Introduced by COMMITTEE ON RULES
— (at request of M. of A. McEneny,
Canestrari) — read once
and referred to the Committee on Cities
AN ACT authorizing the city of Albany to repeal the dedication of
certain lands to
the Albany Pine Bush Preserve Commission and author-
izing the city of Albany
to utilize such lands for other than preserve
purposes
The People of
the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Notwithstanding any provision
of state law to the contrary,
2 the city of Albany, by local law,
may repeal the dedication of certain
3 parkland to the Albany Pine Bush Preserve Commission
and alienate such
4 parkland described in section three of
this act in order to protect the
5 continuing needs of the ANSWERS Solid Waste Planning Unit munici-
6 palities.
7 § 2. The authorization
provided by section one of this act shall take
8 effect only upon the condition that the city of Albany shall: (1)
9 obtain all necessary permits and approvals from
the New York state
10 department of environmental conservation to utilize such lands as a
11 landfill; (2) acquire a minimum of thirty (30) acres
of undeveloped pine
12 barrens land and shall dedicate such land to
the Albany pine bush
13 preserve, provided, however, that prior to such dedication the commis-
14 sioner of environmental conservation shall first certify that
the
15 replacement acreage to be acquired by the city has equal or greater
16 ecological value and substantially
greater fair market value than the
17 fair market value of the parklands authorized to
be alienated pursuant
18 to this act; (3) impose a tip fee surcharge in the
amount of two dollars
19 per ton on all solid waste
deposited into any new landfill expansion
20 provided, however, if the tip fee exceeds sixty dollars per ton such
21 surcharge shall be 3.333% of the tip
fee and provided further that the
22 city of Albany shall pay such tip fee surcharge on
a quarterly basis to
23 the Albany pine bush commission to
fund activities set forth in the
24 Albany pine bush management plan as established in section 46-0111 of
25 the environmental conservation law; (4) commit
to, following closure of
26 the landfill expansion, restore and plant all capped portions of the
A. 11936 2
1 landfill area, including older, non-active
sections of the landfill,
2 with plantings consisting of species that are
native to the Albany pine
3 bush and shall consult with the department of
environmental conservation
4 and the Albany pine bush commission in developing
a detailed restoration
5 and planting plan; and (5) hold one public hearing
ninety days after the
6 effective date of this act and one public
hearing immediately following
7 the close of the final comment period provided
for pursuant to article 8
8 of the environmental conservation law. Such
hearings shall be in addi-
9 tion to any public forums that may be
scheduled pursuant to the city of
10 Albany’s required compliance with article 8 of the
environmental conser-
11 vation law and permit applications. Notice of such
public hearings shall
12 be published by the city of Albany in all local newspapers in the
13 ANSWERS Solid Waste Planning Unit jurisdiction
and such hearings shall
14 be attended by the chief executive officer of the city of Albany and
15 provide all interested parties the opportunity to
be heard.
16 § 3. The parkland
authorized to be alienated by section one of this
17 act consists of a single parcel located in the city
of Albany, county of
18 Albany, and is bounded and described as follows:
19 All that certain piece or parcel of land situate
and lying westerly of
20 Rapp Road in the City of Albany, County of
Albany and State of New York
21 being more particularly bounded and described as
follows:
22 Commencing at a point on the municipal division line
between the Town of
23 Guilderland on the north and the City of Albany on the south at its
24 intersection with the property division line between lands
now or
25 formerly of The Nature Conservancy as described in
Liber 2528 of deeds
26 at page 175 on the north and lands now or formerly
of City of Albany as
27 described in Liber 2129 of deeds at page 879 on the
south; thence South
28 51°55’17" East, along the municipal
division line between said Town of
29 Guilderland and City of Albany, 636.14 feet to the
Point of Beginning of
30 the herein described property, said point being on
the property division
31 line between said lands now or formerly of City of
Albany as described
32 in Liber 2129 of deeds at page 879 on
the south and other lands now or
33 formerly of City of Albany as described in Liber
2662 of deeds at page
34 169 on the north; thence South
51°55’17" East, continuing along the
35 municipal division line between said Town of Guilderland and City of
36 Albany, 53.77 feet to a point; thence running
through said lands now or
37 formerly of City of Albany the following eleven (11) courses and
38 distances:
39 1) South 49°43’04" West, 820.38
feet to a point;
40 2) North 85°06’48" West, 122.93
feet to a point;
41 3) North 45°22’36" West, 197.87
feet to a point;
42 4) North 38°15’32" West, 174.17
feet to a point;
43 5) North 84°38’55" West, 60.57
feet to a point;
44 6) South 38°11’17" West, 122.03
feet to a point;
45 7) North 82°07’11" West, 127.54
feet to a point;
46 8) North 48°36’07" West, 387.71
feet to a point;
47 9) North 68°28’48" West, 129.34
feet to a point;
48 10) North 20°26’54" East, 90.26
feet to a point; and
49 11) South 88°37’37" East, 1596.82
feet to the point or place of begin-
50 ning.
51 Containing 549,217 square feet or 12.61
acres, more or less.
52 § 4. The discontinuance
and conveyance of parkland authorized by the
53 provisions of this act shall not occur until the city of Albany has
54 complied with any federal requirements
pertaining to the alienation or
55 conversion of parklands, including satisfying the
Secretary of the Inte-
56 rior that the alienation or conversion complies with all conditions
A. 11936 3
1 which the Secretary of the Interior deems necessary
to assure the
2 substitution of other lands shall be equivalent
in fair market value and
3 recreational usefulness to the lands being alienated
or converted.
4 § 5. Nothing in this act shall
be construed to direct, limit, or
5 restrict the department of environmental conservation’s statutory and
6 regulatory authority to review,
issue, or deny permits and approvals,
7 nor to constrain such department’s authority
to impose additional permit
8 conditions.
9 § 6. This act shall take effect
immediately.
