New York Proposal 3, Forest Preserve Land Bank Amendment (2017)

New York Proposal 3
Election date November 7, 2017
Topic Forests and parks
Status a Approved
Type Constitutional amendment	Origin State legislature

2017 measures
November 7, 2017
New York Proposal 1
New York Proposal 3
New York Proposal 2

New York Proposal 3, the Forest Preserve Land Bank Amendment, was on the ballot in New York as a legislatively referred constitutional amendment on November 7, 2017. It was approved.

A "yes" vote supported this amendment to: create a 250-acre land bank, which would allow local governments to request state Forest Preserve land for qualifying projects in exchange for the state adding 250 new acres to the preserve; and allow bike paths, sewer lines, and utility lines within the width of highways on preserve land.

A "no" vote opposed this amendment to: create a 250-acre state Forest Preserve land bank; and allow bike paths, sewer lines, and utility lines within the width of highways on preserve land.

Election results

Proposal 3
Result		Votes	Percentage
a Yes		1,755,081	52.31%
No		1,600,167	47.69%

Election results from New York Elections Office

Overview

Amendment design

Proposal 3 created a forest preserve land bank of 250 acres for qualifying local projects. The land bank was named the Health and Safety Land Account by the amendment. Proposal 3 allowed municipalities to request to use acres in the land bank to address bridge and road hazards, water wells to meet drinking water standards, and stabilizing public utility lines. Before local governments begin requesting acres in the land bank, the proposal was written to require the state to acquire 250 new acres to include in the Forest Preserve. The measure was also designed to allow bike paths, sewer lines, and electric, telephone, and broadband lines within the width of highways (49.5 feet or the width of the easement in existence on July 1, 2015) cutting through the Forest Preserve.

Status of the New York Forest Preserve

Section 1 of Article XIV of the New York Constitution provides for the state Forest Preserve, located in the Adirondack Mountains and Catskill Mountains, to be "forever kept as wild forest lands." As the land in the preserve is protected in the constitution, a ballot measure is needed each time the state or a local government wants to use land to construct roads, wells, or other amenities. Prior to November 7, 2017, the last public vote on using forest preserve land to construct amenities was in 2009, when voters approved Proposal 1. The measure allowed for the use of six acres to construct a 46-kilovolt power line along State Route 56.

Text of measure

Ballot question

The ballot question was as follows:

“

The proposed amendment will create a land account with up to 250 acres of forest preserve land eligible for use by towns, villages, and counties that have no viable alternative to using forest preserve land to address specific public health and safety concerns; as a substitute for the land removed from the forest preserve, another 250 acres of land, will be added to the forest preserve, subject to legislative approval. The proposed amendment also will allow bicycle trails and certain public utility lines to be located within the width of specified highways that cross the forest preserve while minimizing removal of trees and vegetation. Shall the proposed amendment be approved?

”

Ballot summary

The ballot summary was as follows:

New York State’s Constitution protects the State’s forest preserve as wild forest land and generally prohibits the lease, sale, exchange, or taking of any forest preserve land. The proposed amendment will create two new exceptions to this broad protection of the forest preserve to make it easier for municipalities to undertake certain health and safety projects. First, the proposed amendment will create a land account of up to 250 acres of forest preserve land. A town, village, or county can apply to the land account if it has no viable alternative to using forest preserve land for specified health and safety purposes. These purposes are (1) to address bridge hazards or safety on specified highways; (2) to eliminate the hazards of dangerous curves and grades on specified highways; (3) to relocate, reconstruct, and maintain highways; and (4) for water wells and necessary related accessories located within 530 feet of a specified highway, where needed to meet drinking water quality standards. The State will acquire 250 acres to add to the forest preserve to replace the land placed in the health and safety land account, subject to approval by the Legislature, Second, the proposed amendment will allow bicycle paths and types of public utility lines to be located within the widths of specified highways that cross forest preserve land. The work on the bicycle paths and utility lines must minimize the removal of trees and vegetation. The proposed amendment will allow a stabilization device (such as a guy wire) for an existing utility pole to be located near the width of a highway when necessary to ensure public health and safety and when no other viable option exists. The proposed amendment prohibits the construction of a new intrastate gas or oil pipeline that did not receive necessary state and local permits and approvals by June 1, 2016.

