Provides for establishment of the urban open space program in the office of parks, recreation and historic preservation; establishes the urban open space program fund; makes an appropriation of 10 million dollars; purpose of the program is to provide for the acquisition, creation, establishment, expansion, improvement, conservation and protection of open space areas in cities for the purpose of enhancing the urban environment, and thereby promoting the health, safety and welfare of the people of the state in a variety of ways, such as reduction of air and noise pollution, modification of extremes of temperature (resulting in the reduction of energy expended to heat/cool buildings/homes), assisting watershed management, providing habitats for desirable urban vegetation and wildlife, provision of shade, preservation of natural resources, enhancement of real estate values and beautification of urban areas throughout the state.

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S6931-2011 Actions

• Apr 13, 2012: REFERRED TO FINANCE

S6931-2011 Memo

BILL NUMBER:S6931

TITLE OF BILL:
An act to amend the parks, recreation and historic preservation law and
the state finance law, in relation to providing for the establishment of
the urban open space program and establishing the urban open space
program fund; and making an appropriation therefor

PURPOSE OR GENERAL IDEA OF BILL:
Provides for the establishment of the Urban Open Space Program Fund in
the office of Parks, Recreation and Historic Preservation.

SUMMARY OF SPECIFIC PROVISIONS:
The Parks, Recreation and Historic Preservation Law is amended by adding
a new article 18.

JUSTIFICATION:
Many of New York State's low income urban communities suffer from a
dramatic absence of parkland and open space. Parklands and open spaces
enhance the urban environment and promote the health, safety and welfare
of inner city residents by reducing air and noise pollution, reducing
temperatures--thereby reducing the amount of energy consumed in heating
and Cooling many urban buildings, assisting in watershed management,
providing habitats for desirable urban vegetation and wildlife, provid-
ing shade, preserving natural resources and enhancing real estate
values.

In an effort to acquire and/or preserve open spaces in low-income commu-
nities, this measure provides for the establishment of the Urban Open
Space Program (UOS) and appropriates 10 million dollars to UOS, which
cities can utilize to acquire, create, expand, improve, conserve and/or
protect open spaces in their communities.

LEGISLATIVE HISTORY:
Same as A.561 (Lentol)

FISCAL IMPLICATIONS:
$10 million dollars will be appropriated to the UOS fund from any moneys
in the State Treasury in the General Fund to the credit of the state
purposes account not otherwise appropriated for services and expenses of
the Office of Parks, Recreation and Historic Preservation for the
purposes of carrying out the provisions of this act.

EFFECTIVE DATE:
Immediately.

S6931-2011 Text

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

                                    6931

                              I N  SENATE

                               April 13, 2012
                                 ___________

  Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
    printed to be committed to the Committee on Finance

  AN ACT to amend the parks, recreation and historic preservation law  and
    the  state finance law, in relation to providing for the establishment
    of the urban open space program and establishing the urban open  space
    program fund; and making an appropriation therefor

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


    Section 1. The parks, recreation  and  historic  preservation  law  is
  amended by adding a new article 18 to read as follows:


                                 ARTICLE 18
                          URBAN OPEN SPACE PROGRAM

  SECTION 18.01 URBAN OPEN SPACE PROGRAM.
    S  18.01 URBAN OPEN SPACE PROGRAM. 1. THE COMMISSIONER SHALL ESTABLISH
  WITHIN THE OFFICE AN URBAN OPEN SPACE PROGRAM (HEREINAFTER  REFERRED  TO
  IN  THIS  SECTION AS "UOS PROGRAM" OR "PROGRAM"). THE PURPOSE OF THE UOS
  PROGRAM SHALL BE TO PROVIDE FOR THE  ACQUISITION,  CREATION,  ESTABLISH-
  MENT,  EXPANSION, IMPROVEMENT, CONSERVATION AND PROTECTION OF OPEN SPACE
  AREAS IN CITIES.   THE PURPOSE OF SUCH OPEN  SPACE  AREAS  SHALL  BE  TO
  ENHANCE  THE URBAN ENVIRONMENT, THEREBY PROMOTING THE HEALTH, SAFETY AND
  WELFARE OF THE PEOPLE OF THE STATE  IN  A  VARIETY  OF  WAYS,  SUCH  AS:

  REDUCTION  OF  AIR POLLUTION, REDUCTION OF NOISE POLLUTION, MODIFICATION
  OF EXTREMES  OF  TEMPERATURE  THEREBY  REDUCING  THE  AMOUNT  OF  ENERGY
  CONSUMED  IN HEATING AND COOLING MANY URBAN BUILDINGS AND HOMES, ASSIST-
  ING IN WATERSHED MANAGEMENT,  PROVIDING  HABITATS  FOR  DESIRABLE  URBAN
  VEGETATION  AND  WILDLIFE,  PROVISION  OF SHADE, PRESERVATION OF NATURAL
  RESOURCES, ENHANCEMENT OF REAL ESTATE VALUES AND BEAUTIFICATION OF URBAN
  AREAS THROUGHOUT THE STATE.
    2. THE UOS PROGRAM SHALL INCLUDE, BUT NOT BE LIMITED TO:

