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

                                   805

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A. ENGLEBRIGHT, COLTON, JAFFEE, TITONE -- Multi-
  Sponsored by -- M. of A.  GALEF, GLICK, GOTTFRIED, 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
JUSTIFICATION  AND THE RATIONALE FOR SUCH PROPERTY ACQUISITION, NOTWITH-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04314-01-5
              

A. 805                              2

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.