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A05836 Summary:

BILL NO    A05836A

SAME AS    SAME AS S00928

SPONSOR    Englebright (MS)

COSPNSR    Gottfried, Glick, Lifton, Colton, Jaffee, Millman, Dinowitz, Weprin,
           Hooper, Schimel

MLTSPNSR   Markey

Add Art 16 SS16.01 - 16.15, Pks & Rec L

Provides for a review process of proposals to alienate municipal parkland.
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A05836 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        5836--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                     March 7, 2013
                                      ___________

       Introduced  by  M.  of A. ENGLEBRIGHT, GOTTFRIED, MAISEL, GLICK, LIFTON,
         COLTON, JAFFEE, MILLMAN, CASTRO, DINOWITZ, WEPRIN, HOOPER, SCHIMEL  --
         Multi-Sponsored by -- M. of A. BARRON, GIBSON, MARKEY -- read once and
         referred   to   the   Committee  on  Local  Governments  --  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  providing  for a review process of proposals to alienate
         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 DECLARATION OF POLICY.
    6          16.03 DEFINITIONS.
    7          16.05 MUNICIPAL PARKLAND ALIENATION.
    8          16.07 PARKLAND ALIENATION PROPOSAL REVIEW.
    9          16.09 PARKLAND ALIENATION REPORTING.
   10          16.11 PARKLAND ALIENATION ENFORCEMENT.
   11          16.13 STATE AUDITS.
   12          16.15 PUBLIC TRUST DOCTRINE NOT AFFECTED.
   13    S 16.01 DECLARATION OF POLICY. THE LEGISLATURE FINDS AND DECLARES THAT
   14  MUNICIPALLY OWNED PARKLAND ENHANCES THE QUALITY OF LIFE, COMMUNITY CHAR-
   15  ACTER, AND ECONOMIC VITALITY OF LOCAL COMMUNITIES AND  PROVIDES  HEALTHY
   16  AND  AFFORDABLE  RECREATIONAL  AND EDUCATIONAL OPPORTUNITIES TO NEW YORK
   17  STATE RESIDENTS AND VISITORS.  ONCE LOST, MUNICIPAL PARKLAND  IS  DIFFI-
   18  CULT  TO  RECOVER.  ACCORDINGLY,  THE  DISCONTINUATION  OR ALIENATION OF
   19  MUNICIPAL PARKLAND SHOULD BE ACCOMPANIED BY REPLACEMENT WITH  COMPARABLE
   20  PARKLAND TO BE AVAILABLE TO THE COMMUNITY AND RESIDENTS OF THE STATE.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00570-03-3
       A. 5836--A                          2

