S T A T E   O F   N E W   Y O R K
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                                  3051--A
     Cal. No. 182
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2017
                                ___________
 
 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  --  reported  favorably  from  said  committee,
   ordered  to  first  and  second  report,  ordered  to a third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 AN  ACT to amend the parks, recreation and historic preservation law, in
   relation to the reporting of alienation of municipal parkland
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  parks,  recreation  and historic preservation law is
 amended by adding a new article 16 to read as follows:
                                ARTICLE 16
                       MUNICIPAL PARKLAND ALIENATION
 SECTION 16.01 DEFINITIONS.
         16.03 PARKLAND ALIENATION REPORTING.
         16.05 PARKLAND ALIENATION ENFORCEMENT.
   § 16.01 DEFINITIONS. WHEN USED IN THIS ARTICLE:
   1. "MUNICIPAL PARKLAND" SHALL MEAN REAL PROPERTY OR INTERESTS  THEREIN
 THAT  IS  OWNED BY A MUNICIPALITY THAT PROVIDES PUBLIC PARK, RECREATION,
 OR OPEN SPACE PROTECTION PURPOSES. MUNICIPAL  PARKLAND  INCLUDES:  LANDS
 THAT HAVE BEEN DEDICATED FOR SUCH PURPOSES BY THE MUNICIPALITY THROUGH A
 FORMAL  RESOLUTION  OR SIMILAR ACTION; LANDS THAT HAVE BEEN PURCHASED OR
 ACCEPTED FOR SUCH PURPOSES; OR LANDS THAT CURRENTLY OR HISTORICALLY HAVE
 BEEN AVAILABLE TO AND USED BY THE PUBLIC FOR SUCH PURPOSES.
   2. "MUNICIPAL PARKLAND ALIENATION" SHALL MEAN ANY ACTION BY A  MUNICI-
 PALITY TO SELL, LEASE, DISCONTINUE, OR CHANGE THE USE OF MUNICIPAL PARK-
 LAND.
   3.  "MUNICIPALITY"  SHALL  MEAN  A  COUNTY, TOWN, CITY, OR VILLAGE. IT
 SHALL ALSO MEAN A SCHOOL DISTRICT  OR  OTHER  POLITICAL  SUBDIVISION  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03244-03-7

 S. 3051--A                          2
 
 INSTANCES  WHERE SUCH ENTITY HAS OBTAINED STATE OR FEDERAL GRANT FUNDING
 FOR THE CREATION OF MUNICIPAL PARKLAND.
   4. "PARKLAND ALIENATION LEGISLATION" SHALL MEAN LEGISLATION INTRODUCED
 IN THE STATE LEGISLATURE AUTHORIZING A MUNICIPALITY TO ALIENATE PARKLAND
 UNDER ITS JURISDICTION.
   §  16.03  PARKLAND  ALIENATION  REPORTING.  ANY  MUNICIPALITY THAT HAS
 RECEIVED ALIENATION AUTHORIZATION THROUGH ENACTMENT OF  MUNICIPAL  PARK-
 LAND ALIENATION LEGISLATION SHALL SUBMIT A REPORT TO THE OFFICE NO LATER
 THAN  DECEMBER THIRTY-FIRST OF THE CALENDAR YEAR FOLLOWING THE ENACTMENT
 OF THE LEGISLATION. SUCH REPORT SHALL BE SIGNED  BY  THE  MUNICIPALITY'S
 CHIEF EXECUTIVE OFFICER AND SHALL INCLUDE:
   1.  A  NARRATIVE  DESCRIPTION OF THE STATUS OF THE PARKLAND ALIENATION
 ACTIONS AUTHORIZED AND REQUIRED IN THE LEGISLATION; AND
   2. AN ATTESTATION THAT THE MUNICIPALITY HAS COMPLIED WITH  ALL  CONDI-
 TIONS  OF  THE PARKLAND ALIENATION LEGISLATION, INCLUDING THE DEDICATION
 OF ANY REQUIRED REPLACEMENT PARKLAND OR, IN THE CASE  OF  UTILITY  EASE-
 MENTS, THE DEDICATION OF FUNDING FOR THE ACQUISITION OF ADDITIONAL PARK-
 LAND OR CAPITAL IMPROVEMENTS TO EXISTING PARKLAND FACILITIES; OR
   3.  IN  THE EVENT THAT ANY CONDITION OF THE PARKLAND ALIENATION LEGIS-
 LATION HAS NOT BEEN FULLY COMPLIED WITH, THE MUNICIPALITY SHALL  PROVIDE
 THE  OFFICE  WITH  AN INTERIM REPORT DETAILING THE STATUS OF ITS ACTIONS
 AND AN EXPLANATION AS TO WHY CERTAIN CONDITIONS HAVE NOT BEEN MET, ALONG
 WITH THE ANTICIPATED DATE BY WHICH SUCH  CONDITIONS  WILL  BE  MET.  THE
 MUNICIPALITY  SHALL CONTINUE TO FILE INTERIM REPORTS ANNUALLY UNTIL SUCH
 TIME AS THE CONDITIONS HAVE BEEN  MET  AND  A  FINAL  REPORT  IS  FILED.
 UNLESS  A LONGER TIME PERIOD IS SPECIFIED IN THE LEGISLATION AUTHORIZING
 THE ALIENATION, IF THE CONDITIONS OF THE ALIENATION HAVE NOT BEEN MET BY
 DECEMBER THIRTY-FIRST OF THE THIRD CALENDAR YEAR FOLLOWING THE ENACTMENT
 OF PARKLAND ALIENATION LEGISLATION, THE MUNICIPALITY SHALL BE SUBJECT TO
 ENFORCEMENT PURSUANT TO SECTION 16.05 OF THIS ARTICLE.
   § 16.05 PARKLAND ALIENATION  ENFORCEMENT.  AN  ACTION  FOR  INJUNCTIVE
 RELIEF  AS PROVIDED IN THIS SECTION AGAINST A MUNICIPALITY VIOLATING ANY
 PROVISION OF THIS ARTICLE MAY BE BROUGHT BY THE  ATTORNEY  GENERAL  UPON
 REFERRAL  BY  THE  OFFICE  OR UPON HIS OR HER OWN INITIATIVE.  A MUNICI-
 PALITY MAY BE ENJOINED FROM ALIENATING PARKLAND WHERE  IT  ACTS  OR  HAS
 ACTED  IN FURTHERANCE OF PARKLAND ALIENATION WITHOUT COMPLIANCE WITH THE
 REQUIREMENTS OF THIS ARTICLE, INCLUDING REPORTING REQUIREMENTS AND PARK-
 LAND ALIENATION LEGISLATION REQUIREMENTS.
   § 2. The state commissioner of parks, recreation and historic  preser-
 vation  is  authorized  to  promulgate  such guidelines and/or rules and
 regulations as he or she deems necessary to implement the provisions  of
 this act on or before its effective date.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.