What's happening
This bill requires municipalities to report and comply with conditions when alienating municipal parkland, with enforcement for noncompliance.
Why it matters
Increases transparency and accountability. by requiring municipalities to publicly report on the status and compliance of any parkland alienation (sale, lease, or repurposing of park space) after receiving legislative approval.
Protects public park resources. by mandating that municipalities detail how they have fulfilled all legislative conditions, including providing replacement parkland or making improvements when parkland is lost or converted, helping ensure public recreational spaces are preserved or compensated for.
Establishes enforceable consequences. for noncompliance, empowering the attorney general to seek court orders to halt further parkland alienation if municipalities do not comply with reporting or legislative requirements within specified timeframes.
Broadens the scope of oversight. by including school districts and other political subdivisions that have received state or federal parkland grants, potentially affecting more types of public land and increasing the consistency of parkland protection statewide.
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Who cares
Municipal governments and chief executives
Municipalities authorized by state legislation to sell, lease, discontinue or change the use of parkland would have to submit signed compliance reports and annual updates until all conditions are met.
State parks officials
The office would receive municipal compliance reports and could refer violations to the attorney general for enforcement.
New York attorney general
The bill would authorize lawsuits to block municipal parkland alienation when municipalities fail to meet reporting requirements or conditions in the authorizing legislation.
Park users and open-space advocates
Required reports would document whether municipalities have provided replacement parkland or dedicated required funding for park acquisition or improvements.
Headline styles
Report Parkland Sales Required
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 29
No co-sponsors yet.
History
- Referred to local governments
- Delivered to assembly
- Passed senateVote 59–1
- Advanced to third reading
- 2nd report cal.
- 1st report cal.449
- Referred to cultural affairs, tourism, parks and recreation
- Returned to senate
- Died in assembly
- Referred to local governments
- Delivered to assembly
- Passed senateVote 61–0
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.124
- Referred to cultural affairs, tourism, parks and recreation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Report Parkland Sales
In Assembly Committee · Local Governments · Sponsor Steven Englebright
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
180
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
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 the reporting of alienation of municipal parkland
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The parks, recreation and historic preservation law is amended by adding a new article 16 to read as follows:
ARTICLE 16
MUNICIPAL PARKLAND ALIENATION Section 16.01 Definitions.
16.03 Parkland alienation reporting.
16.05 Parkland alienation enforcement.
§ 16.01 Definitions. When used in this article:
1. "Municipal parkland" shall mean real property or interests therein that is owned by a municipality that provides public park, recreation, or open space protection purposes. Municipal parkland includes: lands that have been dedicated for such purposes by the municipality through a formal resolution or similar action; lands that have been purchased or accepted for such purposes; or lands that currently or historically have been available to and used by the public for such purposes.
2. "Municipal parkland alienation" shall mean any action by a municipality to sell, lease, discontinue, or change the use of municipal parkland.
3. "Municipality" shall mean a county, town, city, or village. It shall also mean a school district or other political subdivision in instances where such entity has obtained state or federal grant funding for the creation of municipal parkland.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02629-01-9
S. 180 2
4. "Parkland alienation legislation" shall mean legislation introduced in the state legislature authorizing a municipality to alienate parkland under its jurisdiction.
§ 16.03 Parkland alienation reporting. Any municipality that has received alienation authorization through enactment of municipal parkland alienation legislation shall submit a report to the office no later than December thirty-first of the calendar year following the enactment of the legislation. Such report shall be signed by the municipality's chief executive officer and shall include:
1. A narrative description of the status of the parkland alienation actions authorized and required in the legislation; and
2. An attestation that the municipality has complied with all conditions of the parkland alienation legislation, including the dedication of any required replacement parkland or, in the case of utility easements, the dedication of funding for the acquisition of additional parkland or capital improvements to existing parkland facilities; or
3. In the event that any condition of the parkland alienation legislation has not been fully complied with, the municipality shall provide the office with an interim report detailing the status of its actions and an explanation as to why certain conditions have not been met, along with the anticipated date by which such conditions will be met. The municipality shall continue to file interim reports annually until such time as the conditions have been met and a final report is filed. Unless a longer time period is specified in the legislation authorizing the alienation, if the conditions of the alienation have not been met by December thirty-first of the third calendar year following the enactment of parkland alienation legislation, the municipality shall be subject to enforcement pursuant to section 16.05 of this article.
§ 16.05 Parkland alienation enforcement. An action for injunctive relief as provided in this section against a municipality violating any provision of this article may be brought by the attorney general upon referral by the office or upon his or her own initiative. A municipality may be enjoined from alienating parkland where it acts or has acted in furtherance of parkland alienation without compliance with the requirements of this article, including reporting requirements and parkland alienation legislation requirements.
§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the parks, recreation and historic preservation law, in relation to the reporting of alienation of municipal parkland
Purpose or general idea of bill
Municipally owned parkland is vital to local communities. Once lost, municipal parkland is difficult to recover. The alienation of municipal parkland should be limited to instances of compelling public need where no other alternative is available, and should be accompanied by replace- ment parkland.
Summary of specific provisions
*Defines "municipal parkland," "municipal, parkland alienation," "muni- cipality," and "parkland alienation legislation."
*Provides that any municipality that has received alienation authori- zation through enactment of municipal parkland alienation legislation shall submit a report to the Office of Parks, Recreation and Historic Preservation.
*Provides for enforcement powers by the attorney general for violations of this act by a municipality.
Justification
For more than a century, New York courts have held that municipal park- land is subject to a "public trust" for the benefit of the public. As a result, courts have rules that municipal parkland may not be alienated without prior enactment of state legislation authorizing such alien- ation.
Municipally owned parkland greatly enhances the quality of life, commu- nity character, and economic vitality of communities throughout New York State by providing healthy, affordable, and educational opportunities to New Yorkers and tourists. Unfortunately, once lost municipal parkland is difficult, if not impossible, to recover. Therefore, the alienation of parkland should be limited to instances of compelling public need where no other alternative is available and should be accompanied by replace- ment parkland to be made available to the community.
Prior legislative history
2017/2018: S.3051A: Passed the Senate. Delivered to Assembly-Referred to Local Governments. 2015/2016: S.705A: Passed Senate. Delivered to Assembly-Referred to Local Governments. 2013/2014: S.5600: Passed Senate. Delivered to Assembly-Referred to Local Governments.
Fiscal implications
None by the State.
Effective date
This act shall take effect on the first of January next succeeded the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.