Bill Text: NY A10197 | 2011-2012 | General Assembly | Introduced
Bill Title: Authorizes the commissioner of environmental conservation to convey a utility easement over certain real property owned by the state of New York in the town of Orange, county of Schuyler.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-05-10 - referred to environmental conservation [A10197 Detail]
Download: New_York-2011-A10197-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
10197
I N A S S E M B L Y
May 10, 2012
___________
Introduced by M. of A. FRIEND -- read once and referred to the Committee
on Environmental Conservation
AN ACT to authorize the commissioner of environmental conservation to
convey a utility easement over certain real property owned by the
state of New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subject to the provisions of this act but notwithstanding
2 any inconsistent provisions of any general, special or local law, the
3 commissioner of environmental conservation (hereinafter referred to as
4 "commissioner") is hereby authorized to enter into a contract for and on
5 behalf of and in the name of the state of New York with the owner of
6 real property located in the town of Orange, county of Schuyler, desig-
7 nated as Sugar Hill Reforestation with identification number 72.00-1-10,
8 or the company with whom such owner of real property has contracted or
9 intends to contract for the provision of electrical power at such
10 location (hereinafter referred to as "grantee"), for a utility easement
11 over a reforestation area in the town of Orange, county of Schuyler, in
12 exchange for such consideration as shall be approved by the commission-
13 er.
14 S 2. The commissioner may define and convey the easement and right-of-
15 way as authorized pursuant to section one of this act only upon consid-
16 eration of:
17 (a) the environmental compatibility of utility poles and utility lines
18 with their surroundings, including the impact of such poles and lines on
19 the natural environment, wildlife and birds, the aesthetics of the
20 region and outdoor recreational opportunities; and
21 (b) whether or not the public good shall be served by granting such
22 easement.
23 S 3. The easement authorized to be conveyed pursuant to section one of
24 this act shall be described in an instrument of conveyance describing
25 the metes and bounds of such easement and shall include the following
26 language:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15320-04-2
A. 10197 2
1 A permanent right of way and easement over the following described
2 parcels of land for the sole purpose of constructing, reconstructing,
3 relocating, extending, operating, inspecting, maintaining, repairing,
4 replacing, and at grantee's pleasure, removing any poles, towers or
5 lines of poles, lines of towers, supporting structures, cables, cross-
6 arms, overhead and underground wires, guys, braces, and other fixtures
7 and appurtenances which the grantee shall require now and from time to
8 time for the transmission and/or distribution of electric current, in,
9 upon, over and across said land and/or the highways abutting or running
10 through said land and including the right to clear or trim vegetation to
11 the edge thereof by manual or mechanical means. Use of
12 chemicals/herbicides for clearing said parcels is prohibited unless
13 prior approval for the same is granted by the department of environ-
14 mental conservation, division of lands and forests. In order to give
15 such department sufficient notification of, and to allow responsive
16 conveyance of needed stipulations and requirements specific to the
17 clearing and/or trimming actions to be undertaken by the grantee, its
18 employees, contractors and subcontractors, and its successors and
19 assigns, all work dealing with any and all vegetation will be done in
20 accordance with the special terms and conditions as stated in a tempo-
21 rary revocable permit (TRP), or other applicable instrument, issued by
22 such division of lands and forests.
23 Compensation for the stumpage value for trees to be felled by the
24 grantee shall be paid to such department with the felled trees to become
25 the property of the grantee. Stumpage value is to be determined by a
26 department forester based on the most recent department stumpage price
27 report at the time the trees are felled.
28 S 4. The commissioner may prescribe additional terms for such exchange
29 of real property. Such contract shall not become binding upon the state
30 until approved by the director of the budget and the state comptroller.
31 Notwithstanding the provisions of the public lands law, the conveyance
32 of the state-owned easement pursuant to such contract shall be without
33 reservation or exception, except as provided for in such contract. Upon
34 certification by the commissioner to the commissioner of general
35 services of a copy of the contract, and certification that the grantee
36 has complied with all terms and conditions of the contract upon their
37 part to be kept and performed, together with a description of the ease-
38 ment and right-of-way to be exchanged, the commissioner of general
39 services shall convey the permanent easement as described in accordance
40 with the provisions of the contract. Any monies received by the depart-
41 ment of environmental conservation as part of this exchange of real
42 property shall be deposited in the environmental protection fund.
43 S 5. This act shall take effect immediately.
