Bill Text: NY A05520 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes the lease of lands adjacent to state, county and town highways for operation of wind or solar electric generating systems; authorizes the metropolitan transportation authority to enter into such leases.

Spectrum: Partisan Bill (Democrat 23-1)

Status: (Introduced - Dead) 2012-01-04 - referred to transportation [A05520 Detail]

Download: New_York-2011-A05520-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5520
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 23, 2011
                                      ___________
       Introduced  by  M. of A. ENGLEBRIGHT, HOOPER, BOYLAND, GUNTHER, SCHIMEL,
         GIBSON, JAFFEE, AUBRY,  MAISEL,  CASTRO,  BARRON,  LIFTON,  MARKEY  --
         Multi-Sponsored  by -- M. of A. BOYLE, BRENNAN, CRESPO, LAVINE, MAGEE,
         McENENY, PERRY, PHEFFER, REILLY, SWEENEY,  THIELE  --  read  once  and
         referred to the Committee on Transportation
       AN  ACT to amend the highway law, in relation to authorizing the leasing
         of land adjacent to state and local highways for the  purpose  of  the
         construction  and  operation  of  solar  and  wind electric generating
         systems; and to amend the  public  authorities  law,  in  relation  to
         granting such authorization to the metropolitan transportation author-
         ity
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 10 of the highway law is amended by  adding  a  new
    2  subdivision 38-a to read as follows:
    3    38-A.  HAVE  THE  POWER TO LEASE, FOR A TERM NOT TO EXCEED NINETY-NINE
    4  YEARS, THE PROPERTY RIGHTS  IN  AIR  SPACE,  AND/OR  UNUSED  SURFACE  OR
    5  SUBSURFACE  SPACE  IN CONNECTION WITH ANY STATE-OWNED PROPERTY UNDER HIS
    6  OR HER  JURISDICTION  OR  OTHER  PROPERTY  ACQUIRED  FOR  STATE  HIGHWAY
    7  PURPOSES.  SUCH LEASES SHALL BE FOR THE PURPOSES OF THE CONSTRUCTION AND
    8  OPERATION OF SOLAR AND/OR WIND ELECTRIC GENERATING SYSTEMS. SUCH SYSTEMS
    9  MAY BE MOUNTED UPON SOUND BARRIERS, RETAINING WALLS,  OPEN  UNOBSTRUCTED
   10  AREAS,  PARKING LOTS, BRIDGES, BRIDGE STRUCTURES, SIGNS, SIGN STRUCTURES
   11  AND UPON ANY OTHER AREA UPON THE LEASED REAL PROPERTY. THE  CONSTRUCTION
   12  AND OPERATION OF SOLAR AND WIND ELECTRIC GENERATING SYSTEMS SUBJECT TO A
   13  LEASE  AUTHORIZED  BY  THIS  SUBDIVISION  SHALL  BE SUBJECT TO STATE AND
   14  FEDERAL LAW, RULES AND REGULATIONS, BUT SHALL  NOT  BE  SUBJECT  TO  ANY
   15  LOCAL  LAW,  RESOLUTION, ORDINANCE, RULE OR REGULATION. THE TERMS OF ANY
   16  SUCH LEASE SHALL BE DETERMINED BY THE COMMISSIONER AND SHALL BE  SUBJECT
   17  TO  THE  APPROVAL  OF  THE  ATTORNEY GENERAL. IN ORDER TO CARRY ANY SUCH
   18  LEASE INTO EFFECT, THE COMMISSIONER IS HEREBY AUTHORIZED TO EXECUTE  AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03018-01-1
       A. 5520                             2
    1  DELIVER, IN THE NAME OF THE PEOPLE OF THE STATE, A LEASE TO SUCH PROPER-
    2  TY RIGHTS. EACH SUCH INSTRUMENT OF LEASE SHALL BE PREPARED BY THE ATTOR-
    3  NEY GENERAL. NO SUCH LEASE BY THE COMMISSIONER SHALL DEPRIVE AN ABUTTING
    4  LANDOWNER OF HIS OR HER RIGHT OF ACCESS.
    5    S  2. Section 102 of the highway law is amended by adding a new subdi-
    6  vision 19 to read as follows:
    7    19. HAVE THE POWER, SUBJECT TO THE APPROVAL OF  THE  COUNTY  GOVERNING
    8  BODY, TO LEASE, FOR A TERM NOT TO EXCEED NINETY-NINE YEARS, THE PROPERTY
    9  RIGHTS  IN  AIR  SPACE,  AND/OR  UNUSED  SURFACE  OR SUBSURFACE SPACE IN
   10  CONNECTION WITH ANY COUNTY-OWNED PROPERTY UNDER HIS OR HER  JURISDICTION
   11  OR  OTHER  PROPERTY ACQUIRED FOR COUNTY ROAD PURPOSES. SUCH LEASES SHALL
   12  BE FOR THE PURPOSES OF THE CONSTRUCTION AND OPERATION  OF  SOLAR  AND/OR
