for each such proposed project as to the proposed project's eligibility for funding pursuant to this article; [3. Shall, not later than September fifteenth, nineteen hundred ninety-two, solicit and commence accepting proposals for infrastructure projects from elected officials of municipalities and from other prospective applicants and refer all such proposals to the task force created pursuant to section three hundred nine-a of this article, with copies to the director of the budget, the chair of the senate finance committee, and the chair of the assembly ways and means committee. The commissioner shall utilize all available resources in furtherance of the foregoing; 4. Shall review infrastructure project proposals received by the commissioner pursuant to subdivision three of this section or referred to the commissioner by the task force created pursuant to section three hundred nine-a of this article and forward to the task force an opinion for each such proposed project as to the proposed project's eligibility for funding pursuant to this article. Copies of each such opinion shall be furnished to the director of the budget, the chair of the senate finance committee, and the chair of the assembly ways and means committee; 51 3. May, in the name of the state, as further provided within this article, contract to make, within the limitations of appropriations available therefor, payments of the state share of the cost of an infrastructure project approved and to be undertaken pursuant to this article. Such contracts shall provide that the requirements of article fifteen-A of the executive law, the requirements of sections one hundred three and one hundred four-b of the general municipal law or the competitive bidding requirements of the state finance law or any other applicable law, and, notwithstanding the public work status of an infrastructure project, provisions for the payment of prevailing rate of wage and supplements as determined and enforced pursuant to article eight of the labor law, shall be applicable to all contracts for work on infrastructure projects which are funded in whole or in part by the proceeds of the bonds. Such contracts made by the commissioner shall be subject to approval by the state comptroller, and shall include provisions permitting the commissioner to terminate the contract if, after eighteen months, (i) on site labor has not commenced; or (ii) the project applicant cannot show that actions precedent to on-site labor are underway. In the event of such termination, except as provided in section three hundred eight of this article, any portion of the state share for such project which is is remaining shall be reallotted in the same manner as originally allotted; [6] 4. Shall approve vouchers for payments pursuant to an approved contract. All such payments shall be paid on the audit and warrant of the state comptroller; [7] 5. May, in the name of the state, contract with a public benefit corporation or a municipality to act as the agent of the state to administer an approved infrastructure project; [8] 6. Shall, pursuant to the state administrative procedure act, promulgate rules and regulations for the implementation and administration of this article, including rules and regulations providing for the payment of fees by sponsors of approved infrastructure projects to defray the costs of project administration. Such fees shall not exceed three-fourths of one percent of the state share of the cost of an infrastructure project or fifty thousand dollars, whichever is less; and [9] 7. May perform such other and further acts as may be necessary and proper to carry out the provisions of this article. to § 3. Section 308 of the economic development law, as added by a chapter of the laws of 1992, amending the economic development law relating the implementation of the jobs for the new, New York bond act, as proposed in legislative bills numbers S. 8997-A and A. 12433, is amended to read as follows: § 308. Distribution. (a) Of the funds made available for the purposes of this article, one hundred million dollars shall be allotted by the commissioner for infrastructure projects to be undertaken throughout the state which projects may not have been included within the memorandum of understanding to be entered into pursuant to the chapter of the laws of nineteen hundred ninety-two which added this article; (b) one hundred million dollars shall be allotted for other infrastructure projects to EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law be undertaken throughout the state; and (c) the remaining aggregate value of infrastructure projects shall be divided among the counties of the state in proportion to each county's population expressed as a percentage of the total population of the state, both for the most recent year for which such data are available, provided however, that each county shall receive not less than two million dollars pursuant to this subdivision. Counties