NY State Senate Bill 2009-S3674

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to cultural affairs, tourism, parks and recreation
Mar 27, 2009	referred to cultural affairs, tourism, parks and recreation

co-Sponsors

2009-S3674 (ACTIVE) - Details

Current Committee:: Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Add Art 18 §§18.01 - 18.13, Pks & Rec L; add §97-j, St Fin L

2009-S3674 (ACTIVE) - Summary

Creates and implements the rebuild and renew New York state parks bond act; establishes the rebuild and renew New York state parks bond fund.

2009-S3674 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3674

 TITLE OF BILL :

An act creating the rebuild and renew New York state parks bond act of
2009; to amend the parks, recreation and historic preservation law, in
relation to implementing such bond act; and to amend the state finance
law, in relation to creating the rebuild and renew New York state
parks bond fund


 PURPOSE :

To authorize a statewide bond act for the purpose of improving,
enhancing, preserving and restoring the quality of the state's parks
infrastructure by the planning and design, construction,
reconstruction, replacement, improvement, reconditioning,
rehabilitation and preservation of the lands and facilities of the
Office of Parks, Recreation & Historic Preservation.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill describes the creation of the bond act.

Section 2 creates Article 18 of the Parks, Recreation arid Historic
Preservation Law implementing the Rebuild and Renew New York State

Parks Bond Act of 2010.

Section 3 of the bill creates a new §97-pppp of the State Finance Law
establishing the Rebuild and Renew New York State Parks Bond Fund in
the joint custody of the Commissioner of Taxation and Finance and the
State Comptroller to receive the proceeds of the sale of bonds and/or
notes pursuant to the bond act.

Sections 4, 5 and 6 are technical provisions.

Section 7 is the effective date.

 JUSTIFICATION :

New York's state park system is the nation's oldest, dating to the
creation of the Niagara Reservation in 1885.  Today it is operated by
the Office of Parks, Recreation & Historic Preservation (OPRHP), which
is responsible for some 211 sites and facilities, including 35
historic sites. Twenty-seven of the parks have been acquired since
1995, although a number of those are not yet open to the public,
generally because no facilities have been developed. The parks system
hosts nearly 55 million visitors a year.  It covers 325,000 acres and
includes more than 5,000 buildings, 28 golf courses, 53 swimming
pools, 76 beaches, 27 marinas, 40 boat-launch sites, 18 nature
centers, 817 cabins and 8,355 campsites - plus 1,350 miles of trails,
hundreds of miles of roads, 106 dams and 604 bridges. Many of these
features have historical and cultural significance. The system also
harbors some of the state's most important natural treasures,
including more than 900 occurrences of 359 different rare species and
natural community types and 504 separate populations of plants and
animals that are listed as state endangered or threatened. They
support the only known occurrences on public lands of 104 rare species
and natural community types, and they include 191 occurrences of
globally rare species and natural community types. More than 70 of our
state parks have significant geological features including the Niagara
Gorge, Shawangunk Ridge, the canyon at Letchworth, the waterfall at
Taughannock. There are nearly 200 lakes and ponds, and several large
contiguous forest tracts. The Office of Parks' official mission
statement recognizes its responsibility both to the visitors and to
the underlying resources - "to provide safe and enjoyable recreational
and interpretive opportunities for all New York State residents and
visitors, and to be responsible stewards of our valuable natural,
historic and cultural resources." Our park system is a profoundly
valuable legacy for this state - created for us by civic leaders,
philanthropists, public servants and taxpayers from generations past.
Like any legacy, it carries to succeeding generations and the
responsibility of sound stewardship. It is time for us to make the
essential investments to restore and enhance our state park system.
State support for the system has become virtually flat over time,
resulting in a shortfall of more than $140 million needed for
infrastructure projects, according to at least one prominent
conservation and recreation organization. Our parks are generally
well-maintained, and there have been significant capital improvements
in recent years - many made possible by the fact that out parks agency
and its leadership have proven extraordinarily adept at finding
non-taxpayer sources of funding.

