S T A T E O F N E W Y O R K
________________________________________________________________________
6839
2009-2010 Regular Sessions
I N A S S E M B L Y
March 13, 2009
___________
Introduced by M. of A. SCOZZAFAVA -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the public lands law and the environmental conservation
law, in relation to the acquisition of real property by the office of
general services and the department of environmental conservation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 27 of the public lands law, as
added by chapter 513 of the laws of 1989, is amended to read as follows:
1. [The] SUBJECT TO THE PROVISIONS OF SECTION TWENTY-SEVEN-A OF THIS
ARTICLE, THE commissioner of general services when moneys therefor have
been appropriated by the legislature or are otherwise available, may
acquire any real property which he deems necessary for the implementa-
tion or accomplishment of any statutory purpose, function, operation or
responsibility of the commissioner of general services or the office of
general services, by purchase or as provided in the eminent domain
procedure law. Title to such real property shall be taken in the name of
and be vested in the people of the state of New York. No real property
shall be so acquired by purchase unless the title thereto is approved by
the attorney general. The terms "property" or "real property" as used in
this section shall mean "real property" as defined by section one
hundred three of the eminent domain procedure law.
S 2. The public lands law is amended by adding a new section 27-a to
read as follows:
S 27-A. ACQUISITIONS OF REAL PROPERTY; REFERENDUM. ANY ACQUISITION OF
REAL PROPERTY LOCATED WITHIN THE STATE BY THE OFFICE OF GENERAL SERVICES
PURSUANT TO THE PROVISIONS OF SECTION TWENTY-SEVEN OF THIS ARTICLE,
SHALL BE SUBJECT TO PERMISSIVE REFERENDUM OF A MAJORITY OF THE VOTERS
RESIDING IN THE JUDICIAL DEPARTMENT OR DEPARTMENTS IN WHICH SUCH PROPER-
TY IS LOCATED, IN WHOLE OR IN PART.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08526-01-9
A. 6839 2
1. AT LEAST ONE HUNDRED TWENTY DAYS PRIOR TO THE INITIATION OF NEGOTI-
ATIONS FOR THE ACQUISITION OF PROPERTY BY THE STATE OR THE COMMENCEMENT
BY THE STATE OF EMINENT DOMAIN PROCEEDINGS, THE STATE SHALL NOTIFY, IN
WRITING, THE CHIEF EXECUTIVE OFFICER OF EACH MUNICIPALITY IN WHICH SUCH
PROPERTY IS LOCATED, THAT SUCH NEGOTIATIONS OR PROCEEDINGS ARE COMMENC-
ING.
2. AT LEAST ONE HUNDRED TWENTY DAYS AFTER THE NOTICE REQUIRED BY
SUBDIVISION ONE OF THIS SECTION, THE STATE SHALL DELIVER TO THE CHIEF
EXECUTIVE OFFICER OF ALL MUNICIPAL GOVERNMENT OFFICES, INCLUDING ANY
AFFECTED OR LIKELY TO BE AFFECTED COUNTIES, TOWNS, VILLAGES, AND SCHOOL
DISTRICTS WHEREIN SUCH PROPERTY IS LOCATED, A WRITTEN DRAFT ECONOMIC,
CULTURAL AND ENVIRONMENTAL ASSESSMENT REPORT WHICH SETS FORTH THE ANTIC-
IPATED OUTCOMES OF ALL ALTERNATIVES RELATIVE TO THE STATE'S INTEREST,
AND THAT OF THE LOCALITY OR LOCALITIES IN WHICH THE PROPERTY IS LOCATED,
INCLUDING THE FOLLOWING:
A. A DESCRIPTION OF THE PROPOSED ACQUISITION;
B. THE ENVIRONMENTAL, ECONOMIC, AND CULTURAL IMPACT OF THE PROPOSED
ACQUISITION INCLUDING SHORT-TERM AND LONG TERM EFFECTS;
C. ANY ADVERSE ENVIRONMENTAL, ECONOMIC AND CULTURAL EFFECTS WHICH
CANNOT BE AVOIDED SHOULD THE PROPOSAL BE IMPLEMENTED;
D. ALTERNATIVES TO THE PROPOSED ACQUISITION;
E. ANY IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF RESOURCES WHICH
WOULD BE INVOLVED IN THE PROPOSED ACQUISITION SHOULD IT BE IMPLEMENTED;
F. MITIGATION MEASURES PROPOSED TO MINIMIZE THE ENVIRONMENTAL,
ECONOMIC AND CULTURAL IMPACT; AND
G. THE GROWTH INDUCING ASPECTS OF THE PROPOSED ACQUISITION, WHERE
APPLICABLE AND SIGNIFICANT.
