senate Bill S4757A

Signed by Governor

Establishes a resident curator program for the rehabilitation of state park buildings

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Bill Status


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

  • 22 / Apr / 2013
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 22 / May / 2013
    • 1ST REPORT CAL.746
  • 23 / May / 2013
    • 2ND REPORT CAL.
  • 29 / May / 2013
    • ADVANCED TO THIRD READING
  • 30 / May / 2013
    • PASSED SENATE
  • 30 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 30 / May / 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
  • 30 / Apr / 2014
    • 1ST REPORT CAL.479
  • 05 / May / 2014
    • 2ND REPORT CAL.
  • 06 / May / 2014
    • ADVANCED TO THIRD READING
  • 03 / Jun / 2014
    • AMENDED ON THIRD READING 4757A
  • 12 / Jun / 2014
    • PASSED SENATE
  • 12 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 16 / Jun / 2014
    • SUBSTITUTED FOR A7392A
  • 16 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.261
  • 16 / Jun / 2014
    • PASSED ASSEMBLY
  • 16 / Jun / 2014
    • RETURNED TO SENATE
  • 01 / Aug / 2014
    • DELIVERED TO GOVERNOR
  • 11 / Aug / 2014
    • SIGNED CHAP.295

Summary

Establishes a resident curator program for the rehabilitation of state park buildings.

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Bill Details

See Assembly Version of this Bill:
A7392A
Versions:
S4757
S4757A
Legislative Cycle:
2013-2014
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Amd §3.09, Pks & Rec L

Sponsor Memo

BILL NUMBER:S4757A

TITLE OF BILL: An act to amend the parks, recreation and historic
preservation law, in relation to establishing a resident curator
program for the rehabilitation of state park buildings

PURPOSE OF THE BILL: This bill would amend Parks, Recreation and
Historic Preservation Law (PRHPL) § 3.09 to authorize the Office of
Parks, Recreation and Historic Preservation (OPRHP) to establish a
Resident Curator Program with respect to leasing three vacant and
obsolete buildings located at Long Island-based parks.

SUMMARY OF PROVISIONS:

Section 1 of the bill would add a new subdivision 2-h to PRHPL § 3.09
to establish the Resident Curator Program with respect to
residential-style buildings located in three Long Island-based parks:
Cold Spring Harbor State Park; Heckscher State Park; and Hither Hills
State Park.

Section 2 of the bill provides that the bill would be effective
immediately.

EXISTING LAW: Various subdivisions of PRHPL § 3.09 authorize OPRHP to
enter into leases or licenses with private and governmental entities
to improve and operate State park and historic facilities.

PRIOR LEGISLATIVE HISTORY: A bill proposing a similar program was
first introduced in 2010 (A.11219- A/S.7986-A) and in 2011
(A.5710/S.2749).

STATEMENT IN SUPPORT: OPRHP has an inventory of residential buildings
situated within park and historic site boundaries that are not
currently used for a number of reasons, including that they (i) have
deteriorated to the point that significant capital investments would
be required before they could be used, or (ii) do not serve a park
purpose. Due to their location within state parks or historic sites,
however, buildings that meet either of these conditions are not
appropriate for disposition through the usual methods available to
State agencies. This bill would create an innovative mechanism for
attracting private investments to rehabilitate obsolete and
deteriorated residential structures that do not otherwise have a park
or historic-related purpose, allowing OPRHP to focus its very limited
capital funds on other priorities.

The Resident Curator Program that would be established under the bill
is similar to programs established in other states including Maryland
and Massachusetts. The bill would authorize OPRHP to enter into leases
through the State's normal competitive bidding process with private
individuals, who would then rehabilitate vacant residential buildings
at their own expense using private funds. In exchange, these
individuals would receive a long-term lease (up to 40 years), subject
to all applicable State laws, regulations and requirements. Ownership
of rehabilitated residential structures would remain with OPRHP, and
the agency would receive the benefit of rehabilitated structures at
the end of the lease term. OPRHP has selected three properties located
on Long Island to launch the Resident Curator Program: (i) the LI 73


lab residence at Cold Spring Harbor State Park; (ii) the Hollins House
at Heckscher State Park; and (iii) the building identified as LI 40
house at Hither Hills State Park. All three properties have been
vacant for many years and need major renovation to be occupied. They
are located in areas convenient for Resident Curators and compatible
with park and recreational uses.

BUDGET IMPLICATIONS: None.

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
________________________________________________________________________

                                 4757--A
    Cal. No. 479

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 22, 2013
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation --  recommitted  to  the  Committee  on  Cultural
  Affairs,  Tourism, Parks and Recreation 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

AN ACT to amend the parks, recreation and historic preservation law,  in
  relation  to establishing a resident curator program for the rehabili-
  tation of state park buildings