    1    NEW  YORK  STATE  COURTS  HAVE  LONG  HELD  THAT MUNICIPAL PARKLAND IS
    2  SUBJECT TO A "PUBLIC TRUST" FOR THE BENEFIT OF THE PUBLIC. FOR MORE THAN
    3  A CENTURY, NEW YORK STATE COURTS HAVE UPHELD THE REQUIREMENT THAT MUNIC-
    4  IPAL PARKLAND MAY NOT BE ALIENATED  WITHOUT  PRIOR  ENACTMENT  OF  STATE
    5  LEGISLATION  AUTHORIZING  SUCH ALIENATION.  THIS BODY OF LAW IS COMMONLY
    6  REFERRED TO AS THE "PUBLIC TRUST DOCTRINE".
    7    WITHOUT LIMITING OR RESTRICTING EXISTING "PUBLIC TRUST  DOCTRINE,"  IT
    8  IS HEREBY DECLARED TO BE THE PUBLIC POLICY AND IN THE PUBLIC INTEREST OF
    9  THIS  STATE  TO  PROVIDE FOR A COMPREHENSIVE PROGRAM ADMINISTERED BY THE
   10  OFFICE TO REVIEW PROPOSALS TO ALIENATE MUNICIPAL PARKLAND  IN  ORDER  TO
   11  PROMOTE  THE  USE, PROTECTION, AND MAINTENANCE OF MUNICIPAL PARKLAND FOR
   12  THE ENJOYMENT, WELFARE, RECREATION, PROSPERITY, AND  ENRICHMENT  OF  THE
   13  PEOPLE OF THE STATE OF NEW YORK.
   14    S 16.03 DEFINITIONS. WHEN USED IN THIS ARTICLE:
   15    1.  "MUNICIPAL PARKLAND" SHALL MEAN REAL PROPERTY OR INTERESTS THEREIN
   16  THAT IS OWNED BY A MUNICIPALITY THAT PROVIDES PUBLIC  PARK,  RECREATION,
   17  OR  OPEN  SPACE  PROTECTION PURPOSES. MUNICIPAL PARKLAND INCLUDES: LANDS
   18  THAT HAVE BEEN DEDICATED FOR SUCH PURPOSES BY THE MUNICIPALITY THROUGH A
   19  FORMAL RESOLUTION OR SIMILAR ACTION; LANDS THAT HAVE BEEN  PURCHASED  OR
   20  ACCEPTED FOR SUCH PURPOSES; OR LANDS THAT CURRENTLY OR HISTORICALLY HAVE
   21  BEEN AVAILABLE TO AND USED BY THE PUBLIC FOR SUCH PURPOSES.
   22    2.  "MUNICIPAL PARKLAND ALIENATION" SHALL MEAN ANY ACTION BY A MUNICI-
   23  PALITY TO SELL, LEASE, DISCONTINUE, OR CHANGE THE USE OF MUNICIPAL PARK-
   24  LAND.
   25    3. "MUNICIPALITY" SHALL MEAN A COUNTY,  TOWN,  CITY,  OR  VILLAGE.  IT
   26  SHALL  ALSO  MEAN  A  SCHOOL  DISTRICT OR OTHER POLITICAL SUBDIVISION IN
   27  INSTANCES WHERE SUCH ENTITY HAS OBTAINED STATE OR FEDERAL GRANT  FUNDING
   28  FOR THE CREATION OF MUNICIPAL PARKLAND.
   29    4. "PARKLAND ALIENATION LEGISLATION" SHALL MEAN LEGISLATION INTRODUCED
   30  IN THE STATE LEGISLATURE AUTHORIZING A MUNICIPALITY TO ALIENATE PARKLAND
   31  UNDER ITS JURISDICTION.
   32    5. "STATE OR FEDERAL GRANT FUNDING" SHALL INCLUDE BUT IS NOT NECESSAR-
   33  ILY  LIMITED TO:   GRANTS PROVIDED PURSUANT TO THE STATE PARK AND RECRE-
   34  ATION LAND ACQUISITION BOND ACTS OF 1960 AND 1965,  THE  OUTDOOR  RECRE-
   35  ATION  DEVELOPMENT  BOND ACT OF 1965, THE ENVIRONMENTAL QUALITY BOND ACT
   36  OF 1986,  THE  ENVIRONMENTAL  PROTECTION  ACT  OF  1993  AND  THE  CLEAN
   37  WATER/CLEAN AIR BOND ACT OF 1996; FUNDS PROVIDED THROUGH STATE APPROPRI-
   38  ATION  OR GRANT PROGRAMS FOR PARKLAND PURPOSES; AND THE FEDERAL LAND AND
   39  WATER CONSERVATION FUND AND  THE  URBAN  PARK  AND  RECREATION  RECOVERY
   40  PROGRAM.
   41    6. "PUBLIC TRUST DOCTRINE" SHALL MEAN THE BODY OF STATE JUDICIAL COURT
   42  DECISIONS  THAT  HOLD  THAT  MUNICIPAL PARKLAND, AND SOME OTHER PUBLICLY
   43  HELD LANDS, ARE HELD IN TRUST FOR THE BENEFIT OF THE PUBLIC  AND  CANNOT
   44  BE USED FOR ANY OTHER PURPOSE WITHOUT LEGISLATIVE AUTHORIZATION.
   45    S  16.05 MUNICIPAL PARKLAND ALIENATION. NO MUNICIPALITY SHALL ALIENATE
   46  MUNICIPAL PARKLAND UNLESS IT HAS RECEIVED  PRIOR  AUTHORIZATION  THROUGH
   47  THE  ENACTMENT  BY THE LEGISLATURE AND APPROVAL BY THE GOVERNOR OF PARK-
   48  LAND ALIENATION LEGISLATION. ALL SUCH LEGISLATION SHALL  INCLUDE,  AT  A
   49  MINIMUM, THE FOLLOWING ELEMENTS:
   50    1. THE LEGISLATION SHALL INCLUDE A DESCRIPTION OF THE PARCEL OF MUNIC-
   51  IPAL  PARKLAND  PROPOSED  TO  BE  ALIENATED INCLUDING A FORMAL METES AND
   52  BOUNDS DESCRIPTION AND THE TOTAL ACREAGE BEING ALIENATED.
   53    2. EXCEPT AS PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION, MUNIC-
   54  IPAL PARKLAND ALIENATION LEGISLATION SHALL INCLUDE  A  REQUIREMENT  THAT
   55  THE MUNICIPALITY ACQUIRE AND DEDICATE REPLACEMENT PARKLAND. THE REPLACE-
   56  MENT PARKLAND MUST BE OF EQUAL OR GREATER ACREAGE, EQUAL OR GREATER FAIR
       A. 5836--A                          3