located within a city with a population in excess of one million shall be treated, for purposes of this section, as separate counties and shall be entitled to funding for infrastructure projects within each such county in the amount of the resulting separate allotments. Any funds allotted to a county pursuant to this subdivision, that remain uncommitted on January first, nineteen hundred ninety-five shall be recaptured and allotted to other infrastructure projects throughout the state, provided, however, that the commissioner may for good cause, in the commissioner's discretion, extend the period within which a county must commit its allotted funds. Notice of any such extension shall be furnished by the commissioner to the [members of and representatives to the task force created pursuant to section three hundred nine-a of this article] governor and the legislature. § 4. Section 309-a of the economic development law is repealed. § 5. Section 311 of the economic development law, as added by a chapter of the laws of 1992, amending the economic development law relating to the implementation of the jobs for the new, New York bond act, as proposed in legislative bills numbers S. 8997-A and A. 12433, is amended to read as follows: § 311. Review of applications. Applications for state funding for infrastructure projects shall be in a form prescribed by the commissioner. The commissioner shall review the application for each project contained in the memorandum of understanding entered into pursuant to the chapter of the laws of nineteen hundred ninety-two which added this article and approve applications for projects which conform to the requirements of sections three hundred nine and three hundred twelve of this article. If a project fails to meet such requirements the commissioner shall promptly notify the applicant in writing of the reasons therefor. Copies of such notice shall be transmitted to the signatories of the memorandum of understanding entered into pursuant to the chapter of the laws of nineteen hundred ninety-two which added this article, the director of the budget, the chair of the senate finance committee, and the chair of the assembly ways and means committee [and the members of the task force created by section three hundred nine-a of this article]. § 6. This act shall take effect upon the same date as such chapter of the laws of 1992 takes effect and the provisions of sections one through five of this act shall be subject to the same conditions of effectiveness as set forth in the effective date of such chapter as if the amendments contained in this act were enacted within such chapter. CHAPTER 652 AN ACT authorizing the commissioner of general services to sell and convey certain state lands in the city of Syracuse, county of Onondaga, to the city of Syracuse Became a law July 31, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assenbly, do enact as follows: Section 1. It is the finding of this legislature that it has a strong desire to promote tourism on the state's canal system, and that conveyance of surplus barge canal property to the City of Syracuse will contribute to the revitalization of the neighborhood surrounding the lands to be conveyed and is in the best interests of the citizens of the state of New York and will promote the public health, safety and welfare and state and regional economy. § 2. The commissioner of general services is hereby authorized and empowered to sell and convey to the city of Syracuse upon the written con sent of the commissioner of the department of transportation and, if required, the secretary of state a portion of the Syracuse Barge Canal Terminal and supporting facilities that are no longer necessary or useful as a part of the Barge Canal System, as an aid to navigate thereon, or for Barge Canal Terminal purposes upon such terms and conditions, including consideration, as the commissioner of general services may fix and determine, and also including department of transportation consolidation, relocation and replacement costs and such other consideration as the commissioner of general services may fix and determine in consultation with the New York State Barge Canal Planning and Development Board. § 3. Such portion of the Syracuse Barge Canal terminal and supporting facilities authorized to be conveyed by this act must be within the metes and bounds of the barge canal terminal, which is generally described as follows and shall be accurately determined by a survey prepared at the sole cost to the city of Syracuse: BARGE CANAL TERMINAL - SYRACUSE, NEW YORK ALL THAT TRACT OR PARCEL OF LAND situate in the City of Syracuse, County of Onondaga and State of New York and being part of Salina Marsh Lots 27, 28, 29, 30, 31, 32, 33, 34, P35, 41, 45 and 46; Reclaimed Lots 47; and Farm Lots 325, 328, 329, 338A, 338B, 337. Beginning at the present intersection of the southwesterly street line of Solar Street with the northwesterly street