NY State Senate Bill 2021-S1753

Senate Bill S1753

2021-2022 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 Via A5338 - Passed Senate

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 09, 2022	returned to assembly passed senate 3rd reading cal.997 substituted for s1753
May 09, 2022	substituted by a5338
May 05, 2022	advanced to third reading
May 04, 2022	2nd report cal.
May 03, 2022	1st report cal.997
Jan 05, 2022	referred to finance
Jan 14, 2021	referred to finance

Votes

- May 9, 2022 - Floor Vote
  A5338
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 9, 2022
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      excused (1)
      
      Brouk
  May 3, 2022 - Finance Committee Vote
  S1753
  
  22
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 3, 2022
      
      aye (22)
      
      Bailey
      
      Borrello
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      O'Mara
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Savino
      
      Serino
      
      Skoufis
      
      Stavisky
      
      Tedisco
      
      Thomas
      
      absent (1)
      
      Parker

2021-S1753 (ACTIVE) - Details

See Assembly Version of this Bill:: A5338
Law Section:: State Finance Law
Laws Affected:: Amd §§1 & 3, Chap 264 of 1981; amd §97-www, St Fin L
Versions Introduced in 2019-2020 Legislative Session:: S8812, A10945

2021-S1753 (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.

2021-S1753 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1753

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, Cattaraugus 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 middle 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:

2020: S.8812/A.10945 Referred to Rules

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.  For the sale

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1753 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1753
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04745-01-1

 S. 1753                             2
 
 or other agreement OR APPLICATION entered into OR MADE after the  effec-
 tive date of this section.
   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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