    1  MARKET  VALUE,  AND  EQUAL  OR  GREATER RECREATIONAL USEFULNESS THAN THE
    2  EXISTING PARKLAND THAT IS AUTHORIZED FOR ALIENATION.    THE  LEGISLATION
    3  SHALL  INCLUDE A GENERAL DESCRIPTION OF THE REPLACEMENT PARKLAND INCLUD-
    4  ING  A  FORMAL METES AND BOUNDS DESCRIPTION AND THE TOTAL ACREAGE OF THE
    5  REPLACEMENT PARCEL. THE LEGISLATION SHALL  ALSO  INCLUDE  A  REQUIREMENT
    6  THAT THE AUTHORIZATION TO ALIENATE EXISTING MUNICIPAL PARKLAND SHALL NOT
    7  BECOME EFFECTIVE UNTIL THE MUNICIPALITY HAS FIRST ACQUIRED AND DEDICATED
    8  REPLACEMENT PARKLAND.
    9    3.  ACQUISITION  AND  DEDICATION  OF REPLACEMENT PARKLAND SHALL NOT BE
   10  REQUIRED BY SUCH LEGISLATION IN THE FOLLOWING INSTANCES ONLY:
   11    (A) IN THE CASE OF MUNICIPAL PARKLAND BEING ALIENATED FOR PURPOSES  OF
   12  AN  EASEMENT  FOR A UTILITY, THE LEGISLATION SHALL INCLUDE A REQUIREMENT
   13  THAT THE MUNICIPALITY DEDICATE THE FAIR MARKET VALUE OF THE EASEMENT FOR
   14  THE ACQUISITION OF ADDITIONAL PARKLAND OR CAPITAL IMPROVEMENTS TO EXIST-
   15  ING PARKLAND FACILITIES. THE LEGISLATION SHALL ALSO REQUIRE THAT SURFACE
   16  DISTURBANCES TO PARKLAND BE RESTORED AND THAT, ONCE RESTORED,  THE  LAND
   17  CONTINUE TO BE USED FOR PARKLAND PURPOSES.
   18    (B)  IN THE CASE OF MUNICIPAL PARKLAND BEING ALIENATED THROUGH A LEASE
   19  AUTHORIZING A NON-MUNICIPAL ENTITY TO CONSTRUCT OR OPERATE A PARK-RELAT-
   20  ED FACILITY WITHIN MUNICIPAL PARKLAND,  THE  LEGISLATION  SHALL  REQUIRE
   21  THAT  SUCH  FACILITY CONTINUE TO PROVIDE SUFFICIENT PUBLIC BENEFIT TO BE
   22  CONSIDERED A PUBLIC FACILITY; PROVIDED THAT LEGISLATION AUTHORIZING  ANY
   23  LEASE  FOR  A  NON-PARK-RELATED  FACILITY  OR USE, OR FOR A PARK-RELATED
   24  FACILITY WITH INSUFFICIENT PUBLIC BENEFIT  TO  BE  CONSIDERED  A  PUBLIC
   25  FACILITY, SHALL REQUIRE REPLACEMENT PARKLAND.
   26    4.  ALL SUCH LEGISLATION SHALL INCLUDE THE FOLLOWING LANGUAGE: "IF THE
   27  PARKLAND THAT IS THE SUBJECT OF THIS LEGISLATION  HAS  RECEIVED  FUNDING
   28  PURSUANT TO THE FEDERAL LAND AND WATER CONSERVATION FUND, THE DISCONTIN-
