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.
STATE OF NEW YORK
________________________________________________________________________
8301
2017-2018 Regular Sessions
IN ASSEMBLY
June 6, 2017
___________
Introduced by M. of A. ENGLEBRIGHT, JONES -- read once and referred to
the Committee on Environmental Conservation
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 Senate concur), That section 1 of article
2 14 of the constitution be amended by adding a new undesignated paragraph
3 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
25 necessary appurtenances when such wells are necessary to meet drinking
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89016-01-7
A. 8301 2
1 water quality standards and are located within five hundred thirty feet
2 of state highways, county highways, and town highways listed on the
3 local highway inventory maintained by the department of transportation,
4 dedicated, and in existence on January first, two thousand fifteen, and
5 annually plowed and regularly maintained. As a condition of the creation
6 of such health and safety land account the state shall acquire two
7 hundred fifty acres of land for incorporation into the forest preserve,
8 on condition that the legislature shall approve such lands to be added
9 to the forest preserve.
10 § 2. Resolved (if the Senate concur), That article 14 of the constitu-
11 tion be amended by adding a new section 6 to read as follows:
12 § 6. Where state, county, or town highways listed on the local highway
13 inventory maintained by the department of transportation, dedicated and
14 in existence on January first, two thousand fifteen, and annually plowed
15 and regularly maintained, traverse forest preserve land, public utility
16 lines, limited to electric, telephone, broadband, water or sewer lines
17 as defined in law, may, consistent with standards and requirements set
18 forth in law, and following receipt of all permits or authorizations
19 required by law, be buried or co-located within the widths of such high-
20 ways as defined in law, and bicycle paths may, consistent with standards
21 and requirements set forth in law, and following receipt of all permits
22 or authorizations required by law, be constructed and maintained within
23 the widths of such highways, as defined in law; provided, however, when
24 no viable alternative exists and when necessary to ensure public health
25 and safety, a stabilization device for an existing utility pole may be
26 located in proximity to the width of the road, as defined in law;
27 provided further, that any co-location, burial, maintenance or
28 construction shall minimize the removal of trees or vegetation and shall
29 not include the construction of any new intrastate natural gas or oil
30 pipelines that have not received all necessary state and local permits
31 and authorizations as of June first, two thousand sixteen.
32 § 3. Resolved (if the Senate concur), That the foregoing amendment be
33 submitted to the people for approval at the general election to be held
34 in the year 2017 in accordance with the provisions of the election law.
