S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1104
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced by Sens. COMRIE, RAMOS -- read twice and ordered printed, and
   when printed to be committed to the Committee on Corporations, Author-
   ities and Commissions
 
 AN  ACT to amend the public authorities law and the public lands law, in
   relation to the sale or transfer of certain real property by the state
   or public authorities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  2897 of the public authorities law is amended by
 adding a new subdivision 8 to read as follows:
   8. COMPTROLLER AND ATTORNEY GENERAL APPROVAL OF CONTRACTS. A.  NEGOTI-
 ATED CONTRACTS FOR THE DISPOSAL OF REAL PROPERTY WITH AN ESTIMATED  FAIR
 MARKET  VALUE  IN  EXCESS  OF  TWO  HUNDRED  FIFTY THOUSAND DOLLARS TO A
 PRIVATE ENTITY SHALL REQUIRE SUPERVISION IN THE FORM OF PRIOR REVIEW AND
 APPROVAL OF SUCH CONTRACTS AND ANY SUCH CONTRACT ENTERED INTO  SHALL  BE
 SUBMITTED TO THE COMPTROLLER AND THE ATTORNEY GENERAL FOR THEIR APPROVAL
 AND SHALL NOT BE A VALID ENFORCEABLE CONTRACT UNLESS IT SHALL FIRST HAVE
 BEEN  SO  APPROVED.  THE  COMPTROLLER, IN CONSULTATION WITH THE ATTORNEY
 GENERAL, SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY
 TO CARRY OUT THEIR RESPONSIBILITIES UNDER THIS  SECTION,  INCLUDING  BUT
 NOT  LIMITED  TO  THE  STANDARDS FOR APPROVING CONTRACTS SUBJECT TO THIS
 SUBDIVISION.
   B. WHERE A CONTRACT IS SUBJECT TO MANDATORY REVIEW BY THE  COMPTROLLER
 AND  THE  ATTORNEY  GENERAL PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION,
 THE VENDOR PUBLIC AUTHORITY SHALL INCLUDE OR CAUSE  TO  BE  INCLUDED  IN
 EACH  SUCH  CONTRACT  A  PROVISION  INFORMING  THE OTHER PARTY THAT SUCH
 CONTRACT IS SUBJECT TO THE  COMPTROLLER'S  AND  THE  ATTORNEY  GENERAL'S
 APPROVAL PURSUANT TO THIS SUBDIVISION AND THE COMPTROLLER'S AUTHORITY TO
 SUPERVISE  THE  ACCOUNTS  OF PUBLIC CORPORATIONS. IF THE COMPTROLLER AND
 THE ATTORNEY GENERAL HAVE  NOT  APPROVED  OR  DISAPPROVED  ANY  CONTRACT
 SUBJECT  TO  HIS OR HER APPROVAL WITHIN NINETY DAYS OF SUBMISSION TO HIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03336-01-3
              

 S. 1104                             2
 
 OR HER OFFICE, SUCH CONTRACT SHALL BECOME VALID AND ENFORCEABLE  WITHOUT
 SUCH APPROVAL.