   29  UANCE OF PARKLAND AUTHORIZED BY THE PROVISIONS OF THIS LEGISLATION SHALL
   30  NOT  OCCUR UNTIL THE MUNICIPALITY HAS COMPLIED WITH THE FEDERAL REQUIRE-
   31  MENTS PERTAINING TO THE CONVERSION OF  PARKLANDS,  INCLUDING  SATISFYING
   32  THE  SECRETARY  OF THE INTERIOR THAT THE DISCONTINUANCE WILL INCLUDE ALL
   33  CONDITIONS WHICH THE SECRETARY OF THE INTERIOR DEEMS NECESSARY TO ASSURE
   34  THE SUBSTITUTION OF OTHER LANDS SHALL BE EQUIVALENT IN FAIR MARKET VALUE
   35  AND RECREATIONAL USEFULNESS TO THE LANDS BEING DISCONTINUED."
   36    S 16.07 PARKLAND ALIENATION PROPOSAL REVIEW. 1. NO PARKLAND ALIENATION
   37  LEGISLATION SHALL BE ENACTED UNLESS A MUNICIPALITY HAS FIRST APPLIED FOR
   38  AND RECEIVED FROM THE OFFICE A CERTIFICATION THAT  THE  PROPOSED  ALIEN-
   39  ATION  SATISFIES  THE REQUIREMENTS OF SECTION 16.05 OF THIS ARTICLE. THE
   40  APPLICATION FOR CERTIFICATION SHALL BE SUBMITTED TO THE  OFFICE  BY  THE
   41  GOVERNING BODY OF A MUNICIPALITY IN A FORM PRESCRIBED BY THE COMMISSION-
   42  ER  AND  SHALL,  AT  A  MINIMUM,  CONTAIN  THE FOLLOWING INFORMATION AND
   43  SUPPORTING DOCUMENTATION:
   44    (A) A DESCRIPTION OF THE PARKLAND TO BE ALIENATED, INCLUDING A GENERAL
   45  DESCRIPTION OF THE LAND, A FORMAL METES AND BOUNDS  DESCRIPTION  OF  THE
   46  PARCEL,  THE TOTAL ACREAGE BEING ALIENATED, AND THE FAIR MARKET VALUE OF
   47  THE PARCEL.
   48    (B) A DESCRIPTION OF THE  REPLACEMENT  PARKLAND  INCLUDING  A  GENERAL
   49  DESCRIPTION   OF  THE  REPLACEMENT  LAND,  A  FORMAL  METES  AND  BOUNDS
   50  DESCRIPTION, THE TOTAL ACREAGE OF THE PARCEL, AND THE FAIR MARKET  VALUE
   51  OF  THE  PARCEL.  IT SHALL ALSO CONTAIN A DISCUSSION OF THE RECREATIONAL
   52  USEFULNESS OF THE REPLACEMENT PARCEL AND A DISCUSSION OF  ITS  PROXIMITY
   53  TO THE PARKLAND BEING ALIENATED.
   54    (C)  IN THE CASE OF MUNICIPAL PARKLAND BEING ALIENATED FOR PURPOSES OF
   55  AN EASEMENT FOR A UTILITY, A DESCRIPTION OF HOW THE PROCEEDS OF  A  SALE
   56  OR LEASE OR THE EASEMENT WOULD BE DEDICATED FOR THE ACQUISITION OF ADDI-
       A. 5836--A                          4

