Bill Text: NY A01751 | 2019-2020 | General Assembly | Introduced
Bill Title: Provides for establishment of the urban open space program in the office of parks, recreation and historic preservation; establishes the urban open space program fund; makes an appropriation of 10 million dollars; the purpose of the program is to provide for the acquisition, creation, establishment, expansion, improvement, conservation and protection of open space areas in cities for the purpose of enhancing the urban environment, and thereby promoting the health, safety and welfare of the people of the state in a variety of ways, such as reduction of air and noise pollution, modification of extremes of temperature (resulting in the reduction of energy expended to heat/cool buildings/homes), assisting watershed management, providing habitats for desirable urban vegetation and wildlife, provision of shade, preservation of natural resources, enhancement of real estate values and beautification of urban areas throughout the state.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to tourism, parks, arts and sports development [A01751 Detail]
Download: New_York-2019-A01751-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1751 2019-2020 Regular Sessions IN ASSEMBLY January 17, 2019 ___________ Introduced by M. of A. LENTOL -- read once and referred to the Committee on Tourism, Parks, Arts and Sports Development AN ACT to amend the parks, recreation and historic preservation law and the state finance law, in relation to providing for the establishment of the urban open space program and establishing the urban open space program fund; and making an appropriation therefor The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The parks, recreation and historic preservation law is 2 amended by adding a new article 18 to read as follows: 3 ARTICLE 18 4 URBAN OPEN SPACE PROGRAM 5 Section 18.01 Urban open space program. 6 § 18.01 Urban open space program. 1. The commissioner shall establish 7 within the office an urban open space program (hereinafter referred to 8 in this section as "UOS program" or "program"). The purpose of the UOS 9 program shall be to provide for the acquisition, creation, establish- 10 ment, expansion, improvement, conservation and protection of open space 11 areas in cities. The purpose of such open space areas shall be to 12 enhance the urban environment, thereby promoting the health, safety and 13 welfare of the people of the state in a variety of ways, such as: 14 reduction of air pollution, reduction of noise pollution, modification 15 of extremes of temperature thereby reducing the amount of energy 16 consumed in heating and cooling many urban buildings and homes, assist- 17 ing in watershed management, providing habitats for desirable urban 18 vegetation and wildlife, provision of shade, preservation of natural 19 resources, enhancement of real estate values and beautification of urban 20 areas throughout the state. 21 2. The UOS program shall include, but not be limited to: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02128-01-9A. 1751 2 1 (a) acquisition, creation, establishment, expansion, improvement, 2 conservation and protection of open space areas in cities by the office 3 for UOS program purposes; and 4 (b) state aid to cities for the acquisition, creation, establishment, 5 expansion, improvement, conservation and protection of open space areas 6 in cities by cities for UOS program purposes. 7 3. (a) Real property acquired by the office shall be acquired pursuant 8 to sections 3.17 and 3.19 of this chapter, after consultation with the 9 state commissioner of housing and community renewal and the commissioner 10 of environmental conservation. Moneys to be expended for the cost of 11 such acquisition shall be paid on the audit and warrant of the state 12 comptroller on the certificate of the commissioner. 13 (b)(i) No real property shall be acquired by a city pursuant to this 14 section unless such acquisition shall have been approved by the commis- 15 sioner, after consultation with the state commissioner of housing and 16 community renewal and the commissioner of environmental conservation. 