2023 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.