    1  TIONAL  PARKLANDS  AND/OR  FOR CAPITAL IMPROVEMENTS TO EXISTING PARK AND
    2  RECREATIONAL FACILITIES.
    3    (D)  IN  THE  CASE  OF  A  LEASE AUTHORIZING A NON-MUNICIPAL ENTITY TO
    4  CONSTRUCT OR OPERATE A PARK-RELATED FACILITY WITHIN MUNICIPAL  PARKLAND,
    5  AN EXPLANATION OF THE IMPACT OF SUCH LEASE ON PUBLIC ACCESS TO THE PARK-
    6  LAND.
    7    (E)  A  DESCRIPTION  OF  THE  MUNICIPALITY'S COMPLIANCE WITH THE STATE
    8  ENVIRONMENTAL QUALITY REVIEW ACT AS SET FORTH IN ARTICLE  EIGHT  OF  THE
    9  ENVIRONMENTAL  CONSERVATION  LAW,  INCLUDING  COMPLETED  COPIES  OF  THE
   10  REQUIRED FORMS, STATEMENTS, AND ASSESSMENTS OF THE ENVIRONMENTAL IMPACTS
   11  OF THE PROPOSED MUNICIPAL PARKLAND ALIENATION.
   12    2. WITHIN NINETY DAYS OF RECEIVING A COMPLETE APPLICATION, THE  OFFICE
   13  SHALL RESPOND IN WRITING AND EITHER:
   14    (A)  ISSUE A CERTIFICATION THAT THE PROPOSED MUNICIPAL PARKLAND ALIEN-
   15  ATION MEETS THE REQUIREMENTS OF SECTION 16.05 OF THIS ARTICLE; OR
   16    (B) DENY THE CERTIFICATION, PROVIDING AN EXPLANATION  FOR  THE  DENIAL
   17  AND  WHERE APPROPRIATE SUGGESTING CHANGES OR ADDITIONS THAT WOULD RESULT
   18  IN ISSUANCE OF A  CERTIFICATION.  WITHIN  THIRTY  DAYS  OF  RECEIVING  A
   19  REVISED  APPLICATION,  THE  OFFICE  SHALL RECONSIDER THE APPLICATION AND
   20  NOTIFY THE MUNICIPALITY IN WRITING WHETHER THE  CERTIFICATION  HAS  BEEN
   21  ISSUED OR DENIED.
   22    3.  THE PROVISIONS OF THIS SECTION DO NOT APPLY TO THE SITING OF MAJOR
   23  UTILITY TRANSMISSION FACILITIES SUBJECT TO ARTICLE SEVEN OF  THE  PUBLIC
   24  SERVICE LAW.
   25    S  16.09  PARKLAND  ALIENATION  REPORTING.  ANY  MUNICIPALITY THAT HAS
   26  RECEIVED ALIENATION AUTHORIZATION THROUGH ENACTMENT OF  MUNICIPAL  PARK-
   27  LAND ALIENATION LEGISLATION SHALL SUBMIT A REPORT TO THE OFFICE NO LATER
   28  THAN  DECEMBER THIRTY-FIRST OF THE CALENDAR YEAR FOLLOWING THE ENACTMENT
   29  OF THE LEGISLATION. SUCH REPORT SHALL BE SIGNED  BY  THE  MUNICIPALITY'S
   30  CHIEF EXECUTIVE OFFICER AND SHALL INCLUDE:
   31    1.  A  NARRATIVE  DESCRIPTION OF THE STATUS OF THE PARKLAND ALIENATION
   32  ACTIONS AUTHORIZED AND REQUIRED IN THE LEGISLATION; AND
   33    2. AN ATTESTATION THAT THE MUNICIPALITY HAS COMPLIED WITH  ALL  CONDI-
   34  TIONS  OF  THE PARKLAND ALIENATION LEGISLATION, INCLUDING THE DEDICATION
   35  OF ANY REQUIRED REPLACEMENT PARKLAND OR, IN THE CASE  OF  UTILITY  EASE-
   36  MENTS, THE DEDICATION OF FUNDING FOR THE ACQUISITION OF ADDITIONAL PARK-
   37  LAND OR CAPITAL IMPROVEMENTS TO EXISTING PARKLAND FACILITIES; OR
   38    3.  IN  THE EVENT THAT ANY CONDITION OF THE PARKLAND ALIENATION LEGIS-
   39  LATION HAS NOT BEEN FULLY COMPLIED WITH, THE MUNICIPALITY SHALL  PROVIDE
   40  THE  OFFICE  WITH  AN INTERIM REPORT DETAILING THE STATUS OF ITS ACTIONS
   41  AND AN EXPLANATION AS TO WHY CERTAIN CONDITIONS HAVE NOT BEEN MET, ALONG
   42  WITH THE ANTICIPATED DATE BY WHICH SUCH  CONDITIONS  WILL  BE  MET.  THE
   43  MUNICIPALITY  SHALL CONTINUE TO FILE INTERIM REPORTS ANNUALLY UNTIL SUCH
   44  TIME AS THE CONDITIONS HAVE BEEN  MET  AND  A  FINAL  REPORT  IS  FILED.
   45  UNLESS  A LONGER TIME PERIOD IS SPECIFIED IN THE LEGISLATION AUTHORIZING
   46  THE ALIENATION, IF THE CONDITIONS OF THE ALIENATION HAVE NOT BEEN MET BY
   47  DECEMBER THIRTY-FIRST OF THE THIRD CALENDAR YEAR FOLLOWING THE ENACTMENT
   48  OF PARKLAND ALIENATION LEGISLATION, THE MUNICIPALITY SHALL BE SUBJECT TO
   49  ENFORCEMENT PURSUANT TO SECTION 16.11 OF THIS ARTICLE.
   50    S 16.11 PARKLAND ALIENATION  ENFORCEMENT.  AN  ACTION  FOR  INJUNCTIVE
   51  RELIEF  AS PROVIDED IN THIS SECTION AGAINST A MUNICIPALITY VIOLATING ANY
   52  PROVISION OF THIS ARTICLE MAY BE BROUGHT BY THE  ATTORNEY  GENERAL  UPON
   53  REFERRAL BY THE OFFICE OR UPON HIS OR HER OWN INITIATIVE.
   54    1.  A  MUNICIPALITY  MAY BE ENJOINED FROM ALIENATING PARKLAND WHERE IT
   55  ACTS OR HAS ACTED IN FURTHERANCE OF PARKLAND ALIENATION:
   56    (A) WITHOUT THE ENACTMENT OF PARKLAND ALIENATION LEGISLATION;
       A. 5836--A                          5

