The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1753
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04745-01-1

 S. 1753                             2
 
 or other agreement OR APPLICATION entered into OR MADE after the  effec-
 tive date of this section.
   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.