senate Bill S3811

Relates to the sale of state owned land

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 21 / Feb / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 13 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE

Summary

Establishes prior to the disposition of land by state agencies and authorities the state land acquisition advisory council shall review such land; establishes if certain criteria is met such land shall be transferred to the department of environmental conservation.

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Bill Details

See Assembly Version of this Bill:
A4620
Versions:
S3811
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Environmental Conservation Law
Laws Affected:
Add ยง49-0217, En Con L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3495, A9612
2009-2010: S860, A1978
2007-2008: A2004

Votes

7
0
7
Aye
0
Nay
6
aye with reservations
0
absent
0
excused
0
abstained
show Environmental Conservation committee vote details

Sponsor Memo

BILL NUMBER:S3811

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to the sale of state lands

PURPOSE: The purpose of this bill is to ensure that the natural
resource value of state-owned land is fully identified and considered
before its sale.

SUMMARY OF PROVISIONS: This bill would add a new section 49-0217 to
the ECL to require that the State Land Acquisition Advisory Council
review any state-owned land prior to its sale. Such review would be
conducted to determine:

* if the land is within a resource protection area as designated by
the State Land Acquisition Plan (SLAP);

* if the land meets a category definition contained in the SLAP; or

* if it receives a minimum score, above the cutoff, using the
appropriate rating system as defined in the SLAP.

This bill would also require that if any of the above listed criteria
are met, the subject land would be transferred to the Department of
Environmental Conservation, and the Department would be required to
manage the land in accordance with the recommendations of the SLAP.

JUSTIFICATION: The State Land Acquisition Plan was created in statute
to help identify and prioritize the State's natural resources The
State Land Acquisition Advisory Council was created to aid in the
formulation of this plan, and to make recommendations for land
acquisition that ensure a balance of statewide and regional
acquisition goals. In order to further the State's land preservation
goals, this bill would require the State Land Acquisition Advisory
Council to determine whether state-owned lands proposed for sale have
any value that would deem them worthy of resource protection by the
State. In the absence of such a provision, some of New York's most
precious open space will continue to be lost due to hasty and
shortsighted transactions that ignore the efforts of the state
(through the council and the acquisition plan) to preserve its most
valuable land resources.

LEGISLATIVE HISTORY: 2011-12: S.3495 Environmental
Conservation/A.9612 Environmental Conservation
2009-10: S.860 Environmental Conservation/A.1978 Environmental
Conservation
2007-08: S.4367 Environmental Conservation/A.2004 Passed Assembly
(2007-2008)
2005-06: S.6376 Environment Conservation/A.7083 Passed Assembly
(2005-2006)

FISCAL IMPLICATIONS: This bill could potentially result in a decrease
in revenue from the sale of State land. At the same time, however, the
bill could result in savings to the State by preventing the sale of
land with a high preservation value.


EFFECTIVE DATE: This act shall take effect immediately.

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

                                  3811

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 21, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

AN ACT to amend the environmental conservation law, in relation  to  the
  sale of state lands

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The environmental conservation law is amended by  adding  a
new section 49-0217 to read as follows:
S 49-0217. SALE OF STATE-OWNED LAND.
  1.  PRIOR TO THE DISPOSITION OF STATE-OWNED LAND BY STATE AGENCIES AND
AUTHORITIES, THE STATE LAND ACQUISITION  ADVISORY  COUNCIL,  ESTABLISHED
PURSUANT  TO SECTION 49-0211 OF THIS TITLE, SHALL REVIEW ANY SUCH STATE-
OWNED LAND TO DETERMINE:
  (A) IF IT IS WITHIN A RESOURCE PROTECTION AREA AS  DESIGNATED  BY  THE
STATE LAND ACQUISITION PLAN, PURSUANT TO SECTION 49-0207 OF THIS TITLE;
  (B)  IF  IT  MEETS  A  CATEGORY DEFINITION CONTAINED IN THE STATE LAND
ACQUISITION PLAN, PURSUANT TO SECTION 49-0207 OF THIS TITLE; OR
  (C) IF IT RECEIVES A MINIMUM SCORE, ABOVE THE CUTOFF, USING THE APPRO-
PRIATE RATING SYSTEM AS DEFINED IN  THE  STATE  LAND  ACQUISITION  PLAN,
PURSUANT TO SECTION 49-0207 OF THIS TITLE.
  2. IF ANY OF THE CRITERIA, AS DESCRIBED IN PARAGRAPHS (A), (B) AND (C)
OF  SUBDIVISION  ONE OF THIS SECTION, ARE MET, SUCH LAND OR A PORTION OF
SUCH LAND SHALL BE TRANSFERRED TO THE DEPARTMENT OR THE OFFICE OF PARKS,
RECREATION AND HISTORIC PRESERVATION. THE DEPARTMENT SHALL  MANAGE  SUCH
LAND  IN  ACCORDANCE WITH THE RECOMMENDATIONS OF THE STATE LAND ACQUISI-
TION PLAN, PURSUANT TO SECTION 49-0207 OF THIS TITLE.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08668-01-3

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