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S08026 Summary:

BILL NOS08026A
 
SAME ASSAME AS A10721-A
 
SPONSORLITTLE
 
COSPNSRAMEDORE, BONACIC, FARLEY, GRIFFO, SEWARD
 
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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S08026 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8026--A
            Cal. No. 1668
 
                    IN SENATE
 
                                      June 6, 2016
                                       ___________
 
        Introduced  by Sens. LITTLE, AMEDORE, BONACIC, FARLEY, GRIFFO, SEWARD --
          read twice and ordered printed, and when printed to  be  committed  to
          the  Committee  on  Rules  --  reported favorably from said committee,
          ordered to a third reading, passed by  Senate  and  delivered  to  the
          Assembly,  recalled,  vote  reconsidered,  restored  to third reading,
          amended and ordered reprinted, retaining its place  in  the  order  of
          third reading
 
                    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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89130-03-6

        S. 8026--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 Assembly concur), That article 14 of the consti-
    13  tution 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 Assembly concur), That the foregoing amendments
    35  be 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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