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 Committee Votes:

ENVIRONMENTAL CONSERVATION Chair:Englebright DATE:06/15/2016AYE/NAY:30/0 Action: Favorable refer to committee Ways and Means
EnglebrightAyeStecAye
GlickAyeButlerAye
ColtonAyeRaiaAye
CymbrowitzAyeSaladinoAye
LiftonAyeLopezAye
O'DonnellAyeCorwinAye
Peoples-StokesAyeGarbarinoAye
GuntherAyePalumboAye
LupardoAye
JaffeeAye
KavanaghAye
SchimelAye
TitoneAye
ZebrowskiAye
CrespoAye
ThieleAye
AbinantiAye
RyanAye
FahyAye
RozicAye
OtisAye
WilliamsAye

WAYS AND MEANS Chair:Farrell DATE:06/16/2016AYE/NAY:31/0 Action: Favorable refer to committee Judiciary
FarrellAyeOaksAye
LentolExcusedCrouchAye
SchimmingerAyeBarclayAye
GanttExcusedFitzpatrickAye
WeinsteinAyeSaladinoAye
GlickAyeHawleyAye
NolanExcusedDupreyAye
PretlowAyeCorwinAye
PerryAyeMalliotakisAye
ColtonAyeWalterAye
CookAye
CahillAye
AubryAye
HooperAye
ThieleAye
WrightExcused
CusickAye
OrtizAye
BenedettoAye
MarkeyAye
MoyaAye
WeprinAye
RodriguezAye
RamosAye
BraunsteinAye

JUDICIARY Chair:Weinstein DATE:06/16/2016AYE/NAY:21/0 Action: Favorable refer to committee Rules
WeinsteinAyeMontesanoAye
DinowitzAyeBarclayAye
TitusAyeGoodellAye
LavineAyeGrafAye
ZebrowskiAyeLupinacciAye
WeprinAyePalumboAye
BraunsteinAye
SimotasAye
QuartAye
TitoneAye
BuchwaldAye
SteckAye
SeawrightAye
SimonAye
JoynerAye

RULES Chair:Heastie DATE:06/17/2016AYE/NAY:24/0 Action: Favorable
HeastieAyeKolbAye
GottfriedAyeTediscoAye
LentolAyeOaksAye
FarrellAyeButlerAye
GanttExcusedCrouchExcused
NolanAyeFinchExcused
WeinsteinAyeBarclayAye
HooperAyeRaiaAye
OrtizExcusedDupreyExcused
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightAye
WrightExcused
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
MarkeyAye

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A10721 Floor Votes:

DATE:06/17/2016Assembly Vote  YEA/NAY: 119/0
ER
Abbate
Yes
Crespo
Yes
Gottfried
Yes
Lopez
ER
Palumbo
Yes
Simon
Yes
Abinanti
ER
Crouch
Yes
Graf
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Arroyo
ER
Curran
Yes
Gunther
Yes
Lupinacci
ER
Peoples-Stokes
Yes
Skartados
Yes
Aubry
Yes
Cusick
Yes
Harris
ER
Magee
Yes
Perry
Yes
Skoufis
Yes
Barclay
Yes
Cymbrowitz
Yes
Hawley
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Barrett
Yes
Davila
Yes
Hevesi
Yes
Malliotakis
Yes
Pretlow
Yes
Stec
ER
Barron
Yes
DenDekker
ER
Hikind
Yes
Markey
Yes
Quart
Yes
Steck
ER
Benedetto
Yes
Dilan
Yes
Hooper
Yes
Mayer
Yes
Ra
Yes
Stirpe
ER
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonald
Yes
Raia
Yes
Tedisco
Yes
Blake
ER
DiPietro
Yes
Hyndman
Yes
McDonough
Yes
Ramos
Yes
Tenney
Yes
Blankenbush
ER
Duprey
ER
Jaffee
Yes
McKevitt
Yes
Richardson
Yes
Thiele
Yes
Brabenec
Yes
Englebright
Yes
Jean-Pierre
Yes
McLaughlin
Yes
Rivera
Yes
Titone
Yes
Braunstein
Yes
Fahy
Yes
Johns
ER
Miller
ER
Robinson
ER
Titus
ER
Brennan
Yes
Farrell
Yes
Joyner
Yes
Montesano
Yes
Rodriguez
Yes
Walker
Yes
Brindisi
ER
Finch
ER
Katz
Yes
Morelle
Yes
Rosenthal
Yes
Walter
Yes
Bronson
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Mosley
ER
Rozic
Yes
Weinstein
Yes
Buchwald
Yes
Friend
Yes
Kearns
Yes
Moya
Yes
Russell
ER
Weprin
Yes
Butler
Yes
Galef
ER
Kim
Yes
Murray
Yes
Ryan
Yes
Williams
Yes
Cahill
ER
Gantt
Yes
Kolb
Yes
Nojay
Yes
Saladino
Yes
Woerner
Yes
Cancel
Yes
Garbarino
ER
Lalor
Yes
Nolan
Yes
Santabarbara
ER
Wozniak
Yes
Castorina
Yes
Giglio
Yes
Lavine
Yes
Oaks
Yes
Schimel
ER
Wright
Yes
Ceretto
Yes
Gjonaj
Yes
Lawrence
Yes
O'Donnell
Yes
Schimminger
Yes
Zebrowski
Yes
Colton
Yes
Glick
Yes
Lentol
ER
Ortiz
Yes
Seawright
Yes
Mr. Speaker
Yes
Cook
ER
Goldfeder
Yes
Lifton
Yes
Otis
Yes
Sepulveda
Yes
Corwin
Yes
Goodell
Yes
Linares
Yes
Palmesano
ER
Simanowitz

‡ Indicates voting via videoconference
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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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