NY State Senate Bill 2019-S8812

Senate Bill S8812

2019-2020 Legislative Session

Relates to the sale of certain lands in the towns of Cuba, Allegany county and Ischua, Cattaraugus county, and the disbursement of monies from the Cuba lake management fund

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 20, 2020	referred to rules

2019-S8812 (ACTIVE) - Details

See Assembly Version of this Bill:: A10945
Current Committee:: Senate Rules
Law Section:: State Finance Law
Laws Affected:: Amd §§1 & 3, Chap 264 of 1981; amd §97-www, St Fin L
Versions Introduced in 2021-2022 Legislative Session:: S1753, A5338

2019-S8812 (ACTIVE) - Summary

Relates to the sale of certain lands in the towns of Cuba, Allegany county and Ischua, Cattaraugus county, and the disbursement of monies from the Cuba lake management fund.

2019-S8812 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8812

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to amend chapter 264 of the laws of 1981, relating to authorizing
the sale of certain lands in the towns of Cuba, Allegany county and
Ischua, Cattaraugus county, and the state finance law, in relation to
the sale of certain lands in the towns of Cuba, Allegany county and
Ischua, Cattaraugus county, and the disbursement of monies from the Cuba
lake management fund

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to the sale of certain lands in the towns of Cuba, Allegany
County and Ischua, Cattaraugus County, and the disbursement of monies
from the Cuba lake management fund.

 
SUMMARY OF PROVISIONS:

Section 1: Sections 1 and 3 of chapter 264 of the laws of 1981 relating

to the sale of certain lands in the towns of Cuba, Allegany county and
Ischua, Catteraugus county, as amended by chapter 644 of the laws of
1983 are amended to sell that lands at a reasonable value.

Section 2: Subdivisions 2, 3, and 6 of section 97-www of the state
finance law as added by chapter 342 of the laws of 2000, are amended to
include the maintenance of the spillway and dam by the state after such
sale of the property.

Section 3: Effective date.

 
JUSTIFICATION:

Cuba Lake is a human-made lake located partially in Cattaraugus County
and in Allegany County. The Lake was created by the State of New York in
the mid 19th century to supply water to the Genesee Valley Canal.  Once
the State discontinued the Genesee Valley Canal, over decades, the lands
around the Lake were leased by the State to private individuals in small
lots for recreational use. By the mid-1970s, cottages around the Lake
had become significantly improved; and the waters of the Lake had become
a source of substantial public recreation. In 1981, the cottage owners
at Cuba Lake and the Office of General Services concluded that it would
be to the advantage of the State and the cottage owners that the State
establish a special use district to manage the Lake. The legislation
creating the Cuba Lake District drafted in broad powers to permit full
District management the Lake and, as provided by companion legislation,
envisioning the District's acquisition of the land around the Lake as
part of its administration. (See Chapters 263 and 264 of the Laws of
1981)

Shortly after the establishment of the District and completion of
related actions to bring it into existence, dialogue began between the
District and OGS for terms of a possible purchase of the lake lands by
the District. Later, in the 1990s, after years of negotiation, an agree-
ment was reached, but was not finalized due to the award of a portion of
the Cuba Lake to the Seneca Nation of Indian lands.


This bill will finalize the sale of the land to from the State to the
Cuba Lake management fund, with the State maintaining the spillway and
dam.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.
For the sale

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8812 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8812
 
                             I N  S E N A T E
 
                               July 20, 2020
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend chapter 264 of the laws of 1981, relating to authorizing
   the sale of certain lands in the towns of Cuba,  Allegany  county  and
   Ischua,  Cattaraugus county, and the state finance law, in relation to
   the sale of certain lands in the towns of Cuba,  Allegany  county  and
   Ischua,  Cattaraugus  county,  and the disbursement of monies from the
   Cuba lake management fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 1 and 3 of chapter 264 of the laws of 1981, relat-
 ing to authorizing the sale of certain lands in the towns of Cuba, Alle-
 gany county and Ischua, Cattaraugus county, as amended by chapter 644 of
 the laws of 1983, are amended to read as follows:
   §  1. The commissioner of general services in the executive department
 is hereby authorized to sell and convey or lease to the towns  of  Cuba,
 Allegany county and Ischua, Cattaraugus county or Allegany and Cattarau-
 gus  counties,  or a special district wherein situated OR TO THE LESSEES
 IN SUCH SPECIAL DISTRICT, in such parcels as the commissioner may deter-
 mine, the lands generally described in section two of this act.
   § 3. The commissioner of general services may fix  and  determine  the
 terms  and conditions of sale or lease including the consideration to be
 paid by the town, county, or special district OR LESSEES which shall not
 be less than the fair [market] AND REASONABLE value thereof.
   § 2. Subdivisions 2, 3 and 6 of section 97-www of  the  state  finance
 law, as added by chapter 342 of the laws of 2000, are amended to read as
 follows:
   2.  The  Cuba  lake  management  fund  shall  consist  of all revenues
 collected from the rental, SALE or lease of state lands within the  Cuba
 Lake  district, as established by chapter two hundred sixty-three of the
 laws of nineteen hundred eighty-one, and paid pursuant to a lease, SALE,
 or other agreement OR APPLICATION entered into OR MADE after the  effec-
 tive date of this section.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16604-01-0

 S. 8812                             2
 
   3.  The  monies  of the Cuba lake management fund, following appropri-
 ation by the legislature and the issuance of a certificate  of  approval
 by the director of the budget, shall be made available for the following
 purposes:
   (a)  payment  of  fees,  pursuant to a contract approved in accordance
 with all applicable statutes, to a contractor or contractors for capital
 improvements to the lands and appurtenant structures necessary  for  the
 continued  protection  and preservation of the impoundment area known as
 the Oil Creek reservoir, INCLUDING WITHOUT LIMITATION THE  SPILLWAY  AND
 THE DAM;
   (b)  payment  of  fees,  pursuant to a contract approved in accordance
 with all applicable statutes, to the Cuba Lake district or other  entity
 identified  by  the commissioner of general services, for the purpose of
 management of the Cuba Lake district, including, without limitation, for
 the services of collection of rentals or other fees related to  the  use
 or  occupation  of  state  owned  lands within such district OR FEES AND
 COSTS RELATED TO THE SALE OF STATE OR CUBA LAKE DISTRICT OWNED LANDS  or
 for  other  such  purpose  as the commissioner of general services shall
 determine; and
   (c) payment of fees, pursuant to a  contract  approved  in  accordance
 with  all applicable statutes, to a contractor or contractors, which may
 include the Cuba Lake district, for the establishment and maintenance of
 public access to the waters of Cuba lake for the  purposes  of  fishing,
 boating and other recreational uses.
   6. Any monies deposited into the Cuba lake management fund, EXCEPT FOR
 MONIES OBTAINED FROM THE SALE OF STATE OR CUBA LAKE DISTRICT OWNED LANDS
 WITHIN  THE  CUBA  LAKE  DISTRICT, in excess of the amounts necessary to
 accomplish the purposes thereof shall, at the end of each  state  fiscal
 year,  be  transferred  to  and  deposited  into the general fund of the
 state.
   § 3. This act shall take effect immediately.

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