But the state's failure to fully fund infrastructure spending has led
to visible, emerging problems that could easily get out of hand, if
repairs and upgrades are continually deferred. And some of the new
parks that have been announced or acquired in recent years have not
actually been opened. Parks & Trails New York* is a statewide,
non-profit advocate for parks, trails and recreation projects. To help
inform public understanding about the needs of our state parks, they
undertook a comprehensive, year-long study of the system. They
selected a geographically representative group of parks, from Hither
Hills in eastern Suffolk County to Long Point State Park on Chautauqua
Lake. They gave priority to the most heavily visited parks in each
region, and ended up reporting on 36 parks that together account for
64 percent of the park system's total visitors, and 59 percent of its
total acreage. In addition, they analyzed budget data, including
reports on infrastructure needs that have, and have not, been funded.
The report, issued at the end of 2006, is highly complimentary of the
Office of Parks and staff of dedicated parks employees. Nonetheless,
it reached the following findings:

* Damaged and/or inadequate bathrooms at some heavily used parks.
* Some major visitor facilities that have been shut down because of
health or other problems.
* Numerous buildings that were clearly overdue for a painting, or a
new roof -- needed repairs that will become more costly the longer
they are put off.
* Deteriorating pavement in parking lots at numerous parks - the kind
of problem that gets more expensive to fix, every year that work is
postponed.
* Some poorly kept playing fields, and deteriorating basketball and
tennis courts in some parks.
* Significant shortcomings in visitor information and interpretive
materials and programs, at many of the parks we visited.  * Problems
with wheelchair access to some facilities that could be made more
accessible.
* Inconsistent and confusing arrangements for trash disposal in some
parks, resulting in a few unsightly messes.
* And a general feeling that assets at numerous parks - ranging from
the paddle tennis courts at Jones Beach, to the picnic facilities at
Verona Beach - have an outdated, almost tired look about them. The
reports highly critical of the state's neglect describing emerging
problems that are an outgrowth of fiscal strains on the park system
that have developed over 15 years, or longer. Staffing levels have
remained flat and capital funds - the monies that upgrade and repair
basic visitor facilities like roads and trails, bathrooms and nature
centers, swimming pools and playing fields - have grown even more
slowly than the operational budget. In response to this crunch, OPRHP
has worked creatively to increase the revenues generated by fees,
sponsorships, concessions and other sources. But the agency's very
success at revenue-raising has made it all too tempting for state
budget-makers to hold back on taxpayer-funded support for the parks.
Meanwhile a new funding mechanism created in the expectation that it
would provide a dedicated stream of revenues for parks infrastructure
projects has, in practice, allowed the diversion of tens of millions
of dollars from infrastructure to operations. The result of all this
is a backlog of infrastructure projects that adds up to at least $140
million; an agency that is too strained to actually develop all of the
new parks that the state is proud to have acquired; and an emerging
threat that the condition of our parks could seriously deteriorate, if
the situation is not addressed. Our parks are, truly, at a turning
point - one New York State must address in the years immediately
ahead.

Good parks are vital to the quality of life of individual citizens and
families, and they deliver broad economic and other benefits to the
state as a whole. New York must accept the challenge of investing
wisely in its park system. We cannot afford to squander the priceless
legacy that our state park system represents. With our growing
understanding of the importance of environmental protection and of
healthy lifestyles - and with the state leveraging quality of life as
one of its key assets in the effort to grow our economy - the park
system matters today more than ever before.
* Much of this justification is paraphrased or taken in whole or in
part from Parks at a Turning Point, Restoring and Enhancing New York's
State Park System, Parks (Parks & Trails NEW YORK, November, 2006
(www. ptny.org).

 PRIOR LEGISLATIVE HISTORY :
2008: S.7953 TOURISM, RECREATION AND SPORTS DEVELOPMENT

 FISCAL IMPLICATIONS :
Creation of a state debt in an amount not to exceed in the aggregate
up to $500,000,000.