Constitutional changes

See also: Article XIV, New York Constitution

The measure added a paragraph to Section 1 of Article XIV and a Section 6 to Article XIV of the New York Constitution. The following text was added: Note: Hover over the text and scroll to see the full text.

Paragraph to Section 1

Notwithstanding the foregoing provisions and subject to legislative approval prior to actual transfer of title, a total of no more than two hundred fifty acres of forest preserve land shall be used for the establishment of a health and safety land account. Where no viable alternative exists and other criteria developed by the legislature are satisfied, a town, village or county may apply, pursuant to a process determined by the legislature, to the health and safety land account for projects limited to: address bridge hazards or safety on county highways, and town highways listed on the local highway inventory maintained by the department of transportation, dedicated, and in existence on January first, two thousand fifteen, and annually plowed and regularly maintained; elimination of the hazards of dangerous curves and grades on county highways, and town highways listed on the local highway inventory maintained by the department of transportation, dedicated, and in existence on January first, two thousand fifteen, and annually plowed and regularly maintained; relocation and reconstruction and maintenance of county highways, and town highways listed on the local highway inventory maintained by the department of transportation, dedicated, and in existence on January first, two thousand fifteen and annually plowed and regularly maintained, provided further that no single relocated portion of any such highway shall exceed one mile in length; and 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 listed on the local highway inventory maintained by the department of transportation, dedicated, and in existence on January first, two thousand fifteen, and annually plowed and regularly maintained. As a condition of the creation of such health and safety land account the state shall acquire two hundred fifty acres of land for incorporation into the forest preserve, on condition that the legislature shall approve such lands to be added to the forest preserve.

Section 6

§6. Where state, county, or town highways listed on the local highway inventory maintained by the department of transportation, dedicated and in existence on January first, two thousand fifteen, and annually plowed and regularly maintained, traverse forest preserve land, public utility lines, limited to electric, telephone, broadband, water or sewer lines as defined in law, may, consistent with standards and requirements set forth in law, and following receipt of all permits or authorizations required by law, be buried or co-located within the widths of such highways as defined in law, and bicycle paths may, consistent with standards and requirements set forth in law, and following receipt of all permits or authorizations required by law, be constructed and maintained within the widths of such highways, as defined in law; provided, however, when no viable alternative exists and when necessary to ensure public health and safety, a stabilization device for an existing utility pole may be located in proximity to the width of the road, as defined in law; provided further, that any co-location, burial, maintenance or construction shall minimize the removal of trees or vegetation and shall not include the construction of any new intrastate natural gas or oil pipelines that have not received all necessary state and local permits and authorizations as of June first, two thousand sixteen.

Enabling legislation

See also: Process of using the land bank

Approval of the measure added a Title 21 to Article 9 of the Environmental Conservation Law and amend Section 97-e of the State Finance Law. The underlined text of Section 97-e was added, and struck-through text was deleted. The purpose of the enabling legislation is to provide laws on how to implement the constitutional amendment.

