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S06005 Summary:

S06005 Actions:

S06005 Committee Votes:

S06005 Floor Votes:

S06005 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6005--A
            Cal. No. 1005
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                      June 19, 2015
                                       ___________
 
        Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules  --  recommitted  to
          the  Committee on Environmental Conservation in accordance with Senate
          Rule 6, sec. 8 -- committee discharged and said bill 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
 
        AN ACT to authorize an easement on a portion of real property within the
          Boutwell Hill state  forest  in  the  county  of  Chautauqua  for  the
          location   of   electric  collection  or  distribution  facilities  in
          connection with a wind powered electric generation project located  in
          the  towns  of  Charlotte  and/or  Cherry Creek; and providing for the
          repeal of such provisions upon expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Notwithstanding the contrary provisions of section 9-0501
     2  of the environmental conservation law and the contrary provisions of the
     3  public lands  law,  the  department  of  environmental  conservation  is
     4  authorized  to  grant an easement for an electric collection or distrib-
     5  ution line on real property within the Boutwell Hill state forest, which
     6  meets the following conditions:
     7    (a) The easement is for an electric collection  or  distribution  line
     8  which  is  part of a wind powered electric generation project located in
     9  the towns of Charlotte and/or Cherry Creek.
    10    (b) The easement is for a portion of property within the Boutwell Hill
    11  state forest owned by the state and managed by the department  of  envi-
    12  ronmental conservation. The collection or distribution line shall be:
    13    (i) located within 50 feet of the center line of Housington Road, Mill
    14  Creek  Road, Boutwell Hill Road and East Road corridors within the state
    15  forest and in no event shall the location of the electric collection  or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00622-19-6
        S. 6005--A                          2
 
     1  distribution line require the cutting of trees greater than 50 feet from
     2  such collection or distribution line placed in or adjacent to such road;
     3  provided however, at such land located around the premises located at RD
     4  #1 Boutwell Hill Rd, Cherry Creek, New York, being part of Lot 61, Town-
     5  ship  4,  Range  10 of the Holland Land Company's Survey, described more
     6  fully in paragraph (ii) of this subdivision, beginning at a point of  50
     7  feet north from the northeast corner of such parcel and east to Boutwell
     8  Hill  Road,  for  a  distance  not  to  exceed a total of 1500 feet, the
     9  collection or distribution line may be located within 500  feet  of  the
    10  center  line  of  Boutwell  Hill Road and 250 feet of the center line of
    11  East road.  Provided further that in such areas tree  cutting  shall  be
    12  minimized to the maximum extent practicable;
    13    (ii)  commencing  at a point in the center of the highway leading from
    14  Charlotte Center to the Neub Road (also leading to Kent Road Highway) at
    15  the southwest corner of lands now or formerly owned  by  May  V.  Emley;
    16  running  thence north along the west line of lands now or formerly owned
    17  by said Emley and Henry DuBursted, a distance of  8  rods  to  a  point;
    18  thence  westerly  and parallel with the road center, 10 rods to a point;
    19  thence southerly and parallel to the first described line, 8 rods to the
    20  center of the highway; and thence easterly along the center of the high-
    21  way, 10 rods to the place of beginning,  containing  one  half  acre  of
    22  land, be the same more or less; and
    23    (iii) a total distance of not more than 1.4 miles.
    24    (c)  The  easement will be conveyed by the department of environmental
    25  conservation and take effect only in the event a collection or  distrib-
    26  ution  line  proposed  to be located on such easement lands is certified
    27  and approved as part of a  wind  powered  electric  generation  facility
    28  pursuant to articles 7 and 10 of the public service law.
    29    (d)  The  easement  shall  terminate  when the associated wind powered
    30  electric generation project ceases to operate for 18 months as set forth
    31  in the easement and the easement shall then revert to the  state  to  be
    32  managed  by the department of environmental conservation as state forest
    33  land.
    34    (e) The use of chemicals/herbicides  for  clearing  said  easement  is
    35  prohibited  unless prior approval for the same is granted by the depart-
    36  ment of environmental conservation, division of lands and forests.
    37    § 2. (a) In entering into the easement described  in  section  one  of
    38  this  act, the department of environmental conservation is authorized to
    39  grant such easement for fair market value plus  twenty  percent  of  the
    40  value of the easement and one hundred thousand dollars, upon application
    41  by  Everpower.    An amount, not less than fair market value plus twenty
    42  percent of the value of the easement plus one hundred  thousand  dollars
    43  shall  be  used to obtain for the state an interest in real property for
    44  open space purposes in region  9  of  the  department  of  environmental
    45  conservation  from  the  regional priority conservation projects list in
    46  region 9 as part of this state's open space conservation plan. The total
    47  payment for such acquisition(s) shall not be less than the value of  the
    48  easement to be conveyed by the state plus twenty percent of the value of
    49  such easement plus one hundred thousand dollars.
    50    (b)  The  description of the easement to be conveyed contained by this
    51  act is not intended to be a legal description, but is intended to  iden-
    52  tify the easement to be conveyed.  As a condition of conveyance Everpow-
    53  er  shall  submit  to the commissioner of environmental conservation for
    54  his or her approval an accurate survey and description of lands general-
    55  ly described in this section which may be used in the conveyance  there-
    56  of.
        S. 6005--A                          3

     1    (c)  The  grant of the easement is conditioned on, first, the acquisi-
     2  tion of the exchange parcel  by  the  state,  and  second,  issuance  of
     3  certificates  of environmental compatibility and public need pursuant to
     4  the provisions of articles 7 and 10 of the public service law.
     5    (d)  Compensation for the stumpage value for trees to be felled by the
     6  entity shall be used for the same purpose as in subdivision (a) of  this
     7  section with the felled trees to become the property of Everpower. Stum-
     8  page  value is to be determined by a department of environmental conser-
     9  vation forester based on the most  recent  department  of  environmental
    10  conservation stumpage price report at the time the trees are felled.
    11    §  3.  The  commissioner  of  environmental conservation may prescribe
    12  additional terms for such exchange of real property. Such contract shall
    13  not become binding upon the state until  approved  by  the  state  comp-
    14  troller. Title to the land to the people of the state of New York pursu-
    15  ant to the provisions of such contract shall be approved by the attorney
    16  general, and the deed to the state shall be approved by him or her as to
    17  form and manner of execution and recordability before such deed shall be
    18  accepted on behalf of the state. Notwithstanding the contrary provisions
    19  of  the  public  lands  law,  the conveyance of the state-owned easement
    20  pursuant to such contract shall be  without  reservation  or  exception,
    21  except  as  provided  for  in  such  contract. Upon certification by the
    22  commissioner of environmental conservation to the commissioner of gener-
    23  al services of a copy of the contract, and certification that  Everpower
    24  has  complied  with  all terms and conditions of the contract upon their
    25  part to be kept and performed, together with a description of any of the
    26  easements to be exchanged, conveyed  and/or  payments  to  be  made  the
    27  commissioner  of general services shall convey the easement described in
    28  section one of this  act  in  accordance  with  the  provisions  of  the
    29  contract.
    30    §  4.  This act shall take effect immediately, and shall expire and be
    31  deemed repealed five years after such date;  provided,  however,  should
    32  the  easement  be  granted within the 5 years, the terms of the easement
    33  will establish the end date of the easement. At such time the land  will
    34  revert back to the state of New York for state forest purposes.