NY State Senate Bill 2021-S9310

Senate Bill S9310

Signed By Governor

2021-2022 Legislative Session

Authorizes the City of Troy to lease sub-surface park land property referred to as Riverfront Park for district geothermal wells and distribution lines

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
Aug 17, 2022	signed chap.547
Aug 05, 2022	delivered to governor
Jun 03, 2022	returned to senate passed assembly home rule request ordered to third reading rules cal.632 substituted for a9993a
Jun 01, 2022	referred to ways and means delivered to assembly passed senate home rule request
May 31, 2022	ordered to third reading cal.1719 committee discharged and committed to rules
May 13, 2022	referred to cultural affairs, tourism, parks and recreation

Votes

- Jun 1, 2022 - Floor Vote
  S9310
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2022
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  May 31, 2022 - Rules Committee Vote
  S9310
  
  20
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 31, 2022
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
      
      absent (1)
      
      O'Mara

2021-S9310 (ACTIVE) - Details

See Assembly Version of this Bill:: A9993
Law Section:: Parks

2021-S9310 (ACTIVE) - Summary

Authorizes the City of Troy to lease sub-surface park land property referred to as Riverfront Park for district geothermal wells and distribution lines.

2021-S9310 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9310

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act authorizing the city of Troy to lease sub-surface park land prop-
erty referred to as Riverfront Park

 
PURPOSE OR GENERAL IDEA OF BILL:

The City of Troy and the Troy Local Development Corporation ("TLDC") are
proposing to undertake the planning, design, construction and operation
of a district-based geo-thermal heating system to serve existing and
newly constructed facilities owned by public, private and not-for profit
entities within the Downtown Troy area (the "Project"). The City and
TLDC, with the support of NYSERDA (PON 4614) are seeking to establish an
innovative geothermal loop system to provide clean energy throughout
Downtown Troy. The Project will involve the installation and operation
of subsurface wells, piping and pump systems that will be located within
public and private lands and rights of way. One of the primary locations
for proposed wells to service the system is located under the existing
parking lot within Riverfront Park on the City's waterfront. This park-
ing lot is proposed to be reconstructed and re-oriented in connection

with the overall redevelopment of the park facilities and neighboring
Monument Square Redevelopment Project. In conjunction with this overall
waterfront improvement and redevelopment project, the City and TLDC
propose to locate subsurface wells under the newly configured parking
lot to provide geothermal energy resources for the project, with no
anticipated surface level improvements within Riverfront Park itself.

The proposed finance, construction and operation of the wells will
require a subsurface lease between the City and TLDC. This bill will
allow the City and TLDC to deploy a cutting edge geo-thermal district
project in furtherance of New York State's clean energy goals and
Climate Leadership and Community Protection Act. After placement of the
geothermal wells and piping, the Riverfront Park parking lot and rede-
veloped surface parkland will be 100% restored.

The City of Troy is empowered to transfer leasehold rights on land to
TLDC pursuant to and in accordance with Section 1411(d) of the Not-for-
Profit Corporation Law ("N-PCL"), however this special surplus power
does not include rights to transfer interests in lands that are inalien-
able as parkland absent special legislative authority pursuant to
Section 20 of the General City Law ("GCL"). This Bill would allow the
City to transfer limited subsurface rights and a leasehold interest to
TLDC in furtherance of the project.

Following New York State Parkland Alienation Process, it has been deter-
mined in conference with the New York State Department of Parks and
Recreation that no State Parks or Federal Parks funding has been allo-
cated to Riverfront Park. The New York State Department of State has
funded work to the east of the leased area and a small landscaped area
that will be disturbed.  The Department of State has been contacted and
we are coordinating with them, and additionally they are funding the
design of the parkland that will be created over the easement area. No
replacement lands are included as the land on which the subsurface lease
exists, will be restored as park land upon completion of the installa-
tion.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Authorizes the City of Troy to lease sub-surface rights to
certain parcel of real property known as Riverfront Park as described in
section three of this act, all in furtherance of the Project.

Section 2. Requires the City of Troy to redevelop and continue to use
the surface of the area as public park land with riverfront access.

Section 3. Describes the lands under which the subsurface rights shall
be leased by the City to TLDC.

Section 4. Provides for lease termination if the land is not used pursu-
ant to Section one Section 5. Guidelines that will be in place if feder-
al funding is received for the project. Section 6. Provides an effective
date.

