What's happening
This bill authorizes the leasing of land near highways and transit property for up to 99 years for solar and wind energy projects.
Why it matters
Unlocks long-term renewable energy development. by allowing up to 99-year leases on state, county, town, and Metropolitan Transportation Authority (MTA) properties, giving solar and wind project developers the security needed for major investments.
Expands usable land for clean energy. by permitting solar and wind infrastructure on otherwise non-developable spaces—such as sound barriers, retaining walls, parking lots, and bridge structures—maximizing the use of public land without disrupting existing transportation functions.
Streamlines permitting and local approval. by exempting these projects from local laws, ordinances, and regulations, ensuring that state and federal rules exclusively govern the siting and operation of renewable energy systems, which could accelerate deployment but may limit local input.
Protects property access rights. by explicitly stating that leases cannot take away an abutting landowner’s right of access, addressing a common property rights concern when public land is repurposed.
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Who cares
Headline styles
Lease Highway Land for Renewables
Plain English, a few words. Used as the page title.
Sponsors
4 Multi-sponsors
History
- Referred to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Lease Highway Land for Renewables
In Senate Committee · Transportation · Sponsor Martin Malavé Dilan
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2506
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
Introduced by M. of A. ENGLEBRIGHT, HOOPER, GUNTHER, JAFFEE, AUBRY, LIFTON -- Multi-Sponsored by -- M. of A. CRESPO, MAGEE, PERRY, THIELE -- read once and referred to the Committee on Transportation
AN ACT to amend the highway law, in relation to authorizing the leasing of land adjacent to state and local highways for the purpose of the construction and operation of solar and wind electric generating systems; and to amend the public authorities law, in relation to granting such authorization to the metropolitan transportation authority
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 10 of the highway law is amended by adding a new subdivision 38-a to read as follows:
38-a. Have the power to lease, for a term not to exceed ninety-nine years, the property rights in air space, and/or unused surface or subsurface space in connection with any state-owned property under his or her jurisdiction or other property acquired for state highway purposes. Such leases shall be for the purposes of the construction and operation of solar and/or wind electric generating systems. Such systems may be mounted upon sound barriers, retaining walls, open unobstructed areas, parking lots, bridges, bridge structures, signs, sign structures and upon any other area upon the leased real property. The construction and operation of solar and wind electric generating systems subject to a lease authorized by this subdivision shall be subject to state and federal law, rules and regulations, but shall not be subject to any local law, resolution, ordinance, rule or regulation. The terms of any such lease shall be determined by the commissioner and shall be subject to the approval of the attorney general. In order to carry any such lease into effect, the commissioner is hereby authorized to execute and deliver, in the name of the people of the state, a lease to such property rights. Each such instrument of lease shall be prepared by the attor-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01381-01-7
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ney general. No such lease by the commissioner shall deprive an abutting landowner of his or her right of access.
§ 2. Section 102 of the highway law is amended by adding a new subdivision 19 to read as follows:
19. Have the power, subject to the approval of the county governing body, to lease, for a term not to exceed ninety-nine years, the property rights in air space, and/or unused surface or subsurface space in connection with any county-owned property under his or her jurisdiction or other property acquired for county road purposes. Such leases shall be for the purposes of the construction and operation of solar and/or wind electric generating systems. Such systems may be mounted upon sound barriers, retaining walls, open unobstructed areas, parking lots, bridges, bridge structures, signs, sign structures and upon any other area upon the leased real property. The construction and operation of solar and wind electric generating systems subject to a lease authorized by this subdivision shall be subject to state and federal law, rules and regulations, but shall not be subject to any local law, resolution, ordinance, rule or regulation. The terms of any such lease shall be determined by the county superintendent, and shall be subject to the approval of the county governing body. Such lease by the county superintendent shall not deprive an abutting landowner of his or her right of access.
§ 3. Section 140 of the highway law is amended by adding a new subdivision 20 to read as follows:
20. Have the power, subject to the approval of the town board, to lease, for a term not to exceed ninety-nine years, the property rights in air space, and/or unused surface or subsurface space in connection with any town-owned property under his or her jurisdiction or other property acquired for town road purposes. Such leases shall be for the purposes of the construction and operation of solar and/or wind electric generating systems. Such systems may be mounted upon sound barriers, retaining walls, open unobstructed areas, parking lots, bridges, bridge structures, signs, sign structures and upon any other area upon the leased real property. The construction and operation of solar and wind electric generating systems subject to a lease authorized by this subdivision shall be subject to state and federal law, rules and regulations but shall not be subject to any local law, resolution, ordinance, rule or regulation. The terms of any such lease shall be determined by the town superintendent, and shall be subject to the approval of the town board. Such lease by the town superintendent shall not deprive an abutting landowner of his or her right of access.
§ 4. Section 1265 of the public authorities law is amended by adding a new subdivision 15 to read as follows:
15. To lease, for a term not to exceed ninety-nine years, the property rights in air space, and/or unused surface or subsurface space in connection with any authority owned property or other property acquired for authority purposes. Such leases shall be for the purposes of the construction and operation of solar and/or wind electric generating systems. Such systems may be mounted upon sound barriers, retaining walls, open unobstructed areas, parking lots, bridges, bridge structures, signs, sign structures and upon any other area upon the leased real property. The construction and operation of solar and wind electric generating systems subject to a lease authorized by this subdivision shall be subject to state and federal law, rules and regulations, but shall not be subject to any local law, resolution, ordinance, rule or regulation. The terms of any such lease shall be determined by the
A. 2506 3
authority. Such lease by the authority shall not deprive an abutting landowner of his or her right of access.
§ 5. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.