senate Bill S4358A

2013-2014 Legislative Session

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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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
Jun 09, 2014 amended on third reading 4358d
Jun 02, 2014 amended on third reading 4358c
May 28, 2014 amended on third reading 4358b
Feb 11, 2014 advanced to third reading
Feb 10, 2014 2nd report cal.
Feb 04, 2014 1st report cal.143
Jan 08, 2014 referred to cultural affairs, tourism, parks and recreation
returned to senate
died in assembly
Jun 21, 2013 referred to tourism, parks, arts and sports development
Jun 20, 2013 delivered to assembly
passed senate
ordered to third reading cal.1558
committee discharged and committed to rules
Jun 13, 2013 print number 4358a
amend and recommit to cultural affairs, tourism, parks and recreation
Mar 21, 2013 referred to cultural affairs, tourism, parks and recreation

Votes

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Feb 5, 2014 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

S4358A
8
0
committee
8
Aye
0
Nay
4
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: Feb 5, 2014

Jun 20, 2013 - Rules committee Vote

S4358A
25
0
committee
25
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Bill Amendments

Original
A
B
C
D (Active)
Original
A
B
C
D (Active)

Co-Sponsors

S4358 - Bill Details

Current Committee:
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Amd §3.09, rpld sub 2-g, Pks & Rec L

S4358 - Bill Texts

view summary

Authorizes the office of parks, recreation and historic preservation to lease and license certain structures and facilities within certain state parks.

view sponsor memo
BILL NUMBER:S4358

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 of the Bill: The bill would amend Parks, Recreation and
Historic Preservation Law (PRHPL) § 3.09(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 and in the City of Niagara Falls.

Summary of Provisions:

Section 1 of the bill would amend PRHPL § 3.09(2-d) by adding six
additional properties to the list of properties that the Commissioner
may lease or license to a private entity for a term not to exceed
forty years: (i) the clubhouse and tennis facility at Bethpage State
Park; (ii) the Winter Cottage and Main House at Caumsett State
Historic Park Preserve; (iii) the former acquatic complex and other
property at Heckscher State Park; (iv) certain buildings and
structures at Jones Beach State Park; (v) the Bayswater Sunset Lodge
at Bayswater Point State Park; and (vi) Schoellkopf Hall in DeVeaux
Woods State Park.

Section 2 of the bill would repeal PRHPL § 3.09(2-g).

Section 3 of the bill would make the bill effective immediately.

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 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.

Prior Legislative History: This is a new proposal.

Statement in Support: 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 5100 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 five 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:

* Bethpage State Park: The park includes a clubhouse and tennis
course, both in existence when the park was opened in 1932. The
clubhouse was renovated and expanded in the late 1990s and the tennis
courts have been upgraded in recent years.

* 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 was closed in 2011.

* Jones Beach State Park: Several historic buildings are situated
within the park, including the East and West Bath Houses, which were
designed by architect Herbert Magoon in 1930

* Bayswater Point State Park: This small park located at the tip of a
peninsula in the Rockaways,,Queens, includes the Sunset Lodge, one of
the last remaining examples of Victorian structures used originally as
summer hotels but which has remained vacant for several years.

The bill also seeks to adaptively reuse for office space the building
known as Schoellkopf Hall, located in DeVeaux Woods State Park.
Schoellkopf Hall was originally built in 1930 as a dormitory with
masonry construction throughout. The building, however, has been
vacant since the State purchased the property from Niagara University
in 2001. The internal structure of Schoellkopf Hall makes it
un-adaptable for any recreational activities, which are currently
enjoyed elsewhere in the park. Adaptive reuse of the building as a
corporate office space, however, is feasible and easy access from the
building to a main road would facilitate such a use without
compromising the public recreation and open space protection values of
the park. Of note, PRHPL § 109(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. This bill would simply allow OPRHP to find a different
partner for the same purpose, while also repealing PRHPL § 3.09(2-g).

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

Local Impact: None.


Effective date: Effective immediately upon enactment.

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

                                  4358

                       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

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,
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, INCLUDING THE BUILDING  KNOWN  AS  SCHOELLKOPF
HALL  FOR  USE AS OFFICE SPACE, and buildings and facilities within Knox
Farm state park; in the  second  park  region,  the  building  known  as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08962-01-3

S. 4358                             2

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 CLUBHOUSE AND  TENNIS
FACILITY  AT  BETHPAGE  STATE PARK, THE WINTER COTTAGE AND MAIN HOUSE AT
CAUMSETT STATE HISTORIC PRESERVE, THE FORMER POOL COMPLEX OR OTHER PROP-
ERTY AT HECKSCHER STATE PARK FOR THE DEVELOPMENT OF RECREATIONAL FACILI-
TIES, the Boardwalk Restaurant AND OTHER  BUILDINGS  AND  STRUCTURES  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; IN THE TWELFTH PARK REGION THE BAYSWATER
SUNSET  LODGE  AT  BAYSWATER POINT 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. Subdivision 2-g of section 3.09  of  the  parks,  recreation  and
historic preservation law is REPEALED.
  S 3. This act shall take effect immediately.

