§ 54-0303. Open space land conservation projects.

1. The commissioner and the commissioner of the office of parks,
recreation and historic preservation are authorized to undertake open
space land conservation projects.

2. a. The commissioner of the office of parks, recreation and historic
preservation may enter into an agreement for the maintenance and
operation of open space land conservation projects in urban areas or
metropolitan park projects by a municipality, or a not-for-profit
corporation or unincorporated association which demonstrates to the
commissioner's satisfaction that the future physical climate risk due to
sea level rise, and/or storm surges and/or flooding, based on available
data predicting the likelihood of future extreme weather events,
including hazard risk analysis data if applicable, has been considered
and the municipality, not-for-profit corporation or unincorporated
association is financially or otherwise capable of operating and
maintaining the project for the benefit of the public and of maximizing
public access to such project. Any such agreement shall contain such
provisions as shall be necessary to ensure that its operation and
maintenance are consistent with and in furtherance of this article and
shall be subject to the approval of the director of the budget, the
comptroller and, as to form, the attorney general.

b. The commissioner, pursuant to appropriation therefor and in order
to further the purposes of article forty-six of this chapter, may make
available to the Albany Pine Bush preserve commission, established by
article forty-six of this chapter, moneys for the operation of such
commission, including the management of lands under the jurisdiction of
such commission in accordance with a management plan prepared as
specified in section 46-0111 of this chapter.

3. The cost of an open space land conservation project shall include
the cost of preparation of a management plan for the preservation and
beneficial enjoyment of the land acquired except where such
considerations have already been undertaken as part of an existing plan
applicable to the newly acquired land.

4. To the fullest extent practicable, it is the policy of the state to
promote an equitable regional distribution of open space land
conservation funds, consistent with the purpose of this title, taking
into account regional differences in real property values, ecological
resources and recreational opportunities.

5. No project, which was not listed on the state land acquisition plan
as of the effective date of this title, shall be proposed for
acquisition by the state under this title, pursuant to the state land
acquisition plan, if any town, village or city within which such a
project is located, by resolution, within ninety days of notification by
the state of its interest in acquiring such project, objects to such
acquisition. Such objection shall be transmitted to the commissioner
through the regional land acquisition advisory committee and shall
prevent the state from undertaking such acquisition.

6. No monies shall be expended for acquisition by eminent domain of
any open space land conservation project except in accordance with the
state land acquisition policy set forth in section 49-0203 of this
chapter.

7. No monies shall be expended for open space land conservation
projects except pursuant to an appropriation therefor.