Bill Text: NY S02414 | 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: Bipartisan Bill

Status: (Engrossed - Dead) 2017-07-31 - DELIVERED TO SECRETARY OF STATE [S02414 Detail]

Download: New_York-2017-S02414-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2414
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 13, 2017
                                       ___________
        Introduced  by  Sens.  LITTLE, AMEDORE, SEWARD -- read twice and ordered
          printed, and when printed to be committed to the Committee on  Judici-
          ary
                    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 Assembly concur), That section 1 of  arti-
     2  cle 14 of the constitution be amended by adding a new undesignated para-
     3  graph 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89016-01-7
        S. 2414                             2
     1  necessary  appurtenances  when such wells are necessary to meet drinking
     2  water quality standards and are located within five hundred thirty  feet
     3  of  state  highways,  county  highways,  and town highways listed on the
     4  local  highway inventory maintained by the department of transportation,
     5  dedicated, and in existence on January first, two thousand fifteen,  and
     6  annually plowed and regularly maintained. As a condition of the creation
     7  of  such  health  and  safety  land  account the state shall acquire two
     8  hundred fifty acres of land for incorporation into the forest  preserve,
     9  on  condition  that the legislature shall approve such lands to be added
    10  to the forest preserve.
    11    § 2. Resolved (if the Assembly concur), That article 14 of the consti-
    12  tution be amended by adding a new section 6 to read as follows:
    13    § 6. Where state, county, or town highways listed on the local highway
    14  inventory maintained by the department of transportation, dedicated  and
    15  in existence on January first, two thousand fifteen, and annually plowed
    16  and  regularly maintained, traverse forest preserve land, public utility
    17  lines, limited to electric, telephone, broadband, water or  sewer  lines
    18  as  defined  in law, may, consistent with standards and requirements set
    19  forth in law, and following receipt of  all  permits  or  authorizations
    20  required by law, be buried or co-located within the widths of such high-
    21  ways as defined in law, and bicycle paths may, consistent with standards
    22  and  requirements set forth in law, and following receipt of all permits
    23  or authorizations required by law, be constructed and maintained  within
    24  the  widths of such highways, as defined in law; provided, however, when
    25  no viable alternative exists and when necessary to ensure public  health
    26  and  safety,  a stabilization device for an existing utility pole may be
    27  located in proximity to the width  of  the  road,  as  defined  in  law;
    28  provided   further,   that   any  co-location,  burial,  maintenance  or
    29  construction shall minimize the removal of trees or vegetation and shall
    30  not include the construction of any new intrastate natural  gas  or  oil
    31  pipelines  that  have not received all necessary state and local permits
    32  and authorizations as of June first, two thousand sixteen.
    33    § 3. Resolved (if the Assembly concur), That the  foregoing  amendment
    34  be  submitted  to  the people for approval at the general election to be
    35  held in the year 2017 in accordance with the provisions of the  election
    36  law.