S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6076
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2025
                                ___________
 
 Introduced by M. of A. LEVENBERG, KELLES, COLTON, SIMONE, OTIS, SIMPSON,
   REYES,  STIRPE,  ROSENTHAL,  STERN,  JACOBSON, BORES, GANDOLFO, DURSO,
   BRABENEC -- read once and referred to the Committee  on  Environmental
   Conservation
 
 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] SUCH COMMISSIONER deems necessary for any of the purposes  or
 functions  of  the department, by purchase or as provided in the eminent
 domain procedure 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08474-01-5
              

 A. 6076                             2
 
 approved  by  the attorney general. THE ATTORNEY GENERAL MAY APPROVE ANY
 TITLE WHERE IT HAS DETERMINED THAT THE CURRENT OWNER CAN CONVEY MARKETA-
 BLE 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 18 to read as follows:
   18. 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.