3. WITHIN SIXTY DAYS OF THE DELIVERY REQUIRED BY SUBDIVISION TWO OF
THIS SECTION, THE STATE SHALL CONDUCT A PUBLIC HEARING OR HEARINGS IN
THE AFFECTED MUNICIPALITIES TO OUTLINE AND DISCUSS THE CRITERIA SET
FORTH IN SUBDIVISION TWO OF THIS SECTION. WITHIN FORTY-FIVE DAYS OF
SUCH HEARING THE STATE SHALL ISSUE TO SUCH SUBJECT MUNICIPALITIES ITS
ENVIRONMENTAL, ECONOMIC AND CULTURAL IMPACT STATEMENT. SUCH STATEMENT
SHALL DESCRIBE THE PROPOSED ACTION AND REASONABLE ALTERNATIVES TO SUCH
ACTION AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION.
4. THE DETERMINATION OF A STATE AGENCY TO ACQUIRE LANDS SHALL BE
SUBJECT TO A PERMISSIVE REFERENDUM. A DETERMINATION OF AN APPROPRIATE
STATE AGENCY TO ACQUIRE LAND SHALL NOT TAKE EFFECT UNTIL FORTY-FIVE DAYS
AFTER THE FILING OF ITS ENVIRONMENTAL, ECONOMIC AND CULTURAL IMPACT
STATEMENT; NOR UNLESS IT IS APPROVED BY AN AFFIRMATIVE VOTE OF A MAJORI-
TY OF THE QUALIFIED ELECTORS OF THE JUDICIAL DEPARTMENTS WHERE SUCH LAND
IS LOCATED, IF WITHIN FORTY-FIVE DAYS AFTER ITS FILING THERE SHALL BE
FILED WITH THE COUNTY CLERK OF EACH COUNTY WHEREIN THE AFFECTED LANDS
LIE A PETITION SIGNED BY QUALIFIED ELECTORS OF THE COUNTY IN NUMBER NOT
LESS THAN TEN PER CENTUM OF THE TOTAL VOTE CAST FOR GOVERNOR IN SUCH
COUNTY AT THE LAST GENERAL ELECTION HELD FOR THE ELECTION OF STATE
OFFICERS. SUCH PETITION SHALL STATE THAT A REFERENDUM VOTE IS REQUESTED
ON SUCH PROPOSED ACQUISITION. THE PETITION MAY CONSIST OF SEPARATE
SHEETS AND SIGNATURES TO EACH SHEET SHALL BE AUTHENTICATED IN THE MANNER
PROVIDED BY THE ELECTION LAW FOR THE AUTHENTICATION OF A DESIGNATING
PETITION. THE SEVERAL SHEETS SO SIGNED AND AUTHENTICATED WHEN FASTENED
TOGETHER AND OFFERED FOR FILING SHALL BE DEEMED TO CONSTITUTE ONE PETI-
TION. THE COUNTY CLERK SHALL EXAMINE EACH SUCH PETITION SO FILED WITH
SUCH COUNTY CLERK AND SHALL NOT LATER THAN THIRTY DAYS AFTER THE DATE OF
ITS FILING TRANSMIT TO THE STATE A CERTIFICATE THAT HE OR SHE HAS EXAM-
A. 6839 3
INED IT AND HAS FOUND THAT IT DOES OR DOES NOT COMPLY, AS THE CASE MAY
BE, WITH ALL THE REQUIREMENTS OF LAW.
5. PROCEEDINGS MAY BE INSTITUTED AND MAINTAINED TO CONTEST THE SUFFI-
CIENCY AND VALIDITY OF ANY PETITION PROVIDED FOR IN THIS SECTION, IN THE
MANNER PROVIDED FOR IN THE ELECTION LAW, AS THOUGH SUCH PETITION WERE A
DESIGNATING PETITION. IF THE PETITION BE SUFFICIENT AND VALID, A PROPO-
SITION FOR THE APPROVAL OF SUCH RESOLUTION SHALL BE SUBMITTED AT THE
NEXT GENERAL ELECTION TO THE VOTERS OF THE JUDICIAL DEPARTMENT OR
DEPARTMENTS IN WHICH THE SAID LANDS ARE LOCATED.
