S T A T E   O F   N E W   Y O R K
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                                   368

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the parks, recreation and historic preservation law  and
  the  state finance law, in relation to providing for the establishment
  of the urban open space program and establishing the urban open  space
  program fund; and making an appropriation therefor

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

  Section 1. The parks, recreation  and  historic  preservation  law  is
amended by adding a new article 18 to read as follows:

                               ARTICLE 18
                        URBAN OPEN SPACE PROGRAM

SECTION 18.01 URBAN OPEN SPACE PROGRAM.
  S  18.01 URBAN OPEN SPACE PROGRAM. 1. THE COMMISSIONER SHALL ESTABLISH
WITHIN THE OFFICE AN URBAN OPEN SPACE PROGRAM (HEREINAFTER  REFERRED  TO
IN  THIS  SECTION AS "UOS PROGRAM" OR "PROGRAM"). THE PURPOSE OF THE UOS
PROGRAM SHALL BE TO PROVIDE FOR THE  ACQUISITION,  CREATION,  ESTABLISH-
MENT,  EXPANSION, IMPROVEMENT, CONSERVATION AND PROTECTION OF OPEN SPACE
AREAS IN CITIES.   THE PURPOSE OF SUCH OPEN  SPACE  AREAS  SHALL  BE  TO
ENHANCE  THE URBAN ENVIRONMENT, THEREBY PROMOTING THE HEALTH, SAFETY AND
WELFARE OF THE PEOPLE OF THE STATE  IN  A  VARIETY  OF  WAYS,  SUCH  AS:
REDUCTION  OF  AIR POLLUTION, REDUCTION OF NOISE POLLUTION, MODIFICATION
OF EXTREMES  OF  TEMPERATURE  THEREBY  REDUCING  THE  AMOUNT  OF  ENERGY
CONSUMED  IN HEATING AND COOLING MANY URBAN BUILDINGS AND HOMES, ASSIST-
ING IN WATERSHED MANAGEMENT,  PROVIDING  HABITATS  FOR  DESIRABLE  URBAN
VEGETATION  AND  WILDLIFE,  PROVISION  OF SHADE, PRESERVATION OF NATURAL
RESOURCES, ENHANCEMENT OF REAL ESTATE VALUES AND BEAUTIFICATION OF URBAN
AREAS THROUGHOUT THE STATE.