   §  2.  The public lands law is amended by adding a new section 33-a to
 read as follows:
   § 33-A. COMPTROLLER AND ATTORNEY  GENERAL  APPROVAL  OF  PRIVATE  SALE
 CONTRACTS.  1. TO THE EXTENT A PUBLIC SALE IS NOT REQUIRED AND A NEGOTI-
 ATED CONTRACT FOR THE DISPOSAL OF UNAPPROPRIATED  STATE  LANDS  WITH  AN
 ESTIMATED FAIR MARKET VALUE IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS TO
 A  PRIVATE ENTITY IS DEEMED AUTHORIZED BY THE PROVISIONS OF THIS ARTICLE
 OR ANY OTHER PROVISION OF  LAW,  RULE  OR  REGULATION,  SUCH  NEGOTIATED
 CONTRACT  SHALL  REQUIRE  SUPERVISION  IN  THE  FORM OF PRIOR REVIEW AND
 APPROVAL OF SUCH CONTRACT AND ANY SUCH CONTRACT ENTERED  INTO  SHALL  BE
 SUBMITTED TO THE COMPTROLLER AND THE ATTORNEY GENERAL FOR THEIR APPROVAL
 AND  SHALL  NOT  BE A VALID ENFORCEABLE   CONTRACT UNLESS IT SHALL FIRST
 HAVE BEEN SO APPROVED. THE COMPTROLLER, IN CONSULTATION WITH THE  ATTOR-
 NEY  GENERAL,  SHALL  PROMULGATE  SUCH  RULES  AND REGULATIONS AS MAY BE
 NECESSARY TO  CARRY  OUT  THEIR  RESPONSIBILITIES  UNDER  THIS  SECTION,
 INCLUDING  BUT  NOT  LIMITED  TO  THE  STANDARDS FOR APPROVING CONTRACTS
 SUBJECT TO THIS SUBDIVISION.
   2. WHERE A CONTRACT IS SUBJECT TO MANDATORY REVIEW BY THE  COMPTROLLER
 AND  THE  ATTORNEY  GENERAL PURSUANT TO SUBDIVISION ONE OF THIS SECTION,
 THE VENDOR SHALL INCLUDE OR CAUSE TO BE INCLUDED IN EACH SUCH CONTRACT A
 PROVISION INFORMING THE OTHER PARTY THAT SUCH CONTRACT IS SUBJECT TO THE
 COMPTROLLER'S AND THE  ATTORNEY  GENERAL'S  APPROVAL  PURSUANT  TO  THIS
 SECTION.  IF  THE COMPTROLLER AND THE ATTORNEY GENERAL HAVE NOT APPROVED
 OR DISAPPROVED ANY CONTRACT SUBJECT TO HIS OR HER APPROVAL WITHIN NINETY
 DAYS OF SUBMISSION TO HIS   OR HER OFFICE, SUCH  CONTRACT  SHALL  BECOME
 VALID AND ENFORCEABLE WITHOUT SUCH APPROVAL.
   3.  THE  PROVISIONS OF THIS SECTION SHALL BE EFFECTIVE NOTWITHSTANDING
 THE PROVISIONS OF ANY OTHER GENERAL  OR  SPECIAL  LAW  RELATING  TO  THE
 DISPOSAL  OF LANDS BELONGING TO THE STATE, AND ANY SUCH STATUTE OR PARTS
 THEREOF RELATING TO SUCH DISPOSAL OF STATE LANDS  INSOFAR  AS  THEY  ARE
 INCONSISTENT WITH THE PROVISIONS OF THIS SECTION ARE HEREBY SUPERSEDED.
   § 3. Subdivision 4 of section 3 of the public lands law, as amended by
 chapter 672 of the laws of 2019, is amended to read as follows:
   4.  A.  Notwithstanding  any  other provision of this chapter or other
 statute, the commissioner of general services, upon the  application  of
 any  state  department, or a division, bureau or agency thereof, or upon
 the application of any state agency, may transfer to such state  depart-
 ment,  division,  bureau,  or  agency, or state agency, the jurisdiction
 over any lands, including lands under water, abandoned canal  lands  and
 salt  springs  reservation  land,  upon such terms and conditions as the
 commissioner may deem just and  proper  and  upon  the  consent  of  the
 department,  or a division, bureau or agency thereof, or any state agen-
 cy, already having jurisdiction over such lands and notwithstanding  any
 other provision of this chapter or other statute, authority to give such
 consent  is hereby conferred upon the head of any such state department,
 or a division, bureau or agency thereof, or any state agency;  provided,
 however,  that  if  the commissioner of general services determines that
 any such land under the jurisdiction of any state department, or a divi-
 sion, bureau or agency thereof, or any state agency other than a  public
 authority  or  public  benefit  corporation  is under utilized or is not
 being utilized in a manner consistent with the  best  interests  of  the
 state,  such  commissioner  may  on  his own initiative, and without the
 application or consent referred to above but subject  to  the  procedure
 and  review  provided  in  section  two-a  of this article, transfer the
 S. 1104                             3
 
 jurisdiction over such land to any other state department,  or  a  divi-
 sion,  bureau  or agency thereof, or any other state agency other than a
 public authority or public benefit corporation.
