nant thereto and land under water in the port of New York, and such upland or made land adjacent thereto as was vested in the department of docks on January first, nineteen hundred thirty-eight or thereafter was or may be assigned to it or its successor [the department of marine and aviation] agencies. This act shall take effect immediately. § 3. CHAPTER 375 AN ACT to amend chapter six hundred ninety-three of the laws of nineteen hundred eighty, enabling the county of Albany to impose and and collect taxes on Occupancy of hotel or motel rooms in Albany county, for the purpose of funding in part the acquisition, construction, development, operation and maintenance of the Albany civic center and ancillary facilities therefore, the general municipal law in relation to the assignment of responsibility for supervision and coordination of contracts for work upon the Albany civic center; to amend chapter one hundred fifty-two of the laws of nineteen hundred sixty-four, relating to the authorization of contracts between the state and a county for the construction of office buildings and other improvements and the lease thereof to the state; and repealing section thirty of chapter forty-one of the laws of nineteen hundred eighty-five, relating to the provisions of such chapter one hundred fifty-two as amended by this act Became a law July 19, 1985, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision one of section one of chapter six hundred ninety-three of the laws of nineteen hundred eighty, enabling the county of Albany to impose and collect taxes on occupancy of hotel or motel rooms in Albany county, is amended to read as follows: (1) Notwithstanding any other provisions of law to the contrary, the county of Albany is hereby authorized and empowered to adopt and amend local laws imposing in such county a tax in addition to any tax authorized and imposed pursuant to article twenty-nine of the tax law such as the legislature has or would have the power and authority to impose on persons occupying hotel or motel rooms in such county. The rates of such tax shall be [one] three percent of the per diem rental rate charged to occupants for each room, provided, however such tax shall not be applicable to a permanent resident of a hotel or motel. For the purposes of this section the term "permanent resident" shall mean a person occupying any room or rooms in a hotel or motel for at least thirty consecutive days. § 2. Subdivision nine of section one of such chapter of the laws of nineteen hundred eighty is amended to read as follows: (9) All revenues resulting from the imposition of the tax under the local law shall be paid into the treasury of the county of Albany and shall be credited to and deposited [in a special fund for convention and tourist development, provided, however, that such local law shall provide that the county shall be authorized to retain up to a maximum of ten per centum of such revenue to defer the necessary expenses of the county in administering such tax. The revenue derived from the tax, after deducting the amount provided for administering such tax, as So authorized by local law, shall be allocated to pay for services performed subject to the terms and conditions contained in contracts which may be entered into between the county and the Albany County Convention and Visitors Bureau, Inc. The funds so allocated shall be used for the purpose of promoting Albany county, its cities, towns and villages, in order to increase convention/trade show and tourist business] into two special funds as follows: (a) Revenues from the tax imposed by such local law up to an amount equal to one-third of such total revenue shall be credited to and depos ited in a special fund for convention and tourist development provided, however, that such local law shall provide that the county shall be authorized to retain up to a maximum of ten per centum of such revenue to defray the necessary expenses of the county in administering such tax. The revenue derived from the tax, after deducting the amount provided for administering such tax, as so authorized by local law, shall be allocated to pay for services performed subject to the terms and conditions contained in contracts which may be entered into between the county and the Albany County Convention and Visitors Bureau, Inc. The funds so allocated shall be used for the purpose of promoting Albany county, its cities, towns and villages, in order to increase convention/trade show and tourist business. or (b) Revenues from the tax imposed by such local law equal to twothirds of such total revenue shall be credited to and deposited in a special account to be known as the "civic center debt service fund" to be created by the county of Albany therefor and to be maintained separate and apart from any other funds and accounts of the county. Moneys in such account shall be deposited in one or more of the banks designated in the manner provided by law, as a depository of the funds of such county. Pending expenditure from such fund, moneys therein may be invested in the manner provided in section six-f of the general municipal law or in a successor statute to such section authorizing the types of investments which may be made by political subdivisions. Any interest earned or capital gain realized on the moneys so deposited invested shall accrue and become part of the fund. Such local law may provide that any moneys in such fund shall be used, subject to appropriation, solely for the purpose of making debt service payments on obligations issued by the county to finance the acquisition, development (including construction), operation and repair and continuing use and maintenance of a civic center and ancillary facilities therefor (the "Albany project") at a site located in the city of Albany, county of Albany and state of New York, bounded generally by the South Mall Arterial and South Pearl, Howard and Eagle streets (the "Albany site") which ancillary facilities shall include but not be limited to, any buildings, structures, parking facilities, machinery, equipment, facilities and appurtenances incidental thereto. (c) It is hereby determined that the acquisition, development (including construction), operation and repair and continuing use and maintenance of the Albany project and the leasing of all or any part of the Albany site and the issuance of bonds or notes by said county for such purposes is for a proper governmental purpose and is for the benefit of the people of the county of Albany and the same shall continue to be regarded as used in the performance of a governmental function in the exercise of the powers conferred by this act. § 3. If any section, clause or provision in this act shall be held by a competent court to be unconstitutional or ineffective in whole or in part, to the extent that it is not unconstitutional or ineffective, it shall be valid and effective, and no other section, clause or provision shall on account thereof be deemed invalid or ineffective. § 4. