NY Env Conserv L § 58-0503 (2021)
2021 New York Laws ENV - Environmental Conservation Article 58 - Implementation of the Environmental Bond Act of 2022 "Restore Mother Nature" Title 5 - Open Space Land Conservation and Recreation 58-0503 - Programs, Plans and Projects.

* § 58-0503. Programs, plans and projects.1.  Eligible  open  space  working  lands  conservation and recreation   projects include, but are not limited to:a. costs associated with open space land conservation projects;b. costs associated with purchasing conservation easements to  protect   farmland  pursuant  to  article  twenty-five-aaa  of the agriculture and   markets law; andc. costs associated with recreational infrastructure projects.2. The department or the office  of  parks,  recreation  and  historic   preservation  are  authorized  to undertake open space land conservation   projects, in cooperation with willing sellers  pursuant  to  subdivision   one of this section and may enter into an agreement for purchase of real   property or conservation easements on real property by a municipality or   a  not-for-profit  corporation.  Any  such  agreement shall contain such   provisions as  shall  be  necessary  to  ensure  that  the  purchase  is   consistent  with, and in furtherance of, this title and shall be subject   to the approval of  the  comptroller  and,  as  to  form,  the  attorney   general. In undertaking such projects, such commissioners shall consider   the  state land acquisition plan prepared pursuant to section 49-0207 of   this chapter. Further, the department or the office of parks, recreation   and historic preservation are authorized  to  provide  state  assistance   payments   to  municipalities  for  eligible  projects  consistent  with   paragraphs a and c of subdivision one of this section.3. The cost of an open space land conservation project  shall  include   the  cost  of  preparing  a  management  plan  for  the preservation and   beneficial public enjoyment  of  the  land  acquired  pursuant  to  this   section  except  where  such  a  management  plan already exists for the   acquired land.4. The department and the department of agriculture  and  markets  are   authorized  to  provide,  pursuant  to paragraph b of subdivision one of   this section, farmland  preservation  implementation  grants  to  county   agricultural   and   farmland  protection  boards  pursuant  to  article   twenty-five-aaa  of   the   agriculture   and   markets   law,   or   to   municipalities,  soil and water conservation districts or not-for-profit   corporations for implementation of projects.5.  The  department  is  authorized  to  expend  moneys  to   purchase   equipment,  devices,  and  other  necessary materials and to acquire fee   title or conservation easements in lands  for  monitoring,  restoration,   recovery, or reintroduction projects for species listed as endangered or   threatened or listed as a species of special concern pursuant to section   11-0535 of this chapter.6.  The  department  or  the  office of parks, recreation and historic   preservation are authorized to expend moneys for the  planning,  design,   and  construction of projects to develop and improve parks, campgrounds,   nature centers, fish hatcheries, and other recreational facilities.7. The commissioner and a not-for-profit corporation may enter into  a   contract  for  the  undertaking  by the not-for-profit corporation of an   open space land acquisition project.8.  Real  property  acquired,   developed,   improved,   restored   or   rehabilitated  by  or  through a municipality pursuant to paragraph a of   subdivision one of this section or undertaken  by  or  on  behalf  of  a   municipality  with funds made available pursuant to this title shall not   be sold, leased, exchanged, donated or otherwise disposed of or used for   other than public park purposes without the express authority of an  act   of  the  legislature,  which shall provide for the substitution of other   lands of equal environmental value and fair market value and  reasonably   equivalent  usefulness and location to those to be discontinued, sold or    disposed of, and such other requirements as shall  be  approved  by  the   commissioner.9.  Provided  that  for the purposes of selecting projects for funding   under paragraphs a and  b  of  subdivision  one  of  this  section,  the   relevant   agencies   shall  develop  eligibility  guidelines  and  post   information on the department's  website  in  the  environmental  notice   bulletin  providing  for  a  thirty  day  public comment period and upon   adoption post such  eligibility  guidelines  on  the  relevant  agency's   website.* NB  Takes  effect  only if section 1 of part TT of chapter 59 of the   laws of 2021 enacting the environmental bond act of 2022 "restore mother   nature" is submitted to the people at the general election to be held in   November 2022 and is approved by the majority of votes