senate Bill S917

2013-2014 Legislative Session

Requires the commissioner of parks, recreation and historic preservation to acquire the mineral interests under all land acquired or received by him or her

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to cultural affairs, tourism, parks and recreation
Jan 09, 2013 referred to cultural affairs, tourism, parks and recreation

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S917 - Bill Details

See Assembly Version of this Bill:
A5803
Current Committee:
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Amd §3.17, Pks & Rec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2748, A5676
2009-2010: S7892, A10642

S917 - Bill Texts

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Requires the commissioner of parks, recreation and historic preservation to acquire the mineral interests under all land acquired or received by the state for the office of parks, recreation and historic preservation, unless the commissioner of parks, recreation and historic preservation finds that the land is of great significance and importance to the state.

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BILL NUMBER:S917

TITLE OF BILL:
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

PURPOSE OF THE BILL:
The purpose of the bill is to ensure that OPRHP acquires the minerals
rights when acquiring property for state park, historic preservation
and other uses under its jurisdiction. The bill provides for certain
exceptions for lands of great significance and importance.

SUMMARY OF PROVISIONS:
The bill amends Section 3.17, Subdivision 1 of the Parks, Recreation
and Historic preservation Law, to require that real property
acquired, received, held or administered by the OPRHP commissioner
include the mineral rights on and under such lands. The bill does
allow acquisition and acceptance of lands of great significant and
importance without the mineral rights. Such acquisitions or
acceptances would be subject an analytical report prepared by OPRHP,
that justifies and provides the rationale for such acquisition"
including but not limited to a description of the property, the
significance and importance or the land to the state, and the
economic benefits and impacts and local impacts of acquiring such
property. ORPHP would be required to hold one or more public
hearings, including at least one in the impacted area, and to publish
such actions in the Environmental Notice Bulletin at least one month
prior to the hearing.

JUSTIFICATION:
In the past, OPRHP has acquired or accepted lands for state park
purposes without acquiring the mineral rights on or under such lands.
These mineral rights can be utilized, for example, for extraction of
materials such as oil and gas. Such activities can have a significant
adverse affect on the dedicated use of the lands (e.g. parks,
historic sites, etc.) and are inconsistent with the dedicated purpose
of the lands. This bill seeks to correct such problems by limiting
future acquisitions to those which include mineral rights on or
under the lands. An exception is provided for lands for great
significance and importance, in which case the acquisition/acceptance
would be subject to an in-depth analysis and report of potential
impacts by OPRHP and public review.

PRIOR LEGISLATIVE HISTORY:
2009/2010: Senate Reported and Committed to Finance.
Assembly Referred to Environmental Conservation.
2011/2012: S.2748

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
The bill may have some effect on the cost of acquiring lands for the
State Parks system, historic sites and other facilities administered
by OPRHP.


There would costs associated with the preparation of the report and
the public hearings.

EFFECTIVE DATE:
This act would take effect immediately and apply to real property
acquired or received on or after such date.

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

                                   917

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00523-01-3

S. 917                              2

JUSTIFICATION  AND THE RATIONALE FOR SUCH PROPERTY ACQUISITION, NOTWITH-
STANDING THE LACK OF THE  MINERAL  RIGHTS  THERETO,  INCLUDING  BUT  NOT
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.

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