Requires the commissioner of parks, recreation and historic preservation to acquire the mineral interests under all land acquired or received by the state for the office of parks, recreation and historic preservation, unless the commissioner of parks, recreation and historic preservation finds that the land is of great significance and importance to the state.
TITLE OF BILL: An act to amend the parks, recreation and historic preservation law, in relation to requiring the office of parks, recreation and historic preservation to acquire all mineral rights to real property acquired by such office
PURPOSE OF THE BILL: The purpose of the bill is to ensure that OPRHP acquires the minerals rights when acquiring property for state park, historic preservation and other uses under its jurisdiction. The bill provides for certain exceptions for lands of great significance and importance.
SUMMARY OF PROVISIONS: The bill amends Section 3.17, Subdivision 1 of the Parks, Recreation and Historic preservation Law, to require that real property acquired, received, held or administered by the OPRHP commissioner include the mineral rights on and under such lands. The bill does allow acquisition and acceptance of lands of great significant and importance without the mineral rights. Such acquisitions or acceptances would be subject an analytical report prepared by OPRHP, that justifies and provides the rationale for such acquisition" including but not limited to a description of the property, the significance and importance or the land to the state, and the economic benefits and impacts and local impacts of acquiring such property. ORPHP would be required to hold one or more public hearings, including at least one in the impacted area, and to publish such actions in the Environmental Notice Bulletin at least one month prior to the hearing.
JUSTIFICATION: In the past, OPRHP has acquired or accepted lands for state park purposes without acquiring the mineral rights on or under such lands. These mineral rights can be utilized, for example, for extraction of materials such as oil and gas. Such activities can have a significant adverse affect on the dedicated use of the lands (e.g. parks, historic sites, etc.) and are inconsistent with the dedicated purpose of the lands. This bill seeks to correct such problems by limiting future acquisitions to those which include mineral rights on or under the lands. An exception is provided for lands for great significance and importance, in which case the acquisition/acceptance would be subject to an in-depth analysis and report of potential impacts by OPRHP and public review.
PRIOR LEGISLATIVE HISTORY: 2009/2010: Senate Reported and Committed to Finance. Assembly Referred to Environmental Conservation. 2011/2012: S.2748
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: The bill may have some effect on the cost of acquiring lands for the State Parks system, historic sites and other facilities administered by OPRHP.
There would costs associated with the preparation of the report and the public hearings.
EFFECTIVE DATE: This act would take effect immediately and apply to real property acquired or received on or after such date.
STATE OF NEW YORK ________________________________________________________________________ 917 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation AN ACT to amend the parks, recreation and historic preservation law, in relation to requiring the office of parks, recreation and historic preservation to acquire all mineral rights to real property acquired by such office THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 3.17 of the parks, recreation and historic preservation law, as amended by chapter 727 of the laws of 1978, is amended to read as follows: 1. Notwithstanding any other provision of law, the commissioner may acquire such property as may be necessary for the purposes and functions of the office, within the amounts appropriated or available therefore. Such property may be acquired pursuant to the provisions of the eminent domain procedure law, or by purchase, lease, exchange, grant, condemna- tion, gift, devise, bequest, or by any other lawful means. No real prop- erty shall be so acquired unless the title thereto is approved by the attorney general. PROVIDED, FURTHER, THAT NO REAL PROPERTY SHALL BE ACQUIRED, RECEIVED, HELD OR ADMINISTERED BY THE COMMISSIONER UNLESS THE MINERAL RIGHTS ON AND UNDER SUCH LAND ARE ALSO ACQUIRED BY THE COMMIS- SIONER IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK; PROVIDED, HOWEVER, THAT THE COMMISSIONER MAY ACQUIRE, RECEIVE, HOLD OR ADMINISTER REAL PROPERTY TO WHICH HE OR SHE HAS NOT ACQUIRED THE MINERAL RIGHTS THERETO IN ANY CASE IN WHICH THE COMMISSIONER FINDS THAT SUCH REAL PROP- ERTY IS OF GREAT SIGNIFICANCE AND IMPORTANCE TO THE STATE. PRIOR TO THE ACQUISITION, RECEIPT, HOLDING OR ADMINISTRATION OF REAL PROPERTY BY THE OFFICE TO WHICH THE COMMISSIONER HAS NOT ACQUIRED THE MINERAL RIGHTS THERETO, THE COMMISSIONER SHALL ISSUE AN ANALYTICAL REPORT THAT PROVIDESEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00523-01-3 S. 917 2
JUSTIFICATION AND THE RATIONALE FOR SUCH PROPERTY ACQUISITION, NOTWITH- STANDING THE LACK OF THE MINERAL RIGHTS THERETO, INCLUDING BUT NOT LIMITED TO A DESCRIPTION OF THE REAL PROPERTY, THE SIGNIFICANCE AND IMPORTANCE OF THE LAND TO THE STATE, AND THE ECONOMIC BENEFITS AND IMPACTS AND LOCAL IMPACTS OF ACQUIRING SUCH REAL PROPERTY. AT LEAST ONE MONTH AFTER THE ISSUANCE OF SUCH REPORT, THE OFFICE SHALL CONDUCT ONE OR MORE PUBLIC HEARINGS, WITH AT LEAST ONE SUCH HEARING IN THE IMPACTED AREA, AND SUCH ACTIONS SHALL BE PUBLISHED IN THE ENVIRONMENTAL NOTICE BULLETIN AT LEAST ONE MONTH PRIOR TO SUCH HEARING. Notwithstanding the provisions of section eleven of the state finance law, the commissioner may accept a conditional grant, gift, devise or bequest with the approval of the director of the budget. Title to real property which is acquired shall be taken in the name of and be vested in the people of the state of New York. S 2. This act shall take effect immediately and shall apply to real property acquired or received on or after such date.