What's happening
This bill creates an Urban Open Space Program and fund to support acquiring, improving, and protecting open spaces in New York cities.
Why it matters
Addresses Urban Environmental Challenges. The program is designed to reduce air and noise pollution, moderate city temperatures, support watershed management, and provide habitats for urban wildlife—directly targeting issues that often negatively impact city dwellers’ health and quality of life.
State and City Partnership. Funding and decision-making are shared between state and city governments, meaning local needs and priorities can shape projects, but with oversight to ensure resources are used effectively and equitably. This structure may encourage cities to participate while maintaining accountability.
Long-term Protection of Open Spaces. Any property acquired through the program must be kept for open space purposes unless the state legislature specifically authorizes another use. This provision aims to secure lasting public benefits and prevent future repurposing or privatization of these lands.
Dedicated, Protected Funding. By creating a separate Urban Open Space Program Fund with an initial $10 million appropriation, the bill ensures that resources for urban green spaces cannot be diverted for other uses and that funding is available for both acquisition and ongoing management. This could result in more reliable and effective urban park development.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Create Urban Green Spaces
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to finance
- Referred to finance
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.
Create Urban Green Spaces
In Assembly Committee · Tourism, Parks, Arts And Sports Development · Sponsor Joseph Lentol
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3189
2019-2020 Regular Sessions
IN SENATE
February 4, 2019
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 Assembly, 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.
§ 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, establishment, 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, assisting 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:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02128-01-9
S. 3189 2
(a) acquisition, creation, establishment, expansion, improvement, conservation and protection of open space areas in cities by the office for UOS program purposes; and
(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 commissioner, 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 acquisition 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 application 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
S. 3189 3
pursuant to this section and the form for applications for such state aid.
§ 2. The state finance law is amended by adding a new section 97-ssss to read as follows:
§ 97-ssss. Urban open space program fund. 1. There is hereby established 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 commingled 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 interest 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.
§ 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 historic 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.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Purpose or general idea of bill
Provides for the establishment of the Open Space Program Fund in the office of Parks, Recreation and Historic Preservation.
Summary of specific provisions
Section 1 amends the Parks, Recreation and Historic Preservation Law by adding a new article 18, creating the Open Space Program.
Section 2 amends the State Finance Law by adding a new section 97-pppp, which creates the Open Space Program Fund.
Section 3 provides for an appropriation from the state's general fund.
Section 4 sets the effective date.
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 DOS, which cities can utilize to acquire, create, expand, improve, conserve and/or protect open spaces in their communities.
Legislative history
2011-12: A.561 Referred to Tourism, Parks, Arts and Sports Development/S.6931 Referred to Finance 2013-14: S.368 Referred to Finance/ A.1648 Referred to Tourism, Parks, Arts and Sports Development 2015-16: S.745 Referred to Finance and Amended/A.559-A Held for consid- eration in Tourism, Parks, Arts, and Sports Development 2017-18: S.1810 Referred to Finance
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.