Bill Text: NY A03920 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the parks, recreation and historic preservation law and the state finance law, in relation to providing for the establishment of the urban open space program and establishing the urban open space program fund; and making an appropriation therefor
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-06-03 - held for consideration in tourism, arts and sports development [A03920 Detail]
Download: New_York-2009-A03920-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3920
2009-2010 Regular Sessions
I N A S S E M B L Y
January 29, 2009
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Tourism, Arts and Sports Development
AN ACT to amend the parks, recreation and historic preservation law and
the state finance law, in relation to providing for the establishment
of the urban open space program and establishing the urban open space
program fund; and making an appropriation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The parks, recreation and historic preservation law is
2 amended by adding a new article 18 to read as follows:
3 ARTICLE 18
4 URBAN OPEN SPACE PROGRAM
5 SECTION 18.01 URBAN OPEN SPACE PROGRAM.
6 S 18.01 URBAN OPEN SPACE PROGRAM. 1. THE COMMISSIONER SHALL ESTABLISH
7 WITHIN THE OFFICE AN URBAN OPEN SPACE PROGRAM (HEREINAFTER REFERRED TO
8 IN THIS SECTION AS "UOS PROGRAM" OR "PROGRAM"). THE PURPOSE OF THE UOS
9 PROGRAM SHALL BE TO PROVIDE FOR THE ACQUISITION, CREATION, ESTABLISH-
10 MENT, EXPANSION, IMPROVEMENT, CONSERVATION AND PROTECTION OF OPEN SPACE
11 AREAS IN CITIES. THE PURPOSE OF SUCH OPEN SPACE AREAS SHALL BE TO
12 ENHANCE THE URBAN ENVIRONMENT, THEREBY PROMOTING THE HEALTH, SAFETY AND
13 WELFARE OF THE PEOPLE OF THE STATE IN A VARIETY OF WAYS, SUCH AS:
14 REDUCTION OF AIR POLLUTION, REDUCTION OF NOISE POLLUTION, MODIFICATION
15 OF EXTREMES OF TEMPERATURE THEREBY REDUCING THE AMOUNT OF ENERGY
16 CONSUMED IN HEATING AND COOLING MANY URBAN BUILDINGS AND HOMES, ASSIST-
17 ING IN WATERSHED MANAGEMENT, PROVIDING HABITATS FOR DESIRABLE URBAN
18 VEGETATION AND WILDLIFE, PROVISION OF SHADE, PRESERVATION OF NATURAL
19 RESOURCES, ENHANCEMENT OF REAL ESTATE VALUES AND BEAUTIFICATION OF URBAN
20 AREAS THROUGHOUT THE STATE.
21 2. THE UOS PROGRAM SHALL INCLUDE, BUT NOT BE LIMITED TO:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05919-01-9
