Bill Text: NY A08311 | 2023-2024 | General Assembly | Amended
Bill Title: Permits utility corporations to enter into agreements with municipalities and private landowners for the development of multi-use trails in electric utility corridors that can be used for recreation and transportation.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Introduced) 2024-02-15 - print number 8311a [A08311 Detail]
Download: New_York-2023-A08311-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8311--A 2023-2024 Regular Sessions IN ASSEMBLY November 27, 2023 ___________ Introduced by M. of A. FAHY, THIELE, SEAWRIGHT, LUNSFORD, SILLITTI, SHIMSKY, McDONALD -- Multi-Sponsored by -- M. of A. SIMON -- read once and referred to the Committee on Corporations, Authorities and Commis- sions -- recommitted to the Committee on Corporations, Authorities and Commissions in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public service law and the public authorities law, in relation to permitting the development of multi-use trails in elec- tric utility corridors The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public service law is amended by adding a new section 2 53-b to read as follows: 3 § 53-b. Powerline trails in utility corridors. 1. Any utility corpo- 4 ration, as the owner, occupant, or lessee of a utility corridor or the 5 holder of an easement or right-of-way covering a utility corridor, may 6 enter into a written contract with a municipality or private landowner 7 to construct and maintain powerline trails covering all or some of such 8 utility corridor. 9 2. Every utility corporation shall develop and maintain informational 10 resources on its website to encourage, facilitate, and streamline the 11 construction of new powerline trails in utility corridors that are suit- 12 able for the construction and maintenance of a powerline trail. Such 13 informational resources, at a minimum, shall: 14 (a) identify utility corridors suitable for the creation of powerline 15 trails; 16 (b) provide contact information for a designee of the utility corpo- 17 ration who a municipal government can contact to discuss the possibility 18 of constructing such powerline trails; and 19 (c) be reviewed and revised periodically by the utility corporation. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13590-03-4A. 8311--A 2 1 3. During the design and construction of a powerline trail, the utili- 2 ty corporation and the municipal government shall consult and coordinate 3 with the office of parks, recreation, and historic preservation to mini- 4 mize adverse impacts on: 5 (a) state and federally recognized threatened and endangered species; 6 and 7 (b) habitats of conservation concern. 8 4. Notwithstanding any provision of law to the contrary, nothing in 9 this section shall: 10 (a) require a utility corporation to allow a powerline trail or any 11 other facility on its utility corridor; or 12 (b) require a public or private landowner whose property is adjacent 13 to or inclusive of a utility corridor to allow public access to any 14 portion of such landowner's property. 15 5. For the purposes of this section, the following terms shall have 16 the following meanings: 17 (a) "Utility corridor" means a tract of land owned, occupied, or 18 leased by a utility corporation, or covered by an easement or right-of- 19 way held by a utility corporation, where an electric transmission line 20 is constructed, operated, or maintained at a voltage of sixty-five kilo- 21 volts or higher. 22 (b) "Powerline trail" means a multi-use trail that is: 23 (i) used for recreational or transportation purposes in a manner that 24 does not involve a motor vehicle; and 25 (ii) located in an existing or future utility corridor. 26 § 2. The public service law is amended by adding a new section 131 to 27 read as follows: 28 § 131. Utility notification to municipalities of potential for power- 29 line trails. 1. For the purposes of this section, the following terms 30 shall have the following meanings: 31 (a) "Utility corridor" means a tract of land owned, occupied, or 32 leased by a utility corporation, or covered by an easement or right-of- 33 way held by a utility corporation, where an electric transmission line 34 is constructed, operated, or maintained at a voltage of sixty-five kilo- 35 volts or higher. 36 (b) "Powerline trail" means a multi-use trail that is: 37 (i) used for recreational or transportation purposes in a manner that 38 does not involve a motor vehicle; and 39 (ii) located in an existing or future utility corridor. 40 2. Upon the granting of an application by the commission pursuant to 41 this article, a utility corporation shall notify the municipality, or 42 municipalities, in which the utility corridor is located of the poten- 43 tial for the construction of a powerline trail in the associated utility 44 corridor. Such notification shall include: 45 (a) utility corridors suitable for the creation of power line trails; 46 and 47 (b) the contact information for a designee of the utility corporation 48 who a municipal government can contact to discuss the possibility of 49 constructing such powerline trails. 