NY State Senate Bill 2023-S6606A

Senate Bill S6606A

2023-2024 Legislative Session

Authorizes the attorney general to approve certain state land acquisitions made for the purposes of land conservation

download bill text pdf

Current Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 10, 2023	committed to rules
Jun 05, 2023	amended on third reading 6606a
May 24, 2023	advanced to third reading
May 23, 2023	2nd report cal.
May 22, 2023	1st report cal.1150
Apr 28, 2023	referred to environmental conservation

Votes

- May 22, 2023 - Environmental Conservation Committee Vote
  S6606A
  
  9
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 22, 2023
      
      aye (9)
      
      Harckham
      
      Hinchey
      
      Kavanagh
      
      Mannion
      
      Martinez
      
      May
      
      Palumbo
      
      Serrano
      
      Skoufis
      
      aye wr (1)
      
      Stec
      
      excused (1)
      
      Canzoneri-Fitzpatrick

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S6606 - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §3-0305, En Con L; amd §3.17, Pks & Rec L; amd §63, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S6606

2023-S6606 - Summary

Authorizes the attorney general to approve certain state land acquisitions made for the purposes of land conservation, and to accept a title policy from a commercial insurer to cover any title defects that would otherwise render the title unmarketable.

2023-S6606 - Sponsor Memo

                                 
BILL NUMBER: S6606

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the environmental conservation law, the parks, recre-
ation and historic preservation law, and the executive law, in relation
to authorizing the attorney general to approve certain state land acqui-
sitions made for the purposes of land conservation

 
PURPOSE:

The purpose of this bill is to streamline and accelerate the state's
acquisition of land for purposes of meeting the state's conservation
goals by enabling the attorney general to use title insurance in its
process of reviewing land titles.

 
SUMMARY OF PROVISIONS:

This bill amends section 3-0305 of the environmental conservation law
and subdivision 1 of section 3.17 of the parks, recreation and historic
preservation law by providing authority to the attorney general to

approve title from commercial insurers where the title policy names the
state of New York as the insured.

The bill adds a new subdivision 17 to section 63 of the executive law to
provide that the attorney general's powers and duties include the abili-
ty to approve land acquisitions made by the state for conservation
purposes in accordance with amendments made above to section 3-0305 of
the ECL and section 3.17 of the Parks law.

 
JUSTIFICATION:

To meet the ambitious goals of New York's Climate Action Plan, the New
York State "30 x 30" law (CH.747 of the Laws of 2022), and to meet the
expectations of voters who approved the Clean Water, Clean Air, and
Green Jobs Environmental Bond Act, state agencies are directed to
protect and conserve significantly more land each year. For example, if
New York is to achieve one of its "30 x 30" targets, it is estimated
that the state and its land trust partners together will have to
conserve and protect approximately 225,000 acres per year over the next
eight years. However, based on the Annual State Land Acquisition report,
https://dec.ny.gov/5069.html, the results of recent years make clear
that the state is not even close to attaining this pace. In 2020, DEC &
OPRHP combined acquired 6,005 acres, and in 2022, DEC acquired 4,416
acres. The backlog is caused in part by lengthy title review at the
Office of Attorney General.

Currently, the Office of Attorney General does not accept title insur-
ance and instead undertakes its own review of land titles going back 100
years or more. This standard is established by longstanding tradition at
the Attorney General's Office, not by statute, and involves long look-
back title abstracting, painstaking title review and often the time-con-
suming and costly pre-closing resolution of title issues that a commer-
cial insurer would consider a remote and insurable risk.