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

  Section  1. Section 3.09 of the parks, recreation and historic preser-
vation law is amended by  adding  a  new  subdivision  2-h  to  read  as
follows:
  2-H.   BE EMPOWERED, IN ADDITION TO ANY OTHER PROVISION OF LAW AUTHOR-
IZING THE LEASING OF CERTAIN PROPERTY UNDER ITS JURISDICTION, TO  ESTAB-
LISH A RESIDENT CURATOR PROGRAM TO ENCOURAGE INVESTMENT, RESTORATION AND
OCCUPANCY OF BUILDINGS WHICH SERVE NO PARK-RELATED PURPOSE AND WHICH, IF
REMAIN  UNOCCUPIED, ARE AT RISK OF PROGRESSIVE DETERIORATION, BY AUTHOR-
IZING THE LEASING OF SUCH  AT-RISK  BUILDINGS  ON  A  COMPETITIVE  BASIS
PURSUANT  TO  THE  ISSUANCE OF A REQUEST FOR PROPOSAL ANNOUNCED PUBLICLY
INCLUDING ON THE OFFICE WEBSITE, FOR RESIDENTIAL USE ONLY, AS  A  SINGLE
FAMILY  DWELLING,  TO INDIVIDUALS TO BE KNOWN AS "RESIDENT CURATORS" FOR
TERMS OF UP TO FORTY YEARS IN EXCHANGE FOR THE RESIDENT CURATOR ASSUMING
LIABILITY AND FINANCIAL OBLIGATION ASSOCIATED WITH  THE  REHABILITATION,
MAINTENANCE  AND  USE  OF SUCH BUILDINGS AND ANY OTHER PROPERTY, REAL OR
PERSONAL, INCLUDED IN THE LEASE. THE LENGTH OF THE TERM OF  SUCH  LEASES
SHALL  RELATE  TO  THE  FINANCIAL  INVESTMENT TO BE MADE BY THE RESIDENT
CURATOR WHICH WILL BE REQUIRED TO REHABILITATE AND MAINTAIN THE BUILDING
FOR RESIDENTIAL OCCUPANCY. THE AMOUNT OF RENT TO BE CHARGED,  WHICH  MAY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08960-05-4

S. 4757--A                          2

BE  NOMINAL, SHALL BE BASED ON AN ASSESSMENT OF FAIR MARKET VALUE TAKING
INTO ACCOUNT THE PROJECTED COST OF REHABILITATING THE BUILDING  INVESTED
BY  THE  RESIDENT  CURATOR.  ANY LEASE EXECUTED PURSUANT TO THIS SECTION
SHALL:  REQUIRE  THE RESIDENT CURATOR TO COMPLY WITH ALL LAWS, RULES AND
REGULATIONS AND MAINTAIN APPROPRIATE INSURANCE COVERAGE ASSOCIATED  WITH
THE REHABILITATION, MAINTENANCE AND USE OF THE LEASED PREMISES; PROHIBIT
THE RESIDENT CURATOR FROM USING THE LEASED PREMISES EXCEPT IN ACCORDANCE
WITH  CRITERIA  TO BE DETERMINED BY THE COMMISSIONER; PROHIBIT THE RESI-
DENT CURATOR FROM USING THE LEASED PREMISES AS SECURITY FOR ANY DEBT, OR
FROM ASSIGNING OR SUBLETTING THE PREMISES EXCEPT AS  AUTHORIZED  BY  THE
COMMISSIONER;  AND  REQUIRE  THE COMMISSIONER TO DETERMINE IN HIS OR HER
SOLE DISCRETION WHEN THE RESTORATION IS COMPLETE.  UPON  TERMINATION  OF
ANY  LEASE  EXECUTED PURSUANT TO THIS SECTION, FULL USE AND ENJOYMENT OF
THE PROPERTY REVERTS AUTOMATICALLY TO THE STATE. NO LEASE  ENTERED  INTO
IN  THE RESIDENT CURATOR PROGRAM SHALL RESULT IN THE DISPLACEMENT OF ANY
CURRENTLY EMPLOYED WORKER OR LOSS OF  POSITION,  INCLUDING  THE  PARTIAL
DISPLACEMENT SUCH AS REDUCTION IN THE HOURS OF NON-OVERTIME LABOR, WAGES
OR  EMPLOYEE BENEFITS, THE DIMINISHMENT OF BENEFITS, OR SENIORITY RIGHTS
PROVIDED TO SUCH EMPLOYEE IN THE CIVIL SERVICE LAW,  OR  RESULT  IN  THE
IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING AGREEMENTS. THE COMMISSION-
ER  IS  AUTHORIZED  TO LEASE FOR THE PURPOSE OF RESIDENTIAL OCCUPANCY IN
THE NINTH PARK REGION, THE BUILDING IDENTIFIED AS LI 73 LAB RESIDENCE AT
COLD SPRING HARBOR STATE PARK, THE  HOLLINS  HOUSE  AT  HECKSCHER  STATE
PARK,  AND  THE BUILDING IDENTIFIED AS LI 40 HOUSE AT HITHER HILLS STATE
PARK. THE COMMISSIONER SHALL ADOPT RULES AND REGULATIONS FOR  THE  RESI-
DENT CURATOR PROGRAM, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, CRITE-
RIA FOR SELECTING RESPONSIBLE RESIDENT CURATORS, CRITERIA FOR ESTABLISH-
ING  LENGTH  OF TERMS FOR LEASES, CRITERIA FOR DETERMINING THE AMOUNT OF
RENT TO BE CHARGED TO RESIDENT CURATORS WHICH MAY BE  NOMINAL  FACTORING
IN  THE  CAPITAL  INVESTMENT  REQUIRED  TO REHABILITATE AND MAINTAIN THE
LEASED PREMISES AND DETERMINING APPROPRIATE USES AND RESTRICTIONS ON USE
OF LEASED PREMISES IN THE RESIDENT CURATOR  PROGRAM,  INCLUDING  WHETHER
AND UNDER WHAT CIRCUMSTANCES PUBLIC ACCESS IS APPROPRIATE TO PROPERTY IN
THE RESIDENT CURATOR PROGRAM.
  S 2. This act shall take effect immediately.

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