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general, special or local, except for chapter forty-one of the laws of nineteen hundred eighty-five which shall be controlling, the provisions of this act shall be controlling. § 5. Notwithstanding the provisions of any other law, the commissioner of general services of the state of New York, the county of Albany and the city of Albany are, and each of them hereby is authorized and empowered to modify an agreement dated May eleventh, nineteen hundred sixtyfive, made among them, as amended, to allow for the conveyance to the county of Albany of and the release of rights and interests of the people of the state of New York in and to the following described property, upon such terms and conditions, including consideration, as may be agreed upon by them: ALL THAT TRACT, PIECE OR PARCEL of land situate, lying and being located in the City of Albany, County of Albany and State of New York, being more particularly bounded and described as follows: BEGINNING at a point in the westerly line of Eagle Street at its intersection with the southerly line of Lancaster Street; running thence South 56°-42′ 00′′ East, crossing Eagle Street a distance of 66. 15 feet EXPLANATION-Matter in italics is new; matter in brackets [] is old law to the easterly line of Eagle Street; thence North 37°-13' -00′′ East, along said easterly line of Eagle Street a distance of 109.50 feet to the southerly line of a common alley; thence along the southerly line of said common alley the following two courses and distances: 1) South 59°-17-30′′ East, a distance of 120.00 feet to an angle point in said alley line; and 2) South 74-08-10" East, a distance of 42.00 feet to the northerly line of property now or formerly of Claude J. Holding, Inc.; thence along the division line between the property now or formerly of said Claude J. Holding, Inc., on the east and property of the People of the State of New York on the west the following three courses and distances: 1) South 130-37′ 50′′ West, a distance of 25.7 feet to an angle point in said division line; and thence 2) South 76°-22′-10′′ East, a distance of 10.0 feet to another angle point in said division line; and thence 3) South 13°-52′ 00′′ West, a distance of 63.9 feet to the division line between property now or formerly of Claude J. Holding, Inc., on the north and property of the People of the State of New York on the south; thence South 50°-00-00′′ East, along said division line, and said division line extended, a distance of 229.1 feet to the southerly line of Beaver Street; thence South 73°-44′00′′ East, along said southerly line of Beaver Street a distance of 172. 26 feet to the westerly line of Grand Street; thence South 24°-46-00′′ West, along said westerly line of Grand Street a distance of 335.3 feet to the point of intersection of said westerly line of Grand Street with the southerly line of Hudson Avenue; thence South 75°-29′00′′ East crossing Grand Street, a distance of 59.3 feet to the point of intersection of the easterly line of Grand Street with the southerly line of Hudson Avenue; thence South 740-32′00′′, along said southerly line of Hudson Avenue a distance of 289.55 feet to the westerly line of South Pearl Street; thence southerly along said westerly line of South Pearl Street a distance of 62.06 feet to a point; thence South 720-51-00′′ East, crossing South Pearl Street a distance of 64.1 feet to a point on the easterly line of South Pearl Street where the same is intersected by the division line between property of the People of the State of New York on the south and property now or formerly of Max and Seymour Solomon on the north; thence southerly along the easterly line of South Pearl Street and its southerly extension and prolongation for a distance of 150.0± feet to its intersection with the northerly face of concrete bridge structure of the South Mall Arterial; thence westerly along the northerly face of bridge structure of the South Mall Arterial for a distance of 450.0± feet to its intersection with the westerly line of Grand Street produced southerly; thence southerly to the northerly edge of concrete pavement of the west bound lane of the South Mall Entrance Road; thence westerly along the northerly edge of concrete pavement of the west bound lane of the South Mall Entrance Road for a distance of 900.0± feet to its intersection with the easterly face of concrete retaining wall on the westerly side of Eagle Street; thence northerly along the easterly face of the concrete retaining wall on the westerly side of Eagle Street for a distance of 300.0 feet to the point or place of beginning. SUBJECT to all easements, rights, covenants and record, if any. restrictions of § 6 Section one hundred one of the general municipal law is amended by adding a new subdivision four to read as follows: 4. In the county of Albany, specifications for work pertaining to the construction of a civic center may provide for assignment of responsibility for supervision and coordination of any or all of the contracts for such work to a single responsible and reliable person, firm or corporation. § 7. Section thirty of chapter forty-one of the laws of nineteen hundred eighty-five relating to providing for the construction of certain public works in the cities of Albany and Buffalo and the county of Broome is repealed. § 8. Section two of chapter one hundred fifty-two of the laws of nineteen hundred sixty-four, relating to the authorization of contracts between the state and a county for the construction of office buildings and other improvements and the lease thereof to the state, is amended by adding a new subdivision (e) to read as follows: (e) To enter into an agreement or agreements, as deemed necessary or