Senate Bill S3439

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3439
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 Introduced  by Sens. SERRANO, KRUEGER -- 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
 JUSTIFICATION  AND THE RATIONALE FOR SUCH PROPERTY ACQUISITION, NOTWITH-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08505-01-7

 S. 3439                             2
 
 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.
   § 2. This act shall take effect immediately and shall  apply  to  real
 property acquired or received on or after such date.