Section 1. Article 9 of the environmental conservation law is amended by adding a new title 21 to read as follows: TITLE 21 FOREST PRESERVE HEALTH AND SAFETY LAND ACCOUNT AND PUBLIC UTILITY IMPROVEMENTS Section 9-2101. Health and safety land account creation and use. Section 9-2103. Highway right of way public utility improvements. Section 9-2105. Department reporting. § 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 deter- mines 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. § 9-2103. Highway right of way public utility improvements. 1. Definitions. For purposes of this section: a.”county highway” shall have the same meaning as defined in subdivision four of section three of the highway law. b. “eligible project” shall mean burial or co-location of a public utility line or construction and maintenance of bicycle paths by a project sponsor within the width of a highway of a town highway, county highway or state highway that traverses state forest preserve land. c. “project sponsor” shall mean a village, town, a county, located in the counties of Clinton, Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Lewis, Oneida, Saratoga, Saint Lawrence, Sullivan, Ulster, Warren and Washington or, for: (i) bicycle paths, the department of transportation, (ii) for water lines, a public water supplier; or (iii) for electric, telephone or broadband lines, a public utility company. d. “public utility company” shall have the same meaning as such term is defined in section two of the public service law; provided, however, that for broadband projects a person subject to article eleven of the public service law shall be included. e. “public utility line” shall mean only electric, telephone, broadband, water or sewer lines, including any necessary conduit used to protect such lines. Public utility line shall not include the construction of any new intrastate natural gas or oil pipelines that have not received all necessary state and local permits and authorizations as of June first, two thousand sixteen. f. “public water supplier” shall mean a county or town water improvement district, village, New York city, public benefit corporation or public authority established pursuant to state law and empowered to construct and operate a municipal water management facility, as defined in section twelve hundred eighty-one of the public authorities law. g. “state highway” shall mean a state highway as defined in subdivisions one, two and three of section three of the highway law. h. “state lands” shall mean lands owned by the state in forest preserve counties that are under the jurisdiction of the department. i. “town highway” shall mean 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. j. “water supply projects” shall mean drinking water wells. k. “width of the highway” shall mean three rods or the deeded, recorded municipal or state right of way or easement in existence as of January first, two thousand fifteen. 2. Pursuant to approval by the department and the department of transportation and following a public hearing on each eligible project at which the public shall be given an opportunity to be heard, a public utility line may be co-located within or buried beneath the width of the highway of any state highway, county highway, or town highway. 3. A project sponsor for an eligible project within the width of the highway shall submit an application for a permit to the department that at minimum shall include: a. a resolution from the governing body of the project sponsor, or in the case of a public utility seeking to utilize the width of highway of a town highway, the governing body of the town, or the width of highway of a county, the county governing board, that includes: (i) approval of the project; (ii) attestation that such width of highway lands will only be used for eligible purposes; (iii) attestation that the project will minimize the removal of trees and vegetation and restore the area to pre-project condition to the maximum extent practicable. b. specific metes and bounds, including total proposed acreage of the width of highway land sought; c. a narrative about the project, including a justification; d. any necessary permits and authorizations; and, e. 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 approve an application for an eligible project permit following a determination that: a. the eligible project meets the eligible project criteria; b. the eligible project minimizes adverse environmental impact to the maximum extent practicable; and c. the eligible project will not adversely impact lands with environmental, ecological or recreational value, as determined by the department based on a resource inventory and assessment. 7. After a hearing and opportunity to be heard, if the commissioner determines that a project sponsor is utilizing land for a purpose other than as authorized by the department, the commissioner may require removal of any improvements to the land and restoration of the land to a natural, vegetative state. 8. The department is authorized to promulgate such rules and regulations as may be necessary to implement and administer the provisions of this article. § 9-2105. Department reporting. 1. The department shall issue an annual report to the legislature detailing the use of the health and safety land account and the highway right of way public utility improvement permits including: the number of applications received; the number of eligible projects applications approved and denied; the project description, narrative and acreage of eligible projects; the cumulative total of eligible projects listed by project sponsor; total deposits by each project sponsor into the forest preserve fund; annual disbursements from the forest preserve fund and the amount of land acquired with such disbursements; total number of public utility improvement permits issued; and the cumulative total and project type of permits issued listed by project sponsor. 2. The information contained in such report shall also be made available on the department’s website and updated no less than annually. § 2. Section 97-e of the state finance law, as amended by chapter 637 of the laws of 1960, is amended to read as follows: § 97-e. Forest preserve expansion fund. 1. There is hereby established in the state treasury a special fund, to be known as the forest preserve expansion fund, which shall consist of and into which shall be paid all moneys derived from the sale of certain forest preserve lands specified in section twenty-four of the public lands law, monies received from a project sponsor of an eligible project for a health and safety land account transaction pursuant to section 9-2101 of the environmental conservation law and such other moneys as may be paid into said fund pursuant to law. The moneys in such fund shall be expended only for the acquisition of additional lands for the forest preserve within either the Adirondack or Catskill park as now fixed by law. Upon appropriation by the legislature, the conservation department of environmental conservation may use such moneys or any portion thereof for the acquisition of such additional lands subject to the approval of title thereto by the attorney general. All payments from such fund shall be made by the department of taxation and finance after audit by and upon warrant of the comptroller, on vouchers approved by the conservation commissioner of environmental conservation. 2. The conservation commissioner of environmental conservation is authorized to accept, in the name of the people of the state of New York, any gift or bequest of moneys to be paid into such forest preserve expansion fund and to be expended and disbursed as provided in subdivision one of this section. § 3. The enactment of this legislation shall be deemed to meet the legislative approval requirement pursuant to subdivision 8 of section 9-2101 of the environmental conservation law, for an eligible project as defined in section 1 of section 9-2101 of the environmental conservation law, that consists of the relocation of a county-owned highway structure taken out of service in 2009, which spans the Schroon River in the town of Chester in the county of Warren. Such authorization is conditioned on the receipt by such project of all required permits and approvals and compliance with all the other criteria identified in section 9-2101 of the environmental conservation law. § 4. This act shall take effect on the same date and in the same manner as a “CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article 14 of the constitution, in relation to allowing public utility lines and bicycle paths on certain state lands in the forest preserve and establishing a forest preserve health and safety land account” takes effect, in accordance with section 1 of article 19 of the constitution.

