NY State Senate Bill 2017-S6642

Senate Bill S6642

Signed By Governor

2017-2018 Legislative Session

Authorizes the city of Schenectady to alienate certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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
Sep 13, 2017	signed chap.327
Sep 01, 2017	delivered to governor
Jun 20, 2017	returned to senate passed assembly home rule request ordered to third reading rules cal.574 substituted for a8347
Jun 15, 2017	referred to cities delivered to assembly passed senate home rule request ordered to third reading cal.1831
Jun 09, 2017	referred to rules

Votes

- Jun 15, 2017 - Floor Vote
  S6642
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2017
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Bailey
      
      Diaz
      
      Marcellino
  Jun 15, 2017 - Rules Committee Vote
  S6642
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 15, 2017
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      Young

2017-S6642 (ACTIVE) - Details

See Assembly Version of this Bill:: A8347
Law Section:: Parks

2017-S6642 (ACTIVE) - Summary

Authorizes the city of Schenectady to alienate certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland and acquire other parcels of land.

2017-S6642 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6642

 TITLE OF BILL :  An act authorizing the city of Schenectady to
alienate certain parcels of land used as parkland and to acquire other
parcels of land to replace such parkland

 PURPOSE :

To alienate a portion of Riverside Park to allow for the construction
of a new sewage pump station as required by a New York State
Department of Environmental Conservation consent order.

The City of Schenectady has provided a Memorandum of Understanding to
the sponsor of this legislation advising that the City of Schenectady
will utilize as little parkland as possible in building the new sewage
pump station and will re-dedicate back to parkland all remaining land.
The City of Schenectady has agreed to utilize only a maximum of 30
feet of parkland beyond the current sewage pump station fence-line.

Under the legislation, consistent with other requirements of law, the
City of Schenectady will either acquire and dedicate waterfront land
to replace the discontinued parkland in an amount equal or greater to
the fair market value of the waterfront alienated parkland, or provide
for capital improvements to the remaining waterfront parkland in an
amount equal to or greater than the fair market value of the
waterfront alienated parkland.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 authorizes the City of Schenectady to alienate the parkland
for the purpose of building a new sewage pump station.

Section 2 requires the City of Schenectady to either acquire and
dedicate waterfront land to replace the discontinued parkland in an
amount equal or greater to the fair market value of the waterfront
alienated parkland described in Section 3 of this act, or to provide
for capital improvements to the remaining waterfront parkland in an
amount equal to or greater than the fair market value of the
waterfront alienated parkland described in Section 3 of this act.

Section 3 describes the relevant parkland and specifies acreage and
borders.

Section 4 effective date.

 JUSTIFICATION :

Following the occurrence of Hurricane Irene, Tropical Storm Lee, and
Superstorm Sandy, the state has sought to rebuild and improve on
critical infrastructure damaged in these storms. Under the umbrella of
New York Rising, the state has looked at critical infrastructure on
the 100 year flood plain, seeking to raise these sites to withstand a
500 year flood event in recognition of their significance and the
changing threat of weather events.

The North and South Ferry Street Pump Stations, critical components of
the city's sewer system, were severely impacted by floodwaters. The
control and electrical systems were inundated and the control panels
did not operate for almost 24 hours due to power failure. This was not
the first time the North Ferry Street Pump Station flooded. Major
storm and ice jamming events caused floodwaters to inundate the pump
station in 1913, 1914, 1936, 1955, 1996, and 2006.

The City of Schenectady and Town of Rotterdam NY Rising Community
Reconstruction Plan identified the North Ferry Street Pump Station
Relocation Project among its priorities to improve septic and
wastewater infrastructure to reduce flood damage and risk of
pollution. The failure of the pump station affects all downstream
communities along the Mohawk River, including the Town of Colonie
which takes its drinking water from the Mohawk.

Failure to act on this alienation endangers $3 million in Federal
funding for the project and could render up to 65% of the City and
several neighboring communities unable to have sewage service.
Failure to act would prolong prohibited sewage discharges the City is
seeking to mitigate as part of its consent order with NYSDEC and
thereby have a negative environmental and public safety effect, thus
endangering the City's ability to continue progress on economic
development. It would also endanger economic development in Niskayuna,
Rotterdam, Glenville, and southern Saratoga County, as they all rely
on the effective operation of the City's wastewater treatment plant.

