Senate Bill S10161

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10161
 
                             I N  S E N A T E
 
                                May 1, 2026
                                ___________
 
 Introduced by Sens. MARTINEZ, PALUMBO -- read twice and ordered printed,
   and  when  printed  to  be committed to the Committee on Environmental
   Conservation
 
 AN ACT in relation to authorizing and  directing  the  conveyance  of  a
   conservation easement over certain state-owned lands in the hamlets of
   Setauket and Port Jefferson Station, Suffolk County

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent. 1. The legislature  hereby
 finds and declares that:
   (a)  Certain lands located in the hamlets of Setauket and Port Jeffer-
 son Station, Suffolk County, under the  jurisdiction  of  the  New  York
 State  Department  of Transportation, constitute an ecologically signif-
 icant greenway corridor providing tree canopy, non-motorized transporta-
 tion opportunities to connect to  businesses  and  community  uses,  and
 passive recreational opportunities.
   (b)  Preservation  of  such lands is consistent with article 49 of the
 environmental conservation law, including but not  limited  to  sections
 49-0301 and 49-0305 of such law.
   (c)  The  permanent  protection  of  such lands through a conservation
 easement serves the public interest.
   (d) Limited flexibility may be necessary in the future to  accommodate
 transportation   safety,  environmental  restoration,  or  other  public
 purposes, provided that conservation  value  of  this  corridor  is  not
 diminished.
   2.  Accordingly, it is the purpose of this act to authorize and direct
 the granting of a perpetual  conservation  easement  while  establishing
 strict standards for any future limited modification.
   §  2.  Conservation  easement  authorization.  1.  Notwithstanding any
 inconsistent provision of law, the  commissioner  of  transportation  is
 hereby  authorized  and directed, pursuant to article 49, title 3 of the
 environmental conservation law, including but not  limited  to  sections
 49-0303  and  49-0305,  to  grant a perpetual conservation easement over
 certain real property under the jurisdiction of the  department  located
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14972-01-6
 S. 10161                            2
 
 in  Suffolk  County, commonly referred to as the Setauket-Port Jefferson
 Station Greenway corridor.
   2. Such conservation easement shall:
   (a)  prohibit residential, commercial, industrial, or roadway develop-
 ment inconsistent with open space preservation;
   (b) preserve the property in  its  natural,  scenic,  and  open  space
 condition;
   (c)  permit passive recreational uses including trails, walking paths,
 habitat restoration, and environmental education; and
   (d) run with the land in perpetuity.
   3. The easement shall be granted to one or more of the following enti-
 ties, subject to acceptance:
   (a) the commissioner of the New York State Office of Parks, Recreation
 and Historic Preservation;
   (b) Suffolk County;
   (c) the Town of Brookhaven;
   (d) a not-for-profit conservation organization qualified under  subdi-
 vision one of section 49-0305 of the environmental conservation law.
   § 3. Limited modification and re-routing authority. 1. Notwithstanding
 section  49-0307 of the environmental conservation law, the conservation
 easement authorized by this act may be amended solely for the purpose of
 boundary adjustments or re-routing of trail alignments, provided that:
   (a) such amendment is necessary to address infrastructure  protection,
 environmental restoration, or other demonstrated public necessity;
   (b) there shall be no net loss of acreage subject to the easement;
   (c)  any  lands  removed  from  easement  protection shall be replaced
 contemporaneously with lands of equal or greater  acreage,  fair  market
 value,  ecological  function, and public recreational utility within the
 same municipality or adjacent municipality in Suffolk County;
   (d) the substituted lands shall be permanently protected by a  conser-
 vation easement of equal or greater restriction;
   (e) the holder of the easement consents in writing; and
   (f) the commissioner of environmental conservation determines that the
 amendment  is  consistent with article 49 of the environmental conserva-
 tion law and will not materially impair conservation purposes.
   2. Any such amendment shall be:
   (a) subject to public notice and a minimum thirty-day  public  comment
 period; and
   (b) accompanied by written findings demonstrating compliance with this
 section.
   3.  No amendment shall authorize development of a type or scale other-
 wise prohibited under this act.
   § 4. Public lands law compliance. 1. The granting of such easement and
 any amendment consistent with section three of this  act  is  deemed  to
 serve a public purpose.
   2.  To  the  extent  applicable, section three of the public lands law
 shall be satisfied by the enactment of  this  act  and  compliance  with
 section three of this act.
   §  5.  Survey  and  description. Prior to conveyance or amendment, the
 commissioner of transportation shall cause a survey and metes and bounds
 description to be prepared and filed.
   § 6. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or part of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 S. 10161                            3
 
 directly  involved  in the controversy in which such judgment shall have
 been rendered. It is hereby declared to be the intent of the legislature
 that this act would have been enacted even if  such  invalid  provisions
 had not been included herein.
   § 7. This act shall take effect immediately.