Readability score

See also: Ballot measure readability scores, 2017

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The New York Board of Elections wrote the ballot language for this measure. The FKGL for the ballot title is grade level 19, and the FRE is 25. The word count for the ballot title is 108, and the estimated reading time is 28 seconds. The FKGL for the ballot summary is grade level 16, and the FRE is 36. The word count for the ballot summary is 297, and the estimated reading time is 1 minute, 19 seconds.

Process of using the land bank

The enabling legislation for the amendment was designed to set up the processes of establishing the land bank, municipalities requesting land from the bank, and municipalities receiving land from the bank.

Before local governments would be permitted to request land from the bank, Proposal 3 was designed to require the New York State Legislature to add 250 acres to the state Forest Preserve.

Proposal 3 was designed to allow government entities located in the following counties to request land from the land bank: Clinton, Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Lewis, Oneida, Saratoga, St. Lawrence, Sullivan, Ulster, Warren, and Washington. The following map highlights the eligible counties:

Projects that are eligible for land under the amendment include:

(a) addressing bridge hazards;

(b) eliminating dangerous curves and grades on roads;

(c) relocating, maintaining, or reconstructing local highways and associated culverts provided that no relocated portion is over one mile long;

(d) water wells located within 530 feet of state or local highways; and

(e) stabilization devices for existing utility poles next to highways.

The proposal required governments to demonstrate that no viable alternatives existed to using state Forest Preserve land for the proposed projects. Moreover, projects were prohibited from using herbicides for clearing state land, required to minimize the removal of trees and vegetation, and required to restore pre-project environmental conditions as much as is practicable.

Details on governments filing an application for land and receiving land

Step 1: Filing an application for land The first step for local governments to receive acres from the land bank is the submission of an application to the New York State Department of Environmental Conservation (DEC). The application needs to include the following information: (a) a resolution from the local government that includes a reason why the project is necessary and information on why no viable alternative exists; (b) a detailed summary of the proposed project and a summary of alternatives that were researched and explored; (c) details of the land needed, including boundaries, in acres; (d) justification for the size of the project; (e) that the local government will provide money to the state for the Forest Preserve Expansion Fund equivalent to the fair market value of the land; (f) necessary permits and authorizations; and (g) an accurate survey of the land requested. Step 2: DEC public hearings and consideration After receiving an application, the DEC would publish a notice of the project in the state register, the environmental notice bulletin, and a newspaper with general circulation in the area of the proposed project. The DEC would establish a time period for public comment and hold public meetings on the project. The DEC is required to base its decision on whether to accept an application on the following criteria: (a) the proposed project is eligible for using the land bank; (b) the project minimizes environmental impact to the maximum extent practicable; (c) the project does not have a negative impact on lands with historical, ecological, environmental, or recreational value; (d) the sponsoring government has money available for the land to be put in the Forest Preserve Expansion Fund; and (e) the project minimizes the amount of land used from the land bank to the maximum extent practicable. Projects designed to use more than one quarter-mile of land need final approval from the state legislature, whereas projects designed to use less than one-quarter mile do not require legislative approval.

Support

Supporters

• New York Conservative Party

Arguments

Sen. Betty Little (R-45), the legislative sponsor of the amendment, stated:

“

As the sponsor of numerous constitutional amendments, I know how time consuming, costly and uncertain the process is. The goal of the amendment, that a broad group of stakeholders have collaborated on is to create a very specific category of projects to address health and safety issues in our communities without the need to amend the constitution in every instance. We will get good results for local residents while protecting natural resources in the Adirondacks.