 EFFECTIVE DATE :
This act shall take effect immediately, provided that the provisions
of section one of this act shall not take effect unless and until this
act shall have been submitted to the people at the general election to
be held in November 2010 and shall have been approved by a majority of
all votes cast for and against it at such election. Upon approval by
the people, section one of this act shall take effect immediately. The
ballots to be furnished for the use of voters upon submission of this
act shall be in the form prescribed by the election law and the
proposition or question to be submitted shall be printed thereon in
substantially the following form, namely "To promote and assure the
preservation, renewal and improvement of the state's parks for the
benefit of the people of the state, shall section one of chapter (here
insert the chapter number) of the law of two thousand eight, enacting
and constituting the "REBUILD AND RENEW NEW YORK STATE PARKS BOND ACT.
OF 2010" (name of act to be in bold upper case legend so as to be
prominently set out on the ballot) authorizing the creation of a state
debt in the amount of five hundred million dollars ($500,000,000) for
the purpose of improving, enhancing, preserving and restoring "the
quality of the state's parks infrastructure by the planning and
design, construction, reconstruction, replacement, improvement,
reconditioning, rehabilitation and preservation of the lands and
facilities of the Department of Parks, Recreation & Historic
Preservation, be approved?".

2009-S3674 (ACTIVE) - Bill Text download pdf

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

                                  3674

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 27, 2009
                               ___________

Introduced  by  Sens. FLANAGAN, HANNON, LAVALLE, MORAHAN, VOLKER -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Cultural Affairs, Tourism, Parks and Recreation

AN  ACT  creating the rebuild and renew New York state parks bond act of
  2009; to amend the parks, recreation and historic preservation law, in
  relation to implementing such bond act; and to amend the state finance
  law, in relation to creating the rebuild  and  renew  New  York  state
  parks bond fund

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

  Section 1. 1.  Short title. This section shall be  known  and  may  be
cited as the "rebuild and renew New York state parks bond act of 2009".
  2. Creation of a state debt. The creation of a state debt to an amount
not  exceeding  in  the  aggregate  up  to  five hundred million dollars
($500,000,000) is hereby authorized to provide moneys for  the  purposes
of  improving,  enhancing,  preserving  and restoring the quality of the
state's parks infrastructure by the planning and  design,  construction,
reconstruction, replacement, improvement, reconditioning, rehabilitation
and  preservation  of  the  lands and facilities of the office of parks,
recreation and historic preservation as well as the land and  facilities
within  the jurisdiction of the office of parks, recreation and historic
preservation.
  3. Bonds of the state. The state comptroller is hereby authorized  and
empowered  to issue and sell bonds of the state up to the amount of five
hundred million dollars ($500,000,000) for  the  purpose  of  this  act,
subject  to  the  provisions  of article 5 of the state finance law. The
aggregate principal amount of such bonds shall not exceed  five  hundred
million  dollars  ($500,000,000)  excluding  bonds  issued  to refund or
otherwise repay bonds heretofore  issued  for  such  purpose;  provided,
however,  that upon any such refunding or repayment, the total aggregate
principal amount of outstanding bonds may be greater than  five  hundred

