycle paths may, consistent with standards
    23  and requirements set forth in law, and following receipt of all  permits
    24  or  authorizations required by law, be constructed and maintained within
    25  the widths of such highways, as defined in law; provided, however,  when
    26  no  viable alternative exists and when necessary to ensure public health
    27  and safety, a stabilization device for an existing utility pole  may  be
    28  located  in  proximity  to  the  width  of  the road, as defined in law;
    29  provided  further,  that  any  co-location,   burial,   maintenance   or
    30  construction shall minimize the removal of trees or vegetation and shall
    31  not  include  the  construction of any new intrastate natural gas or oil
    32  pipelines that have not received all necessary state and  local  permits
    33  and authorizations as of June first, two thousand sixteen.
    34    § 3. Resolved (if the Senate concur), That the foregoing amendments be
    35  referred  to  the  first regular legislative session convening after the
    36  next succeeding general election of members to  the  assembly,  and,  in
    37  conformity  with  section  1  of  article  19  of  the  constitution, be
    38  published for 3 months previous to the time of such election.
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