S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7372--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 18, 2023
                                ___________
 
 Introduced  by  M. of A. THIELE, REYES, LEVENBERG, STIRPE, L. ROSENTHAL,
   KELLES, COLTON, SIMONE, STERN, DURSO, GANDOLFO, JACOBSON, OTIS -- read
   once and referred to the Committee on  Environmental  Conservation  --
   recommitted  to the Committee on Environmental Conservation in accord-
   ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the environmental conservation law,  the  parks,  recre-
   ation  and  historic  preservation  law,  and  the  executive  law, in
   relation to authorizing the attorney general to approve certain  state
   land acquisitions made for the purposes of land conservation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Legislative  intent.  The  legislature  hereby  finds  and
 declares  that  in order to achieve our state's land protection goals as
 promoted in the Climate Action Plan, the "30 by  30"  land  conservation
 law  (chapter  747  of  the  laws of 2022), and the financial commitment
 within the 2022 Bond Act, additional measures are needed  to  accelerate
 the  process  whereby  the state acquires land. Specifically, the review
 process by the attorney general's office can be streamlined by  enabling
 the  use  of  title insurance. This will also relieve land trusts of the
 financial burden of holding onto land, in trust, for years  at  a  time.
 Further,  it  will  reduce  the  backlog of pending acquisitions that is
 unnecessarily jeopardizing the solvency of many of these organizations.
   § 2. Subdivision 1 of section 3-0305 of the environmental conservation
 law, as added by chapter 727 of the laws of 1978, is amended to read  as
 follows:
   1. The commissioner when moneys therefor have been appropriated by the
 legislature  or  are  otherwise available, may acquire any real property
 which he OR SHE deems necessary for any of the purposes or functions  of
 the  department, by purchase or as provided in the eminent domain proce-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10532-03-3
              

 A. 7372--A                          2
 
 dure law. Title to such real property shall be taken in the name of  and
 be vested in the people of the state of New York. No real property shall
 be  so  acquired by purchase unless the title thereto is approved by the
 attorney  general.  THE  ATTORNEY GENERAL MAY APPROVE ANY TITLE WHERE IT
 HAS DETERMINED THAT THE CURRENT OWNER CAN CONVEY MARKETABLE TITLE TO THE
 REAL PROPERTY. THE  ATTORNEY  GENERAL  MAY  ACCEPT  FROM  ANY  REPUTABLE
 COMMERCIAL INSURER, A TITLE POLICY NAMING THE PEOPLE OF THE STATE OF NEW
 YORK AS INSURED, WITH SUCH POLICY TO COVER ANY TITLE DEFECTS WHICH WOULD
 OTHERWISE  RENDER  THE TITLE UNMARKETABLE. The terms "property" or "real
 property" as used in this section shall mean "real property" as  defined
 by section one hundred three of the eminent domain procedure law.
   §  3.  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. THE ATTORNEY GENERAL MAY APPROVE ANY  TITLE  WHERE  IT
 HAS DETERMINED THAT THE CURRENT OWNER CAN CONVEY MARKETABLE TITLE TO THE
 REAL  PROPERTY.  THE  ATTORNEY  GENERAL  MAY  ACCEPT  FROM ANY REPUTABLE
 COMMERCIAL INSURER, A TITLE POLICY NAMING THE PEOPLE OF THE STATE OF NEW
 YORK AS INSURED, WITH SUCH POLICY TO COVER ANY TITLE DEFECTS WHICH WOULD
 OTHERWISE RENDER THE TITLE UNMARKETABLE. 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.
   § 4. Section 63 of the executive law is amended by adding a new subdi-
 vision 17 to read as follows:
   17.  BE  AUTHORIZED TO APPROVE LAND ACQUISITIONS MADE BY THE STATE FOR
 CONSERVATION PURPOSES, IN ACCORDANCE WITH THE PROVISIONS OF  SUBDIVISION
 ONE OF SECTION 3-0305 OF THE ENVIRONMENTAL CONSERVATION LAW AND SUBDIVI-
 SION ONE OF SECTION 3.17 OF THE PARKS, RECREATION AND HISTORIC PRESERVA-
 TION LAW.
   § 5. This act shall take effect immediately.