2023 New York Laws › ENV - Environmental Conservation › Article 58 - Implementation of the "Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022" › 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; and
c. 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.