Authorizes the commissioner of general services, subject to the consent of the commissioner of corrections and community supervision, to transfer and convey certain state land to the Livingston County Water & Sewer Authority.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9893
SPONSOR: Byrnes TITLE OF BILL:
An act authorizing the commissioner of general services to transfer and
convey certain state land to the Livingston County Water & Sewer Author-
ity
PURPOSE OR GENERAL IDEA OF BILL:
To transfer ownership and operation of the wastewater treatment facility
servicing the Groveland Correctional Facility and the former Livingston
Correctional Facility from the State to the Livingston County Water &
Sewer Authority
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Authorizes the commissioner of general services to, subject
to the consent of the commissioner of corrections and community super-
vision, transfer and convey to Livingston County Water & Sewer Authority
the state land described in section two of this act.
Section 2: Outlines the property boundaries for the land which will be
conveyed to the Livingston County Water & Sewer Authority.
Section 3: Clarifies that the description outlined in section two is not
a legal description and is meant only to identify the parcel to be
conveyed. Allows the Livingston County Water and Sewer Authority to
submit to the commissioner of OGS an accurate survey of the lands to be
conveyed which may then be used in the conveyance of such lands.
Section 4: Requires the Livingston County Water and Sewer District to,
within one year of the effective date, submit an application for the
conveyance to OGS which includes a resolution by the authority acknowl-
edging and accepting the use restrictions set forth in section five.
Section 5: Provides that the land described in this act must be used
exclusively for the purposes of operating and maintaining a wastewater
treatment plant and appurtenant facilities and operations as reasonably
may be necessary or desirable in connection with water quality control.
Provides that if the restrictions in this section are not accepted or
are not complied with, ownership of the land shall revert to the State
of New York.
JUSTIFICATION:
Ownership of the former Livingston Correctional Facility, which is
currently vacant, is in the process of being transferred to Livingston
County. The county plans, in conjunction with Empire State Development
(ESD), to utilize this property for an economic development initiative.
During discussions regarding the transfer of ownership, the involved
parties also discussed transferring ownership of Livingston Correctional
Facility's wastewater treatment facility to the Livingston County Water
& Sewer Authority. This wastewater treatment facility serves both the
Livingston Correctional Facility and the Groveland Correctional Facili-
ty, which is still owned and operated by the Department of Corrections
and Community Supervision (DOCCS). Following these discussions, DOCCS,
ESD, and the Livingston County Water & Sewer Authority have all agreed
to transfer ownership and operation of the wastewater treatment facility
to the Authority. Following this transfer, the facility will continue
to provide wastewater treatment services to the Groveland Correctional
Facility.
This legislation provides the Office of General Services (OGS), subject
to the consent of the commissioner of DOCCS, with the authority to carry
out this transfer of ownership. It also requires that the lands conveyed
subject to this act be used exclusively for the purpose of operating a
wastewater treatment facility. If these restrictions are not accepted or
complied with, ownership of the lands described in this act will revert
to the State of New York.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9893
IN ASSEMBLY
April 26, 2024
___________
Introduced by M. of A. BYRNES -- read once and referred to the Committee
on Governmental Operations
AN ACT authorizing the commissioner of general services to transfer and
convey certain state land to the Livingston County Water & Sewer
Authority
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subject to the provisions of this act but notwithstanding
2 any other provision of law to the contrary, the commissioner of general
3 services is hereby authorized, subject to the consent of the commission-
4 er of corrections and community supervision, to transfer and convey to
5 the Livingston County Water & Sewer Authority, the state land described
6 in section two of this act, owned by the department of corrections and
7 community supervision and being in the Town of Groveland, County of
8 Livingston, and State of New York. The transfer and conveyance of the
9 land described in section two of this act shall be made in consideration
10 of the sum of one dollar and upon such conditions as the commissioner of
11 general services may deem proper.
12 § 2. The lands authorized by section one of this act to be transferred
13 and conveyed are as follows:
14 All that lot, parcel or piece of land situate in the Town of Grove-
15 land, County of Livingston, and State of New York, being more partic-
16 ularly bounded and described: Commencing at a point along the
17 northeasterly boundary of Sonyea Road (New York State Route 36) at its
18 intersection with the centerline of the Keshequa Creek, being the divi-
19 sion line between lands of Groveland Correctional Facility on the west
20 and the former Livingston Correctional Facility on the east; thence
21 North 12° 33' East, a distance of 866 ± feet to the point of beginning,
22 being situate in the centerline of the Keshequa Creek; thence through
23 lands through said lands of Groveland Correctional Facility the follow-
24 ing nine (9) courses and distances:
25 1) North 67° West, 332 ± feet to a point;
26 2) North 33° West, 144 ± feet to a point;
27 3) North 63° West, 116 ± feet to a point;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15203-01-4
A. 9893 2
1 4) North 25° East, 115 ± feet to a point;
2 5) North 57° West, 106 ± feet to a point;
3 6) North 28° East, 216 ± feet to a point;
4 7) North 55° West, 261 ± feet to a point;
5 8) North 33° East, 723 ± feet to a point; and
6 9) South 55° East, 772 ± feet to a point in the centerline of Keshequa
7 Creek being along the division line between lands of Groveland Correc-
8 tional Facility on the west and the former Livingston Correctional
9 Facility on the east;
10 thence in southerly direction along the centerline of said creek 1,084 ±
11 feet to the point of beginning. Containing 20 acres of land, more or
12 less.
13 Together with an easement for ingress and egress, over an existing
14 driveway running northerly from Sonyea Road on the westerly side of
15 Keshequa Creek to the southerly boundary of the above-described parcel.
16 Reserving to the People of the State of New York easements for ingress
17 and egress over existing driveways along the westerly and southerly
18 portions of the above described parcel to access remaining lands of the
19 People of the State of New York.
20 Subject to any enforceable easements, restrictions or covenants of
21 record that may exist.
22 § 3. The description in section two of this act is not intended to be
23 a legal description, but is intended to identify the parcel to be
24 conveyed. As a condition of the transfer, the Livingston County Water &
25 Sewer Authority may submit to the commissioner of general services, for
26 such commissioner's approval, an accurate survey and description of the
27 lands to be conveyed, which may be used in the conveyance thereof.
28 § 4. The office of general services shall not transfer or convey the
29 aforesaid land unless the application is made to the office of general
30 services by the Livingston County Water & Sewer Authority within one
31 year after the effective date of this act. Said application shall be in
32 the form of a resolution setting forth a comprehensive statement
33 approved by the Livingston County Water & Sewer Authority Board acknowl-
34 edging and accepting the use restrictions set forth in section five of
35 this act.
36 § 5. The transfer and conveyance made pursuant to this act shall be
37 subject to the following use restrictions and reverter:
38 (a) The land described in this act shall be used exclusively for the
39 purposes of operating and maintaining a wastewater treatment plant and
40 appurtenant facilities and operations as reasonably may be necessary or
41 desirable in connection therewith and water quality control.
42 (b) The conveyance of the land described in this act shall contain a
43 covenant and restriction requiring that the land be used for the purpose
44 set forth in subdivision (a) of this section. In the event the premises
45 are not accepted and/or used for such purposes, ownership of the land
46 shall revert to the state of New York.
47 § 6. This act shall take effect immediately.