S 3. Subdivision 1 of section 3-0305 of the environmental conservation
law, as added by chapter 727 of the laws of 1978, is amended to read as
follows:
1. [The] SUBJECT TO THE PROVISIONS OF SECTION 3-0308 OF THIS TITLE,
THE commissioner when moneys therefor have been appropriated by the
legislature or are otherwise available, may acquire any real property
which he OR SHE deems necessary for any of the purposes or functions of
the department, by purchase or as provided in the eminent domain proce-
dure law. Title to such real property shall be taken in the name of and
be vested in the people of the state of New York. No real property
shall be so acquired by purchase unless the title thereto is approved by
the attorney general. The terms "property" or "real property" as used
in this section shall mean "real property" as defined by section one
hundred three of the eminent domain procedure law.
S 4. The environmental conservation law is amended by adding a new
section 3-0308 to read as follows:
S 3-0308. ACQUISITIONS OF REAL PROPERTY; REFERENDUM.
ANY ACQUISITION OF REAL PROPERTY LOCATED WITHIN THE STATE BY THE
DEPARTMENT PURSUANT TO THE PROVISIONS OF SECTION 3-0305 OF THIS TITLE,
SHALL BE SUBJECT TO PERMISSIVE REFERENDUM OF A MAJORITY OF THE VOTERS
RESIDING IN THE JUDICIAL DEPARTMENT OR DEPARTMENTS IN WHICH SUCH PROPER-
TY IS LOCATED, IN WHOLE OR IN PART.
1. AT LEAST ONE HUNDRED TWENTY DAYS PRIOR TO THE INITIATION OF NEGOTI-
ATIONS FOR THE ACQUISITION OF PROPERTY BY THE STATE OR THE COMMENCEMENT
BY THE STATE OF EMINENT DOMAIN PROCEEDINGS, THE STATE SHALL NOTIFY, IN
WRITING, THE CHIEF EXECUTIVE OFFICER OF EACH MUNICIPALITY IN WHICH SUCH
PROPERTY IS LOCATED, THAT SUCH NEGOTIATIONS OR PROCEEDINGS ARE COMMENC-
ING.
2. AT LEAST ONE HUNDRED TWENTY DAYS AFTER THE NOTICE REQUIRED BY
SUBDIVISION ONE OF THIS SECTION, THE STATE SHALL DELIVER TO THE CHIEF
EXECUTIVE OFFICER OF ALL MUNICIPAL GOVERNMENT OFFICES, INCLUDING ANY
AFFECTED OR LIKELY TO BE AFFECTED COUNTIES, TOWNS, VILLAGES, AND SCHOOL
DISTRICTS WHEREIN SUCH PROPERTY IS LOCATED, A WRITTEN DRAFT ECONOMIC,
CULTURAL AND ENVIRONMENTAL ASSESSMENT REPORT WHICH SETS FORTH THE ANTIC-
IPATED OUTCOMES OF ALL ALTERNATIVES RELATIVE TO THE STATE'S INTEREST,
AND THAT OF THE LOCALITY OR LOCALITIES IN WHICH THE PROPERTY IS LOCATED,
INCLUDING THE FOLLOWING:
A. A DESCRIPTION OF THE PROPOSED ACQUISITION;
B. THE ENVIRONMENTAL, ECONOMIC, AND CULTURAL IMPACT OF THE PROPOSED
ACQUISITION INCLUDING SHORT-TERM AND LONG TERM EFFECTS;
C. ANY ADVERSE ENVIRONMENTAL, ECONOMIC AND CULTURAL EFFECTS WHICH
CANNOT BE AVOIDED SHOULD THE PROPOSAL BE IMPLEMENTED;
D. ALTERNATIVES TO THE PROPOSED ACQUISITION;
E. ANY IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF RESOURCES WHICH
WOULD BE INVOLVED IN THE PROPOSED ACQUISITION SHOULD IT BE IMPLEMENTED;
F. MITIGATION MEASURES PROPOSED TO MINIMIZE THE ENVIRONMENTAL,
ECONOMIC AND CULTURAL IMPACT; AND
A. 6839 4
G. THE GROWTH INDUCING ASPECTS OF THE PROPOSED ACQUISITION, WHERE
APPLICABLE AND SIGNIFICANT.