    1    (B) WITHOUT OBTAINING CERTIFICATION FROM THE  OFFICE  AS  REQUIRED  BY
    2  THIS ARTICLE; OR
    3    (C)  WITHOUT  COMPLIANCE  WITH THE TERMS OF PARKLAND ALIENATION LEGIS-
    4  LATION; OR
    5    (D) WITHOUT COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE,  INCLUD-
    6  ING REPORTING REQUIREMENTS.
    7    WHERE  APPROPRIATE, SUCH MUNICIPALITY MAY BE COMPELLED TO RESTORE SUCH
    8  PARKLAND TO PARK PURPOSES OR TO REPLACE PARKLAND ALIENATED IN  VIOLATION
    9  OF  THIS  ARTICLE  WITH  REPLACEMENT  PARKLAND  OF EQUAL OR GREATER FAIR
   10  MARKET VALUE, ACREAGE, AND RECREATIONAL USEFULNESS.
   11    2. A MUNICIPALITY THAT FAILS TO  PROVIDE  REPLACEMENT  PARKLAND  WHERE
   12  REQUIRED  BY  PARKLAND ALIENATION LEGISLATION MAY BE COMPELLED TO PAY TO
   13  THE OFFICE AN AMOUNT EQUAL TO THE FAIR MARKET  VALUE  OF  THE  ALIENATED
   14  PARKLAND, WHICH FUNDS SHALL BE USED BY THE OFFICE TO ACQUIRE REPLACEMENT
   15  PARKLAND.
   16    S  16.13 STATE AUDITS. WITH THE ADVICE AND GUIDANCE OF THE OFFICE, THE
   17  OFFICE OF THE STATE COMPTROLLER SHALL BE EMPOWERED TO CONDUCT AUDITS  OF
   18  ALL  MUNICIPAL PARKLAND ALIENATION LEGISLATION TO ENSURE COMPLIANCE WITH
   19  THE TERMS THEREIN.
   20    S 16.15 PUBLIC TRUST DOCTRINE NOT AFFECTED. NOTHING  IN  THIS  ARTICLE
   21  SHALL BE CONSTRUED TO LIMIT OR RESTRICT PUBLIC TRUST DOCTRINE PRINCIPLES
   22  THAT  HAVE BEEN ESTABLISHED THROUGH STATE JUDICIAL COURT DECISIONS OR TO
   23  PREVENT ENFORCEMENT OF THE PUBLIC TRUST DOCTRINE BY ANY PERSON INCLUDING
   24  INDIVIDUAL CITIZENS OF THE STATE OF NEW YORK.
   25    S 2. The state commissioner of parks, recreation and historic  preser-
   26  vation  is  authorized  to  promulgate  such guidelines and/or rules and
   27  regulations as he or she deems necessary to implement the provisions  of
   28  this act on or before its effective date.
   29    S 3. This act shall take effect January 1, 2015.
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