NY State Senate Bill 2017-S3439

Senate Bill S3439

2017-2018 Legislative Session

Requires the commissioner of parks, recreation and historic preservation to acquire the mineral interests under all land acquired or received by him or her

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Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to cultural affairs, tourism, parks and recreation
Jan 23, 2017	referred to cultural affairs, tourism, parks and recreation

co-Sponsors

2017-S3439 (ACTIVE) - Details

Current Committee:: Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Amd §3.17, Pks & Rec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7892
2011-2012: S2748
2013-2014: S917
2015-2016: S1007
2019-2020: S2940
2021-2022: S1430
2023-2024: S1519

2017-S3439 (ACTIVE) - Summary

Requires the commissioner of parks, recreation and historic preservation to acquire the mineral interests under all land acquired or received by the state for the office of parks, recreation and historic preservation, unless the commissioner of parks, recreation and historic preservation finds that the land is of great significance and importance to the state.

2017-S3439 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3439

 TITLE OF BILL :

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

 PURPOSE OF THE BILL :

The purpose of the bill is to ensure that OPRHP acquires the minerals
rights when acquiring property for state park, historic preservation
and other uses under its jurisdiction. The bill provides for certain
exceptions for lands of great significance and importance.

 SUMMARY OF PROVISIONS :

The bill amends Section 3.17, Subdivision 1 of the Parks, Recreation
and Historic preservation Law, to require that real property acquired,
received, held or administered by the OPRHP commissioner include the
mineral rights on and under such lands. The bill does allow
acquisition and acceptance of lands of great significant and
importance without the mineral rights. Such acquisitions or
acceptances would be subject to an analytical report prepared by
OPRHP, that justifies and provides the rationale for such acquisition"

including but not limited to a description of the property, the
significance and importance of the land to the state, and the economic
benefits and impacts and local impacts of acquiring such property.
ORPHP would be required to hold one or more public hearings, including
at least one in the impacted area, and to publish such actions in the
Environmental Notice Bulletin at least one month prior to the hearing.

 JUSTIFICATION :

In the past, OPRHP has acquired or accepted lands for state park
purposes without acquiring the mineral rights on or under such lands.
These mineral rights can be utilized, for example, for extraction of
materials such as oil and gas. Such activities can have a significant
adverse affect on the dedicated use of the lands (e.g. parks, historic
sites, etc.) and are inconsistent with the dedicated purpose of the
lands. This bill seeks to correct such problems by limiting future
acquisitions to those which include mineral rights on or under the
lands. An exception is provided for lands for great significance and
importance, in which case the acquisition/acceptance would be subject
to an in-depth analysis and report of potential impacts by OPRHP and
public review.

 PRIOR LEGISLATIVE HISTORY :

2009/2010: Senate Reported and Committed to Finance. Assembly Referred
to Environmental Conservation.
2011/2012: S.2748 Referred to Cultural Affairs, Tourism, Parks &
Recreation
2013/2014: S.917 Referred to Cultural Affairs, Tourism, Parks &
Recreation
2015/2016: S.1007 - Referred to Cultural Affairs, Tourism, Parks &
Recreation

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

The bill may have some effect on the cost of acquiring lands for the
State Parks system, historic sites and other facilities administered
by OPRHP.


There would be costs associated with the preparation of the report and
the public hearings.

 EFFECTIVE DATE :
This act would take effect immediately and apply to real property
acquired or received on or after such date.

2017-S3439 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3439
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 Introduced  by Sens. SERRANO, KRUEGER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Cultural Affairs,
   Tourism, Parks and Recreation
 
 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.

                                                            LBD08505-01-7

 S. 3439                             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.
   § 2. This act shall take effect immediately and shall  apply  to  real
 property acquired or received on or after such date.

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Senate Bill S3439

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Sponsored By

Jose M. Serrano