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A02506 Summary:

BILL NOA02506
 
SAME ASSAME AS S02930
 
SPONSOREnglebright
 
COSPNSRHooper, Gunther, Jaffee, Aubry, Lifton
 
MLTSPNSRCrespo, Magee, Perry, Thiele
 
Amd 10, 102 & 140, Hway L; amd 1265, Pub Auth L
 
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.
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A02506 Actions:

BILL NOA02506
 
01/20/2017referred to transportation
01/03/2018referred to transportation
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A02506 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2506
 
SPONSOR: Englebright (MS)
  TITLE OF BILL: 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 grant- ing such authorization to the metropolitan transportation authority   PURPOSE OR GENERAL IDEA OF BILL: To authorize the lease of lands adjacent to state and county highways for operation of wind or solar electric generating systems.   SUMMARY OF PROVISIONS: Section 1 amends Section 10 of the highway law by adding a new subdivi- sion 38-a. Section 2 amends Section 102 of the highway law by adding a new subdivi- sion 19. Section 3 amends Section 140 of the highway law by adding a new subdivi- sion 20.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):   JUSTIFICATION: This legislation will help to spur economic opportunities in alternative energy as well as energy independence by creating a mechanism for the leasing of lands adjacent to state and county highways for operation of wind or solar electric generating systems. Other states have already pioneered the use of highway right of ways for siting alternative solar energy generating systems. In 2008, the State of Oregon installed the country's first solar project in a highway right of way. The project consists of a 104 kW solar photovoltaic system that covers 8,000 square feet - roughly the length of two football fields - and produces 112,000 kWh each year. The solar panels produce electric- ity during the day, giving the power to the PGE grid, and getting the equivalent amount of power back at night from PGE to power lighting on the highway. Electricity for the highway interchange is provided by PGE and the added solar power is handled through a net metering arrangement A live monitoring log is at: http://www.live.declunonitoring.com/?id=solarhighway. Sacramento Municipal Utility District in California will also be build- ing solar arrays along state highways, starting with a 1.5 megawatt project along Highway 50. This solar highway project received $5 million in federal funding in January 2010, authorized by the American Recovery and Reinvestment Act of 2009. New technologies also exist for solar panels that double as sound walls reducing highway noise near residen- tial neighborhoods. Solar sound bathers are in used in Switzerland, Germany, and Australia.   PRIOR LEGISLATIVE HISTORY: 2009-10 A10243 Referred to transportation 2011-12 A5520 Referred to transportation 2013-14 A5623 Referred to transportation 2015-16 A6297 Referred to transportation   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A02506 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2506
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 20, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  ENGLEBRIGHT, HOOPER, GUNTHER, JAFFEE, AUBRY,
          LIFTON -- Multi-Sponsored by -- M. of A. CRESPO, MAGEE, PERRY,  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
    19  deliver, in the name of the people of the state, a lease to such proper-
    20  ty rights. Each such instrument of lease shall be prepared by the attor-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01381-01-7

        A. 2506                             2
 
     1  ney general. No such lease by the commissioner shall deprive an abutting
     2  landowner of his or her right of access.
     3    §  2. Section 102 of the highway law is amended by adding a new subdi-
     4  vision 19 to read as follows:
     5    19. Have the power, subject to the approval of  the  county  governing
     6  body, to lease, for a term not to exceed ninety-nine years, the property
     7  rights  in  air  space,  and/or  unused  surface  or subsurface space in
     8  connection with any county-owned property under his or her  jurisdiction
     9  or  other  property acquired for county road purposes. Such leases shall
    10  be for the purposes of the construction and operation  of  solar  and/or
    11  wind electric generating systems. Such systems may be mounted upon sound
    12  barriers, retaining walls, open unobstructed areas, parking lots, bridg-
    13  es,  bridge  structures,  signs, sign structures and upon any other area
    14  upon the leased real property. The construction and operation  of  solar
    15  and  wind  electric  generating systems subject to a lease authorized by
    16  this subdivision shall be subject to state and federal  law,  rules  and
    17  regulations,  but  shall  not  be  subject to any local law, resolution,
    18  ordinance, rule or regulation. The terms of  any  such  lease  shall  be
    19  determined  by  the  county  superintendent, and shall be subject to the
    20  approval of the county governing body. Such lease by the  county  super-
    21  intendent shall not deprive an abutting landowner of his or her right of
    22  access.
    23    §  3. Section 140 of the highway law is amended by adding a new subdi-
    24  vision 20 to read as follows:
    25    20. Have the power, subject to the approval  of  the  town  board,  to
    26  lease,  for  a term not to exceed ninety-nine years, the property rights
    27  in air space, and/or unused surface or subsurface  space  in  connection
    28  with  any  town-owned  property  under  his or her jurisdiction or other
    29  property acquired for town road purposes. Such leases shall be  for  the
    30  purposes of the construction and operation of solar and/or wind electric
    31  generating  systems.  Such  systems  may be mounted upon sound barriers,
    32  retaining walls, open unobstructed areas, parking lots, bridges,  bridge
    33  structures,  signs,  sign  structures  and  upon any other area upon the
    34  leased real property. The construction and operation of solar  and  wind
    35  electric generating systems subject to a lease authorized by this subdi-
    36  vision  shall be subject to state and federal law, rules and regulations
    37  but shall not be subject to any local law, resolution,  ordinance,  rule
    38  or  regulation.  The  terms of any such lease shall be determined by the
    39  town superintendent, and shall be subject to the approval  of  the  town
    40  board.  Such lease by the town superintendent shall not deprive an abut-
    41  ting landowner of his or her right of access.
    42    § 4. Section 1265 of the public authorities law is amended by adding a
    43  new subdivision 15 to read as follows:
    44    15. To lease, for a term not to exceed ninety-nine years, the property
    45  rights in air space,  and/or  unused  surface  or  subsurface  space  in
    46  connection  with any authority owned property or other property acquired
    47  for authority purposes. Such leases shall be for  the  purposes  of  the
    48  construction  and  operation  of  solar  and/or wind electric generating
    49  systems. Such systems may be  mounted  upon  sound  barriers,  retaining
    50  walls,  open  unobstructed  areas,  parking lots, bridges, bridge struc-
    51  tures, signs, sign structures and upon any other area  upon  the  leased
    52  real property. The construction and operation of solar and wind electric
    53  generating  systems  subject  to  a lease authorized by this subdivision
    54  shall be subject to state and federal law, rules  and  regulations,  but
    55  shall  not  be  subject to any local law, resolution, ordinance, rule or
    56  regulation. The terms of any such  lease  shall  be  determined  by  the

        A. 2506                             3
 
     1  authority.  Such  lease  by  the authority shall not deprive an abutting
     2  landowner of his or her right of access.
     3    § 5. This act shall take effect immediately.
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