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S2930Senate2017-2018 SessionSame asA2506

Lease Highway Land for Renewables

Official title

“Authorizes the lease of lands adjacent to state, public authority and local highways for operation of wind or solar electric generating systems”

Sponsor Martin Malavé DilanSD-18Affects Transportation
Status
In Senate Committee
Transportation
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill allows the leasing of air, surface, or subsurface space alongside highways and transportation properties for solar and wind energy systems.

Why it matters

  1. Unlocks new locations for renewable energy. By allowing leases of air, surface, and subsurface spaces along highways and transportation properties, the bill enables the use of otherwise unused or underutilized land for solar and wind energy generation, increasing the state's capacity for renewable energy without requiring new land acquisitions.

  2. Streamlines regulatory process for renewables. Projects built under these leases are exempt from local laws, ordinances, and regulations, meaning they only need to comply with state and federal rules. This could significantly speed up project timelines and reduce barriers that often delay or block local renewable energy installations.

  3. Provides long-term certainty for energy developers. With lease terms allowed for up to 99 years, the bill offers stability and predictability for investors and developers, which can make financing and building renewable infrastructure more attractive and feasible.

  4. Ensures property rights and access are protected. The legislation specifically states that no lease can deprive abutting landowners of their right of access, addressing a common concern about how infrastructure projects might impact neighboring properties.

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Who cares

Headline styles

Lease Highway Land for Renewables

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Martin Malavé Dilan

Senator · Senate District 18

No co-sponsors yet.

History

  1. Referred to transportation
  2. 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.

A2506Assembly

Lease Highway Land for Renewables

In Assembly Committee · Transportation · Sponsor Steven Englebright

Impact 7 · Significant0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2930

2017-2018 Regular Sessions

IN SENATE

January 18, 2017

Introduced by Sen. DILAN -- read twice and ordered printed, and when printed to be committed 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 attorney 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:

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01381-01-7

S. 2930 2

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 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.

Sponsor's memo

Title of bill

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

Purpose

To authorize the lease of lands adjacent to state and county highways for operation of wind or solar electric generating systems.

Summary of provisions

Section1amends Section10 of the highway law by adding a new subdivision 38-a.

Section2amends Section102 of the highway law by adding a new subdivision 19.

Section3amends Section140 of the highway law by adding a new subdivision 20.

Justification

This legislation will help to spur economic opportunities in alternative energy as well as energy independence by creating a mechanism for the leasing of lands adjacent to state and county highways for operation of wind or solar electric generating systems.

Other states have already pioneered the use of highway right of ways for siting alternative solar energy generating systems. In 2008, the State of Oregon installed the country's first solar project in a highway right of way. The project consists of a 104 kW solar photovoltaic system that covers 8,000 square feet- roughly the length of two football fields- and produces 112,000 kwh each year. The solar panels produce electricity during the day, giving the power to the PGE grid, and getting the equivalent amount of power back at night from PGE to power lighting on the highway. Electricity for the highway interchange is provided by PGE and the added solar power is handled through a net metering arrangement A live monitoring log is at: http://www.live.declunonitoring.com/?id=solarhighway

Sacramento Municipal Utility District in California will also be building solar arrays along state highways, starting with a 1.5-megawatt project along Highway 50. This solar highway project received $5 million in federal funding in January 2010, authorized by the American Recovery and Reinvestment Act of 2009.

New technologies also exist for solar panels that double as sound walls reducing highway noise near residential neighborhoods. Solar sound bathers are in used in Switzerland, Germany and Australia.

Legislative history

2015-2016 S.1837/A.6297 Referred to transportation 2013-14: S.401/A.5623 Referred to transportation

Fiscal implications

No fiscal implications.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.