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

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; and providing for the repeal of such provisions upon expiration thereof

Purpose

This bill 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 Authorizes the department of environmental conservation to grant an easement for an electric collection or distribution line located in the towns of Charlotte and/or Cherry Creek. Describes the area and distance through which such line may be laid. Establishes that such easement may not occur until the proposed line is certified pursuant to article 7 and/or 10 of the public services law. Describes that the easement shall terminate if the project ceases to operate for 18 months. Restricts the use of chemical/herbicides for clearing the easement.

Section 2 Allows DEC to grant such easement for fair market value of the land plus 20% and $100,000 to purchase property from the region 9 department of environmental conservation priorities list. Requires a survey to be completed as a condition of conveyance. The easement may be granted upon the following two conditions: 1) the acquisition of the exchange parcel by DEC and 2) issuance of certificates pursuant to article 7 and/or 10 of the public service law. Stumpage fees must also be paid for trees felled and the proceeds used for the acquisition of property.

Section 3 Additional terms may be prescribed by the commissioner of environmental conservation.

Section 4 This act shall take place immediately, however it shall expire if such easement has not been granted within five years.

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

New Bill.

Fiscal implications

Revenue in excess of $100,000 to the state.

Effective date

Effective immediately.