line of Kirkpatrick Street, thence the following courses and distances, S. 56°-40′00′′W., a distance of 900', S. 56°-40′ -00′′W. a distance of 455', thence Onondaga Creek to its southwesterly line, across Thence southeasterly along the southwesterly line of said Onondaga Creek a distance of about 160+, Thence S. 34°-47′-30′′W., a distance of about 178±, Thence continuing along the same course a distance of about 34.98' to the easterly line of Onondaga Creek, Thence southwesterly along said line of Onondaga Creek about 84.6', Thence N. 1°-48′ -45′′E., a distance of about 157.02', Thence N. 50°-00′ W. a distance of 40.37', to the southeasterly street line of Kirkpatrick Street, Thence S. 65°-04′ W., a distance of 203.48', , , , a dis Thence the following courses and distances: N. 36°-43′ -50′′W. tance of 50.88' N. 36°-30′ -10′′W. a distance of 30.84' S. 65°-04'W. a distance of 186.41' S. 9° 31′50′′E. a distance of 3.46, S. 190-20 30′′E., a distance of 50.031, S. 22°-46' E. a distance of 26.89 S. 65° 04 W., the following distances, 56.58' 211. 54' and 63.66', N. 20°-25' 30′′W. a distance of 17.30', N. 30°-42-50′′E. a distance of 19. 23' N. 10°-19′20′′E., a distance of 62.90, N. 9°-19′-20′′W., a distance of 0.56', to the northwesterly street line of Kirkpatrick Street, Thence N. 65°-04′ E., a distance of 60.64' to the northeasterly line of the abandoned creek channel of Onondaga Creek, Thence northwesterly, northeasterly, northerly and northwesterly along said abandoned line of Onondaga Creek a distance of 1,857'±, Thence N. 44°-00′-30′′E., a distance of 12' to a stone monument, Thence northwesterly along a curve to the left with a radius of 1499', an arc distance of 380.78' to a stone monument, a Thence the following courses and distances, N. 64°-39-45′′W. distance of 296.66', N. 64°-39′ 45′′W. a distance of 51.98', N. 25°-20. 15′′E., a distance' of 9', N. 640-39' -45"N., a distance of 708' to Hiawatha Street (Boulevard) Thence N. 43°-28-15 E., along Hiawatha Street (Boulevard) a distance of 505.23' Thence northwesterly across Hiawatha Street (Boulevard) about 66', Thence the following courses and distances, N. 50°-00-00"W., a distance of 818. 18', N. 33°-26′ -30′′E., a distance of 40.54', N. 58°-41' 30"W. a distance of 649.68, N. 31°-18-30′′E. a distance of 160.0' N. 58°-41′30′′W., a distance of 198', S. 310-18' 30"W. a distance of 201.94' N. 47°-25' -30′′W. a distance of 269', N. 31°-18' -30′′E. distance of 389', S. 580-41′ 30′′E. a distance of 263', S. 31°-18· 30′′W., a distance of 125.61', S. 58°-41′30′′E., a distance of 198' EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law a , N. 310-18 -30′′E. a distance of 125.61', S. 58°-41-30′′E. a distance of 664.81', S. 33-26-30"W., a distance of 38.23' S. 50°-00-00′′E., a distance of 888. 20' to Hiawatha Street (Boulevard) a Thence across Hiawatha Street (Boulevard) about 66'+, Thence S. 50°-00-00"E., a distance of 1404.51, S. 50°-00′ -00′′E. distance of 100. 25', S. 50°-00′00′′E., a distance of 219.04' N. 89°-29. 30′′E., a distance of 373.57, N. 56°-40′ 00′′E., a distance of 514.01 to the southwesterly street line of Solar Street, Thence S. 50°-00-00"E., along said southwesterly street line of Solar Street a distance of 1143.02' to the northwesterly street line of Kirkpatrick Street and being the point of beginning, Together with all of grantor's right, title and interest, if any, to all strips and gores of land adjacent or appurtenant to the abovedescribed property, and all easements benefitting said property. Together with all appurtenances and all estates and rights in and to the property. EXCEPTING all that piece or parcel of land conveyed by Letters Patent from the People of the State of New York to C.0. Falter dated June 3, 1980 and Recorded with the Onondaga County Clerk, Book 2814, page 13 on August 13, 1980, being a portion of Parcel No. T-120-D-3, Barge Canal Terminal Contract No. 20. EXCEPTING all that piece or parcel of land conveyed from the People of the State of New York to Tillie K. Rubin acknowledge June 16, 1960 and Recorded with the Onondaga County Clerk on September 14, 1961, Book 2060, page 654, being a portion of Parcel No. T-120-D-2, Barge Canal Terminal Contract No. 20. EXCEPTING all that piece or parcel of land conveyed by letters Patent from the People of the State of New York to Richfield Oil Corporation of New York dated September 23, 1948 and Recorded with the Onondaga County Clerk on October 17, 1973, Book_2515, page 392, Being a portion of Parcel No. T-120-D-1, Barge Canal Terminal Contract No. 20. § 4. The commissioner of general services shall not grant the aforesaid land unless application is made therefore by the city of Syracuse within 1 year after the effective date of this act. § 5. As a condition to granting the aforesaid land, the city shall agree that all infrastructure work to be completed by the city of Syracuse on the aforesaid property shall be performed pursuant to prevailing wage rates as