senate Bill S4358A

Amended

Authorizes the office of parks, recreation and historic preservation to lease or license certain structures and facilities within certain state parks; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 21 / Mar / 2013
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 13 / Jun / 2013
    • AMEND AND RECOMMIT TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 13 / Jun / 2013
    • PRINT NUMBER 4358A
  • 20 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1558
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2013
    • REFERRED TO TOURISM, PARKS, ARTS AND SPORTS DEVELOPMENT
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 04 / Feb / 2014
    • 1ST REPORT CAL.143
  • 10 / Feb / 2014
    • 2ND REPORT CAL.
  • 11 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 28 / May / 2014
    • AMENDED ON THIRD READING 4358B
  • 02 / Jun / 2014
    • AMENDED ON THIRD READING 4358C
  • 09 / Jun / 2014
    • AMENDED ON THIRD READING 4358D
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Authorizes the office of parks, recreation and historic preservation to lease and license certain structures and facilities within certain state parks.

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Bill Details

Versions:
S4358
S4358A
S4358B
S4358C
S4358D
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Amd §3.09, rpld sub 2-g, Pks & Rec L

Sponsor Memo

BILL NUMBER:S4358A

TITLE OF BILL: An act to amend the parks, recreation and historic
preservation law, in relation to leasing and licensing of property;
and to repeal subdivision 2-g of section 3.09 of such law relating to
leases and licensing to the city school district of the city of
Niagara Falls

Purpose of the Bill: The bill would amend Parks, Recreation and
Historic Preservation Law (PRHPL) § 3.09(2-d) to permit the
Commissioner of Parks, Recreation and Historic Preservation to enter
into a lease or license, not to exceed forty years, for the adaptive
reuse of buildings and structures at certain state parks located on
Long Island.

Summary of Provisions:

Section 1 of the bill would amend PRHPL § 3.09(2-d) by adding four
additional properties to the list of properties that the Commissioner
may lease or license to a private entity for a term not to exceed
forty years: (i) the clubhouse and tennis facility at Bethpage State
Park; (ii) the Winter Cottage and Main House at Caurnsett State
Historic Park Preserve; (iii) the former acquatic complex and
campground at Heckscher State Park; and (iv) the Bayswater Sunset
Lodge.

Section 2 of the bill would repeal PRHPL § 3.09(2-g).

Section 3 of the bill would make the bill effective immediately.

Existing Law: PRHPL § 3.09(2-d) authorizes the Commissioner to, among
other things, enter into leases and licenses for specifically
delineated park-related properties for terms of up to forty years, in
recognition of the need for extensive capital improvements to the
listed structures and the fact that such improvements require
longer-term financial investments. PRHPL § 3.09(2-g) provides the
Commissioner with authority to enter into a lease with the Niagara
Falls City School District associated with buildings at DeVeaux Woods
State Park for use as administrative offices, maintenance warehousing
and related facilities, a lease that has never been consummated.

Prior Legislative History: This is a new proposal.

Statement in Support: Superstorm Sandy caused significant structural
damage to a number of State parks and State park facilities located on
Long Island. At this time, the estimated cost to rebuild the park
infrastructure, buildings and recreational facilities is expected to
exceed $100 million. Accordingly, attracting private sector partners
to invest in State park facilities for the public's use and enjoyment
is more critical than ever. The Office of Parks, Recreation and
Historic Preservation (OPRHP) is focused on first directing its
resources the basic and essential health and safety amenities, such as
the reconstruction of sewer and sanitary systems, boardwalks and
parking, ball fields and other recreational facilities.

This bill would authorize the Commissioner to enter into longer-term
leases at key buildings located in four Long Island-based parks and


historic facilities. Although no specific plans or private sector
partners have been identified at this time, securing long term leasing
authority for these properties will aid in the agency's future
planning, including in attracting private sector investment, Each of
the buildings is in need of amenities and improvements that OPRHP
cannot provide at this time:

* Bethpage State Park: The park includes a clubhouse and tennis
course, both in existence when the park was opened in 1932. The
clubhouse was renovated and expanded in the late 1990s and the tennis
courts have been upgraded in recent years.

* Caumsett State Historic Park Preserve: The park preserve contains a
22,000 square foot mansion known as the Main House, designed by the
noted architect John Russell Pope in 1923-25.

* Heckscher State Park: The park is located on 1,600 acres fronting on
the Great South Bay and includes an enormous aquatic complex dating
from the Robert Moses era and campground which are both currently
closed.

* Bayswater Point State Park: This small park located at the tip of a
peninsula in the Rockaways, Queens, includes the Sunset Lodge, one of
the last remaining examples of Victorian structures used originally as
summer hotels but which has remained vacant for several years.

Finally, PRHPL § 3.09(2-g) - which was enacted in 2006 - provided
ORPHP with authority to enter into an agreement with the Niagara Falls
City School District associated with buildings at DeVeaux Woods State
Park for use as administrative offices, maintenance warehousing and
related purposes. Unfortunately, no agreement was reached and neither
party currently is pursuing such an arrangement.

Budget implications: There may be positive budget implications if
long-term leases can be entered into associated with the properties
subject to this bill.