desirable by the commissioner of general services, with any public or private Owner or lessee of a building or facility located within the city of Albany for the sale of water, steam or other utility services determined by the commissioner to be excess to the primary needs of state departments, agencies and employees using and occupying buildings or improvements constructed for such purposes pursuant to subdivision (a) of this section, any such sale to be on such terms and for such consideration as determined by the commissioner to be proper and desirable, provided that no such sale of water, steam or other utility services shall be for a consideration less than the costs incurred by the state for its generation, production and procurement and the transmittal and provision of the same to the purchaser thereof. § 9. This act shall take effect immediately. CHAPTER 376 AN ACT to amend the parks, recreation and historic preservation law, in relation to designating an historic setting of the city of Albany for inclusion in the statewide urban cultural park system Became a law July 19, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision one of section 35.03 of the parks, recreation and historic preservation law is amended by adding a new paragraph (n) to read as follows: (n) The cohesive geographical area of the city of Albany, Albany county, including the Hudson River waterfront, associated with and revealing an historic role as a geographical crossroads and capital city. § 2. Moneys appropriated or reappropriated pursuant to chapter fiftythree of the laws of nineteen hundred eighty-five for the purpose of planning, design, construction or rehabilitation of facilities within the city of Albany tricentennial urban cultural park or Albany urban cultural park shall not be subject to the sharing limitations under section 35. 11 of the parks, recreation and historic preservation law or any other restriction or requirement under title G, the urban cultural park act, of such law. § 3. This act shall take effect immediately. CHAPTER 377 AN ACT in relation to implementing the Great Lakes charter The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The legislature hereby finds that the water resources of the Great Lakes basin are precious public natural resources, shared and held in trust by the Great Lakes states and provinces. The waters of the Great Lakes basin are interconnected and part of a single hydrologic system. The multiple uses of these resources for the health and welfare of the residents in the Great Lakes basin, including municipal, industrial and agricultural water supply; mining; navigation; hydroelectric power and energy production; recreation; and the maintenance of fish and EXPLANATION-Matter in italics is new; matter in brackets [] is old law wildlife habitat and a balanced ecosystem are interdependent. Studies conducted by the International Joint Commission, the Great Lakes states and provinces, and other agencies have found that the future development of diversions and consumptive uses of the water resources of the Great Lakes basin may have significant adverse impacts on the environment, economy, and welfare of the Great Lakes region and its residents. As trustees of the basin's natural resources, each of the Great Lakes states and provinces have an individual and a shared duty to protect, conserve, and manage the renewable but finite waters of the Great Lakes basin for the use, benefit, and enjoyment of all their citizens, including generations yet to come. The most effective means of protecting, conserving and managing the water resources of the Great Lakes is through the joint pursuit of unified and cooperative principles, policies and programs mutually agreed upon, enacted and adhered to by each and every Great Lakes state and province. Management of the water resources of the basin is subject to the jurisdiction, rights and responsibilities of the Great Lakes states and provinces. Effective management of the water resources of the Great Lakes requires the exercise of such jurisdiction, rights and responsibilities in the interest of all the people of the Great Lakes region, acting in a continuing spirit of comity and mutual cooperation. The legislature also finds that consistent with the findings set forth above and in furtherance of public interest, the Great Lakes charter, which was signed and entered into on February eleventh, nineteen hundred eighty-five by the states of New York, Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin, the commonwealth of Pennsylvania and the provinces of Ontario and Quebec, should be promptly and and expeditiously implemented. § 2. In furtherance of the findings set forth in section one hereof the department of environmental conservation is hereby authorized and directed to; (a) pursue the development and maintenance of a common base of data and information regarding the use and management of Great Lakes bas in water resources; (b) pursue and cooperate in the establishment of systematic arrangements for the exchange of water data and information among the signatory parties to the Great Lakes charter; (c) cooperate in the formation and participate in the activities of a water resources management committee formed pursuant to the provisions of the Great Lakes charter, which will be composed of representatives appointed by the governor and premier of each of the Great Lakes states and provinces; (d) participate in the development of a cooperative water resources management program for the Great Lakes basin as set forth in the Great Lakes charter protecting the legitimate and distinct interests of New York state; (e) participate and encourage coordinated and connected research efforts in the Great Lakes in order to provide improved information for future water planning and management decisions; and (f) participate in the development of a prior notice and consultation process as provided in the Great Lakes charter. Such final prior notice and consultation process shall only be implemented by an act of the legislaturis act shall take effect immediately. CHAPTER 378 AN ACT to amend the town law, in relation to establishment of an improvement district Became a law July 19, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section two hundred seventy-seven of the town law is amended by adding a new subdivision one-a to read as follows: |