Authorizes the lease of lands adjacent to state, county and town highways for operation of wind or solar electric generating systems; authorizes the metropolitan transportation authority to enter into such leases.
STATE OF NEW YORK
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5520
2011-2012 Regular Sessions
IN ASSEMBLY
February 23, 2011
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Introduced by M. of A. ENGLEBRIGHT, HOOPER, BOYLAND, GUNTHER, SCHIMEL,
GIBSON, JAFFEE, AUBRY, MAISEL, CASTRO, BARRON, LIFTON, MARKEY --
Multi-Sponsored by -- M. of A. BOYLE, BRENNAN, CRESPO, LAVINE, MAGEE,
McENENY, PERRY, PHEFFER, REILLY, SWEENEY, THIELE -- read once and
referred to the Committee on Transportation
AN ACT to amend the highway law, in relation to authorizing the leasing
of land adjacent to state and local highways for the purpose of the
construction and operation of solar and wind electric generating
systems; and to amend the public authorities law, in relation to
granting such authorization to the metropolitan transportation author-
ity
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 10 of the highway law is amended by adding a new
2 subdivision 38-a to read as follows:
3 38-a. Have the power to lease, for a term not to exceed ninety-nine
4 years, the property rights in air space, and/or unused surface or
5 subsurface space in connection with any state-owned property under his
6 or her jurisdiction or other property acquired for state highway
7 purposes. Such leases shall be for the purposes of the construction and
8 operation of solar and/or wind electric generating systems. Such systems
9 may be mounted upon sound barriers, retaining walls, open unobstructed
10 areas, parking lots, bridges, bridge structures, signs, sign structures
11 and upon any other area upon the leased real property. The construction
12 and operation of solar and wind electric generating systems subject to a
13 lease authorized by this subdivision shall be subject to state and
14 federal law, rules and regulations, but shall not be subject to any
15 local law, resolution, ordinance, rule or regulation. The terms of any
16 such lease shall be determined by the commissioner and shall be subject
17 to the approval of the attorney general. In order to carry any such
18 lease into effect, the commissioner is hereby authorized to execute and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03018-01-1
A. 5520 2
1 deliver, in the name of the people of the state, a lease to such proper-
2 ty rights. Each such instrument of lease shall be prepared by the attor-
3 ney general. No such lease by the commissioner shall deprive an abutting
4 landowner of his or her right of access.
5 § 2. Section 102 of the highway law is amended by adding a new subdi-
6 vision 19 to read as follows:
7 19. Have the power, subject to the approval of the county governing
8 body, to lease, for a term not to exceed ninety-nine years, the property
9 rights in air space, and/or unused surface or subsurface space in
10 connection with any county-owned property under his or her jurisdiction
11 or other property acquired for county road purposes. Such leases shall
12 be for the purposes of the construction and operation of solar and/or
13 wind electric generating systems. Such systems may be mounted upon sound
14 barriers, retaining walls, open unobstructed areas, parking lots, bridg-
15 es, bridge structures, signs, sign structures and upon any other area
16 upon the leased real property. The construction and operation of solar
17 and wind electric generating systems subject to a lease authorized by
18 this subdivision shall be subject to state and federal law, rules and
19 regulations, but shall not be subject to any local law, resolution,
20 ordinance, rule or regulation. The terms of any such lease shall be
21 determined by the county superintendent, and shall be subject to the
22 approval of the county governing body. Such lease by the county super-
23 intendent shall not deprive an abutting landowner of his or her right of
24 access.
25 § 3. Section 140 of the highway law is amended by adding a new subdi-
26 vision 20 to read as follows:
27 20. Have the power, subject to the approval of the town board, to
28 lease, for a term not to exceed ninety-nine years, the property rights
29 in air space, and/or unused surface or subsurface space in connection
30 with any town-owned property under his or her jurisdiction or other
31 property acquired for town road purposes. Such leases shall be for the
32 purposes of the construction and operation of solar and/or wind electric
33 generating systems. Such systems may be mounted upon sound barriers,
34 retaining walls, open unobstructed areas, parking lots, bridges, bridge
35 structures, signs, sign structures and upon any other area upon the
36 leased real property. The construction and operation of solar and wind
37 electric generating systems subject to a lease authorized by this subdi-
38 vision shall be subject to state and federal law, rules and regulations
39 but shall not be subject to any local law, resolution, ordinance, rule
40 or regulation. The terms of any such lease shall be determined by the
41 town superintendent, and shall be subject to the approval of the town
42 board. Such lease by the town superintendent shall not deprive an abut-
43 ting landowner of his or her right of access.
44 § 4. Section 1265 of the public authorities law is amended by adding a
45 new subdivision 15 to read as follows:
46 15. To lease, for a term not to exceed ninety-nine years, the property
47 rights in air space, and/or unused surface or subsurface space in
48 connection with any authority owned property or other property acquired
49 for authority purposes. Such leases shall be for the purposes of the
50 construction and operation of solar and/or wind electric generating
51 systems. Such systems may be mounted upon sound barriers, retaining
52 walls, open unobstructed areas, parking lots, bridges, bridge struc-
53 tures, signs, sign structures and upon any other area upon the leased
54 real property. The construction and operation of solar and wind electric
55 generating systems subject to a lease authorized by this subdivision
56 shall be subject to state and federal law, rules and regulations, but
A. 5520 3
1 shall not be subject to any local law, resolution, ordinance, rule or
2 regulation. The terms of any such lease shall be determined by the
3 authority. Such lease by the authority shall not deprive an abutting
4 landowner of his or her right of access.
5 § 5. This act shall take effect immediately.
