A10066 Summary:

SPONSORRules (Englebright)
Add Art 16 SS16.01 - 16.05, Pks & Rec L
Relates to the reporting of alienation of municipal parkland.
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A10066 Actions:

06/11/2014referred to local governments
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A10066 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Rules (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: This is a new bill.   FISCAL IMPLICATIONS: None by the State.   EFFECTIVE DATE: This act shall take effect on January 1, 2015.
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A10066 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                      June 11, 2014
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Englebright)
          -- read once and referred to the Committee on Local Governments
        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.
    23    4. "Parkland alienation legislation" shall mean legislation introduced

    24  in the state legislature authorizing a municipality to alienate parkland
    25  under its jurisdiction.
    26    § 16.03 Parkland  alienation  reporting.  Any  municipality  that  has
    27  received  alienation  authorization through enactment of municipal park-
    28  land alienation legislation shall submit a report to the office no later
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 10066                            2
     1  than December thirty-first of the calendar year following the  enactment
     2  of  the  legislation.  Such report shall be signed by the municipality's

     3  chief executive officer and shall include:
     4    1.  A  narrative  description of the status of the parkland alienation
     5  actions authorized and required in the legislation; and
     6    2. An attestation that the municipality has complied with  all  condi-
     7  tions  of  the parkland alienation legislation, including the dedication
     8  of any required replacement parkland or, in the case  of  utility  ease-
     9  ments, the dedication of funding for the acquisition of additional park-
    10  land or capital improvements to existing parkland facilities; or
    11    3.  In  the event that any condition of the parkland alienation legis-
    12  lation has not been fully complied with, the municipality shall  provide
    13  the  office  with  an interim report detailing the status of its actions

    14  and an explanation as to why certain conditions have not been met, along
    15  with the anticipated date by which such  conditions  will  be  met.  The
    16  municipality  shall continue to file interim reports annually until such
    17  time as the conditions have been  met  and  a  final  report  is  filed.
    18  Unless  a longer time period is specified in the legislation authorizing
    19  the alienation, if the conditions of the alienation have not been met by
    20  December thirty-first of the third calendar year following the enactment
    21  of parkland alienation legislation, the municipality shall be subject to
    22  enforcement pursuant to section 16.05 of this article.
    23    § 16.05 Parkland alienation  enforcement.  An  action  for  injunctive

    24  relief  as provided in this section against a municipality violating any
    25  provision of this article may be brought by the  attorney  general  upon
    26  referral  by  the  office  or upon his or her own initiative.  A munici-
    27  pality may be enjoined from alienating parkland where  it  acts  or  has
    28  acted  in furtherance of parkland alienation without compliance with the
    29  requirements of this article, including reporting requirements and park-
    30  land alienation legislation requirements.
    31    § 2. The state commissioner of parks, recreation and historic  preser-
    32  vation  is  authorized  to  promulgate  such guidelines and/or rules and
    33  regulations as he or she deems necessary to implement the provisions  of
    34  this act on or before its effective date.
    35    § 3. This act shall take effect January 1, 2015.

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