Bill Text: NY A08301 | 2017-2018 | General Assembly | Introduced

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Bill Title: Allows public utility lines and bicycle paths on certain state lands in the forest preserve and establishes a forest preserve health and safety land account.

Spectrum: Moderate Partisan Bill (Democrat 15-3)

Status: (Introduced - Dead) 2017-06-28 - substituted by s2414 [A08301 Detail]

Download: New_York-2017-A08301-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8301
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 6, 2017
                                       ___________
        Introduced  by  M. of A. ENGLEBRIGHT, JONES -- read once and referred to
          the Committee on Environmental Conservation
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
        proposing an amendment to article 14 of the constitution, in relation to
          allowing public utility lines and bicycle paths on certain state lands
          in the forest preserve and establishing a forest preserve  health  and
          safety land account
     1    Section  1. Resolved (if the Senate concur), That section 1 of article
     2  14 of the constitution be amended by adding a new undesignated paragraph
     3  to read as follows:
     4    Notwithstanding the foregoing provisions and  subject  to  legislative
     5  approval  prior to actual transfer of title, a total of no more than two
     6  hundred fifty acres of forest preserve land shall be used for the estab-
     7  lishment of a health and safety land account. Where no  viable  alterna-
     8  tive  exists  and other criteria developed by the legislature are satis-
     9  fied, a town, village  or  county  may  apply,  pursuant  to  a  process
    10  determined by the legislature, to the health and safety land account for
    11  projects  limited to:   address bridge hazards or safety on county high-
    12  ways, and town highways listed on the local highway inventory maintained
    13  by the department of transportation,  dedicated,  and  in  existence  on
    14  January  first,  two thousand fifteen, and annually plowed and regularly
    15  maintained; elimination of the hazards of dangerous curves and grades on
    16  county highways, and town highways listed on the local highway inventory
    17  maintained by the department of transportation, dedicated, and in exist-
    18  ence on January first, two thousand fifteen,  and  annually  plowed  and
    19  regularly  maintained;  relocation and reconstruction and maintenance of
    20  county highways, and town highways listed on the local highway inventory
    21  maintained by the department of transportation, dedicated, and in exist-
    22  ence on January first, two thousand  fifteen  and  annually  plowed  and
    23  regularly  maintained, provided further that no single relocated portion
    24  of any such highway shall exceed one mile in length; and water wells and
    25  necessary appurtenances when such wells are necessary to  meet  drinking
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89016-01-7
        A. 8301                             2
     1  water  quality standards and are located within five hundred thirty feet
     2  of state highways, county highways, and  town  highways  listed  on  the
     3  local  highway inventory maintained by the department of transportation,
     4  dedicated,  and in existence on January first, two thousand fifteen, and
     5  annually plowed and regularly maintained. As a condition of the creation
     6  of such health and safety land  account  the  state  shall  acquire  two
     7  hundred  fifty acres of land for incorporation into the forest preserve,
     8  on condition that the legislature shall approve such lands to  be  added
     9  to the forest preserve.
    10    § 2. Resolved (if the Senate concur), That article 14 of the constitu-
    11  tion be amended by adding a new section 6 to read as follows:
    12    § 6. Where state, county, or town highways listed on the local highway
    13  inventory  maintained by the department of transportation, dedicated and
    14  in existence on January first, two thousand fifteen, and annually plowed
    15  and regularly maintained, traverse forest preserve land, public  utility
    16  lines,  limited  to electric, telephone, broadband, water or sewer lines
    17  as defined in law, may, consistent with standards and  requirements  set
    18  forth  in  law,  and  following receipt of all permits or authorizations
    19  required by law, be buried or co-located within the widths of such high-
    20  ways as defined in law, and bicycle paths may, consistent with standards
    21  and requirements set forth in law, and following receipt of all  permits
    22  or  authorizations required by law, be constructed and maintained within
    23  the widths of such highways, as defined in law; provided, however,  when
    24  no  viable alternative exists and when necessary to ensure public health
    25  and safety, a stabilization device for an existing utility pole  may  be
    26  located  in  proximity  to  the  width  of  the road, as defined in law;
    27  provided  further,  that  any  co-location,   burial,   maintenance   or
    28  construction shall minimize the removal of trees or vegetation and shall
    29  not  include  the  construction of any new intrastate natural gas or oil
    30  pipelines that have not received all necessary state and  local  permits
    31  and authorizations as of June first, two thousand sixteen.
    32    §  3. Resolved (if the Senate concur), That the foregoing amendment be
    33  submitted to the people for approval at the general election to be  held
    34  in the year 2017 in accordance with the provisions of the election law.