Other states and federal government land agencies, as well as private
parties, share concerns about title risk but have found reliance on
commercial insurance, used in combination with careful and thoughtful
title due diligence, to be a mitigation measure that is well-accepted
for satisfactory title risk amelioration. New York law requires the
Attorney General to approve title (see ECL § 3-0305(1) and PRHPL §
3.17(1)) but is otherwise silent on the standards for acceptability.
This bill will ensure that there is statutory clarity with respect to
the standard for accepting title, and accordingly promote the policies
underlying the 30x30 law and other policy-based decisions that require
the State to accelerate its land acquisition. Providing in statute that
New York State will follow the modern practice of accepting insurable
title will remove a barrier to achieving the goals of many state
programs.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

Undetermined

 
EFFECTIVE DATE:
Immediately

2023-S6606 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6606
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law,  the  parks,  recre-
   ation  and  historic  preservation  law,  and  the  executive  law, in
   relation to authorizing the attorney general to approve certain  state
   land acquisitions made for the purposes of land conservation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Legislative  intent.  The  legislature  hereby  finds  and
 declares  that  in order to achieve our state's land protection goals as
 promoted in the Climate Action Plan, the "30 by  30"  land  conservation
 law  (chapter  747  of  the  laws of 2022), and the financial commitment
 within the 2022 Bond Act, additional measures are needed  to  accelerate
 the  process  whereby  the state acquires land. Specifically, the review
 process by the attorney general's office can be streamlined by  enabling
 the  use  of  title insurance. This will also relieve land trusts of the
 financial burden of holding onto land, in trust, for years  at  a  time.
 Further,  it  will  reduce  the  backlog of pending acquisitions that is
 unnecessarily jeopardizing the solvency of many of these organizations.
   § 2. Subdivision 1 of section 3-0305 of the environmental conservation
 law, as added by chapter 727 of the laws of 1978, is amended to read  as
 follows:
   1. The commissioner when moneys therefor have been appropriated by the
 legislature  or  are  otherwise available, may acquire any real property
 which he OR SHE deems necessary for any of the purposes or functions  of
 the  department, by purchase or as provided in the eminent domain proce-
 dure law. Title to such real property shall be taken in the name of  and
 be vested in the people of the state of New York. No real property shall
 be  so  acquired by purchase unless the title thereto is approved by the
 attorney general. THE ATTORNEY GENERAL SHALL APPROVE ANY TITLE WHERE  IT
 HAS DETERMINED THAT THE CURRENT OWNER CAN CONVEY MARKETABLE TITLE TO THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10532-01-3

 S. 6606                             2
 
 REAL  PROPERTY.  THE  ATTORNEY  GENERAL  SHALL ACCEPT FROM ANY REPUTABLE
 COMMERCIAL INSURER, A TITLE POLICY NAMING THE PEOPLE OF THE STATE OF NEW
 YORK AS INSURED, WITH SUCH POLICY TO COVER ANY TITLE DEFECTS WHICH WOULD
 OTHERWISE  RENDER  THE TITLE UNMARKETABLE. The terms "property" or "real
 property" as used in this section shall mean "real property" as  defined
 by section one hundred three of the eminent domain procedure law.
   §  3.  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. THE ATTORNEY GENERAL SHALL APPROVE ANY TITLE WHERE  IT
 HAS DETERMINED THAT THE CURRENT OWNER CAN CONVEY MARKETABLE TITLE TO THE
 REAL  PROPERTY.  THE  ATTORNEY  GENERAL  SHALL ACCEPT FROM ANY REPUTABLE
 COMMERCIAL INSURER, A TITLE POLICY NAMING THE PEOPLE OF THE STATE OF NEW
 YORK AS INSURED, WITH SUCH POLICY TO COVER ANY TITLE DEFECTS WHICH WOULD
 OTHERWISE RENDER THE TITLE UNMARKETABLE. 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.
   § 4. Section 63 of the executive law is amended by adding a new subdi-
 vision 17 to read as follows:
   17.  BE  AUTHORIZED TO APPROVE LAND ACQUISITIONS MADE BY THE STATE FOR
 CONSERVATION PURPOSES, IN ACCORDANCE WITH THE PROVISIONS OF  SUBDIVISION
 ONE OF SECTION 3-0305 OF THE ENVIRONMENTAL CONSERVATION LAW AND SUBDIVI-
 SION ONE OF SECTION 3.17 OF THE PARKS, RECREATION AND HISTORIC PRESERVA-
 TION LAW.
   § 5. This act shall take effect immediately.