”

Opposition

Opponents of Proposition 3 made the following arguments:

• The measure is not specific enough concerning for what the land bank can and cannot be used;
• While the amendment does prohibit intrastate pipelines, it does not prohibit interstate pipelines, and the land could potentially be used to create a pipeline;
• The proposal is trying to convince voters that it is all about broadband and bike paths for rural towns when really it is about opening the door to some special interests.

Campaign finance

See also: Campaign finance requirements for New York ballot measures

Total campaign contributions:
Support:	$0.00
Opposition:	$0.00

No ballot question committees registered to support or oppose the amendment.

Reporting dates

New York ballot measure committees filed a total of five campaign finance reports in 2017. The filing dates for reports were as follows:

2017 campaign finance reporting dates
Date	Report	Period
1/17/2017	January Periodic	7/11/2016 - 1/13/2017
7/17/2017	July Periodic	1/14/2017 - 7/13/2017
10/06/2017	32-days pre-election report	7/14/2017 - 10/02/2017
10/27/2017	11-days pre-election report	10/03/2017 - 10/23/2017
12/04/2017	27-days post-election report	10/24/2017 - 11/30/2017
1/16/2018	January Periodic	7/14/2017 - 1/12/2018

Media editorials

See also: 2017 ballot measure media endorsements

Support

• The Adirondack Daily Enterprise said: "Adirondack environmental agencies agree and have endorsed voting “yes” to this measure, as have — no surprise — local government groups. We do, too."
• The Daily Gazette said: "By voting yes, voters will make it easier for communities to make infrastructure improvements in the most sensitive areas of the parks while ensuring the preservation of state land."
• Poughkeepsie Journal said: "Local governments in the Adirondacks and Catskills have sought this measure for years, and a slew of environmental groups agree with the notion. State lawmakers did their job by getting the proposal on the ballot this year, but it still requires voter approval. Proposal 3 makes a great deal of sense and deserves the public’s support."

Opposition

Ballotpedia did not find any media editorial boards opposing the measure. If you are aware of an editorial board's stance that is not listed here, please email it to editor@ballotpedia.org.

Background

Forest Preserve

Map of the New York Forest Preserve

The New York Forest Preserve is composed of two parks, the Adirondack Park and the Catskill Park. As of 2017, the Adirondack Park was about 2.6 million acres and covered the Adirondack Mountains. The Catskill Park was about 286,000 acres and covered the Catskill Mountains. Section 1 of Article XIV of the New York Constitution provides for the state's Forest Preserve to be "forever kept as wild forest lands." This section is often referred to as the Forever Wild Clause. A map of the state Forest Preserve in 2017 is located on the right-side of this page.

In 1885, Governor David B. Hill signed into law a bill creating the state Forest Preserve in the Adirondacks and Catskills. The bill contained the language that the Forest Preserve "be forever kept as wild forest lands." According to historian Eric Rutkow, the bill was difficult to enforce, and timber production remained challenging to regulate. Voters called a constitutional convention in 1886. Joseph H. Choate, president of the convention, described the status of the Forest Preserve as "the only question that warrants the existence of this convention." The convention crafted a constitutional amendment to add language from the bill to the state constitution and regulate timber production. Delegates voted 122 to 0 to pass the amendment. Voters approved the amendment when voting on a new constitution in 1894. The amendment added was as follows:

The lands of the State, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed.

Amendments to Section 1 of Article XIV

Voting on Forests and Parks
Ballot Measures
By state
By year
Not on ballot

Land in the state Forest Preserve cannot be used without an amendment to Section 1 of Article XIV. Therefore, a ballot measure is needed each time the state or a local government wants to use the land. As of 2017, Section 1 had been amended 19 times. One of these amendments renumbered Section 7 of Article VII as Section 1 of Article XIV, but made no substantive changes to the language. The other 18 amendments provided exceptions to the Forever Wild Clause. Voters defeated six additional amendments the state legislature referred to the ballot to amend Section 1.

Proposal 3 of 2017 allows the use of land for qualifying projects in the state Forest Preserve without a constitutional amendment for each land-use proposal until 250 acres are used. The amendment allows bike paths, sewer lines, and electric, telephone, and broadband lines within the width of highways. Municipalities are allowed to use acres in the land bank or the width of highways exception to address bridge and road hazards, water wells to meet drinking water standards, water or sewer lines, public utility lines, and bicycle paths. Projects designed to use state Forest Preserve land for anything else still require a constitutional amendment.

