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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY HORNAMAN, FABRIZIO, SONNEY, HARKINS AND J. EVANS, MARCH 18, 2010 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 18, 2010 |
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| AN ACT |
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1 | Authorizing the Department of General Services to lease |
2 | submerged lands in excess of 25 acres within Erie County, for |
3 | the development, construction and operation of utility scale |
4 | offshore wind generation facilities. |
5 | The General Assembly finds and declares as follows: |
6 | (1) That the potential for generation of electricity |
7 | through development of wind energy conversion systems in Lake |
8 | Erie would provide significant benefits to the Commonwealth. |
9 | (2) That legislation should be enacted to permit the |
10 | development, construction and operation of wind energy |
11 | conversion facilities in Lake Erie. |
12 | The General Assembly of the Commonwealth of Pennsylvania |
13 | hereby enacts as follows: |
14 | Section 1. Lands within the Lake Erie Basin. |
15 | (a) Authorization.--The Commonwealth owns lands within the |
16 | bed of Lake Erie, all of which lands are located in Erie County. |
17 | (b) The Department of General Services, with the concurrence |
18 | of the Department of Environmental Protection, acting on behalf |
19 | of the Commonwealth, is hereby authorized to lease submerged |
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1 | lands in excess of 25 acres within the bed of Lake Erie in Erie |
2 | County for the development of utility scale systems to convert |
3 | wind energy to electricity. This development may include |
4 | electrical collection and transmission facilities and other |
5 | related structures. |
6 | Section 2. Lease conditions. |
7 | (a) Qualifications of lessees.--A lease approved under |
8 | section 1 shall be restricted to lessees who can demonstrate the |
9 | expertise and capability to develop wind energy conversion |
10 | projects and who have a high likelihood of community and public |
11 | acceptance in Erie County. |
12 | (b) Waters of the Commonwealth.--A lease approved under |
13 | section 1 shall insure reasonable accommodation for fishing, |
14 | maritime commerce and other current and future commercial and |
15 | recreational uses of the waters of the Commonwealth now held in |
16 | the public trust. |
17 | (c) Term of lease.--A lease approved under section 1 shall |
18 | be for a term of up to 49 years and may be extended, at the |
19 | option of the lessee, for all or any portion of the leased |
20 | premises for an additional term of up to 49 years. Any such |
21 | lease shall contain a provision for termination after ten years |
22 | if the lessee has not initiated construction of wind energy |
23 | conversion systems. |
24 | (d) Improvements.--Development of the parcels authorized to |
25 | be leased in this section shall be for utility scale systems to |
26 | convert wind energy to electricity, including electrical |
27 | collection and transmission facilities and other related |
28 | structures. No construction, installation or operation of wind |
29 | energy conversion facilities or other related structures on the |
30 | lands subject to lease shall commence without adherence to |
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1 | Federal and State laws and prior receipt of all applicable |
2 | Federal and State permits. |
3 | (e) Covenants.--These conditions shall be covenants that run |
4 | with the land and shall be binding upon the lessee, any |
5 | sublessee and their respective successors and assigns. Should |
6 | the lessee, any sublessee or any of their respective successors |
7 | or assigns permit the parcels authorized to be leased under this |
8 | section, or any portion thereof, to be used in a manner |
9 | inconsistent with the conditions contained in this subsection, |
10 | all rights and interests in the lease authorized by this act |
11 | shall terminate immediately. |
12 | (f) Lease agreement.--Any such lease and any other documents |
13 | hereby contemplated shall be approved as to form and legality by |
14 | the Attorney General and the Office of General Counsel and shall |
15 | be executed by the Department of General Services, with the |
16 | concurrence of the Department of Environmental Protection, which |
17 | approvals shall not be unreasonably withheld, in the name of the |
18 | Commonwealth. The lease shall grant the lessee, and all |
19 | successors, assigns and sublessees, the right to use the above- |
20 | described premises, or to assign the lease or sublease or permit |
21 | the sublease of the above-described premises for the purposes of |
22 | development of utility scale systems to convert wind energy to |
23 | electricity. The lease shall also grant the lessee, and all |
24 | successors, assigns and sublessees, the right to develop, |
25 | construct and operate one or more submarine electrical |
26 | transmission cables from the above-described premises to the |
27 | shoreline in Erie County. |
28 | (g) Sublease.--The Department of General Services, with the |
29 | concurrence of the Department of Environmental Protection, |
30 | acting on behalf of the Commonwealth, is also specifically |
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1 | authorized to enter into one or more nondisturbance agreements |
2 | with any sublessee of the premises described in this section |
3 | pursuant to which the Commonwealth will agree that, if the |
4 | Commonwealth succeeds to the interest of the sublessor under a |
5 | sublease, it will not terminate the sublease unless the |
6 | sublessee is in default. |
7 | (h) Consideration.--The Department of General Services shall |
8 | lease the land within the bed of Lake Erie as described in |
9 | subsection (b) upon such terms and conditions and for such |
10 | consideration as it shall, with the concurrence of the |
11 | Department of Environmental Protection, establish through the |
12 | lease agreements. |
13 | (i) Costs and fees.--Costs and fees incidental to the lease |
14 | authorized by this section shall be borne by the lessee, |
15 | including the costs incurred by the Department of General |
16 | Services and the Department of Environmental Protection, in the |
17 | preparation, execution and review of the lease, nondisturbance |
18 | agreements and related documents. |
19 | Section 3. Other applicable legislation. |
20 | Nothing herein shall affect or otherwise limit the |
21 | requirements of the provisions of the act of November 26, 1978 |
22 | (P.L.1375, No.325), known as the Dam Safety and Encroachments |
23 | Act, which may require further measures to provide for public |
24 | access and use of the land and adjacent water. |
25 | Section 4. Sunset provision. |
26 | In the event that a lease authorized by this act does not |
27 | occur within 24 months following the effective date of this act, |
28 | the authority contained in this act shall be void. |
29 | Section 5. Effective date. |
30 | This act shall take effect immediately. |
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