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.