17 (ii) The state share of the cost of such acquisition shall be paid on 18 the audit and warrant of the state comptroller on the certificate of the 19 commissioner. (iii) In the event that a city shall fail to pay its 20 share, as determined by the commissioner, of the cost of such acquisi- 21 tion within six months of the certification to the city by the state 22 comptroller of the amount of such cost, the state comptroller shall 23 cause to be withheld from the state assistance funds to which such city 24 would otherwise be entitled, a sum sufficient to reimburse the state for 25 any amount remaining unpaid, together with interest on any such unpaid 26 amount at the rate of three percent per annum from the date of such 27 certification. Moneys so withheld shall be credited against the amount 28 of principal and interest payable by such city for its share of the cost 29 of acquisition of such real property. (iv) For the purpose of computing 30 the grant of aid made by the office to a city to assist in paying for 31 the cost of acquiring real property pursuant to this section, the cost 32 of acquisition shall not be more than the amount set forth in the appli- 33 cation for state aid made by the city and approved by the commissioner, 34 plus any direct incidental costs approved by the comptroller. (v) A 35 city which acquires real property with funds made available pursuant to 36 this section may establish reasonable rules and regulations to ensure 37 proper administration, maintenance, use and protection of such lands, 38 provided that no rule or regulation restricting the use of such property 39 to the residents of the city shall be effective without the express 40 approval of the commissioner. 41 (c) Real property acquired by the office pursuant to this section or 42 by a city with the aid of funds made available pursuant to this section, 43 shall be retained by the office or city, as the case may be, and shall 44 not be disposed of or used for other than urban open space purposes as 45 set forth in this section without the express authority of an act of the 46 legislature. 47 4. In implementing, managing and administering the urban open space 48 program pursuant to the provisions of this section, the commissioner may 49 perform such acts and promulgate such rules and regulations as he or she 50 deems necessary, proper or desirable to carry out the purposes of this 51 section. This shall include, but not be limited to, the commissioner's 52 consultation with the state commissioner of housing and community 53 renewal and the commissioner of environmental conservation. Provided 54 further that the commissioner shall promulgate rules and regulations 55 concerning the standards for the eligibility of a city for state aidA. 1751 3 1 pursuant to this section and the form for applications for such state 2 aid. 3 § 2. The state finance law is amended by adding a new section 97-ssss 4 to read as follows: 5 § 97-ssss. Urban open space program fund. 1. There is hereby estab- 6 lished in the joint custody of the comptroller and the commissioner of 7 the office of parks, recreation and historic preservation a special fund 8 to be known as the "urban open space program fund". 9 2. Such fund shall consist of all moneys credited or appropriated for 10 transfer thereto from any source according to law. 11 3. Moneys of the fund shall be available only for the payment of costs 12 associated with the implementation, management and administration of the 13 urban open space program established pursuant to article eighteen of the 14 parks, recreation and historic preservation law, including the payment 15 of state aid pursuant to the provisions of such article. 16 4. Moneys of the fund shall be kept separate and shall not be commin- 17 gled with any other moneys in the custody of the comptroller. Any such 18 moneys in the fund may, in the discretion of the comptroller, be 19 invested in obligations in which the comptroller is authorized to invest 20 pursuant to section ninety-eight-a of this article. Any income or inter- 21 est from such investment shall be credited to such fund. 22 5. All payments of moneys from the fund shall be made on the audit and 23 warrant of the comptroller. 24 § 3. The sum of ten million dollars ($10,000,000), or so much thereof 25 as may be necessary, is hereby appropriated to the urban open space 26 program fund from any moneys in the state treasury in the general fund 27 to the credit of the state purposes account not otherwise appropriated 28 for services and expenses of the office of parks, recreation and histor- 29 ic preservation for the purposes of carrying out the provisions of this 30 act. Such sum shall be payable on the audit and warrant of the state 31 comptroller on vouchers certified or approved by the commissioner of the 32 office of parks, recreation and historic preservation, or his duly 33 designated representative in the manner provided by law. No expenditure 34 shall be made from this appropriation until a certificate of approval of 35 availability shall have been issued by the director of the budget and 36 filed with the state comptroller and a copy filed with the chairman of 37 the senate finance committee and the chairman of the assembly ways and 38 means committee. Such certificate may be amended from time to time by 39 the director of the budget and a copy of each such amendment shall be 40 filed with the state comptroller, the chairman of the senate finance 41 committee and the chairman of the assembly ways and means committee. 42 § 4. This act shall take effect immediately.