A. 3920 2
1 (A) ACQUISITION, CREATION, ESTABLISHMENT, EXPANSION, IMPROVEMENT,
2 CONSERVATION AND PROTECTION OF OPEN SPACE AREAS IN CITIES BY THE OFFICE
3 FOR UOS PROGRAM PURPOSES; AND
4 (B) STATE AID TO CITIES FOR THE ACQUISITION, CREATION, ESTABLISHMENT,
5 EXPANSION, IMPROVEMENT, CONSERVATION AND PROTECTION OF OPEN SPACE AREAS
6 IN CITIES BY CITIES FOR UOS PROGRAM PURPOSES.
7 3. (A) REAL PROPERTY ACQUIRED BY THE OFFICE SHALL BE ACQUIRED PURSUANT
8 TO SECTIONS 3.17 AND 3.19 OF THIS CHAPTER, AFTER CONSULTATION WITH THE
9 STATE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL AND THE COMMISSIONER
10 OF ENVIRONMENTAL CONSERVATION. MONEYS TO BE EXPENDED FOR THE COST OF
11 SUCH ACQUISITION SHALL BE PAID ON THE AUDIT AND WARRANT OF THE STATE
12 COMPTROLLER ON THE CERTIFICATE OF THE COMMISSIONER.
13 (B)(I) NO REAL PROPERTY SHALL BE ACQUIRED BY A CITY PURSUANT TO THIS
14 SECTION UNLESS SUCH ACQUISITION SHALL HAVE BEEN APPROVED BY THE COMMIS-
15 SIONER, AFTER CONSULTATION WITH THE STATE COMMISSIONER OF HOUSING AND
16 COMMUNITY RENEWAL AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION.
17 (II) THE STATE SHARE OF THE COST OF SUCH ACQUISITION SHALL BE PAID ON
18 THE AUDIT AND WARRANT OF THE STATE COMPTROLLER ON THE CERTIFICATE OF THE
19 COMMISSIONER. (III) IN THE EVENT THAT A CITY SHALL FAIL TO PAY ITS
20 SHARE, AS DETERMINED BY THE COMMISSIONER, OF THE COST OF SUCH ACQUISI-
21 TION WITHIN SIX MONTHS OF THE CERTIFICATION TO THE CITY BY THE STATE
22 COMPTROLLER OF THE AMOUNT OF SUCH COST, THE STATE COMPTROLLER SHALL
23 CAUSE TO BE WITHHELD FROM THE STATE ASSISTANCE FUNDS TO WHICH SUCH CITY
24 WOULD OTHERWISE BE ENTITLED, A SUM SUFFICIENT TO REIMBURSE THE STATE FOR
25 ANY AMOUNT REMAINING UNPAID, TOGETHER WITH INTEREST ON ANY SUCH UNPAID
26 AMOUNT AT THE RATE OF THREE PERCENT PER ANNUM FROM THE DATE OF SUCH
27 CERTIFICATION. MONEYS SO WITHHELD SHALL BE CREDITED AGAINST THE AMOUNT
28 OF PRINCIPAL AND INTEREST PAYABLE BY SUCH CITY FOR ITS SHARE OF THE COST
29 OF ACQUISITION OF SUCH REAL PROPERTY. (IV) FOR THE PURPOSE OF COMPUTING
30 THE GRANT OF AID MADE BY THE OFFICE TO A CITY TO ASSIST IN PAYING FOR
31 THE COST OF ACQUIRING REAL PROPERTY PURSUANT TO THIS SECTION, THE COST
32 OF ACQUISITION SHALL NOT BE MORE THAN THE AMOUNT SET FORTH IN THE APPLI-
33 CATION FOR STATE AID MADE BY THE CITY AND APPROVED BY THE COMMISSIONER,
34 PLUS ANY DIRECT INCIDENTAL COSTS APPROVED BY THE COMPTROLLER. (V) A
35 CITY WHICH ACQUIRES REAL PROPERTY WITH FUNDS MADE AVAILABLE PURSUANT TO
36 THIS SECTION MAY ESTABLISH REASONABLE RULES AND REGULATIONS TO ENSURE
37 PROPER ADMINISTRATION, MAINTENANCE, USE AND PROTECTION OF SUCH LANDS,
38 PROVIDED THAT NO RULE OR REGULATION RESTRICTING THE USE OF SUCH PROPERTY
39 TO THE RESIDENTS OF THE CITY SHALL BE EFFECTIVE WITHOUT THE EXPRESS
40 APPROVAL OF THE COMMISSIONER.
41 (C) REAL PROPERTY ACQUIRED BY THE OFFICE PURSUANT TO THIS SECTION OR
42 BY A CITY WITH THE AID OF FUNDS MADE AVAILABLE PURSUANT TO THIS SECTION,
43 SHALL BE RETAINED BY THE OFFICE OR CITY, AS THE CASE MAY BE, AND SHALL
44 NOT BE DISPOSED OF OR USED FOR OTHER THAN URBAN OPEN SPACE PURPOSES AS
45 SET FORTH IN THIS SECTION WITHOUT THE EXPRESS AUTHORITY OF AN ACT OF THE
46 LEGISLATURE.
47 4. IN IMPLEMENTING, MANAGING AND ADMINISTERING THE URBAN OPEN SPACE
48 PROGRAM PURSUANT TO THE PROVISIONS OF THIS SECTION, THE COMMISSIONER MAY
