NY State Senate Bill 2009-S358

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to finance
Jan 07, 2009	referred to finance

2009-S358 (ACTIVE) - Details

See Assembly Version of this Bill:: A587
Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Amd §92-s, St Fin L; amd §§54-0301 & 54-0303, En Con L
Versions Introduced in 2011-2012 Legislative Session:: S341, A147

2009-S358 (ACTIVE) - Summary

Requires open space conservation projects to be undertaken with willing sellers; provides that the use of eminent domain for such projects shall be limited to lands where the owner thereof has consented thereto or where the eminent domain is required to quiet title.

2009-S358 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S358

 TITLE OF BILL :
An act to amend the state finance law and the environmental
conservation law, in relation to requiring open space land
conservation projects to be undertaken with willing sellers


 PURPOSE :
Amends Section 92-s of the State Finance Law and Article 54, Title 3
of the Environmental Conservation Law.

 SUMMARY OF PROVISIONS :
The bill amends Section 92-s of the State Finance Law to provide that
moneys from the Environmental Protection Fund shall be available,
pursuant to appropriation, for open space land conservation projects
undertaken with a willing seller. It amends Section 54-0301 of the
Environmental Conservation Law to redefine "open space conservation
projects" as acquisition projects undertaken with willing sellers. It
amends Section 54-0303 to limit the use of eminent domain in
connection with open space conservation projects to situations where
the landowner has consented to its use or where its use is required to
quiet title.

 JUSTIFICATION :
New York State is a national leader in the effort to conserve open

space. The State's Open Space Conservation Plan expressly recognizes
that in pursuing conservation goals, the State must deal fairly and
openly with property owners on a willing seller/willing buyer basis.
The Plan expressly limits the use of eminent domain for open space
conservation purposes.

These provisions in the State's Open Space Conservation Plan have the
unanimous support of the broadly representative membership of the
Region 5 citizen's advisory committee. This committee, which contains
representatives of local and county governments, landowners, and
environmental advocacy organizations within the Adirondack Park,
adopted the principles that became the basis of these State policies
in a series of resolutions in 1992. Those resolutions helped to reduce
the fears of residents and landowners regarding the State's use of
compulsory land acquisition. They represented an historic public
consensus that helped set the stage for the unprecedented achievements
in the area of open space conservation that have ensued.

The record conclusively establishes that the State can achieve the
objectives of its Open Space Conservation Plan working with willing
sellers on a consensual basis. Title 3 of Article 54 of the
Environmental Conservation Law, which authorizes the State's open
space conservation program, and Section 92-s of the State Finance Law,
which creates the Environmental Protection Fund, the largest source of
State funding for that program, should reflect this commitment to
consensual land acquisition.  Enacting this legislation will further
the public interest and promote public support for the State's Open
Space Conservation program by requiring that open space conservation
projects be undertaken with willing sellers.

 LEGISLATIVE HISTORY :
2007/08: S.1121 Passed Senate
2006:    S.7028 Finance

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S358 (ACTIVE) - Bill Text download pdf

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

    S. 358                                                    A. 587

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

IN  SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Finance

IN ASSEMBLY -- Introduced by M. of A. SAYWARD -- read once and  referred
  to the Committee on Environmental Conservation

AN ACT to amend the state finance law and the environmental conservation
  law, in relation to requiring open space land conservation projects to
  be undertaken with willing sellers

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

  Section 1. Paragraph (d) of subdivision 6 of section 92-s of the state
finance law, as amended by section 13 of part E of  chapter  61  of  the
laws of 2000, is amended to read as follows:
  (d) Moneys from the open space account shall be available, pursuant to
appropriation,  for  any open space land conservation project UNDERTAKEN
WITH A WILLING SELLER, bio-diversity stewardship and  research  pursuant
to chapter five hundred fifty-four of the laws of nineteen hundred nine-
ty-three,  for  the  purposes  of  agricultural  and farmland protection
activities as authorized by article twenty-five-AAA of  the  agriculture
and  markets law, non-point source abatement and control projects pursu-
ant to section 17-1409 of the environmental conservation law and section
eleven-b of the soil and water  conservation  districts  law,  for  Long
Island  Central  Pine  Barrens  area planning or Long Island south shore
estuary reserve planning pursuant to title thirteen  of  article  fifty-
four  of  the  environmental  conservation  law,  and  for operation and
management of the Albany  Pine  Bush  preserve  commission  pursuant  to
subdivision  two  of  section  54-0303 of the environmental conservation
law.
  S 2. Section 54-0301 of the environmental conservation law,  as  added
by chapter 610 of the laws of 1993, is amended to read as follows:

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

                                                           LBD00190-01-9

S. 358                              2                             A. 587

S 54-0301. [Definitions] DEFINITION.
  For  purposes  of  this title, "open space land conservation projects"
shall mean acquisition projects UNDERTAKEN WITH WILLING SELLERS  includ-
ing the purchase of conservation easements undertaken by the commission-
er  and/or  the  commissioner  of  the  office  of parks, recreation and
historic preservation listed in the state open  space  land  acquisition
plan prepared pursuant to title 2 of article 49 of this chapter.
  S  3.  Subdivision 6 of section 54-0303 of the environmental conserva-
tion law, as added by chapter 610 of the laws of  1993,  is  amended  to
read as follows:
  6.  [No  monies shall be expended for acquisition by eminent domain of
any open space land conservation project except in accordance  with  the
state land acquisition policy set forth in section 49-0203 of this chap-
ter] THE USE OF EMINENT DOMAIN IN CONNECTION WITH ANY OPEN SPACE CONSER-
VATION PROJECT SHALL BE LIMITED TO LANDS WITH RESPECT TO WHICH THE OWNER
HAS  CONSENTED  TO THE USE OF EMINENT DOMAIN OR WHERE THE USE OF EMINENT
DOMAIN IS REQUIRED TO QUIET TITLE.
  S 4. This act shall take effect immediately.

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Senate Bill S358

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Archive: Last Bill Status - In Senate Committee Finance Committee

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2009-S358 (ACTIVE) - Details

2009-S358 (ACTIVE) - Summary

2009-S358 (ACTIVE) - Sponsor Memo

2009-S358 (ACTIVE) - Bill Text download pdf

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Sponsored By

Betty Little

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

2009-S358 (ACTIVE) - Details

2009-S358 (ACTIVE) - Summary

2009-S358 (ACTIVE) - Sponsor Memo

2009-S358 (ACTIVE) - Bill Text download pdf

Comments