NY Env Conserv L § 9-2101 (2021)
2021 New York Laws ENV - Environmental Conservation Article 9 - Lands and Forests Title 21 - Forest Preserve Health and Safety Land Account and Public Utility Improvements 9-2101 - Health and Safety Land Account Creation and Use.

§ 9-2101. Health and safety land account creation and use.   1. Definitions. For purposes of this section:   a.  "eligible project" means a public health or safety-related project necessary where no viable alternative exists, limited to the following:  (i) address bridge hazards to improve public safety on county highways and town highways;  (ii) elimination of the hazards of  dangerous  curves  and  grades  on county and town highways to improve public safety;  (iii)  relocation,  maintenance, and reconstruction of county highways and town highways, including associated culverts,  for  the  purpose  of addressing  public  safety  provided  that  no  relocation of any single relocated portion shall exceed one mile in length;  (iv) water wells and  necessary  appurtenances  when  such  wells  are necessary  to  meet  drinking  water  quality  standards and are located within five hundred thirty feet of state highways, county  highways  and town highways; and  (v) stabilization devices for an existing utility pole adjacent to, or no more than the minimum distance from the width of highway necessary to comply with standard safety practices.   Eligible  projects  shall  not include the use of chemicals/herbicides for clearing state land; the removal of trees and  vegetation  shall  be minimized  and  the  area  shall  promptly  be  restored  to pre-project conditions to the maximum extent practicable.   b. "county  highway"  shall  have  the  same  meaning  as  defined  in subdivision four of section three of the highway law.   c.  "forest  preserve  expansion fund" shall mean the fund established pursuant to section ninety-seven-e of the state finance law.   d. "project sponsor" means a town, village, or county located  in  the counties   of   Clinton,  Delaware,  Essex,  Franklin,  Fulton,  Greene, Hamilton, Herkimer, Lewis, Oneida, Saratoga, Saint  Lawrence,  Sullivan, Ulster, Warren and Washington.   e.  "no  viable alternative" means that no other option exists for the eligible project to address ongoing public  health  or  safety  concerns other than through the use of state lands.   f.  "state  highway"  means a state highway as defined in subdivisions one, two and three of section three of the highway law.   g. "state lands" means lands owned by the  state  in  forest  preserve counties that are under the jurisdiction of the department.   h. "town highway" means a town highway, as defined in subdivision five of  section  three of the highway law, in existence as of January first, two thousand fifteen, listed on the local highway  inventory  maintained by  the  department of transportation, and annually plowed and regularly maintained.   i. "width of the highway" shall have the same meaning as  paragraph  k of subdivision one of section 9-2103 of this title.   2. Following approval by the legislature of two hundred fifty acres of land  to  be  added  to  the  forest  preserve, a health and safety land account of not more than two hundred fifty acres is created for  use  by project  sponsors  for eligible projects necessary to protect health and safety where no viable alternative is available.  The  account  will  be administered by the department.   3.  A project sponsor with an eligible project may apply to the health and safety land account to receive fractional or whole  acreage  for  an eligible project. Such application shall include:   a.  a  resolution  from the governing body of the project sponsor that includes:  (i) attestation that the project is necessary to address public health or safety and no viable alternatives exist;  (ii) attestation that such  lands  will  only  be  used  for  eligible purposes  and that any real property acquired shall not be sold, leased, exchanged, donated or otherwise disposed of or used for other  than  the eligible  purposes  for  which  it  was  approved  without  the  express authority of an act of the legislature.   b.  a detailed summary of the proposed eligible project, including the whole action and all related  activities,  a  detailed  summary  of  the alternatives  the  project  sponsor  explored  prior  to arriving at the conclusion there were no viable alternatives;   c. specific metes and bounds, including total proposed acreage;   d. a narrative about the project, including a justification  that  the size of the fractional or whole acreage sought for such eligible project from the health and safety land account is the minimum amount required;   e.  monies  at  least equivalent to the fair market value of the state land proposed to be conveyed;   f. any necessary permits and authorizations; and,   g. an accurate survey.   4. Immediately upon determining that an application is  complete,  the department shall cause a notice of application, which shall also include the  time  period  for  public  comments,  to  be  published in the next available state register and environmental notice bulletin as well as in a newspaper having general circulation in the area in which the eligible project is proposed to  be  located.  Newspaper  publications  shall  be provided by the project sponsor.   5. The department shall hold a public hearing on each eligible project at which the public shall be given an opportunity to be heard.   6.  The  department,  following  consultation  with  the department of transportation to determine that any  required  authorization  has  been provided,  shall  only  deem  a  project  sponsor  eligible  to  receive fractional or whole acreage from the  health  and  safety  land  account following a determination that:   a.  the  project  meets the eligible project criteria, is necessary to protect public health or safety and the eligible project has  no  viable alternative on land not owned by the state;   b.  the  project minimizes adverse environmental impact to the maximum extent practicable;   c. the project will not  adversely  impact  viewsheds  or  lands  with historical,   ecological,   environmental   or  recreational  value,  as determined  by  the  department  based  on  a  resource  inventory   and assessment;   d.  the  monies  to  be  paid  by  the project sponsor into the forest preserve expansion fund, are at least  equivalent  to  the  fair  market value of the state land proposed to be conveyed; and   e.  the  project  minimizes  the  fractional or whole acreage from the health and safety land account to the maximum extent practicable.   7. Once an application has been approved the commissioner shall  cause to  be  prepared  an  accurate  survey map showing the boundaries of all state land proposed to be conveyed and shall notify the legislature.   8. a. Prior to the actual transfer of title  or  issuance  of  letters patent for an eligible project that is longer than one quarter mile that has  been approved by the department, the legislature shall approve each eligible project and the monies to be  paid  into  the  forest  preserve expansion  fund  equal  to  or greater than the fair market value of the acreage to be conveyed from the health and  safety  land  account.  Once approved by the legislature, title to the land shall be approved and the deed to the people of the state of New York of any lands dedicated shall be  approved  by the attorney general as to form and manner of execution and recordability prior to its delivery.    b. Prior to the actual transfer of title or issuance of letters patent for an eligible project that is less than one quarter linear mile total, which shall run and be measured parallel to the county highway  or  town highway,  and  which runs no more than ten feet perpendicular beyond the width of the highway which shall mean three rods or the deeded, recorded municipal  or  state  right of way or municipal or state easement in the existence as of January first, two thousand fifteen and, which has  been approved by the department, title to land shall be approved and the deed to  the  people of the state of New York of any lands dedicated shall be approved by the attorney general as to form and manner of execution  and recordability prior to its delivery.   9.   Real   property   acquired,   developed,  improved,  restored  or rehabilitated by or through a project sponsor pursuant to  this  section shall not be leased, exchanged, donated or otherwise disposed of or used for  other  than  the eligible project for which it was approved without the express authority of an act of the  legislature.  When  the  project sponsor  determines such eligible project is no longer needed, the lands shall revert to the state for inclusion  in  the  forest  preserve.  The department  shall  prescribe the terms and conditions for the removal of any improvements to the land and restoration of the land to  a  natural, vegetative state.