Assembly Bill A4601

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4601
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced  by M. of A. ENGLEBRIGHT, RAMOS, THIELE -- Multi-Sponsored by
   -- M. of A.  COLTON -- read once and  referred  to  the  Committee  on
   Environmental 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.
   §  2.  The  environmental  conservation law is amended by adding a new
 section 49-0212 to read as follows:
 § 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.
              

                                                            LBD09065-01-7

 A. 4601                             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.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.