Establishes prior to the disposition of land by state agencies and authorities the state land acquisition advisory council shall review such land; establishes if certain criteria is met such land shall be transferred to the department of environmental conservation.

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S3495-2011 Actions

• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Jun 7, 2011: REPORTED AND COMMITTED TO FINANCE
• Feb 23, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S3495-2011 Meetings

Environmental Conservation: Jun 7, 2011

S3495-2011 Votes

S3495-2011 Memo

BILL NUMBER:S3495

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the sale of
state lands

PURPOSE:
The purpose of this bill is to ensure that the natural
resource value of state-owned land is fully identified and considered
before its sale.

SUMMARY OF PROVISIONS:
This bill would add a new section 49-0217 to
the ECL to require that the State Land Acquisition Advisory Council
review any state-owned land prior to its sale. Such review would be
conducted to determine:

* if the land is within a resource protection area as designated by
the State Land Acquisition Plan (SLAP);
* if the land meets a category definition contained in the SLAP; or
* if it receives a minimum score, above the cutoff, using the
appropriate rating system as defined in the SLAP.

This bill would also require that if any of the above listed criteria
are met, the subject land would be transferred to the Department of
Environmental Conservation, and the Department would be required to
manage the land in accordance with the recommendations of the SLAP.

JUSTIFICATION:
The State Land Acquisition Plan was created in statute
to help identify and prioritize the State's natural resources. The
State Land Acquisition Advisory Council was created to aid in the
formulation of this plan, and to make recommendations for land
acquisition that ensure a balance of statewide and regional
acquisition goals. In order to further the State's land preservation
goals, this bill would require the State Land Acquisition Advisory
Council to determine whether state-owned lands proposed for sale have
any value that would deem them worthy of resource protection by the
state. In the absence of such a provision, some of New York's most
precious open space will continue to be lost due to hasty and
shortsighted transactions that ignore the efforts of the state
(through the council and the acquisition plan) to preserve its most
valuable land resources.

LEGISLATIVE HISTORY:
S.860  of 2009-10
S.4367 of 2007-08
S.6376 of 2006

FISCAL IMPLICATIONS:

This bill could potentially result in a decrease
in revenue from the sale of State land. At the same time, however,
the bill could result in savings to the State by preventing the sale
of land with a high preservation value.

EFFECTIVE DATE:
Immediately.

S3495-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3495

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 23, 2011
                                 ___________

  Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
    when printed to be committed to the Committee on Environmental Conser-
    vation

  AN ACT to amend the environmental conservation law, in relation  to  the
    sale of state lands

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. The environmental conservation law is amended by  adding  a
  new section 49-0217 to read as follows:

  S 49-0217. SALE OF STATE-OWNED LAND.
    1.  PRIOR TO THE DISPOSITION OF STATE-OWNED LAND BY STATE AGENCIES AND
  AUTHORITIES, THE STATE LAND ACQUISITION  ADVISORY  COUNCIL,  ESTABLISHED
  PURSUANT  TO SECTION 49-0211 OF THIS TITLE, SHALL REVIEW ANY SUCH STATE-
  OWNED LAND TO DETERMINE:

    (A) IF IT IS WITHIN A RESOURCE PROTECTION AREA AS  DESIGNATED  BY  THE
  STATE LAND ACQUISITION PLAN, PURSUANT TO SECTION 49-0207 OF THIS TITLE;
    (B)  IF  IT  MEETS  A  CATEGORY DEFINITION CONTAINED IN THE STATE LAND
  ACQUISITION PLAN, PURSUANT TO SECTION 49-0207 OF THIS TITLE; OR
    (C) IF IT RECEIVES A MINIMUM SCORE, ABOVE THE CUTOFF, USING THE APPRO-
  PRIATE RATING SYSTEM AS DEFINED IN  THE  STATE  LAND  ACQUISITION  PLAN,
  PURSUANT TO SECTION 49-0207 OF THIS TITLE.
    2. IF ANY OF THE CRITERIA, AS DESCRIBED IN PARAGRAPHS (A), (B) AND (C)
  OF  SUBDIVISION  ONE OF THIS SECTION, ARE MET, SUCH LAND OR A PORTION OF
  SUCH LAND SHALL BE TRANSFERRED TO THE DEPARTMENT OR THE OFFICE OF PARKS,
  RECREATION AND HISTORIC PRESERVATION. THE DEPARTMENT SHALL  MANAGE  SUCH
  LAND  IN  ACCORDANCE WITH THE RECOMMENDATIONS OF THE STATE LAND ACQUISI-
  TION PLAN, PURSUANT TO SECTION 49-0207 OF THIS TITLE.
    S 2. This act shall take effect immediately.


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07368-01-1