Assembly Bill A10077

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

                                  10077

                          I N  A S S E M B L Y

                              May 10, 2016
                               ___________

Introduced by M. of A. MAGEE, CROUCH, FINCH -- read once and referred to
  the Committee on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  providing for the lease of the Rogers environmental  education  center
  in the town of Sherburne, county of Chenango, to the Friends of Rogers
  Environmental  Education Center, Inc., and providing for certain terms
  of such lease

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

  Section  1.  Section  3-0301  of the environmental conservation law is
amended by adding a new subdivision 6 to read as follows:
  6. THE DEPARTMENT, BY AND THROUGH THE COMMISSIONER, SHALL, IN ADDITION
TO ANY OTHER PROVISION OF LAW AUTHORIZING THE LEASING OF PROPERTY  UNDER
ITS  JURISDICTION,  LEASE  THE LAND, AND THE   BUILDINGS, STRUCTURES AND
IMPROVEMENTS THEREON, CONSTITUTING THE  ROGERS  ENVIRONMENTAL  EDUCATION
CENTER  IN  THE TOWN OF SHERBURNE, COUNTY OF CHENANGO, TO THE FRIENDS OF
ROGERS ENVIRONMENTAL EDUCATION CENTER,  INC.,  A  NOT-FOR-PROFIT  CORPO-
RATION,  FOR  A TERM OF NOT LESS THAN FORTY YEARS FOR THE PURPOSE OF THE
OPERATION OF SUCH CENTER TO PROMOTE THE UNDERSTANDING  OF  ENVIRONMENTAL
CONSERVATION.  SUCH EXTENDED LEASE TERM SHALL BE FOR ASSURING THE LESSEE
OF ADEQUATE PROTECTION AGAINST LOSS OF INVESTMENTS  IN  RENOVATIONS  AND
IMPROVEMENTS  TO,  AND THE OPERATION AND MAINTENANCE OF THE ROGERS ENVI-
RONMENTAL EDUCATION CENTER DURING THE TERM  OF  THE  LEASE.  SUCH  LEASE
SHALL  REQUIRE  THE  LESSEE TO OPERATE SUCH CENTER IN A MANNER THAT WILL
ENCOURAGE INVESTMENT BY THE PRIVATE SECTOR IN MAINTAINING AND  OPERATING
THE  ROGERS ENVIRONMENTAL EDUCATION CENTER FOR PUBLIC USE AND ENJOYMENT,
IN FURTHERANCE  OF  ENVIRONMENTAL  EDUCATION  AND  PRESERVATION  OF  THE
NATURAL  RESOURCES OF SUCH CENTER. THE LESSEE SHALL HAVE SOLE DISCRETION
IN DETERMINING WHICH INVESTMENTS BY THE PRIVATE SECTOR, AND THE  PARTIES
MAKING  SUCH  INVESTMENTS  SHALL  BE  ACCEPTED  OR  REJECTED.  THE LEASE
REQUIRED BY THIS SUBDIVISION SHALL AUTHORIZE THE LESSEE  TO  IMPOSE  AND
COLLECT   REASONABLE  USE  FEES  FOR  EVENTS,  PROGRAMS  AND  ACTIVITIES
CONDUCTED BY IT UPON THE GROUNDS OF THE ROGERS  ENVIRONMENTAL  EDUCATION
CENTER  INCLUDING, BUT NOT LIMITED TO, SUCH EDUCATIONAL PROGRAMS, RECRE-

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

                                                           LBD15258-02-6

A. 10077                            2

ATIONAL ACTIVITIES, USES OF SUCH CENTER AND FUNDRAISING EVENTS AS  SHALL
BE  DETERMINED  BY THE LESSEE IN ITS DISCRETION; PROVIDED, HOWEVER, THAT
ALL FEES AND REVENUE COLLECTED BY THE LESSEE SHALL BE  USED  EXCLUSIVELY
FOR  THE  OPERATION  AND  MAINTENANCE  OF  THE  CENTER. SUCH LEASE SHALL
CONTAIN SUCH TERMS AND CONDITIONS AS THE COMMISSIONER SHALL DEEM  NECES-
SARY  TO  PROTECT  THE PUBLIC INTEREST, INSURE PUBLIC ACCESS AND PROTECT
THE NATURAL RESOURCES OF THE CENTER, WHILE NOT RESTRICTING THE  LESSEE'S
USE AND OPERATION THEREOF FOR THE BENEFIT AND ENJOYMENT OF THE PUBLIC.
  S 2. This act shall take effect immediately.