Bill Text: NY A03264 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the reporting of alienation of municipal parkland.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-01-08 - referred to local governments [A03264 Detail]

Download: New_York-2019-A03264-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3264
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Local Governments
        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:
     1    Section 1. The parks, recreation  and  historic  preservation  law  is
     2  amended by adding a new article 16 to read as follows:
     3                                 ARTICLE 16
     4                        MUNICIPAL PARKLAND ALIENATION
     5  Section 16.01 Definitions.
     6          16.03 Parkland alienation reporting.
     7          16.05 Parkland alienation enforcement.
     8    § 16.01 Definitions. When used in this article:
     9    1.  "Municipal parkland" shall mean real property or interests therein
    10  that is owned by a municipality that provides public  park,  recreation,
    11  or  open  space  protection purposes. Municipal parkland includes: lands
    12  that have been dedicated for such purposes by the municipality through a
    13  formal resolution or similar action; lands that have been  purchased  or
    14  accepted for such purposes; or lands that currently or historically have
    15  been available to and used by the public for such purposes.
    16    2.  "Municipal parkland alienation" shall mean any action by a munici-
    17  pality to sell, lease, discontinue, or change the use of municipal park-
    18  land.
    19    3. "Municipality" shall mean a county,  town,  city,  or  village.  It
    20  shall  also  mean  a  school  district or other political subdivision in
    21  instances where such entity has obtained state or federal grant  funding
    22  for the creation of municipal parkland.
    23    4. "Parkland alienation legislation" shall mean legislation introduced
    24  in the state legislature authorizing a municipality to alienate parkland
    25  under its jurisdiction.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02629-01-9
        A. 3264                             2
     1    §  16.03  Parkland  alienation  reporting.  Any  municipality that has
     2  received alienation authorization through enactment of  municipal  park-
     3  land alienation legislation shall submit a report to the office no later
     4  than  December thirty-first of the calendar year following the enactment
     5  of  the  legislation.  Such report shall be signed by the municipality's
     6  chief executive officer and shall include:
     7    1. A narrative description of the status of  the  parkland  alienation
     8  actions authorized and required in the legislation; and
     9    2.  An  attestation that the municipality has complied with all condi-
    10  tions of the parkland alienation legislation, including  the  dedication
    11  of  any  required  replacement parkland or, in the case of utility ease-
    12  ments, the dedication of funding for the acquisition of additional park-
    13  land or capital improvements to existing parkland facilities; or
    14    3. In the event that any condition of the parkland  alienation  legis-
    15  lation  has not been fully complied with, the municipality shall provide
    16  the office with an interim report detailing the status  of  its  actions
    17  and an explanation as to why certain conditions have not been met, along
    18  with  the  anticipated  date  by  which such conditions will be met. The
    19  municipality shall continue to file interim reports annually until  such
    20  time  as  the  conditions  have  been  met  and a final report is filed.
    21  Unless a longer time period is specified in the legislation  authorizing
    22  the alienation, if the conditions of the alienation have not been met by
    23  December thirty-first of the third calendar year following the enactment
    24  of parkland alienation legislation, the municipality shall be subject to
    25  enforcement pursuant to section 16.05 of this article.
    26    §  16.05  Parkland  alienation  enforcement.  An action for injunctive
    27  relief as provided in this section against a municipality violating  any
    28  provision  of  this  article may be brought by the attorney general upon
    29  referral by the office or upon his or her own  initiative.    A  munici-
    30  pality  may  be  enjoined  from alienating parkland where it acts or has
    31  acted in furtherance of parkland alienation without compliance with  the
    32  requirements of this article, including reporting requirements and park-
    33  land alienation legislation requirements.
    34    §  2. This act shall take effect on the first of January next succeed-
    35  ing the date on which it shall have become a law.  Effective immediately
    36  the addition, amendment and/or repeal of any rule or  regulation  neces-
    37  sary  for  the  implementation  of  this  act  on its effective date are
    38  authorized to be made on or before such date.