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.
                                                                   LBD13590-03-4

        A. 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  the

        A. 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.
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