    (A)  ACQUISITION,  CREATION,  ESTABLISHMENT,  EXPANSION,  IMPROVEMENT,
  CONSERVATION  AND PROTECTION OF OPEN SPACE AREAS IN CITIES BY THE OFFICE
  FOR UOS PROGRAM PURPOSES; AND

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03480-03-2

 S. 6931                             2

    (B) STATE AID TO CITIES FOR THE ACQUISITION, CREATION,  ESTABLISHMENT,
  EXPANSION,  IMPROVEMENT, CONSERVATION AND PROTECTION OF OPEN SPACE AREAS
  IN CITIES BY CITIES FOR UOS PROGRAM PURPOSES.
    3. (A) REAL PROPERTY ACQUIRED BY THE OFFICE SHALL BE ACQUIRED PURSUANT
  TO  SECTIONS  3.17 AND 3.19 OF THIS CHAPTER, AFTER CONSULTATION WITH THE
  STATE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL AND THE COMMISSIONER
  OF ENVIRONMENTAL CONSERVATION. MONEYS TO BE EXPENDED  FOR  THE  COST  OF
  SUCH  ACQUISITION  SHALL  BE  PAID ON THE AUDIT AND WARRANT OF THE STATE
  COMPTROLLER ON THE CERTIFICATE OF THE COMMISSIONER.
    (B)(I) NO REAL PROPERTY SHALL BE ACQUIRED BY A CITY PURSUANT  TO  THIS
  SECTION  UNLESS SUCH ACQUISITION SHALL HAVE BEEN APPROVED BY THE COMMIS-
  SIONER, AFTER CONSULTATION WITH THE STATE COMMISSIONER  OF  HOUSING  AND
  COMMUNITY  RENEWAL  AND  THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION.
  (II) THE STATE SHARE OF THE COST OF SUCH ACQUISITION SHALL  BE  PAID  ON
  THE AUDIT AND WARRANT OF THE STATE COMPTROLLER ON THE CERTIFICATE OF THE
  COMMISSIONER.  (III)  IN  THE  EVENT  THAT  A CITY SHALL FAIL TO PAY ITS
  SHARE, AS DETERMINED BY THE COMMISSIONER, OF THE COST OF  SUCH  ACQUISI-
  TION  WITHIN  SIX  MONTHS  OF THE CERTIFICATION TO THE CITY BY THE STATE
  COMPTROLLER OF THE AMOUNT OF SUCH  COST,  THE  STATE  COMPTROLLER  SHALL
  CAUSE  TO BE WITHHELD FROM THE STATE ASSISTANCE FUNDS TO WHICH SUCH CITY
  WOULD OTHERWISE BE ENTITLED, A SUM SUFFICIENT TO REIMBURSE THE STATE FOR
  ANY AMOUNT REMAINING UNPAID, TOGETHER WITH INTEREST ON ANY  SUCH  UNPAID
  AMOUNT  AT  THE  RATE  OF  THREE PERCENT PER ANNUM FROM THE DATE OF SUCH
  CERTIFICATION. MONEYS SO WITHHELD SHALL BE CREDITED AGAINST  THE  AMOUNT
  OF PRINCIPAL AND INTEREST PAYABLE BY SUCH CITY FOR ITS SHARE OF THE COST
  OF  ACQUISITION OF SUCH REAL PROPERTY. (IV) FOR THE PURPOSE OF COMPUTING
  THE GRANT OF AID MADE BY THE OFFICE TO A CITY TO ASSIST  IN  PAYING  FOR
  THE  COST  OF ACQUIRING REAL PROPERTY PURSUANT TO THIS SECTION, THE COST
  OF ACQUISITION SHALL NOT BE MORE THAN THE AMOUNT SET FORTH IN THE APPLI-
  CATION FOR STATE AID MADE BY THE CITY AND APPROVED BY THE  COMMISSIONER,
  PLUS  ANY  DIRECT  INCIDENTAL  COSTS APPROVED BY THE COMPTROLLER.  (V) A
  CITY WHICH ACQUIRES REAL PROPERTY WITH FUNDS MADE AVAILABLE PURSUANT  TO
  THIS  SECTION  MAY  ESTABLISH REASONABLE RULES AND REGULATIONS TO ENSURE
  PROPER ADMINISTRATION, MAINTENANCE, USE AND PROTECTION  OF  SUCH  LANDS,
  PROVIDED THAT NO RULE OR REGULATION RESTRICTING THE USE OF SUCH PROPERTY
  TO  THE  RESIDENTS  OF  THE  CITY SHALL BE EFFECTIVE WITHOUT THE EXPRESS
  APPROVAL OF THE COMMISSIONER.
    (C) REAL PROPERTY ACQUIRED BY THE OFFICE PURSUANT TO THIS  SECTION  OR
  BY A CITY WITH THE AID OF FUNDS MADE AVAILABLE PURSUANT TO THIS SECTION,
  SHALL  BE  RETAINED BY THE OFFICE OR CITY, AS THE CASE MAY BE, AND SHALL
  NOT BE DISPOSED OF OR USED FOR OTHER THAN URBAN OPEN SPACE  PURPOSES  AS
  SET FORTH IN THIS SECTION WITHOUT THE EXPRESS AUTHORITY OF AN ACT OF THE
  LEGISLATURE.
    4.  IN  IMPLEMENTING,  MANAGING AND ADMINISTERING THE URBAN OPEN SPACE
  PROGRAM PURSUANT TO THE PROVISIONS OF THIS SECTION, THE COMMISSIONER MAY
  PERFORM SUCH ACTS AND PROMULGATE SUCH RULES AND REGULATIONS AS HE OR SHE
  DEEMS NECESSARY, PROPER OR DESIRABLE TO CARRY OUT THE PURPOSES  OF  THIS
  SECTION.  THIS  SHALL INCLUDE, BUT NOT BE LIMITED TO, THE COMMISSIONER'S
  CONSULTATION WITH  THE  STATE  COMMISSIONER  OF  HOUSING  AND  COMMUNITY
  RENEWAL  AND  THE  COMMISSIONER  OF ENVIRONMENTAL CONSERVATION. PROVIDED
  FURTHER THAT THE COMMISSIONER SHALL  PROMULGATE  RULES  AND  REGULATIONS
  CONCERNING  THE  STANDARDS  FOR  THE ELIGIBILITY OF A CITY FOR STATE AID
  PURSUANT TO THIS SECTION AND THE FORM FOR APPLICATIONS  FOR  SUCH  STATE
  AID.
    S  2. The state finance law is amended by adding a new section 97-llll
  to read as follows:


