CONSTITUTIONAL AMENDMENT

October 29, 2017

HEALTH and SAFETY LAND BANK

AATV is an advocate for the constitutional amendment to establish a Land Bank, but is dispirited by the reduction from the originally proposed 750 acres. 

This proposed amendment to article 14 of the New York State Constitution will allow public utility lines, municipal water supply, environmental infrastructure, highway & bridge improvements, and bicycle paths on certain state lands in the Forest Preserve to be transferred to a town, village, or county without the need for an explicit constitutional amendment.  A total of no more than 250 acres shall be used where no viable alternative exists and other criteria developed by the state legislature are satisfied.  The State shall then acquire 250 acres of other lands for incorporation back into the Forest Preserve.  State legislative approval will be required prior to actual transfer of title. 

SPECIFIC DETAILS:

• Assembly Bill A10721-A  http://assembly.state.ny.us/leg/?default_fld=&bn=A10721&term=2015&Summary=Y&Actions=Y&Text=Y&Votes=Y;
• Senate Bill S8026-A  http://legislation.nysenate.gov/pdf/bills/2015/S8026A;
• Town & County roads that transverse state forest preserve lands listed on DOT inventory of roads in existence 1/1/15 and be annually plowed and maintained;
• No single relocated portion of road shall exceed one mile in lenght;
• Public utilities must be buried or co-located within the width of the road;
• Public utilities are limited to electric, telephone, broadband, water, and sewer;
• Water wells must be located within 530ft of a maintained road.

According to the NY State Constitution, a majority vote is required in two successive sessions of the NY State Legislature in order to qualify an amendment for the ballot.  First legislative session passage occurred in both the State Senate and State Assembly last session (2016).  Passage is again required by both bodies in the next session for the amendment to appear on the ballot for the voters of NY State to approve.