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A10129 Summary:

BILL NOA10129A
 
SAME ASSAME AS S09393
 
SPONSORBronson
 
COSPNSR
 
MLTSPNSR
 
 
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.
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A10129 Memo:

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
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A10129 Text:



 
                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.
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