S T A T E   O F   N E W   Y O R K
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                                  5425

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2015
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, RAMOS, THIELE -- Multi-Sponsored by
  -- M. of A. COLTON -- read once and referred to the Committee on Envi-
  ronmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  accountability  and special disclosure in state authorized or assisted
  county, town or village acquisition of land for open  space,  environ-
  mental and/or historic preservation

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

  Section 1. Legislative declaration.  Through  authorizations  to  tax,
incur  debt,  and  appropriation of state funds for the purposes of open
space acquisition, the state has facilitated the  ability  of  counties,
towns  and  villages  to finance open space acquisition.  The process of
open space acquisition is complex and susceptible to questions of  fair-
ness and appropriateness in instances of particular public land acquisi-
tions.  Therefore,  the legislature declares its intention to provide in
this act for accountability and special disclosure for open space acqui-
sition transactions authorized or assisted by the state.
  S 2. The environmental conservation law is amended  by  adding  a  new
section 49-0212 to read as follows:
S  49-0212.  ACCOUNTABILITY  AND  SPECIAL  DISCLOSURE IN COUNTY, TOWN OR
              VILLAGE OPEN SPACE TRANSACTIONS.
  1. THE COUNTY EXECUTIVE, TOWN SUPERVISOR,  MAYOR  OR  CHIEF  EXECUTIVE
OFFICER  OF  ANY  COUNTY, TOWN OR VILLAGE WHICH PURCHASES AN INTEREST IN
LAND FOR OPEN SPACE, ENVIRONMENTAL AND/OR HISTORIC PRESERVATION PURPOSES
OR PARK PURPOSES SHALL SIGN A FINDING (HEREINAFTER REFERRED TO  IN  THIS
SECTION  AS THE "FINDING") AS PROVIDED FOR IN THIS SECTION FOR EACH SUCH
TRANSACTION IN WHICH THE RESPECTIVE COUNTY, TOWN OR VILLAGE IS A  PARTY.
SUCH FINDING SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
  A.  THAT  THE  LAND  OR  EASEMENT ACQUIRED IS SUITABLE FOR OPEN SPACE,
ENVIRONMENTAL AND/OR HISTORIC PRESERVATION PURPOSES AND CONSISTENT  WITH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09021-01-5
              

A. 5425                             2

THE COUNTY'S, TOWN'S OR VILLAGE'S OPEN SPACE, ENVIRONMENTAL AND HISTORIC
PRESERVATION PRESERVATION POLICY AND PUBLIC NEED;
  B.  THAT  THE LAND ACQUISITION PROCESS WAS COMPLETE AND FAIR INCLUDING
THE USE OF AN INDEPENDENT  PROFESSIONAL  APPRAISER  IN  DETERMINING  THE
VALUE  OF  THE  LAND  OR EASEMENT, OR, WHERE AN INDEPENDENT PROFESSIONAL
APPRAISER WAS NOT USED, THE REASON THEREFOR;
  C. THAT IN THE CASE OF A PURCHASE, WHERE THE  PURCHASE  PRICE  EXCEEDS
THE  APPRAISED  VALUE  AS DETERMINED BY THE APPRAISAL, WHY SUCH PURCHASE
PRICE IS IN THE PUBLIC INTEREST; AND
  D. THAT ALL COUNTY, TOWN OR VILLAGE LAWS AND PROCEDURES REGARDING LAND
ACQUISITIONS HAVE BEEN FULLY FOLLOWED AND DOCUMENTED, INCLUDING A LOG OF
ALL CONVERSATIONS RELATING TO THE TRANSACTION AND ALL INFORMATION ON THE
COUNTY'S, TOWN'S OR VILLAGE'S ACQUISITION ARE AVAILABLE TO THE PUBLIC.
  SUCH FINDING SHALL BE SIGNED AND FILED  WITH  THE  APPROPRIATE  COUNTY
CLERK,  TOWN  CLERK OR VILLAGE CLERK NOT LATER THAN SEVEN DAYS AFTER THE
ACQUISITION TRANSACTION SHALL HAVE BEEN DEEMED TO BE COMPLETE.
  2. IN ADDITION TO THE OTHER PROVISIONS FOR MAINTENANCE AND AVAILABILI-
TY OF PUBLIC RECORDS AND UPON COMPLETION OF AN OPEN SPACE LAND OR  EASE-
MENT  TRANSACTION COVERED BY THE PROVISIONS OF THIS SECTION, A FILE WITH
ALL RECORDS  AND  INFORMATION  RELATING  TO  THE  TRANSACTION  INCLUDING
APPRAISALS,  NOTES,  INTERNAL  MEMORANDA  AND  ALL  OTHER CORRESPONDENCE
RELATING THERETO SHALL BE READILY AVAILABLE FOR PUBLIC INSPECTION AT THE
APPROPRIATE COUNTY, TOWN OR VILLAGE CLERK'S OFFICE  FOR  NOT  LESS  THAN
NINETY DAYS FOLLOWING THE COMPLETION OF THE TRANSACTION.
  3.  THE  APPROPRIATE  COUNTY  CLERK, TOWN CLERK OR VILLAGE CLERK SHALL
PUBLISH IN THE NEWSPAPER OF RECORD FOR THE RESPECTIVE  COUNTY,  TOWN  OR
VILLAGE  A  NOTICE  OF EACH ACQUISITION TRANSACTION WITHIN SEVEN DAYS OF
THE FILING OF THE FINDING. SUCH NOTICE SHALL STATE THAT INFORMATION  AND
RECORDS ON SUCH TRANSACTION ARE AVAILABLE TO THE PUBLIC AT THE OFFICE OF
THE RESPECTIVE COUNTY CLERK, TOWN CLERK OR VILLAGE CLERK.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.