Authorizes the town of Greenburgh to alienate and discontinue the use of certain parkland and to lease such land to HESP Solar LLC for a term not to exceed twenty-five years.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11533
SPONSOR: Rules (Shimsky) TITLE OF BILL:
An act authorizing the town of Greenburgh, county of Westchester, to
alienate and discontinue the use of certain parkland
PURPOSE:
The purpose of this bill is to authorize the Town of Greenburgh to lease
a parking lot located in Anthony F. Veteran Park to HESP Solar LLC,
allowing HESP Solar LLC to install solar canopies and electric vehicle
charging stations for municipal and public use.
SUMMARY OF PROVISIONS:
Section 1 of the bill authorizes the Town of Greenburgh to lease a
specific piece of its parkland to HESP Solar LLC for no more than 25
years for the construction of a solar facility and electric vehicle
charging stations.
Section 2 states that any proceeds the Town of Greenburgh receives from
the leasing of its parkland to HESP Solar LLC must be used either for
the acquisition of new parkland or to improve existing park and recre-
ation facilities within the Town.
Section 3 outlines the exact area of parkland that the Town of Green-
burgh will lease to HESP Solar LLC.
Section 4 states that if the parkland outlined in Section 3 is no longer
used as a solar facility and electric vehicle charging stations, the
lease will be terminated and use of the land will revert back to the
Town of Greenburgh.
Section 5 states that if the Town of Greenburgh has ever used federal
funding or assistance to purchase, maintain, or improve the parkland
outlined in Section 3, the Town of Greenburgh must comply with all
federal parkland alienation requirements before it can lease the park-
land to HESP Solar LLC.
Section 6 is the effective date.
JUSTIFICATION:
The Town of Greenburgh intends to install solar canopies and, potential-
ly, electric vehicle charging stations in the parking lot of Anthony F.
Veteran Park. This project will allow the Town to generate renewable
energy in an area that currently only serves as parking space, and the
project is aligned with the Town's goals for energy conservation and
sustainability. Once the project is complete, the installations will
provide the Town, its residents, and its visitors with additional
services with no net reduction in the number of parking spaces offered
in Anthony F. Veteran Park.To install the solar canopies and charging
stations, the Town will lease the land containing the parking lot to
HESP Solar LLC for no more than twenty-five years. In order for the Town
to lease this parkland, the Legislature must first pass legislation
permitting the alienation of this parkland. If the Town decides to
remove the solar canopies and charging stations from the specified park-
ing lot before the end of its lease with HESP Solar LLC, then the lease
will terminate and the parking lot must be returned to its original
state.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
11533
IN ASSEMBLY
May 31, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Shimsky) --
read once and referred to the Committee on Local Governments
AN ACT authorizing the town of Greenburgh, county of Westchester, to
alienate and discontinue the use of certain parkland
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subject to the provisions of this act, the town of Green-
2 burgh, county of Westchester, acting by and through its governing body
3 and upon such terms and conditions as determined by such body, is hereby
4 authorized to discontinue as parklands and lease at fair market value to
5 HESP Solar LLC for a term not to exceed twenty-five years the lands more
6 particularly described in section three of this act for the purpose of
7 constructing a solar facility and electric vehicle charging stations.
8 § 2. All proceeds from alienation and lease of the parklands author-
9 ized by section one of this act shall be used for acquisition of new
10 parklands and/or towards capital improvements to existing park and
11 recreational facilities.
12 § 3. The parklands authorized by section one of this act to be discon-
13 tinued as parklands and leased are described as follows:
14 ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, situate, lying and being
15 in the Town of Greenburgh, County of Westchester and State of New York,
16 bounded and described as follows:
17 BEGINNING at a point which is the following courses and distances from
18 the most northerly corner of land designated as Parcel 2 on a certain
19 map entitled "Subdivision plat prepared for Richard Greenspan" dated
20 Oct. 3, 2002 and filed in the Office of the County Clerk of Westchester
21 County, Division of land Records, formerly Office of the Register of
22 Westchester County, on Oct. 24, 2005 as Map No.27654, North 49°20'10"
23 East 551.65 feet and North 17° 14' 40" East 45.35 feet to a point on the
24 southerly line of the hereby described parcel;
25 RUNNING THENCE from said point along the southerly line of the hereby
26 described parcel North 69°26'00" West 28.74 feet to the point and place
27 of beginning of the hereby described parcel:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15997-03-6
A. 11533 2
1 RUNNING THENCE from said point of beginning along the perimeter lines
2 of the hereby described parcel, the following courses and distances:
3 North 20° 34' 00" East 90.00 feet,
4 North 73° 11' 00" West 302.00 feet,
5 North 15° 37' 15" East 80.00 feet,
6 North 38° 48' 12" East 231.00 feet,
7 South 73°11' 00" East 565.00 feet,
8 South 16° 49' 00" West 194.00 feet,
9 North 73° 11" 00" West 225.00 feet,
10 South 20° 34' 00" West 198.00 feet and
11 North 69° 26' 00" West 116.00 feet to the point and PLACE OF BEGIN-
12 NING.
13 Calculated Area: 170,337 Sq. Ft. / 3.9104 Acres
14 § 4. Should the lands described in section three of this act cease to
15 be used for the purposes described in section one of this act, the lease
16 shall terminate and those lands shall revert to the town of Greenburgh
17 for public park and recreational purposes. At the time of such rever-
18 sion, the removal of any solar facilities and electric charging stations
19 shall take place and the property shall be returned to its previous
20 state, consistent with park and recreation purposes.
21 § 5. In the event that the town of Greenburgh received any funding,
22 support or assistance from the federal government for the purchase,
23 maintenance or improvement of the parklands set forth in section three
24 of this act, the discontinuance and alienation of such parkland author-
25 ized by the provisions of this act shall not occur until the town of
26 Greenburgh has complied with any federal requirements pertaining to the
27 alienation or conversion of parklands, including satisfying the secre-
28 tary of the interior that the alienation or conversion complies with all
29 conditions which the secretary of the interior deems necessary to assure
30 the substitution of other lands shall be equivalent in fair market value
31 and usefulness to the lands being alienated or converted.
32 § 6. This act shall take effect immediately.