   13  WIND ELECTRIC GENERATING SYSTEMS. SUCH SYSTEMS MAY BE MOUNTED UPON SOUND
   14  BARRIERS, RETAINING WALLS, OPEN UNOBSTRUCTED AREAS, PARKING LOTS, BRIDG-
   15  ES,  BRIDGE  STRUCTURES,  SIGNS, SIGN STRUCTURES AND UPON ANY OTHER AREA
   16  UPON THE LEASED REAL PROPERTY. THE CONSTRUCTION AND OPERATION  OF  SOLAR
   17  AND  WIND  ELECTRIC  GENERATING SYSTEMS SUBJECT TO A LEASE AUTHORIZED BY
   18  THIS SUBDIVISION SHALL BE SUBJECT TO STATE AND FEDERAL  LAW,  RULES  AND
   19  REGULATIONS,  BUT  SHALL  NOT  BE  SUBJECT TO ANY LOCAL LAW, RESOLUTION,
   20  ORDINANCE, RULE OR REGULATION. THE TERMS OF  ANY  SUCH  LEASE  SHALL  BE
   21  DETERMINED  BY  THE  COUNTY  SUPERINTENDENT, AND SHALL BE SUBJECT TO THE
   22  APPROVAL OF THE COUNTY GOVERNING BODY. SUCH LEASE BY THE  COUNTY  SUPER-
   23  INTENDENT SHALL NOT DEPRIVE AN ABUTTING LANDOWNER OF HIS OR HER RIGHT OF
   24  ACCESS.
   25    S  3. Section 140 of the highway law is amended by adding a new subdi-
   26  vision 20 to read as follows:
   27    20. HAVE THE POWER, SUBJECT TO THE APPROVAL  OF  THE  TOWN  BOARD,  TO
   28  LEASE,  FOR  A TERM NOT TO EXCEED NINETY-NINE YEARS, THE PROPERTY RIGHTS
   29  IN AIR SPACE, AND/OR UNUSED SURFACE OR SUBSURFACE  SPACE  IN  CONNECTION
   30  WITH  ANY  TOWN-OWNED  PROPERTY  UNDER  HIS OR HER JURISDICTION OR OTHER
   31  PROPERTY ACQUIRED FOR TOWN ROAD PURPOSES. SUCH LEASES SHALL BE  FOR  THE
   32  PURPOSES OF THE CONSTRUCTION AND OPERATION OF SOLAR AND/OR WIND ELECTRIC
   33  GENERATING  SYSTEMS.  SUCH  SYSTEMS  MAY BE MOUNTED UPON SOUND BARRIERS,
   34  RETAINING WALLS, OPEN UNOBSTRUCTED AREAS, PARKING LOTS, BRIDGES,  BRIDGE
   35  STRUCTURES,  SIGNS,  SIGN  STRUCTURES  AND  UPON ANY OTHER AREA UPON THE
   36  LEASED REAL PROPERTY. THE CONSTRUCTION AND OPERATION OF SOLAR  AND  WIND
   37  ELECTRIC GENERATING SYSTEMS SUBJECT TO A LEASE AUTHORIZED BY THIS SUBDI-
   38  VISION  SHALL BE SUBJECT TO STATE AND FEDERAL LAW, RULES AND REGULATIONS
   39  BUT SHALL NOT BE SUBJECT TO ANY LOCAL LAW, RESOLUTION,  ORDINANCE,  RULE
   40  OR  REGULATION.  THE  TERMS OF ANY SUCH LEASE SHALL BE DETERMINED BY THE
   41  TOWN SUPERINTENDENT, AND SHALL BE SUBJECT TO THE APPROVAL  OF  THE  TOWN
   42  BOARD.  SUCH LEASE BY THE TOWN SUPERINTENDENT SHALL NOT DEPRIVE AN ABUT-
   43  TING LANDOWNER OF HIS OR HER RIGHT OF ACCESS.
   44    S 4. Section 1265 of the public authorities law is amended by adding a
   45  new subdivision 15 to read as follows:
   46    15. TO LEASE, FOR A TERM NOT TO EXCEED NINETY-NINE YEARS, THE PROPERTY
   47  RIGHTS IN AIR SPACE,  AND/OR  UNUSED  SURFACE  OR  SUBSURFACE  SPACE  IN
   48  CONNECTION  WITH ANY AUTHORITY OWNED PROPERTY OR OTHER PROPERTY ACQUIRED
   49  FOR AUTHORITY PURPOSES. SUCH LEASES SHALL BE FOR  THE  PURPOSES  OF  THE
   50  CONSTRUCTION  AND  OPERATION  OF  SOLAR  AND/OR WIND ELECTRIC GENERATING
   51  SYSTEMS. SUCH SYSTEMS MAY BE  MOUNTED  UPON  SOUND  BARRIERS,  RETAINING
   52  WALLS,  OPEN  UNOBSTRUCTED  AREAS,  PARKING LOTS, BRIDGES, BRIDGE STRUC-
   53  TURES, SIGNS, SIGN STRUCTURES AND UPON ANY OTHER AREA  UPON  THE  LEASED
   54  REAL PROPERTY. THE CONSTRUCTION AND OPERATION OF SOLAR AND WIND ELECTRIC
   55  GENERATING  SYSTEMS  SUBJECT  TO  A LEASE AUTHORIZED BY THIS SUBDIVISION
   56  SHALL BE SUBJECT TO STATE AND FEDERAL LAW, RULES  AND  REGULATIONS,  BUT
       A. 5520                             3
    1  SHALL  NOT  BE  SUBJECT TO ANY LOCAL LAW, RESOLUTION, ORDINANCE, RULE OR
    2  REGULATION. THE TERMS OF ANY SUCH  LEASE  SHALL  BE  DETERMINED  BY  THE
    3  AUTHORITY.  SUCH  LEASE  BY  THE AUTHORITY SHALL NOT DEPRIVE AN ABUTTING
    4  LANDOWNER OF HIS OR HER RIGHT OF ACCESS.
    5    S 5. This act shall take effect immediately.