§ 3. Powers and duties; leases. 1. The office of general services
shall have the general care and superintendence of all state lands, the
superintendence whereof is not vested in some officer or in a state
department or a division, bureau or agency thereof.

2. The commissioner of general services may, subject to such rules as
he may promulgate with the approval of the state director of the budget,
from time to time, lease for terms not exceeding five years, and until
disposed of as required by law, all such state lands which are not
appropriated to any immediate use. Such leases shall contain proper
covenants to guard against trespass and waste. The use to which such
leased property shall be put shall be consistent with local land use
regulations. The commissioner also may grant rights and easements in
perpetuity or otherwise in and to all state lands, including lands under
water, at a price to be determined by the commissioner, and in case of a
subsequent sale of such lands, the same may be sold subject to any
rights and easements previously granted. The commissioner may, with or
without consideration as determined by him, release and relinquish to
the owner of the fee title therein, any rights or easements in
perpetuity or otherwise, as may have been previously granted to the
state. Provided, however, that where the superintendence of state lands
is vested in some officer or in a state department or a division, bureau
or agency thereof or in a public authority created or continued under
the public authorities law the commissioner may grant, release or
relinquish such rights and easements upon the written request of such
officer or the head of such department, division, bureau, agency or
public authority or of an employee thereof designated for such purpose
by such officer or head of the department, division, bureau, agency or
public authority.

3. The commissioner of general services may repair, demolish or remove
the whole or a portion of any structure on such state lands, provided he
has filed in his office a writing specifying the structure and
certifying to the necessity of such repair, demolition or removal. The
expense of such work may be paid from any contingent funds available to
the commissioner, or from moneys specially appropriated for such
purposes. If such work be done by contract, the commissioner may
dispense with advertising and bids, or either, or may cause such work to
be done by direct employment of labor and purchase of material in the
open market, or partly by contract and partly by such direct employment
and purchase.

4. 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
department, 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 agency, 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 division, 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 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.
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.

4-a. Notwithstanding any other provision of this chapter or other
statute, the commissioner of general services, upon the application of
any person or corporation, may lease to the highest responsible bidder
furnishing the required security after advertisement for sealed bids has
been published in a newspaper or newspapers designated for such purpose,
for a term not to exceed ninety-nine years, to such applicant interests
in real property including but not limited to air rights, subterranean
rights and others, when such are not needed for present public use.

Such lease shall contain proper covenants to assure the payment of
adequate consideration for the interests leased, and to further protect
the state as is deemed necessary by said commissioner.

Where the superintendence of the interest leased is vested in some
officer or in a state department or a division, bureau or agency
thereof, or in a public authority created or continued under the public
authorities law, the commissioner may grant such rights only upon
written request and conconsent of such officer or head of such
department, division, bureau or public authority.

Said lease shall not be effective until approved as to form by the
attorney general of the state.

The development of any leasehold granted pursuant to this subdivision
shall be subject to the zoning regulations and ordinances of the
municipality in which said property is located.

5. The commissioner of general services may, in accordance with the
provisions of section twenty-seven of this article, acquire any real
property deemed by him to be necessary for the implementation or
accomplishment of any statutory purpose, function, operation or
responsibility of the commissioner or the office of general services.

6. The commissioner of general services may, subject to the prior
approval of the attorney general, accept unconditional grants, gifts,
devises, bequests or conveyances of title to or interest in real
property to the people of the state of New York as he deems proper for
the purposes of the state.

7. Notwithstanding any other provision of this article, the facilities
development corporation may, subject to prior notice to the commissioner
of general services by filing a copy of the proposed instrument of
conveyance, convey an easement in or over state-owned lands under the
jurisdiction of the facilities development corporation for the use of
the department of mental hygiene for the connecting of a water main,
sewer line or other public services facility with a facility of any of
the offices of the department of mental hygiene, to the public
corporation or the public services corporation having ownership or
control of such utility facility, as provided in subdivision eight of
section five of the facilities development corporation act.