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06735-01-9

S. 3674                             2

million  dollars  ($500,000,000) only if the present value of the aggre-
gate debt service of the refunding or repayment bonds to be issued shall
not exceed the present value of the aggregate debt service of the  bonds
to be refunded or repaid. The method for calculating present value shall
be determined by law.
  4.  Use  of moneys received. The moneys received by the state from the
sale of bonds sold pursuant to this act shall be expended in the follow-
ing amounts, pursuant to annual appropriations:
  a. for the planning and design, construction, reconstruction, replace-
ment, improvement, reconditioning, rehabilitation and  preservation,  of
existing  projects of the office of parks, recreation and historic pres-
ervation that have not been completed,  three  hundred  million  dollars
($300,000,000);
  b.  for  the  remediation  of the former Kings Park psychiatric center
campus, ten million dollars ($10,000,000); and
  c. to be allocated pursuant to a  formula  to  be  determined  by  the
commissioner  of parks, recreation and historic preservation, in consul-
tation with the director of  the  budget,  one  hundred  ninety  million
dollars ($190,000,000).
  S 2. The parks, recreation and historic preservation law is amended by
adding a new article 18 to read as follows:
                               ARTICLE 18
         IMPLEMENTATION OF THE REBUILD AND RENEW NEW YORK STATE
                         PARKS BOND ACT OF 2009
SECTION 18.01. EXPENDITURE OF MONEYS.
        18.03. DEFINITIONS.
        18.05. POWERS AND DUTIES OF THE COMMISSIONER.
        18.07. CONTRACTS FOR PARKS INFRASTRUCTURE PROJECTS.
        18.09. MAINTENANCE OF RECORDS.
        18.11. CONSISTENCY WITH FEDERAL TAX LAW.
        18.13. COMPLIANCE WITH OTHER LAW.
  S 18.01 EXPENDITURE OF MONEYS. 1. IN ACCORDANCE WITH THE PROVISIONS OF
THIS  ARTICLE AUTHORIZING THE CREATION OF GENERAL OBLIGATION DEBT IN THE
AMOUNT OF  FIVE  HUNDRED  MILLION  DOLLARS  ($500,000,000),  THE  MONEYS
RECEIVED  BY  THE  STATE  FROM  THE  SALE OF BONDS AND/OR NOTES SHALL BE
EXPENDED FOR USES ELIGIBLE PURSUANT TO THIS ARTICLE PURSUANT  TO  ANNUAL
APPROPRIATIONS AS FOLLOWS:
  A. FOR THE PLANNING AND DESIGN, CONSTRUCTION, RECONSTRUCTION, REPLACE-
MENT,  IMPROVEMENT,  RECONDITIONING, REHABILITATION AND PRESERVATION, OF
EXISTING PROJECTS OF THE OFFICE THAT  HAVE  NOT  BEEN  COMPLETED,  THREE
HUNDRED MILLION DOLLARS ($300,000,000);
  B.  FOR  THE  REMEDIATION  OF THE FORMER KINGS PARK PSYCHIATRIC CENTER
CAMPUS, TEN MILLION DOLLARS ($10,000,000); AND
  C. TO BE ALLOCATED PURSUANT TO A  FORMULA  TO  BE  DETERMINED  BY  THE
COMMISSIONER,  IN  CONSULTATION  WITH  THE  DIRECTOR  OF THE BUDGET, ONE
HUNDRED NINETY MILLION DOLLARS ($190,000,000).
  2. PROGRAM DISTRIBUTION. A. THE MONEYS RECEIVED BY THE STATE FROM  THE
SALE  OF  BONDS SOLD PURSUANT TO THIS ARTICLE FOR USES ELIGIBLE PURSUANT
TO PARAGRAPH A OF SUBDIVISION FOUR OF SECTION ONE OF THE CHAPTER OF  THE
LAWS  OF TWO THOUSAND NINE THAT ADDED THIS ARTICLE SHALL BE EXPENDED FOR
THE FOLLOWING PARKS PROGRAMS, PURSUANT TO ANNUAL  APPROPRIATIONS:  THREE
HUNDRED  MILLION  DOLLARS  ($300,000,000)  FOR  THE PLANNING AND DESIGN,
CONSTRUCTION, RECONSTRUCTION, REPLACEMENT, IMPROVEMENT,  RECONDITIONING,
REHABILITATION AND PRESERVATION, OF EXISTING PROJECTS OF THE OFFICE THAT
HAVE NOT BEEN COMPLETED.

