NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2228A
SPONSOR: Englebright TITLE OF BILL: An act to amend the parks, recreation and historic
preservation law, in relation to the reporting of alienation of munici-
pal parkland
PURPOSE OR GENERAL IDEA OF BILL:
Municipally owned parkland is vital to local communities. Once lost,
municipal parkland is difficult to recover. The alienation of municipal
parkland should be limited to instances of compelling public need where
no other alternative is available, and should be accompanied by replace-
ment parkland.
SUMMARY OF SPECIFIC PROVISIONS:
*Defines "municipal parkland," "municipal, parkland alienation," "muni-
cipality," and "parkland alienation legislation."
*Provides that any municipality that has received alienation authori-
zation through enactment of municipal parkland alienation legislation
shall submit a report to the Office of Parks, Recreation and Historic
Preservation.
*Provides for enforcement powers by the attorney general for violations
of this act by a municipality.
JUSTIFICATION:
For more than a century, New York courts have held that municipal park-
land is subject to a "public trust" for the benefit of the public. As a
result, courts have rules that municipal parkland may not be alienated
without prior enactment of state legislation authorizing such alien-
ation. This legislation seeks to codify reporting requirements to help
ensure that alienation legislation and the public trust doctrine is
properly followed.
Municipally owned parkland greatly enhances the quality of life, commu-
nity character, and economic vitality of communities throughout New York
State by providing healthy, affordable, and educational opportunities to
New Yorkers and tourists. Unfortunately, once lost municipal parkland is
difficult, if not impossible, to recover. Therefore, the alienation of
parkland should be limited to instances of compelling public need where
no other alternative is available and should be accompanied by replace-
ment parkland to be made available to the community.
PRIOR LEGISLATIVE HISTORY:
2013-14 A.10066 referred to local governments
FISCAL IMPLICATIONS:
None by the State.
EFFECTIVE DATE:
This act shall take effect on January 1, 2018.
STATE OF NEW YORK
________________________________________________________________________
2228--A
2015-2016 Regular Sessions
IN ASSEMBLY
January 15, 2015
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Local Governments -- recommitted to the Committee on
Local Governments in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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.
LBD04307-05-6
A. 2228--A 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. An attestation that the municipality has complied with all condi-
13 tions of the parkland alienation legislation, including the dedication
14 of any required replacement parkland or, in the case of utility ease-
15 ments, the dedication of funding for the acquisition of additional park-
16 land or capital improvements to existing parkland facilities; or
17 3. 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. The state commissioner of parks, recreation and historic preser-
38 vation is authorized to promulgate such guidelines and/or rules and
39 regulations as he or she deems necessary to implement the provisions of
40 this act on or before its effective date.
41 § 3. This act shall take effect January 1, 2018.