Co-Sponsors

S4358A - Bill Details

Current Committee:
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Amd §3.09, rpld sub 2-g, Pks & Rec L

S4358A - Bill Texts

view summary

Authorizes the office of parks, recreation and historic preservation to lease and license certain structures and facilities within certain state parks.

view sponsor memo
BILL NUMBER:S4358A

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 of the Bill: The bill would amend Parks, Recreation and
Historic Preservation Law (PRHPL) § 3.09(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 four
additional properties to the list of properties that the Commissioner
may lease or license to a private entity for a term not to exceed
forty years: (i) the clubhouse and tennis facility at Bethpage State
Park; (ii) the Winter Cottage and Main House at Caurnsett State
Historic Park Preserve; (iii) the former acquatic complex and
campground at Heckscher State Park; and (iv) the Bayswater Sunset
Lodge.

Section 2 of the bill would repeal PRHPL § 3.09(2-g).

Section 3 of the bill would make the bill effective immediately.

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 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.

Prior Legislative History: This is a new proposal.

Statement in Support: 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:

* Bethpage State Park: The park includes a clubhouse and tennis
course, both in existence when the park was opened in 1932. The
clubhouse was renovated and expanded in the late 1990s and the tennis
courts have been upgraded in recent years.

* 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.

* Bayswater Point State Park: This small park located at the tip of a
peninsula in the Rockaways, Queens, includes the Sunset Lodge, one of
the last remaining examples of Victorian structures used originally as
summer hotels but which has remained vacant for several years.

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.

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

Local impact: None

Effective date: Effective immediately upon enactment.

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

                                 4358--A

                       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

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,
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08962-03-3

S. 4358--A                          2

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 CLUBHOUSE AND TENNIS
FACILITY AT BETHPAGE STATE PARK, THE WINTER COTTAGE AND  MAIN  HOUSE  AT
CAUMSETT   STATE  HISTORIC  PRESERVE,  RECREATIONAL  FACILITIES  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 dormito-
ry for adaptive reuse, and property for the development of a golf course
and related facilities within Saratoga Spa state park;  IN  THE  TWELFTH
PARK  REGION  THE  BAYSWATER SUNSET LODGE AT BAYSWATER POINT 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  equip-
ping  such  properties,  and the length of the term of any such lease or
license shall have a direct relationship to the period required to amor-
tize 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 environ-
mental concerns, including any historic and  recreational  resources  of
such  property;  the  compatible uses of adjacent park lands and facili-
ties; 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

S. 4358--A                          3

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. This act shall take effect immediately.

Co-Sponsors

S4358B - Bill Details

Current Committee:
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Amd §3.09, rpld sub 2-g, Pks & Rec L

S4358B - Bill Texts

view summary

Authorizes the office of parks, recreation and historic preservation to lease and license certain structures and facilities within certain state parks.

view sponsor memo
BILL NUMBER:S4358B

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: Authorizes the office of parks, recreation and historic
preservation to lease the Winter Cottage and Main House at Caumsett
State Historic Park, recreational facilities at the location of the
aquatic complex and campground at Heckscher State Park.

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.

Section 2 of the bill would repeal subdivision 2-g of section 3.09 of
the parks, recreation and historic preservation law.

Section 3 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
delinaeated 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4358--B
    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

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.
                                                           LBD08962-06-4

S. 4358--B                          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 PRESERVE, RECREATIONAL  FACILITIES
AT THE LOCATION OF THE AQUATIC COMPLEX AND CAMPGROUND AT HECKSCHER STATE
PARK,  the Boardwalk Restaurant at Jones Beach state park and the build-
ings 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

S. 4358--B                          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. This act shall take effect immediately.

Co-Sponsors

S4358C - Bill Details

Current Committee:
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Amd §3.09, rpld sub 2-g, Pks & Rec L

S4358C - Bill Texts

view summary

Authorizes the office of parks, recreation and historic preservation to lease and license certain structures and facilities within certain state parks.

view sponsor memo
BILL NUMBER:S4358C

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:

Authorizes the office of parks, recreation and historic preservation
to lease the Winter Cottage and Main House at Caumsett State Historic
Park, recreation facilities at the location of the aquatic complex and
campground as Heckscher State Park.

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 or license to a private entity for a term not to exceed
forty years.

Section 2 of the bill would repeal subdivision 2-g of section 3.09 of
the parks, recreation and historic preservation law.

Section 3 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 reservation
(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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4358--C
    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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08962-08-4

S. 4358--C                          2

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
bidders shall contain specific information concerning the nature of  the
capital  improvements  or  equipment  to  be  provided by the successful

S. 4358--C                          3

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. This act shall take effect immediately.

Co-Sponsors

S4358D (ACTIVE) - Bill Details

Current Committee:
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Amd §3.09, rpld sub 2-g, Pks & Rec L

S4358D (ACTIVE) - Bill Texts

view summary

Authorizes the office of parks, recreation and historic preservation to lease and license certain structures and facilities within certain state parks.

view 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 full text
download pdf
                    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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