S T A T E   O F   N E W   Y O R K
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                                  5188

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sens.  LITTLE,  FARLEY, GRIFFO, SEWARD -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Finance

AN ACT to amend the executive law, in relation to granting local govern-
  ments  in  the Adirondack park the building rights on land acquired by
  the state

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

  Section 1. Subdivision 1 of section 814 of the executive law, as added
by chapter 348 of the laws of 1973, is amended to read as follows:
  1.  Any  state  agency  which intends to undertake any new land use or
development within the Adirondack park, other than land use or  develop-
ment  by  the  department  of environmental conservation pursuant to the
master plan for management of state lands[, irrespective of whether  the
land  use area wherein the project is proposed to be located is governed
by an approved local land use program] shall  give  due  regard  to  the
provisions  of the plan, THE APPROVED LOCAL LAND USE PLAN and the shore-
line restrictions and shall file a notice of such  intent  thereof  with
the  agency. Such notice shall be filed at the earliest time practicable
in the planning of  such  project,  and  in  no  event  later  than  the
submission of a formal budget request for the funding of such project or
any  part  thereof.    Such  notice  shall  contain a description of the
proposed project, together with  such  additional  information  relating
thereto  as  the  agency may determine necessary and appropriate for the
purposes of this section. The state  agency  shall  not  undertake  such
project  for a period of thirty days, or such earlier time as the agency
may specify, following the filing of the notice of intent.
  S 2. Section 816 of the executive law  is  amended  by  adding  a  new
subdivision 4 to read as follows:
  4. FOR ANY UNIT OF LAND FOR WHICH THE STATE ACQUIRES TITLE ON OR AFTER
THE EFFECTIVE DATE OF THIS SUBDIVISION, ALL LAST BUILDING RIGHTS THEREON

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11315-01-1
              

S. 5188                             2

SHALL  BE  VESTED  IN THE LOCAL GOVERNMENT OR LOCAL GOVERNMENTS IN WHICH
SUCH UNIT OR PORTION THEREOF IS LOCATED. USE  OF  SUCH  BUILDING  RIGHTS
SHALL  BE USED WITHIN A MODERATE INTENSITY USE OR LOW INTENSITY LAND USE
AREA, LOCATED WITHIN THREE MILES OF A HAMLET LAND USE AREA AND NOT TO BE
CLOSER  THAN  ONE-TENTH  OF  ONE  MILE OF A SHORELINE OF A LAKE, POND OR
NAVIGABLE RIVER OR STREAM, OR LOCATED WITHIN ONE MILE OF THE LOCATION OF
THE FOLLOWING POST OFFICES: ATHOL, NEW YORK 12810; BRANTINGHAM, NEW YORK
13312; GABRIELS, NEW YORK 12939; HOFFMEISTER, NEW YORK  13353;  HULETT'S
LANDING, NEW YORK 12841; KATTSKILL BAY, NEW YORK 12844; PAUL SMITHS, NEW
YORK  12970;  PISECO,  NEW YORK 12139; SABAEL, NEW YORK 12864; WANAKENA,
NEW YORK 13695; AND WHITE LAKE, NEW  YORK  12786.    ALL  SUCH  BUILDING
RIGHTS  SHALL  BE PROVIDED FOR IN THE APPROPRIATE LOCAL LAND USE PROGRAM
AND SHALL BE SUBJECT TO THE DISCRETION OF  THE  GOVERNING  BODY  OF  THE
LOCAL GOVERNMENT.
  S 3. This act shall take effect immediately.