To comply with the NYSDEC Consent Order, the City of Schenectady
required a new pump station with better equipment which can only be
located in a larger footprint. Therefore, the parkland alienation is
unfortunately a necessity for the City and its surrounding
communities.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

No cost to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S6642 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6642
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 9, 2017
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT authorizing the city of Schenectady to alienate  certain  parcels
   of  land  used  as  parkland  and  to acquire other parcels of land to
   replace such parkland

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subject to the provisions of this act, the city of Schenec-
 tady,  Schenectady  county, acting by and through its governing body, is
 hereby authorized to discontinue the use  of  waterfront  parklands  and
 alienate such lands more particularly described in section three of this
 act,  for  the purpose of constructing and maintaining a pump station on
 such waterfront parklands, and upon such other terms and  conditions  as
 determined by the governing body of the city of Schenectady.
   § 2. The authorization contained in section one of this act shall take
 effect  only  upon  the  condition  that  the  city of Schenectady shall
 acquire and dedicate an amount equal to or greater than the fair  market
 value  of the waterfront parklands being discontinued towards the acqui-
 sition of new waterfront parklands and/or towards  capital  improvements
 to existing waterfront parkland and recreational facilities.
   § 3. The waterfront parklands authorized by section one of this act to
 be discontinued as parklands are described as follows:
 All that certain piece or parcel of land located in the City of Schenec-
 tady,  County  of  Schenectady, State of New York and being more partic-
 ularly bounded and described as follows:
 BEGINNING at a point on the westerly boundary of lands now  or  formerly
 of  the City of Schenectady, known as North Ferry Street Pumping Station
 (TM#39.55-1-38.2), at its intersection with the property  division  line
 between  lands now or formerly of Thomas Killeen (TM#39.55-1-22), on the
 south and other lands of the City of  Schenectady,  known  as  Riverside
 Park,  on  the north; thence South 58°-59'-05" West, along said property
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13056-03-7

 S. 6642                             2
 
 division  line,  and  lands  now  of  formerly  of  Bradley  J.   Fisher
 (TM#39.55-1-21),   lands   now   of   formerly   of   Michael  J.  Petta
 (TM#39.55-1-20),  lands  now  of  formerly  of   St.   George's   Church
 (TM#39.55-1-19.2),   lands   now   of   formerly   of   Lynn   D.   Seal
 (TM#39.55-1-18),  and  lands  now  of  formerly  of  Ronald   J.   Chard
 (TM#39.55-117),  a  distance  of 231.35 feet to a point on the northerly
 terminus of Governors Lane, thence through said lands  of  the  City  of
 Schenectady, known as Riverside Park the following three (3) courses and
 distances:
   1. North 24°-12'-16" West, a distance of 59.35 feet to a point,
   2. North 13°-06'-35" West, a distance of 38.93 feet to a point, and
   3. North 58°-59'-05" East, a distance of 217.88 feet to a point on the
 property  division line between said lands now of the City of Schenecta-
 dy, known as North Ferry Street Pumping Station, on the  east  and  said
 lands  of the City of Schenectady, known as Riverside Park, on the west;
 thence South 27°-42'-47" East, along  said  property  division  line,  a
 distance  of  96.14  feet  to  the point or place of beginning and being
 21,780 square feet or 0.50 acres of land, more or less.
 Subject to all rights, easements, covenants or restrictions of record.
 Subject to any statement of facts that an up to date abstract  of  title
 would disclose.
   §  4.  In  the event that the city of Schenectady received any funding
 support or assistance from the  federal  government  for  the  purchase,
 maintenance  or  improvement of the parklands set forth in section three
 of this act, the discontinuance and alienation of such parkland  author-
 ized  by  the  provisions  of  section three of this act shall not occur
 until the city of Schenectady has complied with any federal requirements
 pertaining to the alienation or conversion of such parklands,  including
 satisfying  the secretary of the interior that the alienation or conver-
 sion complies with all conditions which the secretary  of  the  interior
 deems  necessary  to  assure  the  substitution  of other lands shall be
 equivalent in fair market value and usefulness to the lands being alien-
 ated or converted.
   § 5. This act shall take effect immediately.

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