S4762A-2011 - NY Senate Open Legislation - Includes the federal government within the definition of "public body" for purposes of conservation easements

Includes the federal government within the definition of "public body" for purposes of conservation easements.

Sponsor: MCDONALD / Committee: ENVIRONMENTAL CONSERVATION
Law Section: Environmental Conservation Law / Law: Amd SS49-0303 & 49-0305, En Con L

S4762A-2011 Actions

May 21, 2012: referred to environmental conservation
May 21, 2012: DELIVERED TO ASSEMBLY
May 21, 2012: PASSED SENATE
Mar 29, 2012: ADVANCED TO THIRD READING
Mar 28, 2012: 2ND REPORT CAL.
Mar 27, 2012: 1ST REPORT CAL.460
Mar 23, 2012: PRINT NUMBER 4762A
Mar 23, 2012: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Jun 14, 2011: referred to environmental conservation
Jun 14, 2011: DELIVERED TO ASSEMBLY
Jun 14, 2011: PASSED SENATE
Jun 14, 2011: ORDERED TO THIRD READING CAL.1237
Jun 13, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
Apr 20, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S4762A-2011 Meetings

Environmental Conservation: Mar 27, 2012

S4762A-2011 Calendars

S4762A-2011 Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 14, 2011

Ayes (23): Skelos, Alesi, Farley, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Hassell-Thompson, Krueger, Montgomery, Parker, Perkins, Smith, Stewart-Cousins
Ayes W/R (1): Duane

VOTE: FLOOR VOTE: - Jun 14, 2011

Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin

VOTE: COMMITTEE VOTE: - Environmental Conservation - Mar 27, 2012

Ayes (13): Grisanti, Johnson, LaValle, Little, Marcellino, Maziarz, O'Mara, Young, Avella, Espaillat, Perkins, Serrano, Stewart-Cousins
Excused (1): Oppenheimer

VOTE: FLOOR VOTE: - May 21, 2012

Ayes (59): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (2): Huntley, Rivera

S4762A-2011 Memo

BILL NUMBER:S4762A

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to expanding
the definition of "public body" for purposes of conservation easements

PURPOSE:
Includes the federal government within the definition of "public body"
for purposes of conservation easements

SUMMARY OF PROVISIONS:
Adds the federal government to the "public body" definition of
subdivision 3 of section 49-0303 of the environmental conservation
law, as amended by chapter 45 of the laws of 1997.

JUSTIFICATION:
Currently federal entities, such as our National Parks, are not
included in the definition of public body for purposes of
conservation easement. This bill will add federal entities to the
definition of public body so that a conservation easement may be
enforced in law or equity by its grantor, its holder or by a public
body or any not-for-profit conservation organization designated in
the easement as having a third party enforcement right.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S4762A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 4762--A                                            A. 7240--A
 2011-2012 Regular Sessions
 SENATE - ASSEMBLY
 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 -- recommitted to the Committee  on  Environmental
 Conservation  in  accordance  with  Senate Rule 6, sec. 8 -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee
 IN ASSEMBLY -- Introduced by M. of  A.  ENGLEBRIGHT  --  read  once  and
 referred to the Committee on Environmental Conservation -- recommitted
 to  the  Committee  on  Environmental  Conservation in accordance with
 Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee
 

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:

 

Section 1. Subdivision 3  of  section  49-0303  of  the  environmental
 conservation  law,  as  amended  by  chapter 201 of the laws of 2011, is
 amended to read as follows:

 3. "Public body" means the FEDERAL GOVERNMENT, THE state or a  munici
 pal  corporation  as  that term is defined in section two of the general
 municipal law. Such term shall further include the Palisades  interstate
 park  commission;  the  Central  Pine  Barrens joint planning and policy
 commission; and a soil and water conservation district as that  term  is
 defined  in  section  three of the soil and water conservation districts
 law.
 

S 2. The opening paragraph of subdivision 5 of section 49-0305 of  the
 environmental conservation law, as amended by chapter 292 of the laws of
 1984, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10743-03-2
        S. 4762--A                          2                         A. 7240--A
 A  conservation easement may be enforced in law or equity by its gran
 tor, ITS holder or by a public body or any  not-for-profit  conservation
 organization designated in the easement as having a third party enforce
 ment right, and is enforceable against the owner of the burdened proper
 ty.  Enforcement shall not be defeated because of any subsequent adverse
 possession, laches, estoppel or waiver. No  general  law  of  the  state
 which operates to defeat the enforcement of any interest in real proper
 ty  shall operate to defeat the enforcement of any conservation easement
 unless such general law  expressly  states  the  intent  to  defeat  the
 enforcement  of  such easement or provides for the exercise of the power
 of eminent domain. It is not a  defense  in  any  action  to  enforce  a
 conservation easement that:

 

S 3. Paragraph (b) of subdivision 7 of section 49-0305 of the environ
 mental  conservation law, as amended by chapter 292 of the laws of 1984,
 is amended to read as follows:

 (b) standards and procedures which require each conservation  easement
 held  by  a  public  body, OTHER THAN THE FEDERAL GOVERNMENT, to include
 terms under which the easement shall be modified where the  commissioner
 has  found  after  a non-adjudicatory public hearing at which the public
 shall be given opportunity to be heard, that such easement is inconsist
 ent with any other interest in land required for  the  local  gathering,
 transmission  or  distribution  of gas, electricity, water, telephone or
 cable television services and that no reasonable alternative exists  for
 the  local  gathering,  transmission  or  distribution  of such service.
 Notice of any such hearing shall be given  to  the  public  pursuant  to
 thirty  days  published  notice in the state register, the environmental
 notice bulletin and in a newspaper having  general  circulation  in  the
 county  where the real property burdened by the easement is situated and
 individual notice shall be given in writing to any  person  who  may  be
 entitled to enforce such easement pursuant to the provisions of subdivi
 sion five of this section at such address as such person shall file with
 the commissioner.
 

S 4. This act shall take effect immediately.

S4762A-2011: Includes the federal government within the definition of "public body" for purposes of conservation easements