§ 9-2101 — Health and safety land account creation and use

New York § 9-2101

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 21: Forest Preserve Health and Safety Land Account and Public Utility Improvements
• Art. 9: Lands and Forests

Text

§ 9-2101. Health and safety land account creation and use.\n 1. Definitions. For purposes of this section:\n a. "eligible project" means a public health or safety-related project\nnecessary where no viable alternative exists, limited to the following:\n (i) address bridge hazards to improve public safety on county highways\nand town highways;\n (ii) elimination of the hazards of dangerous curves and grades on\ncounty and town highways to improve public safety;\n (iii) relocation, maintenance, and reconstruction of county highways\nand town highways, including associated culverts, for the purpose of\naddressing public safety provided that no relocation of any single\nrelocated portion shall exceed one mile in length;\n (iv) water wells and necessary appurtenances when such wells are\nnecessary to meet drinking water quality standards and are located\nwithin five hundred thirty feet of state highways, county highways and\ntown highways; and\n (v) stabilization devices for an existing utility pole adjacent to, or\nno more than the minimum distance from the width of highway necessary to\ncomply with standard safety practices.\n Eligible projects shall not include the use of chemicals/herbicides\nfor clearing state land; the removal of trees and vegetation shall be\nminimized and the area shall promptly be restored to pre-project\nconditions to the maximum extent practicable.\n b. "county highway" shall have the same meaning as defined in\nsubdivision four of section three of the highway law.\n c. "forest preserve expansion fund" shall mean the fund established\npursuant to section ninety-seven-e of the state finance law.\n d. "project sponsor" means a town, village, or county located in the\ncounties of Clinton, Delaware, Essex, Franklin, Fulton, Greene,\nHamilton, Herkimer, Lewis, Oneida, Saratoga, Saint Lawrence, Sullivan,\nUlster, Warren and Washington.\n e. "no viable alternative" means that no other option exists for the\neligible project to address ongoing public health or safety concerns\nother than through the use of state lands.\n f. "state highway" means a state highway as defined in subdivisions\none, two and three of section three of the highway law.\n g. "state lands" means lands owned by the state in forest preserve\ncounties that are under the jurisdiction of the department.\n h. "town highway" means a town highway, as defined in subdivision five\nof section three of the highway law, in existence as of January first,\ntwo thousand fifteen, listed on the local highway inventory maintained\nby the department of transportation, and annually plowed and regularly\nmaintained.\n i. "width of the highway" shall have the same meaning as paragraph k\nof subdivision one of section 9-2103 of this title.\n 2. Following approval by the legislature of two hundred fifty acres of\nland to be added to the forest preserve, a health and safety land\naccount of not more than two hundred fifty acres is created for use by\nproject sponsors for eligible projects necessary to protect health and\nsafety where no viable alternative is available. The account will be\nadministered by the department.\n 3. A project sponsor with an eligible project may apply to the health\nand safety land account to receive fractional or whole acreage for an\neligible project. Such application shall include:\n a. a resolution from the governing body of the project sponsor that\nincludes:\n (i) attestation that the project is necessary to address public health\nor safety and no viable alternatives exist;\n (ii) attestation that such lands will only be used for eligible\npurposes and that any real property acquired shall not be sold, leased,\nexchanged, donated or otherwise disposed of or used for other than the\neligible purposes for which it was approved without the express\nauthority of an act of the legislature.\n b. a detailed summary of the proposed eligible project, including the\nwhole action and all related activities, a detailed summary of the\nalternatives the project sponsor explored prior to arriving at the\nconclusion there were no viable alternatives;\n c. specific metes and bounds, including total proposed acreage;\n d. a narrative about the project, including a justification that the\nsize of the fractional or whole acreage sought for such eligible project\nfrom the health and safety land account is the minimum amount required;\n e. monies at least equivalent to the fair market value of the state\nland proposed to be conveyed;\n f. any necessary permits and authorizations; and,\n g. an accurate survey.\n 4. Immediately upon determining that an application is complete, the\ndepartment shall cause a notice of application, which shall also include\nthe time period for public comments, to be published in the next\navailable state register and environmental notice bulletin as well as in\na newspaper having general circulation in the area in which the eligible\nproject is proposed to be located. Newspaper publications shall be\nprovided by the project sponsor.\n 5. The department shall hold a public hearing on each eligible project\nat which the public shall be given an opportunity to be heard.\n 6. The department, following consultation with the department of\ntransportation to determine that any required authorization has been\nprovided, shall only deem a project sponsor eligible to receive\nfractional or whole acreage from the health and safety land account\nfollowing a determination that:\n a. the project meets the eligible project criteria, is necessary to\nprotect public health or safety and the eligible project has no viable\nalternative on land not owned by the state;\n b. the project minimizes adverse environmental impact to the maximum\nextent practicable;\n c. the project will not adversely impact viewsheds or lands with\nhistorical, ecological, environmental or recreational value, as\ndetermined by the department based on a resource inventory and\nassessment;\n d. the monies to be paid by the project sponsor into the forest\npreserve expansion fund, are at least equivalent to the fair market\nvalue of the state land proposed to be conveyed; and\n e. the project minimizes the fractional or whole acreage from the\nhealth and safety land account to the maximum extent practicable.\n 7. Once an application has been approved the commissioner shall cause\nto be prepared an accurate survey map showing the boundaries of all\nstate land proposed to be conveyed and shall notify the legislature.\n 8. a. Prior to the actual transfer of title or issuance of letters\npatent for an eligible project that is longer than one quarter mile that\nhas been approved by the department, the legislature shall approve each\neligible project and the monies to be paid into the forest preserve\nexpansion fund equal to or greater than the fair market value of the\nacreage to be conveyed from the health and safety land account. Once\napproved by the legislature, title to the land shall be approved and the\ndeed to the people of the state of New York of any lands dedicated shall\nbe approved by the attorney general as to form and manner of execution\nand recordability prior to its delivery.\n b. Prior to the actual transfer of title or issuance of letters patent\nfor an eligible project that is less than one quarter linear mile total,\nwhich shall run and be measured parallel to the county highway or town\nhighway, and which runs no more than ten feet perpendicular beyond the\nwidth of the highway which shall mean three rods or the deeded, recorded\nmunicipal or state right of way or municipal or state easement in the\nexistence as of January first, two thousand fifteen and, which has been\napproved by the department, title to land shall be approved and the deed\nto the people of the state of New York of any lands dedicated shall be\napproved by the attorney general as to form and manner of execution and\nrecordability prior to its delivery.\n 9. Real property acquired, developed, improved, restored or\nrehabilitated by or through a project sponsor pursuant to this section\nshall not be leased, exchanged, donated or otherwise disposed of or used\nfor other than the eligible project for which it was approved without\nthe express authority of an act of the legislature. When the project\nsponsor determines such eligible project is no longer needed, the lands\nshall revert to the state for inclusion in the forest preserve. The\ndepartment shall prescribe the terms and conditions for the removal of\nany improvements to the land and restoration of the land to a natural,\nvegetative state.\n