S. 3674                             3

  B. THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS SOLD PURSU-
ANT  TO THIS ARTICLE FOR USES ELIGIBLE PURSUANT TO PARAGRAPH B OF SUBDI-
VISION FOUR OF SECTION ONE OF THE CHAPTER OF THE LAWS  OF  TWO  THOUSAND
NINE  THAT  ADDED THIS ARTICLE SHALL BE EXPENDED FOR THE FOLLOWING PARKS
PROGRAMS,   PURSUANT  TO  ANNUAL  APPROPRIATIONS:  TEN  MILLION  DOLLARS
($10,000,000) FOR THE REMEDIATION OF THE FORMER KINGS  PARK  PSYCHIATRIC
CENTER CAMPUS.
  C. THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS SOLD PURSU-
ANT  TO THIS ARTICLE FOR USES ELIGIBLE PURSUANT TO PARAGRAPH C OF SUBDI-
VISION FOUR OF SECTION ONE OF THE CHAPTER OF THE LAWS  OF  TWO  THOUSAND
NINE  THAT  ADDED THIS ARTICLE SHALL BE EXPENDED FOR THE FOLLOWING PARKS
PROGRAMS, PURSUANT TO ANNUAL APPROPRIATIONS: ONE HUNDRED NINETY  MILLION
DOLLARS  ($190,000,000)  TO  BE  ALLOCATED  PURSUANT  TO A FORMULA TO BE
DETERMINED BY THE COMMISSIONER, IN CONSULTATION WITH THE DIRECTOR OF THE
BUDGET.
  S 18.03 DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "PARKS INFRASTRUCTURE PROJECT" SHALL MEAN A PROJECT UNDERTAKEN WITH
FUNDS  PROVIDED  IN  WHOLE  OR  IN PART BY THIS ARTICLE, FOR THOSE PARKS
PROGRAMS SET FORTH IN PARAGRAPH A OF SUBDIVISION ONE OF SECTION 18.01 OF
THIS ARTICLE.
  2. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF PARKS, RECREATION AND
HISTORIC PRESERVATION OF THE STATE OF NEW YORK.
  3. "OFFICE" SHALL MEAN THE OFFICE OF PARKS,  RECREATION  AND  HISTORIC
PRESERVATION OF THE STATE OF NEW YORK.
  4.  "FEDERAL  ASSISTANCE"  SHALL MEAN FUNDS AVAILABLE FROM THE FEDERAL
GOVERNMENT FOR ANY PARKS INFRASTRUCTURE PROJECT.
  5. "BOND PROCEEDS" SHALL MEAN MONEYS RECEIVED BY THE  STATE  FROM  THE
SALE  OF  BONDS  AND/OR NOTES SOLD PURSUANT TO THIS ARTICLE FOR USES SET
FORTH IN PARAGRAPH A OF SUBDIVISION FOUR OF SECTION ONE OF  THE  CHAPTER
OF THE LAWS OF TWO THOUSAND NINE THAT ADDED THIS ARTICLE.
  S  18.05  POWERS  AND DUTIES OF THE COMMISSIONER. IN ADDITION TO OTHER
POWERS PROVIDED FOR IN LAW, THE COMMISSIONER IS HEREBY AUTHORIZED:
  1. TO PROVIDE FOR THE ACCOMPLISHMENT OF ANY AUTHORIZED  PARKS  INFRAS-
TRUCTURE  PROJECT,  WITHIN  THE  LIMITATIONS OF APPROPRIATIONS AVAILABLE
THEREFOR, PURSUANT TO  A  CONTRACT  BETWEEN  THE  COMMISSIONER  AND  ANY
PERSON,  FIRM,  CORPORATION,  AGENCY OR OTHER ENTITY, PRIVATE OR GOVERN-
MENTAL, UNDERTAKING SUCH PROJECT.
  2. TO UTILIZE FEDERAL MONEYS AVAILABLE OR WHICH MAY  BECOME  AVAILABLE
TO THE STATE IN THE FORM OF FEDERAL ASSISTANCE FOR THE PURPOSE OF EFFEC-
TUATING THE PROVISIONS OF THIS ARTICLE.
  3.  TO ENTER INTO CONTRACTS WITH ANY PERSON, FIRM, CORPORATION, AGENCY
OR OTHER ENTITY, PRIVATE OR GOVERNMENTAL, FOR THE PURPOSE OF  EFFECTUAT-
ING THE PROVISIONS OF THIS ARTICLE.
  4.  TO  APPROVE VOUCHERS FOR THE PAYMENT OF STATE FINANCIAL ASSISTANCE
TO ANY PERSON, FIRM, CORPORATION OR  AGENCY,  PRIVATE  OR  GOVERNMENTAL,
PURSUANT  TO  CONTRACTS  FOR  THE ACCOMPLISHMENT OF PARKS INFRASTRUCTURE
PROJECTS.
  5. TO PROMULGATE SUCH RULES AND REGULATIONS, AND TO DEVELOP SUCH FORMS
AND PROCEDURES AS HE OR SHE  MAY  DEEM  APPROPRIATE  TO  EFFECTUATE  THE
PROVISIONS  OF  THIS  ARTICLE, INCLUDING BUT NOT LIMITED TO REQUIREMENTS
FOR THE FORM, CONTENT AND SUBMISSION  OF  APPLICATIONS  BY  ANY  PERSON,
FIRM,  CORPORATION, AGENCY OR OTHER ENTITY, PRIVATE OR GOVERNMENTAL, FOR
THE PURPOSE OF EFFECTUATING THE PROVISIONS OF THIS ARTICLE.