   B.  Should such land be under the jurisdiction of the office of mental
 health or the office for people  with  developmental  disabilities  upon
 which  a  community  residential facility for the disabled as defined in
 section 41.34 of the mental hygiene  law  exists,  the  commissioner  of
 general services shall, prior to transferring the jurisdiction over such
 land  to  any  other  state  department, or a division, bureau or agency
 thereof, or any other state agency other  than  a  public  authority  or
 public  benefit  corporation  offer such land for sale at public auction
 pursuant to section thirty-three of  this  chapter;  provided,  however,
 that  the  provisions  of section four hundred six of the eminent domain
 procedure law shall apply to such property.
   C.  NO TRANSFER OF LAND, AS DESCRIBED IN THIS SUBDIVISION, OR GRANT OR
 CONVEYANCE OF LAND TO A PUBLIC AUTHORITY OR PUBLIC  BENEFIT  CORPORATION
 SHALL  BE  DEEMED  VALID  UNLESS  NOTICE  IS PROVIDED IN WRITING TO EACH
 MEMBER OF THE LEGISLATURE IN WHOSE DISTRICT  ANY  PORTION  OF  THE  LAND
 SUBJECT  TO THE PROPOSED TRANSFER IS LOCATED.  SUCH NOTICE SHALL PROVIDE
 A DESCRIPTION OF THE LAND, IDENTIFICATION OF THE PROPOSED TRANSFEROR AND
 TRANSFEREE STATE DEPARTMENTS, DIVISIONS, BUREAUS, AGENCIES, STATE  AGEN-
 CIES,  PUBLIC  AUTHORITIES  OR PUBLIC BENEFIT CORPORATIONS AND THE TERMS
 AND CONDITIONS OF THE PROPOSED TRANSFER. UNLESS WITHIN THIRTY DAYS  FROM
 THE  DATE  SUCH NOTICE IS GIVEN, A MEMBER OF THE LEGISLATURE ENTITLED TO
 NOTICE PURSUANT TO THIS PARAGRAPH OBJECTS TO SUCH PROPOSED  ACTION,  THE
 COMMISSIONER  OF  GENERAL SERVICES MAY EFFECT SUCH TRANSFER OF JURISDIC-
 TION. IF WITHIN THIRTY DAYS OF THE GIVING OF SUCH NOTICE,  A  MEMBER  OF
 THE LEGISLATURE ENTITLED TO NOTICE PURSUANT TO THIS PARAGRAPH OBJECTS TO
 THE  ACTION  PROPOSED  BY THE COMMISSIONER OF GENERAL SERVICES BY FILING
 NOTICE TO SUCH EFFECT WITH THE COMMISSIONER OF  GENERAL  SERVICES,  SUCH
 PROPOSED  ACTION SHALL BE REVIEWED BY THE DIRECTOR OF THE BUDGET AND THE
 SECRETARY OF STATE. THEY SHALL AFFIRM OR REVERSE THE PROPOSED ACTION  BY
 THE  COMMISSIONER  AND  THAT DECISION SHALL BE FINAL. IF THEY AFFIRM THE
 PROPOSED ACTION OR FAIL TO RENDER A DETERMINATION WITHIN SIX  MONTHS  OF
 THE  DATE  OF  THE  NOTICE,  THE  COMMISSIONER MAY THEREUPON EFFECT SUCH
 TRANSFER.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.