senate Bill S5133

Signed By Governor
2011-2012 Legislative Session

Authorizes the office of parks, recreation and historic preservation to lease the caretaker's house and garage within the Buttermilk Falls state park

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Archive: Last Bill Status Via A7280 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 03, 2011 signed chap.302
Jul 22, 2011 delivered to governor
Jun 16, 2011 returned to assembly
passed senate
3rd reading cal.677
substituted for s5133
Jun 16, 2011 substituted by a7280
May 23, 2011 advanced to third reading
May 18, 2011 2nd report cal.
May 17, 2011 1st report cal.677
May 03, 2011 referred to cultural affairs, tourism, parks and recreation

Votes

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May 17, 2011 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

S5133
14
0
committee
14
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Cultural Affairs, Tourism, Parks and Recreation committee vote details

Cultural Affairs, Tourism, Parks and Recreation Committee Vote: May 17, 2011

S5133 - Bill Details

See Assembly Version of this Bill:
A7280
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Amd ยง3.09, Pks & Rec L

S5133 - Bill Texts

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Authorizes the office of parks, recreation and historic preservation to lease the caretaker's house and garage within the Buttermilk Falls state park.

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BILL NUMBER:S5133

TITLE OF BILL:
An act
to amend the parks, recreation and historic preservation law, in
relation to authorizing the lease of the caretaker's house and garage
within the Buttermilk Falls state park

PURPOSE:
To permit the Commissioner of Parks, Recreation and Historic
Preservation to enter into a license or lease agreement for an
extended term not to exceed forty (40) years for the structures
known as the Caretakers; House and Garage within Buttermilk Falls
State Park and amend a misspelling of the word Nissequoque.

SUMMARY OF PROVISIONS:
The bill amends subdivision 2-d of section
3.09 of the Parks, Recreation and Historic Preservation Law to
authorize the Commissioner of Parks, Recreation and Historic
Preservation to enter into a long-term license or lease for the
development, maintenance and operation of the structure known as the
Caretaker's House and Garage in Buttermilk Falls State Park.

Any such license or lease will be subject to existing statutory
requirements for compatibility, with the public enjoyment of
adjacent park facilities and protection of environmental, historic and
recreational resources and the public interest. Revenues from such
license or lease will be deposited in the State Park Infrastructure
Fund.

JUSTIFICATION:
This proposal will enable the Office of Parks, Recreation and Historic
Preservation to continue and extend the successful public/private
partnerships that have enhanced park facilities and programs
throughout the State to the structures known as the Caretaker's House
and Garage within Buttermilk Falls State Park. The existing structures
are in stabilized condition but are obsolete to the needs of the Park
without substantial capital investment in an appropriate,
park compatible adaptive reuse. This act would encourage private
investment in these structures that will create an adaptive reuse
of the buildings, resulting in potential lodging opportunities
consistent with the vision of the Park and the surrounding community,
and will provide services
and facilities which will complement the public's enjoyment and use of
Buttermilk Falls State Park. Any proceeds from a license or lease
will be invested in capital improvement to the State Park system.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:
Immediately.

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

                                  5133

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

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

AN ACT to amend the parks, recreation and historic preservation law,  in
  relation  to authorizing the lease of the caretaker's house and garage
  within the Buttermilk Falls state park

  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 541 of the laws  of
2003, 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
barracks,  the  post  theater,  the  officers' club and the commandant's
house within Fort Niagara state park, and the buildings  and  structures
at  Deveaux  Woods  state  park; in the second park region, the building
known as Minturn Mansion within Long  Point  on  Lake  Chautauqua  state

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10868-02-1

S. 5133                             2

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 build-
ing, including improvements to  structures  and  facilities  appurtenant
thereto  at Letchworth State park; IN THE FOURTH PARK REGION, THE STRUC-
TURES 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 Staats-
burg School in Margaret 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
Boardwalk Restaurant at Jones Beach state park  and  the  buildings  and
structures at [Nissequoque] 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
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. This act shall take effect immediately.

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