What's happening
This bill requires Comptroller and Attorney General approval for certain state land sales and transfers, and mandates legislative notification for some land transfers.
Why it matters
Increases Oversight and Transparency. By requiring both the Comptroller and Attorney General to review and approve high-value negotiated land sale contracts, the bill introduces a significant layer of oversight, aiming to prevent impropriety, ensure fair market value, and enhance public trust in the disposition of state assets.
Standardizes Review Process Across State Entities. The bill establishes a consistent, formal approval process for land sales and transfers across public authorities and state lands, reducing the risk of inconsistent practices or loopholes that could be exploited in property transactions.
Notifies and Empowers Local Legislators. Legislative notification requirements for transfers to public authorities or public benefit corporations ensure that local representatives are informed and can object to transactions affecting their districts, thereby increasing accountability and allowing for legislative intervention if there are community concerns.
Sets Clear Timelines and Recourse. The legislation includes definite timeframes for approval or objection (such as 90 days for contract approval and 30 days for legislative objection), providing clarity and preventing indefinite delays, while also specifying recourse if objections are raised.
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Who cares
Headline styles
Require Approval for State Land Sales
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Reported and committed to finance
- Referred to corporations, authorities and commissions
- Referred to corporations, authorities and commissions
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1526
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law and the public lands law, in relation to the sale or transfer of certain real property by the state or public authorities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2897 of the public authorities law is amended by adding a new subdivision 8 to read as follows:
8. Comptroller and attorney general approval of contracts. a. Negotiated contracts for the disposal of real property with an estimated fair market value in excess of two hundred fifty thousand dollars to a private entity shall require supervision in the form of prior review and approval of such contracts and any such contract entered into shall be submitted to the comptroller and the attorney general for their approval and shall not be a valid enforceable contract unless it shall first have been so approved. The comptroller, in consultation with the attorney general, shall promulgate such rules and regulations as may be necessary to carry out their responsibilities under this section, including but not limited to the standards for approving contracts subject to this subdivision.
b. Where a contract is subject to mandatory review by the comptroller and the attorney general pursuant to paragraph a of this subdivision, the vendor public authority shall include or cause to be included in each such contract a provision informing the other party that such contract is subject to the comptroller's and the attorney general's approval pursuant to this subdivision and the comptroller's authority to supervise the accounts of public corporations. If the comptroller and the attorney general have not approved or disapproved any contract subject to his or her approval within ninety days of submission to his
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00620-01-7
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or her office, such contract shall become valid and enforceable without such approval.
§ 2. The public lands law is amended by adding a new section 33-a to read as follows:
§ 33-a. Comptroller and attorney general approval of private sale contracts. 1. To the extent a public sale is not required and a negotiated contract for the disposal of unappropriated state lands with an estimated fair market value in excess of one hundred thousand dollars to a private entity is deemed authorized by the provisions of this article or any other provision of law, rule or regulation, such negotiated contract shall require supervision in the form of prior review and approval of such contract and any such contract entered into shall be submitted to the comptroller and the attorney general for their approval and shall not be a valid enforceable contract unless it shall first have been so approved. The comptroller, in consultation with the attorney general, shall promulgate such rules and regulations as may be necessary to carry out their responsibilities under this section, including but not limited to the standards for approving contracts subject to this subdivision.
2. Where a contract is subject to mandatory review by the comptroller and the attorney general pursuant to subdivision one of this section, the vendor shall include or cause to be included in each such contract a provision informing the other party that such contract is subject to the comptroller's and the attorney general's approval pursuant to this section. If the comptroller and the attorney general have not approved or disapproved any contract subject to his or her approval within ninety days of submission to his or her office, such contract shall become valid and enforceable without such approval.
3. The provisions of this section shall be effective notwithstanding the provisions of any other general or special law relating to the disposal of lands belonging to the state, and any such statute or parts thereof relating to such disposal of state lands insofar as they are inconsistent with the provisions of this section are hereby superseded.
§ 3. Subdivision 4 of section 3 of the public lands law, as amended by chapter 785 of the laws of 1982, is amended to read as follows:
4. a. Notwithstanding any other provision of this chapter or other statute, the commissioner of general services, upon the application of any state department, or a division, bureau or agency thereof, or upon the application of any state agency, may transfer to such state department, division, bureau, or agency, or state agency, the jurisdiction over any lands, including lands under water, abandoned canal lands and salt springs reservation land, upon such terms and conditions as the commissioner may deem just and proper and upon the consent of the department, or a division, bureau or agency thereof, or any state agency, already having jurisdiction over such lands and notwithstanding any other provision of this chapter or other statute, authority to give such consent is hereby conferred upon the head of any such state department, or a division, bureau or agency thereof, or any state agency; provided, however, that if the commissioner of general services determines that any such land under the jurisdiction of any state department, or a division, bureau or agency thereof, or any state agency other than a public authority or public benefit corporation is under utilized or is not being utilized in a manner consistent with the best interests of the state, such commissioner may on his or her own initiative, and without the application or consent referred to above but subject to the procedure and review provided in section two-a of this article, transfer the
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jurisdiction over such land to any other state department, or a division, bureau or agency thereof, or any other state agency other than a public authority or public benefit corporation.
