Authorizes the department of environmental conservation to grant an easement through the Boutwell Hill state forest for electric generation facilities associated with a wind powered electric generation project

BILL NUMBER:S3505A

Title of bill

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

Purpose

Authorizes the department of environmental conservation to grant an easement through the Boutwell Hill state forest for electric generation facilities associated with a wind powered electric generation project.

Summary of provisions

Section 1. Establishes the legislative intent. For the state to achieve the goals of the New York State renewable portfolio standard, the state energy plan and similar state energy policies, the development of renewable energy sources, including wind power, is essential.

Section 2. Authorizes the Department of Environmental Conservation to grant an easement for an electric distribution line on real property within the Boutwell Hill state forest.

Section 3. Establishes that the Department of Environmental Conservation is authorized to grant such easement, without bid and for such reasonable consideration that the department deems proper, upon application by an authorized officer or employee of the wind powered electric generation project.

Section 4. Establishes that the applicant for the easement shall be responsible for the preparation and filing of any required easement maps or surveys.

Section 5. Establishes that the existence of this act or an easement granted in accordance with this act, shall constitute sufficient proof of land control with respect to a proposed easement route for a distribution line through the Boutwell Hill state forest for the purposes of compliance with the application requirements of article 10 of the public service law and any associated regulations.

Justification

In order for New York State to reduce greenhouse gases and achieve the goals of the New York State Renewable Portfolio Standard, the State Energy Plan, and similar policies, the development of renewable energy sources including wind energy is essential.

This legislation authorizes the Department of Environmental Conservation, if they choose to do so, to grant an easement through the Boutwell Hill State Forest for a wind energy project. This

electric distribution interconnection line will be subject to intensive review under Article 10 of the Public Service Law.

The Towns of Charlotte and Cherry Creek, where this electric distribution line would run, have both passed resolutions in support of this project.

This project has the potential to create economic benefits to the Towns through construction and permanent employment, as well as direct and indirect economic gain to the area.

Legislative history

2014: S.7489-A/A.10087, Passed Senate

Fiscal implications

To be determined. Anticipated revenue to the state.

Effective date

This act shall take effect immediately.