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

                                                           LBD02434-01-3

S. 368                              2

  2. THE UOS PROGRAM SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A)  ACQUISITION,  CREATION,  ESTABLISHMENT,  EXPANSION,  IMPROVEMENT,
CONSERVATION AND PROTECTION OF OPEN SPACE AREAS IN CITIES BY THE  OFFICE
FOR UOS PROGRAM PURPOSES; AND
  (B)  STATE AID TO CITIES FOR THE ACQUISITION, CREATION, ESTABLISHMENT,
EXPANSION, IMPROVEMENT, CONSERVATION AND PROTECTION OF OPEN SPACE  AREAS
IN CITIES BY CITIES FOR UOS PROGRAM PURPOSES.
  3. (A) REAL PROPERTY ACQUIRED BY THE OFFICE SHALL BE ACQUIRED PURSUANT
TO  SECTIONS  3.17 AND 3.19 OF THIS CHAPTER, AFTER CONSULTATION WITH THE
STATE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL AND THE COMMISSIONER
OF ENVIRONMENTAL CONSERVATION. MONEYS TO BE EXPENDED  FOR  THE  COST  OF
SUCH  ACQUISITION  SHALL  BE  PAID ON THE AUDIT AND WARRANT OF THE STATE
COMPTROLLER ON THE CERTIFICATE OF THE COMMISSIONER.
  (B)(I) NO REAL PROPERTY SHALL BE ACQUIRED BY A CITY PURSUANT  TO  THIS
SECTION  UNLESS SUCH ACQUISITION SHALL HAVE BEEN APPROVED BY THE COMMIS-
SIONER, AFTER CONSULTATION WITH THE STATE COMMISSIONER  OF  HOUSING  AND
COMMUNITY  RENEWAL  AND  THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION.
(II) THE STATE SHARE OF THE COST OF SUCH ACQUISITION SHALL  BE  PAID  ON
THE AUDIT AND WARRANT OF THE STATE COMPTROLLER ON THE CERTIFICATE OF THE
COMMISSIONER.  (III)  IN  THE  EVENT  THAT  A CITY SHALL FAIL TO PAY ITS
SHARE, AS DETERMINED BY THE COMMISSIONER, OF THE COST OF  SUCH  ACQUISI-
TION  WITHIN  SIX  MONTHS  OF THE CERTIFICATION TO THE CITY BY THE STATE
COMPTROLLER OF THE AMOUNT OF SUCH  COST,  THE  STATE  COMPTROLLER  SHALL
CAUSE  TO BE WITHHELD FROM THE STATE ASSISTANCE FUNDS TO WHICH SUCH CITY
WOULD OTHERWISE BE ENTITLED, A SUM SUFFICIENT TO REIMBURSE THE STATE FOR
ANY AMOUNT REMAINING UNPAID, TOGETHER WITH INTEREST ON ANY  SUCH  UNPAID
AMOUNT  AT  THE  RATE  OF  THREE PERCENT PER ANNUM FROM THE DATE OF SUCH
CERTIFICATION. MONEYS SO WITHHELD SHALL BE CREDITED AGAINST  THE  AMOUNT
OF PRINCIPAL AND INTEREST PAYABLE BY SUCH CITY FOR ITS SHARE OF THE COST
OF  ACQUISITION OF SUCH REAL PROPERTY. (IV) FOR THE PURPOSE OF COMPUTING
THE GRANT OF AID MADE BY THE OFFICE TO A CITY TO ASSIST  IN  PAYING  FOR
THE  COST  OF ACQUIRING REAL PROPERTY PURSUANT TO THIS SECTION, THE COST
OF ACQUISITION SHALL NOT BE MORE THAN THE AMOUNT SET FORTH IN THE APPLI-
CATION FOR STATE AID MADE BY THE CITY AND APPROVED BY THE  COMMISSIONER,
PLUS  ANY  DIRECT  INCIDENTAL  COSTS APPROVED BY THE COMPTROLLER.  (V) A
CITY WHICH ACQUIRES REAL PROPERTY WITH FUNDS MADE AVAILABLE PURSUANT  TO
THIS  SECTION  MAY  ESTABLISH REASONABLE RULES AND REGULATIONS TO ENSURE
PROPER ADMINISTRATION, MAINTENANCE, USE AND PROTECTION  OF  SUCH  LANDS,
PROVIDED THAT NO RULE OR REGULATION RESTRICTING THE USE OF SUCH PROPERTY
TO  THE  RESIDENTS  OF  THE  CITY SHALL BE EFFECTIVE WITHOUT THE EXPRESS
APPROVAL OF THE COMMISSIONER.
  (C) REAL PROPERTY ACQUIRED BY THE OFFICE PURSUANT TO THIS  SECTION  OR
BY A CITY WITH THE AID OF FUNDS MADE AVAILABLE PURSUANT TO THIS SECTION,
SHALL  BE  RETAINED BY THE OFFICE OR CITY, AS THE CASE MAY BE, AND SHALL
NOT BE DISPOSED OF OR USED FOR OTHER THAN URBAN OPEN SPACE  PURPOSES  AS
SET FORTH IN THIS SECTION WITHOUT THE EXPRESS AUTHORITY OF AN ACT OF THE
LEGISLATURE.
  4.  IN  IMPLEMENTING,  MANAGING AND ADMINISTERING THE URBAN OPEN SPACE
PROGRAM PURSUANT TO THE PROVISIONS OF THIS SECTION, THE COMMISSIONER MAY
PERFORM SUCH ACTS AND PROMULGATE SUCH RULES AND REGULATIONS AS HE OR SHE
DEEMS NECESSARY, PROPER OR DESIRABLE TO CARRY OUT THE PURPOSES  OF  THIS
SECTION.  THIS  SHALL INCLUDE, BUT NOT BE LIMITED TO, THE COMMISSIONER'S
CONSULTATION WITH  THE  STATE  COMMISSIONER  OF  HOUSING  AND  COMMUNITY
RENEWAL  AND  THE  COMMISSIONER  OF ENVIRONMENTAL CONSERVATION. PROVIDED
FURTHER THAT THE COMMISSIONER SHALL  PROMULGATE  RULES  AND  REGULATIONS
CONCERNING  THE  STANDARDS  FOR  THE ELIGIBILITY OF A CITY FOR STATE AID