 
EXISTING LAW:

Under current law, the City is restricted from leasing inalienable lands
to TLDC pursuant to N- PCL Section 1411(d). In addition, GCL

Section 20 restricts the sale or lease of parkland owned by the City.

 
JUSTIFICATION:

The City and TLDC desire to undertake the proposed Project as a leader-
ship model to help the State of New York achieve clean energy goals as
set forth within the Climate Leadership and Community Protection Act.
The proposed lease will involve only subsurface rights to install and
operate wells and piping to service the proposed district, with no
surface improvements or interruption of use and enjoyment of the rede-
veloped Riverfront Park, which is located between Front Street and the
Hudson River. Approximately one-half of the area to be leased is
currently used as a paved parking lot and will be restored predominantly
for passive park use.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S9310 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9310
 
                             I N  S E N A T E
 
                               May 13, 2022
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cultural Affairs, Tourism,
   Parks and Recreation
 
 AN ACT authorizing the city of Troy to lease sub-surface park land prop-
   erty referred to as Riverfront Park
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.   Notwithstanding any inconsistent provision of section 20
 of the general city law, the city of Troy, acting  by  and  through  its
 city  council,  and upon such terms and conditions as determined by such
 body, is authorized to discontinue as parklands and  to  lease  at  fair
 market value for a term not to exceed thirty years, the subsurface lands
 more  particularly  described in section three of this act, for district
 geothermal wells and distribution lines.   Upon the  completion  of  the
 installation of subsurface equipment, the city of Troy shall restore the
 surface of the land for use as parkland.
   § 2. The authorization contained in section one of this act shall take
 effect  only  upon  the  condition  that  the  city of Troy dedicate the
 proceeds of the lease toward the acquisition  of  new  parklands  and/or
 capital improvements to existing park/recreational facilities.
   § 3. The sub-surface lands authorized by section one of this act to be
 discontinued as parkland and leased are described as follows:
   ALL  THAT CERTAIN TRACT PIECE OR PARCEL OF LAND situate in the city of
 Troy, Rensselaer County, New York lying between the north-western margin
 of Front Street, and 36 feet southeast of the Hudson River Seawall, east
 of tax parcel 101.53-1-1 and west of the Riverfront Park  Band  perform-
 ance  area and spray park, being more particularly bounded and described
 as follows:
   BEGINNING at a point at the south corner of Riverfront Park tax parcel
 101.45-5-1.1 at its intersection with the City of  Troy's  Front  Street
 right-of  way, then following these 6 courses: Northeast along the prop-
 erty line between the City of Troy right-of-way  for  Front  Street  and
 Riverfront Park parcel 101.45-5-1.1 approximately 474 feet 9 inches to a
 point  that  is  42.732819 degrees north, 73.690792 degrees west; North-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15489-03-2
 S. 9310                             2
 
 west, perpendicular to said property line, 186  feet  1/2  inches  to  a
 point that is 45 feet 1/4 inch southeast of the Hudson River side of the
 seawall  along  this line extended; Southwest 103 feet 8 1/4 inches to a
 point that is 36 feet from the Hudson River side of the seawall measured
 perpendicular  to the seawall; South-southwest, parallel to, and 36 feet
 from the Hudson River side of the seawall for a distance of 420  feet  2
 1/4  inches  to  a point on the property line separating Riverfront Park
 parcel 101.45-5-1.1 and 101.53-1-1; Southeast 26 feet 2 inches along the
 property line separating Riverfront Park parcel 101.45-5-1.1 and  parcel
 101.53-1-1;  East approximately 84' 8 3/4 inches along the property line
 separating the city of Troy Right-of way for Front Street and Riverfront
 Park parcel 101.45-5-1.1 to the point of beginning.
   Containing a total of 1.47 acres more or less.
   § 4. Should the lands described in section three of this act cease  to
 be used for the purposes described in section one of this act, the lease
 shall  terminate  and  those  lands shall revert to the city of Troy for
 public park and recreational purposes. At the time  of  such  reversion,
 the  removal of the equipment shall take place and the property shall be
 returned to its previous state, consistent with  park  and  recreational
 purposes.
   §  5. In the event that the city of Troy 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  authorized  by  the
 provisions  of  this  act  shall  not  occur  until the city of Troy has
 complied with any federal requirements pertaining to the  alienation  or
 conversion of such park lands, including satisfying the secretary of the
 interior  that the alienation or conversion 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 alienated or converted.
   § 6. This act shall take effect immediately.

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