S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5676

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2011
                               ___________

Introduced  by  M.  of A. ENGLEBRIGHT, HOYT, CANESTRARI, COLTON, JACOBS,
  JAFFEE, TITONE, REILLY, MILLMAN -- Multi-Sponsored  by  --  M.  of  A.
  DESTITO,  GALEF,  GLICK,  GOTTFRIED,  SWEENEY, THIELE -- read once and
  referred to the Committee on Environmental Conservation

AN ACT to amend the parks, recreation and historic preservation law,  in
  relation  to  requiring  the  office of parks, recreation and historic
  preservation to acquire all mineral rights to real  property  acquired
  by such office

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 3.17 of the parks, recreation  and
historic  preservation  law,  as  amended  by chapter 727 of the laws of
1978, is amended to read as follows:
  1. Notwithstanding any other provision of law,  the  commissioner  may
acquire such property as may be necessary for the purposes and functions
of  the  office, within the amounts appropriated or available therefore.
Such property may be acquired pursuant to the provisions of the  eminent
domain  procedure law, or by purchase, lease, exchange, grant, condemna-
tion, gift, devise, bequest, or by any other lawful means. No real prop-
erty shall be so acquired unless the title thereto is  approved  by  the
attorney  general.    PROVIDED,  FURTHER, THAT NO REAL PROPERTY SHALL BE
ACQUIRED, RECEIVED, HELD OR ADMINISTERED BY THE COMMISSIONER UNLESS  THE
MINERAL  RIGHTS  ON AND UNDER SUCH LAND ARE ALSO ACQUIRED BY THE COMMIS-
SIONER IN THE NAME OF THE PEOPLE OF THE STATE  OF  NEW  YORK;  PROVIDED,
HOWEVER,  THAT THE COMMISSIONER MAY ACQUIRE, RECEIVE, HOLD OR ADMINISTER
REAL PROPERTY TO WHICH HE OR SHE HAS NOT  ACQUIRED  THE  MINERAL  RIGHTS
THERETO IN ANY CASE IN WHICH THE COMMISSIONER FINDS THAT SUCH REAL PROP-
ERTY IS OF GREAT SIGNIFICANCE AND IMPORTANCE TO THE STATE.  PRIOR TO THE
ACQUISITION,  RECEIPT, HOLDING OR ADMINISTRATION OF REAL PROPERTY BY THE
OFFICE TO WHICH THE COMMISSIONER HAS NOT  ACQUIRED  THE  MINERAL  RIGHTS
THERETO, THE COMMISSIONER SHALL ISSUE AN ANALYTICAL REPORT THAT PROVIDES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00401-01-1
              

A. 5676                             2

JUSTIFICATION  AND THE RATIONALE FOR SUCH PROPERTY ACQUISITION, NOTWITH-
STANDING THE LACK OF THE  MINERAL  RIGHTS  THERETO,  INCLUDING  BUT  NOT
LIMITED  TO  A  DESCRIPTION  OF  THE REAL PROPERTY, THE SIGNIFICANCE AND
IMPORTANCE  OF  THE  LAND  TO  THE  STATE, AND THE ECONOMIC BENEFITS AND
IMPACTS AND LOCAL IMPACTS OF ACQUIRING SUCH REAL PROPERTY.  AT LEAST ONE
MONTH AFTER THE ISSUANCE OF SUCH REPORT, THE OFFICE SHALL CONDUCT ONE OR
MORE PUBLIC HEARINGS, WITH AT LEAST ONE SUCH  HEARING  IN  THE  IMPACTED
AREA,  AND  SUCH  ACTIONS SHALL BE PUBLISHED IN THE ENVIRONMENTAL NOTICE
BULLETIN AT LEAST ONE MONTH PRIOR TO SUCH HEARING.  Notwithstanding  the
provisions  of section eleven of the state finance law, the commissioner
may accept a  conditional  grant,  gift,  devise  or  bequest  with  the
approval  of the director of the budget. Title to real property which is
acquired shall be taken in the name of and be vested in  the  people  of
the state of New York.
  S  2.  This  act shall take effect immediately and shall apply to real
property acquired or received on or after such date.