b. Should such land be under the jurisdiction of the office of mental health or the office of mental retardation and developmental disabilities upon which a community residential facility for the disabled as defined in section 41.34 of the mental hygiene law exists, the commissioner of general services shall, prior to transferring the jurisdiction over such land to any other state department, or a division, bureau or agency thereof, or any other state agency other than a public authority or public benefit corporation offer such land for sale at public auction pursuant to section thirty-three of this chapter; provided, however, that the provisions of section four hundred six of the eminent domain procedure law shall apply to such property.
c. No transfer of land, as described in this subdivision, or grant or conveyance of land to a public authority or public benefit corporation shall be deemed valid unless notice is provided in writing to each member of the legislature in whose district any portion of the land subject to the proposed transfer is located. Such notice shall provide a description of the land, identification of the proposed transferor and transferee state departments, divisions, bureaus, agencies, state agencies, public authorities or public benefit corporations and the terms and conditions of the proposed transfer. Unless within thirty days from the date such notice is given, a member of the legislature entitled to notice pursuant to this paragraph objects to such proposed action, the commissioner of general services may effect such transfer of jurisdiction. If within thirty days of the giving of such notice, a member of the legislature entitled to notice pursuant to this paragraph objects to the action proposed by the commissioner of general services by filing notice to such effect with the commissioner of general services, such proposed action shall be reviewed by the director of the budget and the secretary of state. They shall affirm or reverse the proposed action by the commissioner and that decision shall be final. If they affirm the proposed action or fail to render a determination within six months of the date of the notice, the commissioner may thereupon effect such transfer.
§ 4. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public authorities law and the public lands law, in relation to the sale or transfer of certain real property by the state or public authorities
Purpose or general idea of bill
The legislation amends the public authorities law and public lands law by mandating review and approval by the attorney general and the comptroller of all proposed sales of real property by the state or public authorities to private entities with an estimated fair market value in excess of $250,000. The bill also requires review and approval from members of legislature in affected areas prior to the transfer of state land to a public authority or public benefit corporation.
Summary of provisions
Section 1 of the bill amends Section 2897 of the public authority's law by adding a new subdivision 8 which will require the prior review and approval by the comptroller and the attorney general of all negotiated contracts for the disposal of real property with an estimated fair market value in excess of two hundred and fifty thousand dollars to a private entity. The bill requires that language informing parties of the mandated review and approval must be included in the contract. This section also sets forth that the comptroller and attorney general must either approve or disapprove within 90 days of submission to their respective offices otherwise the contract becomes valid and enforceable without such approval.
Read the full memo (706 words)
Section 2 of the bill amends the public lands law by adding a new section 33-a which will require the prior review and approval of the comptroller and the attorney general of all private sale contracts where a public sale is not otherwise required and the estimated fair market value is in excess of two hundred and fifty thousand dollars. The bill requires that language informing parties of the mandated review and approval must be included in the contract. This section also sets forth that the comptroller and attorney general must either approve or disapprove within 90 days of submission to their respective offices otherwise the contract becomes valid and enforceable without such approval. The provisions of this section will also supersede other statutes governing disposal of state lands which are inconsistent with this section.
Section 3 of the bill amends subdivision 4 of section 3 of the public lands law, as amended by chapter 785 of the laws of 1982, by renumbering and adding a new subdivision 4 c that requires notice to Senators and Members of the Assembly in whose districts the proposed sale is to take place prior to the transfer of land from the state to a public authority or public benefit corporation. State Legislators have 30 days within which to provide written notice of objection to the transfer with the Commissioner of General Services. The Director of Budget and the Secretary of State shall review all objections and make a final decision to affirm or reverse the proposed transfer within 6 months of the notice of objection.
Section 4 of the bill provides for this act to take effect on the ninetieth day after it becomes law.
Justification
Public authorities are given wide latitude in the management of publicly owned real property and as a result have an important fiscal and fiduciary responsibility to the taxpayers of this state.
Therefore, it is important that a detailed review be completed by both the attorney general and the comptroller prior to any sale of real property by a public authority, or by the state (when a public sale is not required) to a private entity valued in excess of $250,000.
It is equally important that legislators be given notice and the opportunity to object to transfers of state owned land to public authorities or public benefit corporations that affect their constituencies.
Principles of good government, including transparency and accountability, call out for such notice and review provisions to ensure that the taxpayers' interests are being protected.
Prior legislative history
2015-2016: S.897-A/A.10649 (Galef) 2013-2014: S446 (Avella) 2011-2012: S.5908 (Avella)
Fiscal implications for state and local governments
To be determined.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
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