S. 3674                             4

  6. TO PERFORM SUCH OTHER AND ADDITIONAL ACTS AS HE OR SHE DEEMS NECES-
SARY OR DESIRABLE TO EFFECTIVELY CARRY OUT THE PROVISIONS OF THIS  ARTI-
CLE.
  S  18.07  CONTRACTS  FOR  PARKS  INFRASTRUCTURE PROJECTS. ANY CONTRACT
BETWEEN THE COMMISSIONER AND ANY PERSON, FIRM,  CORPORATION,  AGENCY  OR
OTHER ENTITY, PRIVATE OR GOVERNMENTAL MAY INCLUDE SUCH PROVISIONS AS MAY
BE  AGREED UPON BY THE PARTIES THERETO, AND SHALL INCLUDE, IN SUBSTANCE,
THE FOLLOWING:
  1. AN ESTIMATE OF THE REASONABLE COST OF THE PROJECT AS DETERMINED  BY
THE COMMISSIONER;
  2. AN AGREEMENT BY THE COMMISSIONER TO PAY TO THE PERSON, FIRM, CORPO-
RATION,  AGENCY  OR  OTHER  ENTITY,  PRIVATE  OR GOVERNMENTAL DURING THE
PROGRESS OF CONSTRUCTION OR  FOLLOWING  COMPLETION  OF  CONSTRUCTION  AN
AMOUNT AS MAY BE AGREED UPON BY THE PARTIES;
  3.  AN  AGREEMENT  BY  THE  PERSON, FIRM, CORPORATION, AGENCY OR OTHER
ENTITY, PRIVATE OR GOVERNMENTAL:
  A. TO PROCEED EXPEDITIOUSLY WITH AND COMPLETE THE PROJECT AS  APPROVED
BY THE COMMISSIONER,
  B.  TO  APPLY  FOR AND/OR MAKE REASONABLE EFFORTS TO SECURE FEDERAL OR
PRIVATE ASSISTANCE, IF ANY, FOR THE PROJECT.
  S 18.09 MAINTENANCE OF RECORDS. IN CONNECTION WITH EACH CONTRACT,  THE
COMMISSIONER SHALL KEEP ADEQUATE RECORDS OF THE AMOUNT OF THE PAYMENT BY
THE STATE, THE AMOUNT OF FEDERAL OR PRIVATE ASSISTANCE, IF ANY, RECEIVED
BY  THE  PERSON,  FIRM,  CORPORATION, AGENCY OR OTHER ENTITY, PRIVATE OR
GOVERNMENTAL, FOR THE PROJECT, AND OF ALL MONEYS EXPENDED BY THE PERSON,
FIRM, CORPORATION, AGENCY OR OTHER ENTITY, PRIVATE OR GOVERNMENTAL,  FOR
SUCH  PROJECT. THE COMMISSIONER SHALL HAVE AUTHORITY TO CARRY OUT, OR TO
CAUSE TO BE CARRIED OUT, AUDITS OF SUCH CONTRACTS AND  RECORDS  PURSUANT
