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

                                 6719--A
    Cal. No. 622

                            I N  S E N A T E

                             March 13, 2012
                               ___________

Introduced  by Sens. LITTLE, GALLIVAN, GRISANTI, McDONALD -- (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  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading, passed by Senate and delivered  to
  the  Assembly, recalled, vote reconsidered, restored to 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 leasing and licensing of property

  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 302 of the laws  of
2011, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD14247-07-2

S. 6719--A                          2

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 adminis-
tration 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 Boardwalk  Restaurant
at  Jones  Beach  state park and the buildings and structures at Nisseq-
uogue 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, 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 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.