Proposal 1, which voters approved in 2009, would have met the criteria of the Land Bank Amendment. The measure allowed National Grid to use six acres of preserve land to construct a 46-kilovolt power line along State Route 56 in exchange for 10 new acres.

The state's first attempt at amending Section 1 of Article XIV in 1896 would not have been covered under this Land Bank Amendment. The New York State Legislature sought to amend Section 1 to allow timbering on state lands. Voters rejected the legislature's proposal 69 percent to 31 percent. Prior to November 7, 2017, the most recent measures to amend Section 1, Proposal 4 and Proposal 5 of 2013, would not have been covered under this Land Bank Amendment. Proposal 4 was designed to settle disputes between the state and private landowners over ownership of parcels of land in the Adirondack Mountains. The state exchanged some Forest Preserve land in exchange for payments from residents for new preserve parcels. Proposal 5 allowed the legislature to conduct a land exchange with NYCO Minerals Inc. in the Adirondack Forest Preserve. NYCO Minerals provided $1 million for new acres in exchange for 200 acres to expand a mining operation.

The following table is a list of ballot measures proposed to amend Section 1 of Article XIV:

Measure	Year	Description	Staus
Amendment 1	1896	Allow timber production on state lands	d
Amendment 2	1918	Construct a road from Saranac Lake to Old Forge	a
Amendment 3	1923	Authorize water-power development within the state Forest Preserve	d
Amendment 7	1927	Construct a road to the top of Whiteface Mountain for a World War I Memorial	a
Amendment 1	1932	Use land for lodges, hotels, and recreational facilities	d
Amendment 3	1933	Construct a road from Indian Lake to Speculator	a
Amendment 4	1941	Allow for ski trails on the slopes of Whiteface Mountain	a
Amendment 6	1947	Allow for ski trails on Belleayre Mountain and Gore Mountain	a
Amendment 7	1955	Construct a reservoir to regulate the flow of Moose and Black rivers	d
Amendment 7	1957	Establish a 400-acre land bank for reconstructing existing state roads	a
Amendment 2	1959	Construct the Adirondack Northway (Interstate 87)	a
Amendment 7	1961	Use land in Hamilton County for highway relocation	d
Amendment 7	1963	Give 10 acres to Saranac Lake for a landfill in exchange for 30 acres	a
Amendment 9	1965	Give 28 acres to Arietta for airport runway expansion in exchange for 340 acres	a
Amendment 2	1967	Allow for ski trails on Hoffman, Blue Ridge and Peaked Hill mountains	d
Amendment 2	1979	Give 8,500 acres to the International Paper Company in exchange for 8,500 acres	a
Proposal 6	1983	Give Camp Sagamore to the Sagamore Institute in exchange for 200 acres	a
Proposal 2	1987	Expand ski trails on Whiteface, Belleayre, Gore, and Pete Gay mountains	a
Proposal 2	1991	Give 50 acres to Arietta for airport runway expansion in exchange for 53 acres	a
Proposal 4	1995	Give 12 acres to Keene for a cemetery in exchange for 144 acres	a
Proposal 1	2007	Give one acre to Long Lake for drinking water wells in exchange for 12 acres	a
Proposal 1	2009	Give six acre to National Grid for power lines in exchange for 10 acres	a
Proposal 4	2013	Exchange disputed land with private landowners in Township 40	a
Proposal 5	2013	Give 200 acres to NYCO Minerals in exchange for around $1 million for new acres	a

Referred amendments on the ballot

From 1996 through 2016, the New York State Legislature referred 19 constitutional amendments to the ballot. Voters approved 15 and rejected four of the referred amendments. Most of the amendments (12 of 15) were referred to the ballot during odd-numbered election years. The average number of amendments appearing on the ballot during an odd-numbered election year was between one and two. No amendments appeared on the ballot in 2015. However, six amendments were referred to the ballot in 2013. The approval rate at the ballot box was 78.95 percent during the 20-year period from 1996 through 2016. The rejection rate was 21.05 percent.

