S T A T E O F N E W Y O R K
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7991--C
2013-2014 Regular Sessions
I N A S S E M B L Y
January 1, 2013
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Introduced by M. of A. MARKEY, STIRPE, BARRETT -- Multi-Sponsored by --
M. of A. CERETTO, ROBERTS -- read once and referred to the Committee
on Tourism, Parks, Arts and Sports Development -- recommitted to the
Committee on Tourism, Parks, Arts and Sports Development in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee -- again reported from
said committee with amendments, ordered reprinted as amended and
recommitted to said committee
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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08962-11-4
A. 7991--C 2
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
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
A. 7991--C 3
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.