Bill Text: NY S07891 | 2023-2024 | General Assembly | Introduced
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: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S07891 Detail]
Download: New_York-2023-S07891-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7891 IN SENATE January 3, 2024 ___________ Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations 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. 20 3. During the design and construction of a powerline trail, the utili- 21 ty corporation and the municipal government shall consult and coordinate 22 with the office of parks, recreation, and historic preservation to mini- 23 mize adverse impacts on: 24 (a) state and federally recognized threatened and endangered species; 25 and 26 (b) habitats of conservation concern. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13590-02-4S. 7891 2 1 4. Notwithstanding any provision of law to the contrary, nothing in 2 this section shall: 3 (a) require a utility corporation to allow a powerline trail or any 4 other facility on its utility corridor; or 5 (b) require a public or private landowner whose property is adjacent 6 to or inclusive of a utility corridor to allow public access to any 7 portion of such landowner's property. 8 5. For the purposes of this section, the following terms shall have 9 the following meanings: 10 (a) "Utility corridor" means a tract of land owned, occupied, or 11 leased by a utility corporation, or covered by an easement or right-of- 12 way held by a utility corporation, where an electric transmission line 13 is constructed, operated, or maintained at a voltage of sixty-five kilo- 14 volts or higher. 15 (b) "Powerline trail" means a multi-use trail that is: 16 (i) used for recreational or transportation purposes in a manner that 17 does not involve a motor vehicle; and 18 (ii) located in an existing or future utility corridor. 19 § 2. The public service law is amended by adding a new section 131 to 20 read as follows: 21 § 131. Utility notification to municipalities of potential for power- 22 line trails. 1. For the purposes of this section, the following terms 23 shall have the following meanings: 24 (a) "Utility corridor" means a tract of land owned, occupied, or 25 leased by a utility corporation, or covered by an easement or right-of- 26 way held by a utility corporation, where an electric transmission line 27 is constructed, operated, or maintained at a voltage of sixty-five kilo- 28 volts or higher. 29 (b) "Powerline trail" means a multi-use trail that is: 30 (i) used for recreational or transportation purposes in a manner that 31 does not involve a motor vehicle; and 32 (ii) located in an existing or future utility corridor. 33 2. Upon the granting of an application by the commission pursuant to 34 this article, a utility corporation shall notify the municipality, or 35 municipalities, in which the utility corridor is located of the poten- 36 tial for the construction of a powerline trail in the associated utility 37 corridor. Such notification shall include: 38 (a) utility corridors suitable for the creation of power line trails; 39 and 40 (b) the contact information for a designee of the utility corporation 41 who a municipal government can contact to discuss the possibility of 42 constructing such powerline trails. 43 3. A utility corporation shall only be required to notify a munici- 44 pality of the potential for the construction of a powerline trail pursu- 45 ant to subdivision two of this section if: 46 (a) the transmission line will be extended by more than one mile; or 47 (b) the transmission line capacity will be increased by more than ten 48 percent. 49 § 3. Section 1005 of the public authorities law is amended by adding a 50 new subdivision 31 to read as follows: 51 31. (a) The authority, as the owner, occupant, or lessee of a utility 52 corridor or the holder of an easement or right-of-way covering a utility 53 corridor, may enter into a written contract with a municipality or 54 private landowner to construct and maintain powerline trails covering 55 all or some of such utility corridor.S. 7891 3 1 (b) The authority shall develop and maintain informational resources 2 on its website to encourage, facilitate, and streamline the construction 3 of new powerline trails in utility corridors that are suitable for the 4 construction and maintenance of a powerline trail. Such informational 5 resources, at a minimum, shall: 6 (i) identify utility corridors suitable for the creation of power line 7 trails; 8 (ii) provide the contact information for a designee of the authority 9 who a municipal government can contact to discuss the possibility of 10 constructing such powerline trails; and 11 (iii) be reviewed and revised periodically by the authority. 12 (c) During the design and construction of a powerline trail, the 13 authority and municipal government shall consult and coordinate with the 14 office of parks, recreation, and historic preservation to minimize 15 adverse impacts on: 16 (i) state and federally recognized threatened and endangered species; 17 and 18 (ii) habitats of conservation concern. 19 (d) Notwithstanding any provision of law to the contrary, nothing in 20 this section shall: 21 (i) require the authority to allow a powerline trail or any other 22 facility on its utility corridor; or 23 (ii) require a public or private landowner whose property is adjacent 24 to or inclusive of a utility corridor to allow public access to any 25 portion of the landowner's property. 26 (e) For the purposes of this section, the following terms shall have 27 the following meanings: 28 (i) "Utility corridor" means a tract of land owned, occupied, or 29 leased by the authority, or covered by an easement or right-of-way held 30 by the authority, where an electric transmission line is constructed, 31 operated, or maintained at a voltage of sixty-five kilovolts or higher. 32 (ii) "Powerline trail" means a multi-use trail that is: 33 (A) used for recreational or transportation purposes in a manner that 34 does not involve a motor vehicle; and 35 (B) located in an existing or future utility corridor. 36 (iii) "Municipality" means a county, city, town or village located in 37 this state. 38 § 4. Section 1020-f of the public authorities law, as added by chapter 39 517 of the laws of 1986, is amended by adding a new subdivision (ll) to 40 read as follows: 41 (ll) 1. As the owner, occupant, or lessee of a utility corridor or the 42 holder of an easement or right-of-way covering a utility corridor, to 43 enter into a written contract with a municipality or private landowner 44 to construct and maintain powerline trails covering all or some of such 45 utility corridor. 46 2. The authority shall develop and maintain informational resources on 47 its website to encourage, facilitate, and streamline the construction of 48 new powerline trails in utility corridors that are suitable for the 49 construction and maintenance of a powerline trail. Such informational 50 resources, at a minimum, shall: 51 (i) identify utility corridors suitable for the creation of power line 52 trails; 53 (ii) provide the contact information for a designee of the authority 54 who a municipal government can contact to discuss the possibility of 55 constructing such powerline trails; and 56 (iii) be reviewed and revised periodically by the authority.S. 7891 4 1 3. During the design and construction of a powerline trail, the 2 authority and municipal government shall consult and coordinate with the 3 office of parks, recreation, and historic preservation to minimize 4 adverse impacts on: 5 (i) state and federally recognized threatened and endangered species; 6 and 7 (ii) habitats of conservation concern. 8 4. Notwithstanding any provision of law to the contrary, nothing in 9 this section shall: 10 (i) require the authority to allow a powerline trail or any other 11 facility on its utility corridor; or 12 (ii) 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 the landowner's property. 15 5. For the purposes of this section, the following terms shall have 16 the following meanings: 17 (i) "Utility corridor" means a tract of land owned, occupied, or 18 leased by the authority, or covered by an easement or right-of-way held 19 by the authority, where an electric transmission line is constructed, 20 operated, or maintained at a voltage of sixty-five kilovolts or higher. 21 (ii) "Powerline trail" means a multi-use trail that is: 22 (1) used for recreational or transportation purposes in a manner that 23 does not involve a motor vehicle; and 24 (2) located in an existing or future utility corridor. 25 (iii) "Municipality" means a county, city, town or village located in 26 this state. 27 § 5. This act shall take effect on the one hundred eightieth day after 28 it shall have become a law.
