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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8301
SPONSOR: Englebright TITLE OF BILL: 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
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to make it easier for municipalities to
undertake certain health and safety projects on forest preserve land.
SUMMARY OF PROVISIONS:
This bill would amend article 14 of the State Constitution to authorize:
*The establishment of a 250 acre health and safety land account, which,
following legislative approval would authorize projects including elimi-
nation of bridge hazards and dangerous curves and grades on county and
town highways; relocation, reconstruction and maintenance of county and
town highways; and, water wells necessary to meet drinking water stand-
ards; and,
*Public utility lines and bike paths to be constructed in the width of
state, county or town highways; provided however, that stabilization
devices, such as guy wires, may extend beyond the width of the such
highways in a manner to be determined by the Legislature.
JUSTIFICATION:
Forest preserve lands are constitutionally protected and their discon-
tinuance requires careful consideration. This bill would ensure that
certain health and safety projects are authorized to proceed while still
protecting the forest preserve. In exchange for the creation of the
health and safety land account and prior to the authorization of any
projects, the State would be required to acquire 250 acres for inclusion
within the forest preserve. The language of the amendment preserves the
existing authority of the Legislature to review forest preserve issues
and is also intended to make clear that only existing roads are eligible
for projects and that new roads within the forest preserve would still
require constitutional scrutiny.
PRIOR LEGISLATIVE HISTORY:
2016:A.10721-A - passed the Assembly
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal to the State.
EFFECTIVE DATE:
Resolved, That the foregoing amendments be referred to the first regular
legislative session convening after the next succeeding general election
of members to the assembly, and in, conformity with section 1 of article
19 of the constitution, be published for 3 months previous to the time
of such election.