co-Sponsors

2023-S6606A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §3-0305, En Con L; amd §3.17, Pks & Rec L; amd §63, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S6606

2023-S6606A (ACTIVE) - Summary

2023-S6606A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6606A

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the environmental conservation law, the parks, recre-
ation and historic preservation law, and the executive law, in relation
to authorizing the attorney general to approve certain state land acqui-
sitions made for the purposes of land conservation

 
PURPOSE:

The purpose of this bill is to streamline and accelerate the state's
acquisition of land for purposes of meeting the state's conservation
goals by enabling the attorney general to use title insurance in its
process of reviewing land titles.

 
SUMMARY OF PROVISIONS:

This bill amends section 3-0305 of the environmental conservation law
and subdivision 1 of section 3.17 of the parks, recreation and historic
preservation law by providing authority to the attorney general to

approve title from commercial insurers where the title policy names the
state of New York as the insured.

The bill adds a new subdivision 17 to section 63 of the executive law to
provide that the attorney general's powers and duties include the abili-
ty to approve land acquisitions made by the state for conservation
purposes in accordance with amendments made above to section 3-0305 of
the ECL and section 3.17 of the Parks law.

** Amendments to this bill make the use of title insurance an option
rather than a mandate. The language now reads the attorney general "may"
use instead of "shall" use.

 
JUSTIFICATION:

To meet the ambitious goals of New York's Climate Action Plan, the New
York State "30 x 30" law (CH.747 of the Laws of 2022), and to meet the
expectations of voters who approved the Clean Water, Clean Air, and
Green Jobs Environmental Bond Act, state agencies are directed to
protect and conserve significantly more land each year. For example, if
New York is to achieve one of its "30 x 30" targets, it is estimated
that the state and its land trust partners together will have to
conserve and protect approximately 225,000 acres per year over the next
eight years. However, based on the Annual State Land Acquisition report,
https://www.dec.ny.gov/lands/5069.html, the results of recent years make
clear that the state is not even close to attaining this pace. In 2020,
DEC & OPRHP combined acquired 6,005 acres, and in 2022, DEC acquired
4,416 acres. The backlog is caused in part by lengthy title review at
the Office of Attorney General.

Currently, the Office of Attorney General does not accept title insur-
ance and instead undertakes its own review of land titles going back 100
years or more. This standard is established by longstanding tradition at
the Attorney General's Office, not by statute, and involves long look-
back title abstracting, painstaking title review and often the time-con-
suming and costly pre-closing resolution of title issues that a commer-
cial insurer would consider a remote and insurable risk.
Other states and federal government land agencies, as well as private
parties, share concerns about title risk but have found reliance on
commercial insurance, used in combination with careful and thoughtful
title due diligence, to be a mitigation measure that is well-accepted
for satisfactory title risk amelioration. New York law requires the
Attorney General to approve title (see ECL § 3-0305(1) and PRHPL §
3.17(1)) but is otherwise silent on the standards for acceptability.
This bill will ensure that there is statutory clarity with respect to
the standard for accepting title, and accordingly promote the policies
underlying the 30x30 law and other policy-based decisions that require
the State to accelerate its land acquisition. Providing in statute that
New York State will follow the modern practice of accepting insurable
title will remove a barrier to achieving the goals of many state
programs.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

Undetermined

 
EFFECTIVE DATE:
Immediately

2023-S6606A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6606--A
     Cal. No. 1150
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2023
                                ___________
 