TO RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER.
  S  18.11  CONSISTENCY WITH FEDERAL TAX LAW. ALL ACTIONS TAKEN PURSUANT
TO THIS ARTICLE SHALL BE REVIEWED FOR CONSISTENCY WITH PROVISIONS OF THE
FEDERAL INTERNAL REVENUE CODE AND REGULATIONS THEREUNDER, IN  ACCORDANCE
WITH  PROCEDURES  ESTABLISHED IN CONNECTION WITH THE ISSUANCE OF ANY TAX
EXEMPT BONDS PURSUANT TO THIS ARTICLE, TO PRESERVE THE TAX EXEMPT STATUS
OF SUCH BONDS.
  S 18.13 COMPLIANCE WITH OTHER LAW. EVERY RECIPIENT OF FUNDS TO BE MADE
AVAILABLE PURSUANT TO THIS ARTICLE  SHALL  COMPLY  WITH  ALL  APPLICABLE
STATE, FEDERAL AND LOCAL LAWS.
  S  3. The state finance law is amended by adding a new section 97-j to
read as follows:
  S 97-J. REBUILD AND RENEW NEW YORK STATE PARKS BOND FUND. 1.  THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE
"REBUILD AND RENEW NEW YORK STATE PARKS BOND FUND".
  2.  THE  COMPTROLLER  SHALL  ESTABLISH  AT  LEAST  THREE  SEPARATE AND
DISTINCT ACCOUNTS WITHIN THE REBUILD AND RENEW NEW YORK STATE PARKS BOND
FUND AS FOLLOWS, WHICH SHALL  INCLUDE  THE  FOLLOWING:  (A)  AN  ACCOUNT
CONTAINING  ALL  MONEYS  RECEIVED  BY  THE  STATE FROM THE SALE OF BONDS
AND/OR NOTES FOR USES ELIGIBLE PURSUANT TO PARAGRAPH  A  OF  SUBDIVISION
FOUR OF SECTION ONE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND NINE THAT
ADDED THIS SECTION; (B) AN ACCOUNT CONTAINING ALL MONEYS RECEIVED BY THE
STATE  FROM THE SALE OF BONDS AND/OR NOTES FOR USES ELIGIBLE PURSUANT TO
PARAGRAPH B OF SUBDIVISION FOUR OF SECTION ONE OF  THE  CHAPTER  OF  THE
LAWS  OF  TWO  THOUSAND NINE THAT ADDED THIS SECTION; AND (C) AN ACCOUNT
CONTAINING ALL MONEYS RECEIVED BY THE  STATE  FROM  THE  SALE  OF  BONDS
AND/OR  NOTES  FOR  USES ELIGIBLE PURSUANT TO PARAGRAPH C OF SUBDIVISION