49 PERFORM SUCH ACTS AND PROMULGATE SUCH RULES AND REGULATIONS AS HE OR SHE
50 DEEMS NECESSARY, PROPER OR DESIRABLE TO CARRY OUT THE PURPOSES OF THIS
51 SECTION. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE COMMISSIONER'S
52 CONSULTATION WITH THE STATE COMMISSIONER OF HOUSING AND COMMUNITY
53 RENEWAL AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION. PROVIDED
54 FURTHER THAT THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS
55 CONCERNING THE STANDARDS FOR THE ELIGIBILITY OF A CITY FOR STATE AID
A. 3920 3
1 PURSUANT TO THIS SECTION AND THE FORM FOR APPLICATIONS FOR SUCH STATE
2 AID.
3 S 2. The state finance law is amended by adding a new section 97-jjjj
4 to read as follows:
5 S 97-JJJJ. URBAN OPEN SPACE PROGRAM FUND. 1. THERE IS HEREBY ESTAB-
6 LISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF
7 THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION A SPECIAL FUND
8 TO BE KNOWN AS THE "URBAN OPEN SPACE PROGRAM FUND".
9 2. SUCH FUND SHALL CONSIST OF ALL MONEYS CREDITED OR APPROPRIATED FOR
10 TRANSFER THERETO FROM ANY SOURCE ACCORDING TO LAW.
11 3. MONEYS OF THE FUND SHALL BE AVAILABLE ONLY FOR THE PAYMENT OF COSTS
12 ASSOCIATED WITH THE IMPLEMENTATION, MANAGEMENT AND ADMINISTRATION OF THE
13 URBAN OPEN SPACE PROGRAM ESTABLISHED PURSUANT TO ARTICLE EIGHTEEN OF THE
14 PARKS, RECREATION AND HISTORIC PRESERVATION LAW, INCLUDING THE PAYMENT
15 OF STATE AID PURSUANT TO THE PROVISIONS OF SUCH ARTICLE.
16 4. MONEYS OF THE FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMIN-
17 GLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE COMPTROLLER. ANY SUCH
18 MONEYS IN THE FUND MAY, IN THE DISCRETION OF THE COMPTROLLER, BE
19 INVESTED IN OBLIGATIONS IN WHICH THE COMPTROLLER IS AUTHORIZED TO INVEST
20 PURSUANT TO SECTION NINETY-EIGHT-A OF THIS ARTICLE. ANY INCOME OR INTER-
21 EST FROM SUCH INVESTMENT SHALL BE CREDITED TO SUCH FUND.
22 5. ALL PAYMENTS OF MONEYS FROM THE FUND SHALL BE MADE ON THE AUDIT AND
23 WARRANT OF THE COMPTROLLER.
24 S 3. The sum of ten million dollars ($10,000,000), or so much thereof
25 as may be necessary, is hereby appropriated to the urban open space
26 program fund from any moneys in the state treasury in the general fund
27 to the credit of the state purposes account not otherwise appropriated
28 for services and expenses of the office of parks, recreation and histor-
29 ic preservation for the purposes of carrying out the provisions of this
30 act. Such sum shall be payable on the audit and warrant of the state
31 comptroller on vouchers certified or approved by the commissioner of the
32 office of parks, recreation and historic preservation, or his duly
33 designated representative in the manner provided by law. No expenditure
34 shall be made from this appropriation until a certificate of approval of
35 availability shall have been issued by the director of the budget and
36 filed with the state comptroller and a copy filed with the chairman of
37 the senate finance committee and the chairman of the assembly ways and
38 means committee. Such certificate may be amended from time to time by
39 the director of the budget and a copy of each such amendment shall be
40 filed with the state comptroller, the chairman of the senate finance
41 committee and the chairman of the assembly ways and means committee.
42 S 4. This act shall take effect immediately.
