S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1384
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2025
                                ___________
 
 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 THE COMMISSIONER HAS  NOT  ACQUIRED  THE  MINERAL
 RIGHTS  THERETO  IN  ANY  CASE IN WHICH THE COMMISSIONER FINDS THAT SUCH
 REAL PROPERTY 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03135-01-5
              

 S. 1384                             2
 
 ACQUISITION,  NOTWITHSTANDING  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  ENVIRON-
 MENTAL  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.