Bill Text: NY S00252 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the reporting of alienation of municipal parkland.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2024-04-04 - referred to local governments [S00252 Detail]

Download: New_York-2023-S00252-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           252

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by Sens. SERRANO, HINCHEY, HOYLMAN -- 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 the reporting of alienation of municipal parkland

          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 16 to read as follows:
     3                                 ARTICLE 16
     4                        MUNICIPAL PARKLAND ALIENATION
     5  Section 16.01 Definitions.
     6          16.03 Parkland alienation reporting.
     7          16.05 Parkland alienation enforcement.
     8    § 16.01 Definitions. When used in this article:
     9    1.  "Municipal parkland" shall mean real property or interests therein
    10  that is owned by a municipality that provides public  park,  recreation,
    11  or  open  space  protection purposes. Municipal parkland includes: lands
    12  that have been dedicated for such purposes by the municipality through a
    13  formal resolution or similar action; lands that have been  purchased  or
    14  accepted for such purposes; or lands that currently or historically have
    15  been available to and used by the public for such purposes.
    16    2.  "Municipal parkland alienation" shall mean any action by a munici-
    17  pality to sell, lease, discontinue, or change the use of municipal park-
    18  land.
    19    3. "Municipality" shall mean a county,  town,  city,  or  village.  It
    20  shall  also  mean  a  school  district or other political subdivision in
    21  instances where such entity has obtained state or federal grant  funding
    22  for the creation of municipal parkland.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01199-02-3
        S. 252                              2

     1    4. "Parkland alienation legislation" shall mean legislation introduced
     2  in the state legislature authorizing a municipality to alienate parkland
     3  under its jurisdiction.
     4    §  16.03  Parkland  alienation  reporting.  Any  municipality that has
     5  received alienation authorization through enactment of  municipal  park-
     6  land alienation legislation shall submit a report to the office no later
     7  than  December thirty-first of the calendar year following the enactment
     8  of the legislation. Such report shall be signed  by  the  municipality's
     9  chief executive officer and shall include:
    10    1.  A  narrative  description of the status of the parkland alienation
    11  actions authorized and required in the legislation; and
    12    2. (a) An attestation that the  municipality  has  complied  with  all
    13  conditions  of  the parkland alienation legislation, including the dedi-
    14  cation of any required replacement parkland or, in the case  of  utility
    15  easements,  the  dedication of funding for the acquisition of additional
    16  parkland or capital improvements to existing parkland facilities; or
    17    (b) In the event that any condition of the parkland alienation  legis-
    18  lation  has not been fully complied with, the municipality shall provide
    19  the office with an interim report detailing the status  of  its  actions
    20  and an explanation as to why certain conditions have not been met, along
    21  with  the  anticipated  date  by  which such conditions will be met. The
    22  municipality shall continue to file interim reports annually until  such
    23  time  as  the  conditions  have  been  met  and a final report is filed.
    24  Unless a longer time period is specified in the legislation  authorizing
    25  the alienation, if the conditions of the alienation have not been met by
    26  December thirty-first of the third calendar year following the enactment
    27  of parkland alienation legislation, the municipality shall be subject to
    28  enforcement pursuant to section 16.05 of this article.
    29    §  16.05  Parkland  alienation  enforcement.  An action for injunctive
    30  relief as provided in this section against a municipality violating  any
    31  provision  of  this  article may be brought by the attorney general upon
    32  referral by the office or upon his or her own  initiative.    A  munici-
    33  pality  may  be  enjoined  from alienating parkland where it acts or has
    34  acted in furtherance of parkland alienation without compliance with  the
    35  requirements of this article, including reporting requirements and park-
    36  land alienation legislation requirements.
    37    §  2. This act shall take effect on the first of January next succeed-
    38  ing the date on which it shall have become a law.  Effective immediately
    39  the addition, amendment and/or repeal of any rule or  regulation  neces-
    40  sary  for  the  implementation  of  this  act  on its effective date are
    41  authorized to be made and completed on or before such date.