S. 368                              3

PURSUANT TO THIS SECTION AND THE FORM FOR APPLICATIONS  FOR  SUCH  STATE
AID.
  S  2. The state finance law is amended by adding a new section 97-llll
to read as follows:
  S 97-LLLL. URBAN OPEN SPACE PROGRAM FUND. 1. THERE  IS  HEREBY  ESTAB-
LISHED  IN  THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF
THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION A SPECIAL FUND
TO BE KNOWN AS THE "URBAN OPEN SPACE PROGRAM FUND".
  2. SUCH FUND SHALL CONSIST OF ALL MONEYS CREDITED OR APPROPRIATED  FOR
TRANSFER THERETO FROM ANY SOURCE ACCORDING TO LAW.
  3. MONEYS OF THE FUND SHALL BE AVAILABLE ONLY FOR THE PAYMENT OF COSTS
ASSOCIATED WITH THE IMPLEMENTATION, MANAGEMENT AND ADMINISTRATION OF THE
URBAN OPEN SPACE PROGRAM ESTABLISHED PURSUANT TO ARTICLE EIGHTEEN OF THE
PARKS,  RECREATION  AND HISTORIC PRESERVATION LAW, INCLUDING THE PAYMENT
OF STATE AID PURSUANT TO THE PROVISIONS OF SUCH ARTICLE.
  4. MONEYS OF THE FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE  COMMIN-
GLED  WITH  ANY OTHER MONEYS IN THE CUSTODY OF THE COMPTROLLER. ANY SUCH
MONEYS IN THE FUND  MAY,  IN  THE  DISCRETION  OF  THE  COMPTROLLER,  BE
INVESTED IN OBLIGATIONS IN WHICH THE COMPTROLLER IS AUTHORIZED TO INVEST
PURSUANT TO SECTION NINETY-EIGHT-A OF THIS ARTICLE. ANY INCOME OR INTER-
EST FROM SUCH INVESTMENT SHALL BE CREDITED TO SUCH FUND.
  5. ALL PAYMENTS OF MONEYS FROM THE FUND SHALL BE MADE ON THE AUDIT AND
WARRANT OF THE COMPTROLLER.
  S  3. The sum of ten million dollars ($10,000,000), or so much thereof
as may be necessary, is hereby appropriated  to  the  urban  open  space
program  fund  from any moneys in the state treasury in the general fund
to the credit of the state purposes account not  otherwise  appropriated
for services and expenses of the office of parks, recreation and histor-
ic  preservation for the purposes of carrying out the provisions of this
act. Such sum shall be payable on the audit and  warrant  of  the  state
comptroller on vouchers certified or approved by the commissioner of the
office  of  parks,  recreation  and  historic  preservation, or his duly
designated representative in the manner provided by law. No  expenditure
shall be made from this appropriation until a certificate of approval of
availability  shall  have  been issued by the director of the budget and
filed with the state comptroller and a copy filed with the  chairman  of
the  senate  finance committee and the chairman of the assembly ways and
means committee. Such certificate may be amended from time  to  time  by
the  director  of  the budget and a copy of each such amendment shall be
filed with the state comptroller, the chairman  of  the  senate  finance
committee and the chairman of the assembly ways and means committee.
  S 4. This act shall take effect immediately.