NY A00353

Authorizes the Department of Environmental Conservation to grant an easement for electric collection or distribution lines on state-owned property in Boutwell Hill state forest (Chautauqua County) for a wind-powered electric generation project in the towns of Charlotte and/or Cherry Creek.

Restricts the easement location to within 50 feet of centerlines of specified roads (Housington Road, Mill Creek Road, Boutwell Hill Road, and East Road), with limited exceptions allowing up to 500-1500 feet in specific areas, and prohibits tree cutting greater than 50 feet from the line except where minimized as practicable.

Requires compensation of fair market value plus 20 percent of easement value plus $100,000, with proceeds used to acquire open space property in region 9 of the state's conservation plan; additionally requires compensation for stumpage value of felled trees to the state.

Conditions the easement grant on: (1) state acquisition of an exchange parcel, (2) issuance of certificates of environmental compatibility and public need under Public Service Law articles 7 and 10, and (3) approval by the State Comptroller and Attorney General.

Terminates the easement when the wind generation project ceases operations for 18 months, with the land reverting to state management; the act expires and is repealed five years after enactment unless the easement is granted during that period.