The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    252
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sens. SERRANO, HINCHEY, HOYLMAN -- 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 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
 INSTANCES WHERE SUCH ENTITY HAS OBTAINED STATE OR FEDERAL GRANT  FUNDING
 FOR THE CREATION OF MUNICIPAL PARKLAND.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01199-02-3

 S. 252                              2
 
   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. (A) AN ATTESTATION THAT THE  MUNICIPALITY  HAS  COMPLIED  WITH  ALL
 CONDITIONS  OF  THE PARKLAND ALIENATION LEGISLATION, INCLUDING THE DEDI-
 CATION OF ANY REQUIRED REPLACEMENT PARKLAND OR, IN THE CASE  OF  UTILITY
 EASEMENTS,  THE  DEDICATION OF FUNDING FOR THE ACQUISITION OF ADDITIONAL
 PARKLAND OR CAPITAL IMPROVEMENTS TO EXISTING PARKLAND FACILITIES; OR
   (B) 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. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.  Effective immediately
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such date.