50 3. A utility corporation shall only be required to notify a munici- 51 pality of the potential for the construction of a powerline trail pursu- 52 ant to subdivision two of this section if: 53 (a) the transmission line will be extended by more than one mile; or 54 (b) the transmission line capacity will be increased by more than ten 55 percent.A. 8311--A 3 1 § 3. Section 1005 of the public authorities law is amended by adding a 2 new subdivision 31 to read as follows: 3 31. (a) The authority, as the owner, occupant, or lessee of a utility 4 corridor or the holder of an easement or right-of-way covering a utility 5 corridor, may enter into a written contract with a municipality or 6 private landowner to construct and maintain powerline trails covering 7 all or some of such utility corridor. 8 (b) The authority shall develop and maintain informational resources 9 on its website to encourage, facilitate, and streamline the construction 10 of new powerline trails in utility corridors that are suitable for the 11 construction and maintenance of a powerline trail. Such informational 12 resources, at a minimum, shall: 13 (i) identify utility corridors suitable for the creation of power line 14 trails; 15 (ii) provide the contact information for a designee of the authority 16 who a municipal government can contact to discuss the possibility of 17 constructing such powerline trails; and 18 (iii) be reviewed and revised periodically by the authority. 19 (c) During the design and construction of a powerline trail, the 20 authority and municipal government shall consult and coordinate with the 21 office of parks, recreation, and historic preservation to minimize 22 adverse impacts on: 23 (i) state and federally recognized threatened and endangered species; 24 and 25 (ii) habitats of conservation concern. 26 (d) Notwithstanding any provision of law to the contrary, nothing in 27 this section shall: 28 (i) require the authority to allow a powerline trail or any other 29 facility on its utility corridor; or 30 (ii) require a public or private landowner whose property is adjacent 31 to or inclusive of a utility corridor to allow public access to any 32 portion of the landowner's property. 33 (e) For the purposes of this section, the following terms shall have 34 the following meanings: 35 (i) "Utility corridor" means a tract of land owned, occupied, or 36 leased by the authority, or covered by an easement or right-of-way held 37 by the authority, where an electric transmission line is constructed, 38 operated, or maintained at a voltage of sixty-five kilovolts or higher. 39 (ii) "Powerline trail" means a multi-use trail that is: 40 (A) used for recreational or transportation purposes in a manner that 41 does not involve a motor vehicle; and 42 (B) located in an existing or future utility corridor. 43 (iii) "Municipality" means a county, city, town or village located in 44 this state. 45 § 4. Section 1020-f of the public authorities law, as added by chapter 46 517 of the laws of 1986, is amended by adding a new subdivision (ll) to 47 read as follows: 48 (ll) 1. As the owner, occupant, or lessee of a utility corridor or the 49 holder of an easement or right-of-way covering a utility corridor, to 50 enter into a written contract with a municipality or private landowner 51 to construct and maintain powerline trails covering all or some of such 52 utility corridor. 53 2. The authority shall develop and maintain informational resources on 54 its website to encourage, facilitate, and streamline the construction of 55 new powerline trails in utility corridors that are suitable for theA. 8311--A 4 1 construction and maintenance of a powerline trail. Such informational 2 resources, at a minimum, shall: 3 (i) identify utility corridors suitable for the creation of power line 4 trails; 5 (ii) provide the contact information for a designee of the authority 6 who a municipal government can contact to discuss the possibility of 7 constructing such powerline trails; and 8 (iii) be reviewed and revised periodically by the authority. 9 3. During the design and construction of a powerline trail, the 10 authority and municipal government shall consult and coordinate with the 11 office of parks, recreation, and historic preservation to minimize 12 adverse impacts on: 13 (i) state and federally recognized threatened and endangered species; 14 and 15 (ii) habitats of conservation concern. 16 4. Notwithstanding any provision of law to the contrary, nothing in 17 this section shall: 18 (i) require the authority to allow a powerline trail or any other 19 facility on its utility corridor; or 20 (ii) require a public or private landowner whose property is adjacent 21 to or inclusive of a utility corridor to allow public access to any 22 portion of the landowner's property. 23 5. For the purposes of this section, the following terms shall have 24 the following meanings: 25 (i) "Utility corridor" means a tract of land owned, occupied, or 26 leased by the authority, or covered by an easement or right-of-way held 27 by the authority, where an electric transmission line is constructed, 28 operated, or maintained at a voltage of sixty-five kilovolts or higher. 29 (ii) "Powerline trail" means a multi-use trail that is: 30 (1) used for recreational or transportation purposes in a manner that 31 does not involve a motor vehicle; and 32 (2) located in an existing or future utility corridor. 33 (iii) "Municipality" means a county, city, town or village located in 34 this state. 35 § 5. This act shall take effect on the one hundred eightieth day after 36 it shall have become a law.