S. 3674                             5

FOUR OF SECTION ONE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND NINE THAT
ADDED THIS SECTION.
  3.  MONEYS IN ANY ACCOUNT OF THIS FUND, FOLLOWING APPROPRIATION BY THE
LEGISLATURE AND ALLOCATION BY THE  DIRECTOR  OF  THE  BUDGET,  SHALL  BE
AVAILABLE  ONLY  FOR  REIMBURSEMENT  OF EXPENDITURES MADE FROM APPROPRI-
ATIONS FROM THE CAPITAL PROJECTS FUND FOR THE PURPOSE OF THIS  FUND,  AS
SET  FORTH  IN  ARTICLE  EIGHTEEN  OF THE PARKS, RECREATION AND HISTORIC
PRESERVATION LAW.
  4. NO MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES
SOLD PURSUANT TO ARTICLE EIGHTEEN OF THE PARKS, RECREATION AND  HISTORIC
PRESERVATION  LAW SHALL BE EXPENDED FOR ANY PROJECT UNTIL FUNDS THEREFOR
HAVE BEEN ALLOCATED PURSUANT TO  THE  PROVISIONS  OF  THIS  SECTION  AND
COPIES  OF THE APPROPRIATE CERTIFICATES OF APPROVAL FILED WITH THE CHAIR
OF THE SENATE FINANCE COMMITTEE, THE CHAIR  OF  THE  ASSEMBLY  WAYS  AND
MEANS COMMITTEE AND THE STATE COMPTROLLER.
  S 4. The comptroller is authorized to receive, hold and disburse funds
deposited  with the comptroller by any public or private source pursuant
to an agreement entered pursuant to this act for a project  financed  in
part  from  the  proceeds  of bonds and/or notes issued pursuant to this
act.  Any such private funds deposited with the comptroller shall not be
deemed funds of the state and, notwithstanding section 4  of  the  state
finance  law, the comptroller may disburse such funds, without an appro-
priation thereof, if such disbursement is consistent  with  such  agree-
ment.
  S  5.  It  is the intent of the governor of the state of New York, the
temporary president of the senate and the speaker  of  the  assembly  to
enter  into at least one memorandum of understanding with respect to the
implementation of paragraph c of subdivision 1 of section 18.01  of  the
parks,  recreation  and historic preservation law, no later than June 1,
2010. Nothing herein shall preclude the governor of  the  state  of  New
York  and  the  temporary president of the senate and the speaker of the
assembly from agreeing to prepare additional memoranda of  understanding
as  may be needed to implement this act.  Any memoranda of understanding
prepared  pursuant  to  this  section  shall  be  consistent  with   the
provisions of article 18 of the parks, recreation and historic preserva-
tion  law  and  shall  include at a minimum projects for which funds are
committed pursuant to an appropriation contained in  a  chapter  of  the
laws of 2009.
  S 6. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 7. This  act  shall  take  effect  immediately,  provided  that  the
provisions  of  section one of this act shall not take effect unless and
until this act shall have been submitted to the people  at  the  general
election  to  be held in November 2009 and shall have been approved by a
majority of all votes cast for and against it  at  such  election.  Upon
approval  by the people, section one of this act shall take effect imme-
diately. The ballots  to  be  furnished  for  the  use  of  voters  upon
submission  of  this act shall be in the form prescribed by the election
law and the proposition or question to be  submitted  shall  be  printed

S. 3674                             6

thereon  in  substantially  the  following  form, namely "To promote and
assure the preservation, renewal and improvement of  the  state's  parks
for the benefit of the people of the state, shall section one of a chap-
ter  of  the  laws  of  two thousand nine, enacting and constituting the
"REBUILD AND RENEW NEW YORK STATE PARKS BOND ACT  OF  2009"  authorizing
the  creation  of  a  state  debt  in the amount of five hundred million
dollars ($500,000,000) for the construction, improvement, reconditioning
and preservation of parks infrastructure and facilities, be approved?"

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Senate Bill S3674

Sponsored By

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

co-Sponsors

2009-S3674 (ACTIVE) - Details

2009-S3674 (ACTIVE) - Summary

2009-S3674 (ACTIVE) - Sponsor Memo

2009-S3674 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3674

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Sponsored By

John J. Flanagan

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

co-Sponsors

Kemp Hannon

Kenneth P. LaValle

Thomas P. Morahan

Dale M. Volker

2009-S3674 (ACTIVE) - Details

2009-S3674 (ACTIVE) - Summary

2009-S3674 (ACTIVE) - Sponsor Memo

2009-S3674 (ACTIVE) - Bill Text download pdf

Comments