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

                                 2228--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Local Governments --  recommitted  to  the  Committee  on
  Local  Governments  in  accordance  with  Assembly  Rule  3, sec. 2 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the parks, recreation and historic preservation law, in
  relation to the reporting of alienation of municipal parkland

  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 16 to read as follows:
                               ARTICLE 16
                      MUNICIPAL PARKLAND ALIENATION
SECTION 16.01 DEFINITIONS.
        16.03 PARKLAND ALIENATION REPORTING.
        16.05 PARKLAND ALIENATION ENFORCEMENT.
  S 16.01 DEFINITIONS. WHEN USED IN THIS ARTICLE:
  1. "MUNICIPAL PARKLAND" SHALL MEAN REAL PROPERTY OR INTERESTS  THEREIN
THAT  IS  OWNED BY A MUNICIPALITY THAT PROVIDES PUBLIC PARK, RECREATION,
OR OPEN SPACE PROTECTION PURPOSES. MUNICIPAL  PARKLAND  INCLUDES:  LANDS
THAT HAVE BEEN DEDICATED FOR SUCH PURPOSES BY THE MUNICIPALITY THROUGH A
FORMAL  RESOLUTION  OR SIMILAR ACTION; LANDS THAT HAVE BEEN PURCHASED OR
ACCEPTED FOR SUCH PURPOSES; OR LANDS THAT CURRENTLY OR HISTORICALLY HAVE
BEEN AVAILABLE TO AND USED BY THE PUBLIC FOR SUCH PURPOSES.
  2. "MUNICIPAL PARKLAND ALIENATION" SHALL MEAN ANY ACTION BY A  MUNICI-
PALITY TO SELL, LEASE, DISCONTINUE, OR CHANGE THE USE OF MUNICIPAL PARK-
LAND.
  3.  "MUNICIPALITY"  SHALL  MEAN  A  COUNTY, TOWN, CITY, OR VILLAGE. IT
SHALL ALSO MEAN A SCHOOL DISTRICT  OR  OTHER  POLITICAL  SUBDIVISION  IN
INSTANCES  WHERE SUCH ENTITY HAS OBTAINED STATE OR FEDERAL GRANT FUNDING
FOR THE CREATION OF MUNICIPAL PARKLAND.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04307-05-6
              

A. 2228--A                          2

  4. "PARKLAND ALIENATION LEGISLATION" SHALL MEAN LEGISLATION INTRODUCED
IN THE STATE LEGISLATURE AUTHORIZING A MUNICIPALITY TO ALIENATE PARKLAND
UNDER ITS JURISDICTION.
  S  16.03  PARKLAND  ALIENATION  REPORTING.  ANY  MUNICIPALITY THAT HAS
RECEIVED ALIENATION AUTHORIZATION THROUGH ENACTMENT OF  MUNICIPAL  PARK-
LAND ALIENATION LEGISLATION SHALL SUBMIT A REPORT TO THE OFFICE NO LATER
THAN  DECEMBER THIRTY-FIRST OF THE CALENDAR YEAR FOLLOWING THE ENACTMENT
OF THE LEGISLATION. SUCH REPORT SHALL BE SIGNED  BY  THE  MUNICIPALITY'S
CHIEF EXECUTIVE OFFICER AND SHALL INCLUDE:
  1.  A  NARRATIVE  DESCRIPTION OF THE STATUS OF THE PARKLAND ALIENATION
ACTIONS AUTHORIZED AND REQUIRED IN THE LEGISLATION; AND
  2. AN ATTESTATION THAT THE MUNICIPALITY HAS COMPLIED WITH  ALL  CONDI-
TIONS  OF  THE PARKLAND ALIENATION LEGISLATION, INCLUDING THE DEDICATION
OF ANY REQUIRED REPLACEMENT PARKLAND OR, IN THE CASE  OF  UTILITY  EASE-
MENTS, THE DEDICATION OF FUNDING FOR THE ACQUISITION OF ADDITIONAL PARK-
LAND OR CAPITAL IMPROVEMENTS TO EXISTING PARKLAND FACILITIES; OR
  3.  IN  THE EVENT THAT ANY CONDITION OF THE PARKLAND ALIENATION LEGIS-
LATION HAS NOT BEEN FULLY COMPLIED WITH, THE MUNICIPALITY SHALL  PROVIDE
THE  OFFICE  WITH  AN INTERIM REPORT DETAILING THE STATUS OF ITS ACTIONS
AND AN EXPLANATION AS TO WHY CERTAIN CONDITIONS HAVE NOT BEEN MET, ALONG
WITH THE ANTICIPATED DATE BY WHICH SUCH  CONDITIONS  WILL  BE  MET.  THE
MUNICIPALITY  SHALL CONTINUE TO FILE INTERIM REPORTS ANNUALLY UNTIL SUCH
TIME AS THE CONDITIONS HAVE BEEN  MET  AND  A  FINAL  REPORT  IS  FILED.
UNLESS  A LONGER TIME PERIOD IS SPECIFIED IN THE LEGISLATION AUTHORIZING
THE ALIENATION, IF THE CONDITIONS OF THE ALIENATION HAVE NOT BEEN MET BY
DECEMBER THIRTY-FIRST OF THE THIRD CALENDAR YEAR FOLLOWING THE ENACTMENT
OF PARKLAND ALIENATION LEGISLATION, THE MUNICIPALITY SHALL BE SUBJECT TO
ENFORCEMENT PURSUANT TO SECTION 16.05 OF THIS ARTICLE.
  S 16.05 PARKLAND ALIENATION  ENFORCEMENT.  AN  ACTION  FOR  INJUNCTIVE
RELIEF  AS PROVIDED IN THIS SECTION AGAINST A MUNICIPALITY VIOLATING ANY
PROVISION OF THIS ARTICLE MAY BE BROUGHT BY THE  ATTORNEY  GENERAL  UPON
REFERRAL  BY  THE  OFFICE  OR UPON HIS OR HER OWN INITIATIVE.  A MUNICI-
PALITY MAY BE ENJOINED FROM ALIENATING PARKLAND WHERE  IT  ACTS  OR  HAS
ACTED  IN FURTHERANCE OF PARKLAND ALIENATION WITHOUT COMPLIANCE WITH THE
REQUIREMENTS OF THIS ARTICLE, INCLUDING REPORTING REQUIREMENTS AND PARK-
LAND ALIENATION LEGISLATION REQUIREMENTS.
  S 2. The state commissioner of parks, recreation and historic  preser-
vation  is  authorized  to  promulgate  such guidelines and/or rules and
regulations as he or she deems necessary to implement the provisions  of
this act on or before its effective date.
  S 3. This act shall take effect January 1, 2018.