 S. 6931                             3

    S 97-LLLL. URBAN OPEN SPACE PROGRAM FUND. 1. THERE  IS  HEREBY  ESTAB-
  LISHED  IN  THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF
  THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION A SPECIAL FUND
  TO BE KNOWN AS THE "URBAN OPEN SPACE PROGRAM FUND".
    2.  SUCH FUND SHALL CONSIST OF ALL MONEYS CREDITED OR APPROPRIATED FOR
  TRANSFER THERETO FROM ANY SOURCE ACCORDING TO LAW.
    3. MONEYS OF THE FUND SHALL BE AVAILABLE ONLY FOR THE PAYMENT OF COSTS
  ASSOCIATED WITH THE IMPLEMENTATION, MANAGEMENT AND ADMINISTRATION OF THE
  URBAN OPEN SPACE PROGRAM ESTABLISHED PURSUANT TO ARTICLE EIGHTEEN OF THE
  PARKS, RECREATION AND HISTORIC PRESERVATION LAW, INCLUDING  THE  PAYMENT
  OF STATE AID PURSUANT TO THE PROVISIONS OF SUCH ARTICLE.
    4.  MONEYS OF THE FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMIN-
  GLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE COMPTROLLER.  ANY  SUCH
  MONEYS  IN  THE  FUND  MAY,  IN  THE  DISCRETION  OF THE COMPTROLLER, BE
  INVESTED IN OBLIGATIONS IN WHICH THE COMPTROLLER IS AUTHORIZED TO INVEST
  PURSUANT TO SECTION NINETY-EIGHT-A OF THIS ARTICLE. ANY INCOME OR INTER-
  EST FROM SUCH INVESTMENT SHALL BE CREDITED TO SUCH FUND.
    5. ALL PAYMENTS OF MONEYS FROM THE FUND SHALL BE MADE ON THE AUDIT AND
  WARRANT OF THE COMPTROLLER.
    S 3. The sum of ten million dollars ($10,000,000), or so much  thereof
  as  may  be  necessary,  is  hereby appropriated to the urban open space
  program fund from any moneys in the state treasury in the  general  fund
  to  the  credit of the state purposes account not otherwise appropriated
  for services and expenses of the office of parks, recreation and histor-
  ic preservation for the purposes of carrying out the provisions of  this
  act.  Such  sum  shall  be payable on the audit and warrant of the state
  comptroller on vouchers certified or approved by the commissioner of the
  office of parks, recreation  and  historic  preservation,  or  his  duly
  designated  representative in the manner provided by law. No expenditure
  shall be made from this appropriation until a certificate of approval of
  availability shall have been issued by the director of  the  budget  and
  filed  with  the state comptroller and a copy filed with the chairman of
  the senate finance committee and the chairman of the assembly  ways  and
  means  committee.  Such  certificate may be amended from time to time by
  the director of the budget and a copy of each such  amendment  shall  be
  filed  with  the  state  comptroller, the chairman of the senate finance
  committee and the chairman of the assembly ways and means committee.
    S 4. This act shall take effect immediately.