Local impact: None

Effective date: Effective immediately upon enactment.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4358--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 21, 2013
                               ___________

Introduced  by  Sens.  LITTLE,  MAZIARZ  -- (at request of the Office of
  Parks, Recreation and Historic Preservation) -- read twice and ordered
  printed, and when printed to be committed to the Committee on Cultural
  Affairs, Tourism, Parks and Recreation -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the parks, recreation and historic preservation law,  in
  relation  to leasing and licensing of property; and to repeal subdivi-
  sion 2-g of section 3.09 of such law relating to leases and  licensing
  to the city school district of the city of Niagara Falls

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2-d of section 3.09 of  the  parks,  recreation
and  historic preservation law, as amended by chapter 263 of the laws of
2012, is amended to read as follows:
  2-d. Be empowered, in addition to any other provision of law authoriz-
ing the leasing or licensing of  property  under  its  jurisdiction,  to
encourage  investment  by the private sector for the provision of equip-
ment and capital improvements at historic sites, state park  and  recre-
ation  facilities  by  entering  into lease or license agreements for an
extended term not to exceed forty years at the following: in  the  first
park  region,  for  services  provided at the observation tower, and for
buildings and structures commonly known as the Cave of the Winds  build-
ing,  the  Top of the Falls Restaurant, the administration building, the
visitor center, the Goat Island center, the snack bar at the Cave of the
Winds, the current police building, the original Prospect Point elevator
building, the lower  landing  snack  bar  and  the  Schoellkopf  Museum,
including  improvements to structures and facilities appurtenant thereto
at Niagara Reservation State Park, the site of the  former  casino,  the
former commission house and the eighty-slip boat marina within the boun-
daries  of Beaver Island state park and the structures known as the navy

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08962-03-3

S. 4358--A                          2

barracks, the post theater, the  officers'  club  and  the  commandant's
house  within  Fort  Niagara  state  park,  buildings  and structures at
Deveaux Woods state park, and buildings and facilities within Knox  Farm
state  park;  in  the  second park region, the building known as Minturn
Mansion within Long Point on Lake Chautauqua state park;  in  the  third
park  region,  for  buildings  and structures commonly known as the Glen
Iris Inn, the Pioneer Museum, the Pinewood Lodge,  the  Prospect  house,
the  Lauterbrunnen  house, the Lower Falls restaurant building, the pool
concession stands, the North Entrance visitor center, the administration
building,  the  Commission  house  and  the  Stone  building,  including
improvements  to structures and facilities appurtenant thereto at Letch-
worth State park; in the fourth park region, the structures known as the
caretaker's house and garage within the Buttermilk Falls state park;  in
the  seventh  park  region, the structure known as the brick cottage and
associated outbuildings at John Jay Homestead state historic  site,  the
structure  known as the Hoyt House and the barns at Ogden Mills and Ruth
Livingston Mills state park, the outbuildings at  Olana  state  historic
site and the building commonly known as the Staatsburg School in Margar-
et Lewis Norrie state park; in the eighth park region, for buildings and
structures  commonly  known  as  the Bear Mountain Inn, the A. K. Morgan
Overlook Lodge, the Cliff house, the Hilltop lodge,  the  Summit  lodge,
the  Echo  lodge,  the  Beaver  lodge  and  the  Spring lodge, including
improvements to structures and facilities appurtenant  thereto  at  Bear
Mountain  State Park; in the ninth park region, THE CLUBHOUSE AND TENNIS
FACILITY AT BETHPAGE STATE PARK, THE WINTER COTTAGE AND  MAIN  HOUSE  AT
CAUMSETT   STATE  HISTORIC  PRESERVE,  RECREATIONAL  FACILITIES  AT  THE
LOCATION OF THE AQUATIC COMPLEX AND CAMPGROUND AT HECKSCHER STATE  PARK,
the Boardwalk Restaurant at Jones Beach state park and the buildings and
structures  at  Nissequogue state park; in the eleventh park region, the
structure known as La Tour house, the former bottling plant and dormito-
ry for adaptive reuse, and property for the development of a golf course
and related facilities within Saratoga Spa state park;  IN  THE  TWELFTH
PARK  REGION  THE  BAYSWATER SUNSET LODGE AT BAYSWATER POINT STATE PARK.
Any such lease or license may provide for reasonable rights  of  access,
utilities  and  parking  located within the boundaries of the respective
park or historic site. Such extended term shall be for  the  purpose  of
assuring  a  lessee  or  licensee  adequate  protection  against loss of
investments in developing, renovating, improving, furnishing and  equip-
ping  such  properties,  and the length of the term of any such lease or
license shall have a direct relationship to the period required to amor-
tize the investment. Any such lease or license  shall  be  entered  into
only  after a finding by the commissioner that such action is compatible
with public enjoyment and participation in adjacent park facilities, and
in the case of structures listed on or eligible for the  state  register
of historic places, that such lease or license will encourage investment
by  the  private  sector  in  restoring, preserving and maintaining such
properties. In addition, such lease or license shall contain  terms  and
conditions  as the commissioner shall deem necessary to address environ-
mental concerns, including any historic and  recreational  resources  of
such  property;  the  compatible uses of adjacent park lands and facili-
ties; and otherwise to protect the public interest. The  bid  prospectus
submitted  to  prospective  bidders  shall  contain specific information
concerning the nature of the capital improvements  or  equipment  to  be
provided by the successful bidder. Revenues from the lease or license of
property pursuant to this section shall be deposited into the state park

S. 4358--A                          3

infrastructure  fund  established pursuant to section ninety-seven-mm of
the state finance law.
  S  2.  Subdivision  2-g  of  section 3.09 of the parks, recreation and
historic preservation law is REPEALED.
  S 3. This act shall take effect immediately.

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