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

BILL NUMBER:S1564

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 over certain real property owned by the state of New York in the town of Orange.

Summary of provisions

Section 1: The commissioner of environmental conservation is authorized to enter into a contract on behalf of the state of New York with the owner of property located in the town of Orange, county of Schuyler, designated as Sugar Hill Reforestation with identification number 72.00-1-10, or the company the owner has or will contract with for electrical power for a utility easement over a reforestation area.

Section 2: In order for the commissioner of environmental conservation to issue the permit, he must review the proposed easement for environmental compatibility and determine that there will be no significant impact on the natural environment, wildlife and birds the aesthetics of the region, outdoor recreational opportunities and whether or not the public good will be served by granting such an easement.

Section 3: Stipulates the language that must be included describing the metes and bounds of the easement, stipulates clearing and trimming of vegetation is to be done by manual or mechanical means and the use of chemicals or herbicides is prohibited unless prior approval is granted by the department of Environmental Conservation. All dealings with any and all vegetation will be done in accordance with the special terms and conditions as stated in a temporary revocable permit (TRP), or other applicable instruments issued by division of lands and forests.

Section 4: The contract shall not become binding upon the state until approved by the director of the budget and state comptroller. The commissioner of general services will convey a permanent easement to the grantee once he has complied with all the terms and conditions of the contract

Section 5: This act shall take effect immediately.

Existing law

Existing law does not provide authority for the commissioner of environmental conservation to issue easements over certain real property owned by the state of New York.

Justification

Article 9 of the Environmental Conservation Law prohibits issuing a right of way for utility 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 reforestation 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 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

2014-S.3638

Fiscal implications

Minimal cost based on review process and permit issuance.

Local fiscal implications

None

Effective date

Immediately