NY State Senate Bill S1138

Current Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 22, 2021	referred to governmental operations delivered to assembly passed senate
Jan 25, 2021	advanced to third reading
Jan 20, 2021	2nd report cal.
Jan 19, 2021	1st report cal.132
Jan 07, 2021	referred to investigations and government operations

Votes

view votes

Feb 22, 2021 - floor Vote

S1138

floor

Aye

Nay

Absent

Excused

Abstained

Jan 19, 2021 - Investigations and Government Operations committee Vote

S1138

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Jan 19, 2021

aye (6)

aye wr (1)

O'Mara

S1138 (ACTIVE) - Details

See Assembly Version of this Bill:: A4017
Law Section:: General Services, Commissioner of
Versions Introduced in 2019-2020 Legislative Session:: S5247, A7207

S1138 (ACTIVE) - Summary

Authorizes the commissioner of general services to convey the North County Trailway, real property in Westchester county, to the county of Westchester.

S1138 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1138

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act authorizing the commissioner of general services to convey real
property in Westchester county to the county of Westchester

 
PURPOSE:

To authorize the transfer of the North County Trailway from the State to
Westchester County.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill authorizes the commissioner of the office of
general; services to transfer and convey certain state property, as
described in section 2 of this act, to the county of Westchester for one
dollar, upon such terms and conditions as the commissioner may fix and
determine.

Section 2 sets forth the legal description of the land authorized to be
conveyed consisting of the North County Trailway, which the linear
distance of the parcel off land consists of approximately 20.8 miles.

Section 3 provides that the commissioner of the office of general
services shall not transfer or convey the land unless an application in
a form acceptable to the office is made by the county of Westchester
within one year after the effective date of this act.

Section 4 provides that any land transferred pursuant to this act shall
be used and maintained by the county of Westchester for the purpose of a
pedestrian and non-motorized bicycle trailway, and upon the termination
of such use, title to the land transferred shall revert to the state of
New York.

Section 5 of the bill is the effective date.

 
JUSTIFICATION:

The County of Westchester operates two recreational trailways that span
Westchester County along a former railroad line from the Putnam County
border to Van Cortlandt Park in the Bronx. These trailwats are a unique
resource enjoyed by thousands of hikers, bicyclists, and park-goers each
year.

Located north of Interstate Highway 1-287, the North County Trailway,
consisting of approximately 20.8 miles with varying widths in the Towns
of Mount Pleasant, New Castle, Yorktown and Somers, is leased to West-
chester County by the State of New York for $1.00 under a 25 year agree-
ment since 1994. South of 1-287 the County both owns and operates the
South County Trailway, having acquired this property from New York State
in 1993.

This legislation would authorize the transfer of the North County Trail-
way from the State to Westchester County as was previously done for the
South County Trailway.


Under the terms of the lease agreement for the North County Trailway
(the "Trailway"), the County is responsible for the maintenance and
improvements of the Trailway. In addition, the County is required to
defend and indemnify the State against any claims arising from the use
of the Trailway, including personal injury, property damage, death or
contamination to the environment.

Notably, the County is planning a substantial rehabilitation of the
Trailway, for which it has authorized bond financing of $8.75 million.
However, the lease requires the County to obtain New York State approval
prior to constructing improvements which will add another step and delay
the completion of this improvement.

The County's acquisition of the Trailway would enable Westchester County
to more efficiently implement improvements, as well as simplify County
planning and operations overall. In addition, other significant lease
provisions such as County defense and indemnification of the State are
fully satisfied by Count ownership of the trailway.

 
LEGISLATIVE HISTORY:

2019-20: S5247 Third Reading; same as A7207 (Abinanti) referred to
referred governmental operations

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S1138 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1138
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 7, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT authorizing the commissioner of general services to  convey  real
   property in Westchester county to the county of Westchester

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The commissioner of  the  office  of  general  services  is
 authorized  and empowered to transfer and convey certain state property,
 as further described in section two of this act, to the county of  West-
 chester  for  one dollar, upon such terms and conditions as such commis-
 sioner may fix and determine.
   § 2. The land authorized by this act to be conveyed  consists  of  the
 North County Trailway, and is generally described as follows:
   A  parcel  of land located in the Towns of Mount Pleasant, New Castle,
 Yorktown and Somers in  Westchester  consisting  of  approximately  20.8
 miles  with  varying  width,  as  described in the lease agreement dated
 December 3, 2018 between the  commissioner  of  transportation  for  the
 people  of  the  state  of  New  York  and the county of Westchester, as
 described and on Exhibit A - Depiction of Proposed Lease Area delineated
 on Sheet Nos.  1-40 of Map 1, Parcels 1-39 subject to any and all  ease-
 ments  and  conveyances  granted by the state by and through the commis-
 sioner; Exhibit B - Map of  the  existing  North  County  Trailway;  and
 further described as:
   From  110  feet south of old saw mill river road in eastview, north to
 3,000 feet south of route 1117, a total distance of approximately 15,000
 linear feet.
   From route 117 to 350 feet south of route 9A for a total  distance  of
 approximately 8,800± linear feet.
   From  a  point 2,000± feet north of route 9A/100 intersection to camp-
 fire road, approximately 4,000 linear feet.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01695-01-1

 S. 1138                             2
 
   From a point 2,000± feet south of route 133 in miliwood, north to  the
 south  side  of  underhill  avenue  located  in  the  hamlet of Yorktown
 Heights, town of Yorktown, a distance of 52,400 linear feet.
   From  the  north side of underhill avenue to the south side of hanover
 street for a distance of 1,250± linear feet.
   From hanover street, located in Yorktown Heights, north to the  Putnam
 county boundary, a total distance of approximately 28,000± linear feet.
   The entire linear distance of the parcel of land is approximately 20.8
 miles (109,530± linear feet).
   §  3.  The  commissioner  of  the office of general services shall not
 transfer or convey the aforesaid  land  unless  application  in  a  form
 acceptable  to  the  office of general services is made to the office of
 general services by the county of Westchester which application must  be
 made within one year after the effective date of this act.
   § 4. Any land transferred pursuant to this act shall be used and main-
 tained  by the county of Westchester for the purpose of a pedestrian and
 non-motorized bicycle trailway, and upon termination of such use,  title
 to the land so transferred shall revert to the state of New York.
   § 5. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S1138

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 22, 2021 - floor Vote

Floor Vote: Feb 22, 2021

Jan 19, 2021 - Investigations and Government Operations committee Vote

Investigations and Government Operations Committee Vote: Jan 19, 2021

S1138 (ACTIVE) - Details

S1138 (ACTIVE) - Summary

S1138 (ACTIVE) - Sponsor Memo

S1138 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1138

Share this bill

Sponsored By

Pete Harckham

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 22, 2021 - floor Vote

Floor Vote: Feb 22, 2021

Jan 19, 2021 - Investigations and Government Operations committee Vote

Investigations and Government Operations Committee Vote: Jan 19, 2021

S1138 (ACTIVE) - Details

S1138 (ACTIVE) - Summary

S1138 (ACTIVE) - Sponsor Memo

S1138 (ACTIVE) - Bill Text download pdf

Comments