S T A T E O F N E W Y O R K ________________________________________________________________________ S. 4762 A. 7240 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y April 20, 2011 ___________ IN SENATE -- Introduced by Sen. McDONALD -- read twice and ordered printed, and when printed to be committed to the Committee on Environ- mental Conservation IN ASSEMBLY -- Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to expanding the definition of "public body" for purposes of conservation easements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 3 of section 49-0303 of the environmental 2 conservation law, as amended by chapter 45 of the laws of 1997, is 3 amended to read as follows: 4 3. "Public body" means the FEDERAL GOVERNMENT, THE state or a munici- 5 pal corporation as that term is defined in section two of the general 6 municipal law. Such term shall further include the Palisades interstate 7 park commission and the Central Pine Barrens joint planning and policy 8 commission. 9 S 2. The opening paragraph of subdivision 5 of section 49-0305 of the 10 environmental conservation law, as amended by chapter 292 of the laws of 11 1984, is amended to read as follows: 12 A conservation easement may be enforced in law or equity by its gran- 13 tor, ITS holder or by a public body or any not-for-profit conservation 14 organization designated in the easement as having a third party enforce- 15 ment right, and is enforceable against the owner of the burdened proper- 16 ty. Enforcement shall not be defeated because of any subsequent adverse 17 possession, laches, estoppel or waiver. No general law of the state 18 which operates to defeat the enforcement of any interest in real proper- 19 ty shall operate to defeat the enforcement of any conservation easement 20 unless such general law expressly states the intent to defeat the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10743-02-1 S. 4762 2 A. 7240 1 enforcement of such easement or provides for the exercise of the power 2 of eminent domain. It is not a defense in any action to enforce a 3 conservation easement that: 4 S 3. Paragraph (b) of subdivision 7 of section 49-0305 of the environ- 5 mental conservation law, as amended by chapter 292 of the laws of 1984, 6 is amended to read as follows: 7 (b) standards and procedures which require each conservation easement 8 held by a public body, OTHER THAN THE FEDERAL GOVERNMENT, to include 9 terms under which the easement shall be modified where the commissioner 10 has found after a non-adjudicatory public hearing at which the public 11 shall be given opportunity to be heard, that such easement is inconsist- 12 ent with any other interest in land required for the local gathering, 13 transmission or distribution of gas, electricity, water, telephone or 14 cable television services and that no reasonable alternative exists for 15 the local gathering, transmission or distribution of such service. 16 Notice of any such hearing shall be given to the public pursuant to 17 thirty days published notice in the state register, the environmental 18 notice bulletin and in a newspaper having general circulation in the 19 county where the real property burdened by the easement is situated and 20 individual notice shall be given in writing to any person who may be 21 entitled to enforce such easement pursuant to the provisions of subdivi- 22 sion five of this section at such address as such person shall file with 23 the commissioner. 24 S 4. This act shall take effect immediately.