 Introduced  by Sens. MAY, HOYLMAN-SIGAL -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Environmental
   Conservation -- 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 environmental conservation law,  the  parks,  recre-
   ation  and  historic  preservation  law,  and  the  executive  law, in
   relation to authorizing the attorney general to approve certain  state
   land acquisitions made for the purposes of land conservation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Legislative  intent.  The  legislature  hereby  finds  and
 declares  that  in order to achieve our state's land protection goals as
 promoted in the Climate Action Plan, the "30 by  30"  land  conservation
 law  (chapter  747  of  the  laws of 2022), and the financial commitment
 within the 2022 Bond Act, additional measures are needed  to  accelerate
 the  process  whereby  the state acquires land. Specifically, the review
 process by the attorney general's office can be streamlined by  enabling
 the  use  of  title insurance. This will also relieve land trusts of the
 financial burden of holding onto land, in trust, for years  at  a  time.
 Further,  it  will  reduce  the  backlog of pending acquisitions that is
 unnecessarily jeopardizing the solvency of many of these organizations.
   § 2. Subdivision 1 of section 3-0305 of the environmental conservation
 law, as added by chapter 727 of the laws of 1978, is amended to read  as
 follows:
   1. The commissioner when moneys therefor have been appropriated by the
 legislature  or  are  otherwise available, may acquire any real property
 which he OR SHE deems necessary for any of the purposes or functions  of
 the  department, by purchase or as provided in the eminent domain proce-
 dure law. Title to such real property shall be taken in the name of  and
 be vested in the people of the state of New York. No real property shall
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10532-02-3
 S. 6606--A                          2
 
 be  so  acquired by purchase unless the title thereto is approved by the
 attorney general. THE ATTORNEY GENERAL MAY APPROVE ANY  TITLE  WHERE  IT
 HAS DETERMINED THAT THE CURRENT OWNER CAN CONVEY MARKETABLE TITLE TO THE
 REAL  PROPERTY.  THE  ATTORNEY  GENERAL  MAY  ACCEPT  FROM ANY REPUTABLE
 COMMERCIAL INSURER, A TITLE POLICY NAMING THE PEOPLE OF THE STATE OF NEW
 YORK AS INSURED, WITH SUCH POLICY TO COVER ANY TITLE DEFECTS WHICH WOULD
 OTHERWISE RENDER THE TITLE UNMARKETABLE. The terms "property"  or  "real
 property"  as used in this section shall mean "real property" as defined
 by section one hundred three of the eminent domain procedure law.
   § 3. 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.  THE  ATTORNEY GENERAL MAY APPROVE ANY TITLE WHERE IT
 HAS DETERMINED THAT THE CURRENT OWNER CAN CONVEY MARKETABLE TITLE TO THE
 REAL PROPERTY. THE  ATTORNEY  GENERAL  MAY  ACCEPT  FROM  ANY  REPUTABLE
 COMMERCIAL INSURER, A TITLE POLICY NAMING THE PEOPLE OF THE STATE OF NEW
 YORK AS INSURED, WITH SUCH POLICY TO COVER ANY TITLE DEFECTS WHICH WOULD
 OTHERWISE  RENDER THE TITLE UNMARKETABLE. 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.
   § 4. Section 63 of the executive law is amended by adding a new subdi-
 vision 17 to read as follows:
   17. BE AUTHORIZED TO APPROVE LAND ACQUISITIONS MADE BY THE  STATE  FOR
 CONSERVATION  PURPOSES, IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION
 ONE OF SECTION 3-0305 OF THE ENVIRONMENTAL CONSERVATION LAW AND SUBDIVI-
 SION ONE OF SECTION 3.17 OF THE PARKS, RECREATION AND HISTORIC PRESERVA-
 TION LAW.
   § 5. This act shall take effect immediately.

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Senate Bill S6606A

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Sponsored By

Rachel May

Current Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Brad Hoylman-Sigal

2023-S6606 - Details

2023-S6606 - Summary

2023-S6606 - Sponsor Memo

2023-S6606 - Bill Text download pdf

co-Sponsors

Brad Hoylman-Sigal

2023-S6606A (ACTIVE) - Details

2023-S6606A (ACTIVE) - Summary

2023-S6606A (ACTIVE) - Sponsor Memo

2023-S6606A (ACTIVE) - Bill Text download pdf

Comments