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

                                  10642

                          I N  A S S E M B L Y

                             April 13, 2010
                               ___________

Introduced  by  M.  of A. ENGLEBRIGHT, HOYT, CANESTRARI, COLTON, JACOBS,
  JAFFEE, TITONE, CHRISTENSEN, JOHN, SKARTADOS, KOON,  REILLY,  MILLMAN,
  CARROZZA  --  Multi-Sponsored  by  --  M. of A. DESTITO, GALEF, GLICK,
  GOTTFRIED, SWEENEY, THIELE -- read once and referred to the  Committee
  on Environmental Conservation

AN  ACT to amend the parks, recreation and historic preservation law, in
  relation to requiring the office of  parks,  recreation  and  historic
  preservation  to  acquire all mineral rights to real property acquired
  by such office

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

  Section  1. Subdivision 1 of section 3.17 of the parks, recreation and
historic preservation law, as amended by chapter  727  of  the  laws  of
1978, is amended to read as follows:
  1.  Notwithstanding  any  other provision of law, the commissioner may
acquire such property as may be necessary for the purposes and functions
of the office, within the amounts appropriated or  available  therefore.
Such  property may be acquired pursuant to the provisions of the eminent
domain procedure law, or by purchase, lease, exchange, grant,  condemna-
tion, gift, devise, bequest, or by any other lawful means. No real prop-
erty  shall  be  so acquired unless the title thereto is approved by the
attorney general.  PROVIDED, FURTHER, THAT NO  REAL  PROPERTY  SHALL  BE
ACQUIRED,  RECEIVED, HELD OR ADMINISTERED BY THE COMMISSIONER UNLESS THE
MINERAL RIGHTS ON AND UNDER SUCH LAND ARE ALSO ACQUIRED BY  THE  COMMIS-
SIONER  IN  THE  NAME  OF THE PEOPLE OF THE STATE OF NEW YORK; PROVIDED,
HOWEVER, THAT THE COMMISSIONER MAY ACQUIRE, RECEIVE, HOLD OR  ADMINISTER
REAL  PROPERTY  TO  WHICH  HE OR SHE HAS NOT ACQUIRED THE MINERAL RIGHTS
THERETO IN ANY CASE IN WHICH THE COMMISSIONER FINDS THAT SUCH REAL PROP-
ERTY IS OF GREAT SIGNIFICANCE AND IMPORTANCE TO THE STATE.  PRIOR TO THE
ACQUISITION, RECEIPT, HOLDING OR ADMINISTRATION OF REAL PROPERTY BY  THE
OFFICE  TO  WHICH  THE  COMMISSIONER HAS NOT ACQUIRED THE MINERAL RIGHTS
THERETO, THE COMMISSIONER SHALL ISSUE AN ANALYTICAL REPORT THAT PROVIDES
JUSTIFICATION AND THE RATIONALE FOR SUCH PROPERTY ACQUISITION,  NOTWITH-
STANDING  THE  LACK  OF  THE  MINERAL  RIGHTS THERETO, INCLUDING BUT NOT

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

                                                           LBD16325-03-0

A. 10642                            2

LIMITED TO A DESCRIPTION OF THE  REAL  PROPERTY,  THE  SIGNIFICANCE  AND
IMPORTANCE  OF  THE  LAND  TO  THE  STATE, AND THE ECONOMIC BENEFITS AND
IMPACTS AND LOCAL IMPACTS OF ACQUIRING SUCH REAL PROPERTY.  AT LEAST ONE
MONTH AFTER THE ISSUANCE OF SUCH REPORT, THE OFFICE SHALL CONDUCT ONE OR
MORE  PUBLIC  HEARINGS,  WITH  AT LEAST ONE SUCH HEARING IN THE IMPACTED
AREA, AND SUCH ACTIONS SHALL BE PUBLISHED IN  THE  ENVIRONMENTAL  NOTICE
BULLETIN  AT  LEAST ONE MONTH PRIOR TO SUCH HEARING. Notwithstanding the
provisions of section eleven of the state finance law, the  commissioner
may  accept  a  conditional  grant,  gift,  devise  or  bequest with the
approval of the director of the budget. Title to real property which  is
acquired  shall  be  taken in the name of and be vested in the people of
the state of New York.
  S 2. This act shall take effect immediately and shall  apply  to  real
property acquired or received on or after such date.