determined by the state labor department and in accordance with the labor law. § 6. This act shall take effect immediately. CHAPTER 653 AN ACT to amend a chapter of the laws of 1992, as proposed in legislative bills numbers S. 784-C and A. 8914 authorizing the commissioner of general services to sell and convey certain state lands in the city of Syracuse to the city of Syracuse, in relation to the prevailing wage rates and bidding of contracts for certain infrastructure work to be performed on such lands The Became a law July 31, 1992, with the approval of the Governor. People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section 5 of a chapter of the laws of 1992, authorizing the commissioner of general services to sell and convey certain state lands in the city of Syracuse to the city of Syracuse, as proposed in legislative bills numbers S. 784-C and A. 8914, is amended to read as follows: § 5. As a condition to granting the aforesaid land, the city shall agree that all infrastructure work to be completed by or pursuant to agreement with the city of Syracuse [on the aforesaid property], or other public or quasi-public entity, including an industrial development authority, shall be performed pursuant to prevailing wage rates as determined by the state labor department and in accordance with the an labor law, and shall further be awarded in accordance with the provisions of section 103 of the general municipal law, except that design and/or planning contracts shall be exempt from the provisions of this section. § 2. This act shall take effect on the same date as a chapter of the laws of 1992 authorizing the commissioner of general services to sell and convey certain state lands in the city of Syracuse to the city of Syracuse, as proposed in legislative bills numbers S. 784-C and A. 8914 takes effect. CHAPTER 654 AN ACT to amend a chapter of the laws of 1992 authorizing the commissioner of general services to sell and convey certain state lands in the city of Syracuse, county of Onondaga, to the city of Syracuse, as proposed in legislative bills numbers S. 784-C and A. 8914, in relation to granting certain authority to the commissioner of transportation previously possessed by the commissioner of general services The Became a law July 31, 1992, with the approval of the Governor. People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section 1 of a chapter of the laws of 1992, authorizing the commissioner of general services to sell and convey certain state lands in the city of Syracuse, county of Onondaga, to the city of Syracuse, as proposed in legislative bills numbers S. 784-C and A. 8914, to read as follows: is amended Section 1. It is the finding of this legislature that it has a strong desire to promote tourism on the state's canal system, and that a lease or conveyance of [surplus] certain barge canal property to the City of Syracuse will contribute to the revitalization of the neighborhood surrounding the lands to be leased or conveyed and is in the best interests of the citizens of the state of New York and will promote the public health, safety and welfare and state and regional economy. in § 2. Section 2 of a chapter of the laws of 1992, authorizing the commissioner of general services to sell and convey certain state lands the city of Syracuse, county of Onondaga, to the city of Syracuse, as proposed in legislative bills numbers S. 784-C and A. 8914, is amended to read as follows: § 2. [The commissioner of general services is hereby authorized and empowered to sell and convey to the city of Syracuse upon the written consent of the commissioner of the department of transportation and, if required, the secretary of state a portion of the Syracuse Barge Canal Terminal and supporting facilities that are no longer necessary or useful as a part of the Barge Canal System, as an aid to navigate thereon, or for Barge Canal Terminal purposes upon such terms and conditions, including consideration, as the commissioner of general services may fix and determine, and also including department of transportation consolidation, relocation and replacement costs and such other consideration as the commissioner of general services may fix and determine in consultation with the New York State Barge Canal Planning and Development Board] Notwithstanding any other provision of law to the contrary the commissioner of transportation, in consultation with the New York State Barge Canal Planning and Development Board, is hereby authorized and empowered to lease, sell, or convey to the city of Syracuse a tion of the Syracuse Barge Canal Terminal and supporting facilities, excluding lands under water, upon such terms and conditions as the missioner of transportation in consultation with the urban development corporation may fix and determine, including, but not limited to, consideration and department of transportation consolidation costs. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law por com |