3. WITHIN SIXTY DAYS OF THE DELIVERY REQUIRED BY SUBDIVISION TWO OF
THIS SECTION, THE STATE SHALL CONDUCT A PUBLIC HEARING OR HEARINGS IN
THE AFFECTED MUNICIPALITIES TO OUTLINE AND DISCUSS THE CRITERIA SET
FORTH IN SUBDIVISION TWO OF THIS SECTION. WITHIN FORTY-FIVE DAYS OF
SUCH HEARING THE STATE SHALL ISSUE TO SUCH SUBJECT MUNICIPALITIES ITS
ENVIRONMENTAL, ECONOMIC AND CULTURAL IMPACT STATEMENT. SUCH STATEMENT
SHALL DESCRIBE THE PROPOSED ACTION AND REASONABLE ALTERNATIVES TO SUCH
ACTION AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION.
4. THE DETERMINATION OF A STATE AGENCY TO ACQUIRE LANDS SHALL BE
SUBJECT TO A PERMISSIVE REFERENDUM. A DETERMINATION OF AN APPROPRIATE
STATE AGENCY TO ACQUIRE LAND SHALL NOT TAKE EFFECT UNTIL FORTY-FIVE DAYS
AFTER THE FILING OF ITS ENVIRONMENTAL, ECONOMIC AND CULTURAL IMPACT
STATEMENT; NOR UNLESS IT IS APPROVED BY AN AFFIRMATIVE VOTE OF A MAJORI-
TY OF THE QUALIFIED ELECTORS OF THE JUDICIAL DEPARTMENTS WHERE SUCH LAND
IS LOCATED, IF WITHIN FORTY-FIVE DAYS AFTER ITS FILING THERE SHALL BE
FILED WITH THE COUNTY CLERK OF EACH COUNTY WHEREIN THE AFFECTED LANDS
LIE A PETITION SIGNED BY QUALIFIED ELECTORS OF THE COUNTY IN NUMBER NOT
LESS THAN TEN PER CENTUM OF THE TOTAL VOTE CAST FOR GOVERNOR IN SUCH
COUNTY AT THE LAST GENERAL ELECTION HELD FOR THE ELECTION OF STATE
OFFICERS. SUCH PETITION SHALL STATE THAT A REFERENDUM VOTE IS REQUESTED
ON SUCH PROPOSED ACQUISITION. THE PETITION MAY CONSIST OF SEPARATE
SHEETS AND SIGNATURES TO EACH SHEET SHALL BE AUTHENTICATED IN THE MANNER
PROVIDED BY THE ELECTION LAW FOR THE AUTHENTICATION OF A DESIGNATING
PETITION. THE SEVERAL SHEETS SO SIGNED AND AUTHENTICATED WHEN FASTENED
TOGETHER AND OFFERED FOR FILING SHALL BE DEEMED TO CONSTITUTE ONE PETI-
TION. THE COUNTY CLERK SHALL EXAMINE EACH SUCH PETITION SO FILED WITH
SUCH COUNTY CLERK AND SHALL NOT LATER THAN THIRTY DAYS AFTER THE DATE OF
ITS FILING TRANSMIT TO THE STATE A CERTIFICATE THAT HE HAS EXAMINED IT
AND HAS FOUND THAT IT DOES OR DOES NOT COMPLY, AS THE CASE MAY BE, WITH
ALL THE REQUIREMENTS OF LAW.
5. PROCEEDINGS MAY BE INSTITUTED AND MAINTAINED TO CONTEST THE SUFFI-
CIENCY AND VALIDITY OF ANY PETITION PROVIDED FOR IN THIS SECTION, IN THE
MANNER PROVIDED FOR IN THE ELECTION LAW, AS THOUGH SUCH PETITION WERE A
DESIGNATING PETITION. IF THE PETITION BE SUFFICIENT AND VALID, A PROPO-
SITION FOR THE APPROVAL OF SUCH RESOLUTION SHALL BE SUBMITTED AT THE
NEXT GENERAL ELECTION TO THE VOTERS OF THE JUDICIAL DEPARTMENT OR
DEPARTMENTS IN WHICH THE SAID LANDS ARE LOCATED.
S 5. This act shall take effect on the thirtieth day after it shall
have become a law and shall apply to acquisitions of real property by
the office of general services and the department of environmental
conservation occurring on or after such effective date.