senate Bill S4358D

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

See Assembly Version of this Bill:
A7991C
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:S4358D

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: The bill would amend Parks Recreation and Historic
Preservation Law § 109 (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
additional properties to the list of properties that the Commissioner
may lease of license to a private entity for a term not to exceed
forty years:; (i) the Winter Cottage and Main House at Caumnsett State
Historic Park Preserve; (ii) recreational facilities at the location
of the aquatic complex and campground at Heckscher State Park.

Section 2 of the bill would repeal subdivision 2-g of section 3,09 of
the parks, recreation and historic preservation law.

Section 3 of the bill provides that no lease entered in to by the
Office of Parks, Recreation and Historic Preservation for the Winter
Cottage and Main House at Caumsett State Historic Park Preserve, or
for recreational facilities at the location of the aquatic complex and
campground at Heckscher State Park, shall result in the impairment of
any existing collective bargaining agreements.

Section 4 contains the effective date.

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 inter 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.

JUSTIFICATION: 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:

* 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

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.

LEGISLATIVE HISTORY: This is a new proposal

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

EFFECTIVE DATE: This act shall take effect immediately.

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

                                 4358--D
    Cal. No. 143

                       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 -- recommitted to the Committee on Tourism, Parks, Arts and Sports
  Development in accordance with Senate  Rule  6,  sec.  8  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its  place  in the order of third reading -- again amended and ordered
  reprinted, retaining its place in the order of third reading --  again
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08962-12-4

S. 4358--D                          2

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
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 WINTER COTTAGE AND
MAIN HOUSE AT CAUMSETT STATE HISTORIC PARK PRESERVE, RECREATIONAL FACIL-
ITIES 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 dormitory for adaptive reuse, and property for the development of  a
golf  course and related facilities within Saratoga Spa state park.  Any
such lease or license may provide for reasonable rights of access, util-
ities and parking located within the boundaries of the  respective  park
or  historic site. Such extended term shall be for the purpose of assur-
ing a lessee or licensee adequate protection against loss of investments
in developing, renovating,  improving,  furnishing  and  equipping  such
properties,  and  the  length  of  the term of any such lease or license
shall have a direct relationship to the period required to amortize  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 environmental concerns,
including any historic and recreational resources of such property;  the
compatible  uses of adjacent park lands and facilities; and otherwise to
protect the public interest. The bid prospectus submitted to prospective

S. 4358--D                          3

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 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. No lease entered into by the  office  of  parks,  recreation  and
historic  preservation for the winter cottage and main house at Caumsett
state historic park preserve, or  for  recreational  facilities  at  the
location  of the aquatic complex and campground at Heckscher state park,
shall result in the impairment of  any  existing  collective  bargaining
agreements.
  S 4. This act shall take effect immediately.

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