Authorizes the commissioner of environmental conservation to grant utility easements within reforestation areas upon certain findings

BILL NUMBER:S3638

Title of bill

An act to amend the environmental conservation law, in relation to the granting of utility easements within reforestation areas

Purpose

To authorize the issuance of a permit to allow for a utility easement along a public roadway on state owned reforestation land.

Summary of provisions

The bill adds a new Section 9-0511 of the Envi- ronmental Conservation Law to provide that DEC may issue a permit for the placement of utility lines along a public roadway right of way in instances where the municipal entity holding the right of way includes the placement of utilities. In order to issue the permit, DEC must review the proposed easement for environmental compatibility and deter- mine that there will be no significant impact on the environment when considered in light of likely alternative energy sources. (i.e. a propane tank and/or a generator.)

Existing law

Existing law does not provide authority for DEC to issue easements along public right of ways in state owned reforestation lands to private landowners.

Justification

Article 9 of the Environmental Conservation law has been interpreted by DEC to prohibit DEC from issuing a right of way for util- ity purposes through an existing public roadway in order to provide utility service to private individuals who own cabins within the reforestation land. Section 9-0501 of the ECL provides that reforesta- tion lands consist of lands of at least 500 contiguous acres which are forever devoted to the planting, growing, and harvesting of trees. Many of these reforestation areas were acquired with existing residential cabins, and public roadways. In instances where a cabin owner wishes to provide utility service to his residence, he is often forced to opt for the use of a generator as an alternative power source. This alternative power source actually may result in greater environmental stress than electric service. There are an increasing number of individuals who are turning former seasonal cabins into year round homes for retirement usage which could utilize utility service.

Legislative history

2011 - S. 4759

Fiscal implications

Minimal cost based on review process and permit issuance

Effective date

Immediately