Legislatively-referred constitutional amendments, 1996-2016
Years	Total number	Approved	Percent approved	Defeated	Percent defeated	Annual average	Annual median	Annual minimum	Annual maximum
Even years	3	3	100.00%	0	0.00%	0.27	0.00	0	2
Odd years	16	12	75.00%	4	25.00%	1.60	1.00	0	6
All years	19	15	78.95%	4	21.05%	0.90	0.00	0	6

Path to the ballot

See also: Amending the New York Constitution

According to Section 1 of Article XIX of the New York Constitution, the state legislature has the power to propose amendments to the state constitution through a majority vote in each legislative chamber during two successive sessions.

2015-2016 legislative session

Rep. Steven Englebright (D-4) and Sen. Betty Little (R-45) sponsored the amendment in the legislature during the 2015-2016 legislative session. The New York State Assembly approved the amendment as Assembly Bill 10721A on June 17, 2016, with 119 representatives voting in favor of referring the measure to the ballot. No representatives voted against the amendment, but 29 of them were excused from voting or absent. On June 17, 2016, the New York State Senate approved the amendment, with 62 senators voting in favor of referring the measure and one senator excused.

Vote in the New York Senate June 17, 2016
Requirement: Simple majority of all members in each chamber in two sessions
Number of yes votes required: 32  a
	Yes	No	Not voting
Total	62	0	1
Total percent	98.41%	0%	1.59%
Democrat	31	0	1
Republican	31	0	0

Vote in the New York Assembly June 17, 2016
Requirement: Simple majority of all members in each chamber in two sessions
Number of yes votes required: 76  a
	Yes	No	Not voting
Total	119	0	29
Total percent	79.33%	0.00%	19.33%
Democrat	83	0	19
Republican	35	0	10
Independent	1	0	0

2017-2018 legislative session

Sen. Betty Little (R-45) reintroduced the amendment into the state legislature as Senate Bill 2414 in 2017. The New York State Senate approved the amendment 61 to 0, with one senator excused, on March 31, 2017. The New York Assembly approved the amendment 131 to 0, with 19 members not voting, on June 28, 2017. As the amendment was approved during the previous legislative session, the votes of approval in March and June 2017 referred the amendment to the ballot for the election on November 7, 2017.

Vote in the New York Senate March 31, 2017
Requirement: Simple majority of all members in each chamber in two sessions
Number of yes votes required: 32  a
	Yes	No	Not voting
Total	61	0	1
Total percent	96.82%	0.00%	3.18%
Democrat	30	0	1
Republican	31	0	0

Vote in the New York Assembly June 28, 2017
Requirement: Simple majority of all members in each chamber in two sessions
Number of yes votes required: 76  a
	Yes	No	Not voting
Total	131	0	19
Total percent	87.33%	0.00%	12.67%
Democrat	95	0	12
Republican	35	0	7
Independent	1	0	0

State profile

Demographic data for New York
	New York	U.S.
Total population:	19,747,183	316,515,021
Land area (sq mi):	47,126	3,531,905
Race and ethnicity**
White:	64.6%	73.6%
Black/African American:	15.6%	12.6%
Asian:	8%	5.1%
Native American:	0.4%	0.8%
Pacific Islander:	0%	0.2%
Two or more:	2.9%	3%
Hispanic/Latino:	18.4%	17.1%
Education
High school graduation rate:	85.6%	86.7%
College graduation rate:	34.2%	29.8%
Income
Median household income:	$59,269	$53,889
Persons below poverty level:	18.5%	11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in New York. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in New York

New York voted for the Democratic candidate in all seven presidential elections between 2000 and 2024.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, 18 are located in New York, accounting for 8.74 percent of the total pivot counties.

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. New York had 14 Retained Pivot Counties and four Boomerang Pivot Counties, accounting for 7.73 and 16.00 percent of all Retained and Boomerang Pivot Counties, respectively.

More New York coverage on Ballotpedia

• Elections in New York
• United States congressional delegations from New York
• Public policy in New York
• Endorsers in New York
• New York fact checks
• More...

See also

Suggest a link

• New York 2017 ballot measures
• 2017 ballot measures
• New York Legislature
• Forests and parks on the ballot

External links

• Senate Bill 2414

Recent news

The link below is to the most recent stories in a Google news search for the terms New York 2017 Forest Preserve Land Bank Amendment. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

New York Proposal 3, Forest Preserve Land Bank Amendment (2017) - Google News