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.
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: 2011-12: S.3495 Environmental Conservation/A.9612 Environmental Conservation 2009-10: S.860 Environmental Conservation/A.1978 Environmental Conservation 2007-08: S.4367 Environmental Conservation/A.2004 Passed Assembly (2007-2008) 2005-06: S.6376 Environment Conservation/A.7083 Passed Assembly (2005-2006)
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: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3811 2013-2014 Regular Sessions IN SENATE February 21, 2013 ___________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. LBD08668-01-3