S T A T E O F N E W Y O R K
________________________________________________________________________
6623
2015-2016 Regular Sessions
I N A S S E M B L Y
March 27, 2015
___________
Introduced by M. of A. MARKEY -- (at request of the Office of Parks,
Recreation and Historic Preservation) -- read once and referred to the
Committee on Tourism, Parks, Arts and Sports Development
AN ACT to amend the parks, recreation and historic preservation law, in
relation to the resident curator program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2-h of section 3.09 of the parks, recreation
and historic preservation law as added by chapter 295 of the laws of
2014 is amended to read as follows:
2-h. Be empowered, in addition to any other provision of law authoriz-
ing the leasing of certain property under its jurisdiction, to establish
a resident curator program to encourage investment, restoration and
occupancy of buildings which serve no park-related purpose and which, if
remain unoccupied, are at risk of progressive deterioration, by author-
izing the leasing of such at-risk buildings on a competitive basis
pursuant to the issuance of a request for proposal announced publicly
including on the office website, for residential use only, as a single
family dwelling, to individuals to be known as "resident curators" for
terms of up to forty years in exchange for the resident curator assuming
liability and financial obligation associated with the rehabilitation,
maintenance and use of such buildings and any other property, real or
personal, included in the lease. The length of the term of such leases
shall relate to the financial investment to be made by the resident
curator which will be required to rehabilitate and maintain the building
for residential occupancy. The amount of rent to be charged, which may
be nominal, shall be based on an assessment of fair market value taking
into account the projected cost of rehabilitating the building invested
by the resident curator. Any lease executed pursuant to this section
shall: require the resident curator to comply with all laws, rules and
regulations and maintain appropriate insurance coverage associated with
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09614-02-5
A. 6623 2
the rehabilitation, maintenance and use of the leased premises; prohibit
the resident curator from using the leased premises except in accordance
with criteria to be determined by the commissioner; prohibit the resi-
dent curator from using the leased premises as security for any debt, or
from assigning or subletting the premises except as authorized by the
commissioner; and require the commissioner to determine in his or her
sole discretion when the restoration is complete. Upon termination of
any lease executed pursuant to this section, full use and enjoyment of
the property reverts automatically to the state. No lease entered into
in the resident curator program shall result in the displacement of any
currently employed worker or loss of position, including the partial
displacement such as reduction in the hours of non-overtime labor, wages
or employee benefits, the diminishment of benefits, or seniority rights
provided to such employee in the civil service law, or result in the
impairment of existing collective bargaining agreements. The commission-
er is authorized to lease for the purpose of residential occupancy IN
THE SEVENTH PARK REGION THE HAYES HOUSE AT MILLS-NORRIE STATE PARK; in
the ninth park region, the building identified as LI 73 Lab residence at
Cold Spring Harbor state park, the Hollins House at Heckscher State
Park, THE BUILDING IDENTIFIED AS LI 72 POLICE BOARDING HOUSE AT CALEB
SMITH STATE PARK PRESERVE, and the building identified as LI 40 house at
Hither Hills State Park; AND IN THE TWELFTH PARK REGION THE GERICKE FARM
HOUSE AT CLAY PIT PONDS STATE PARK PRESERVE. The Commissioner shall
adopt rules and regulations for the resident curator program, which
shall include, but not be limited to, criteria for selecting responsible
resident curators, criteria for establishing length of terms for leases,
criteria for determining the amount of rent to be charged to resident
curators which may be nominal factoring in the capital investment
required to rehabilitate and maintain the leased premises and determin-
ing appropriate uses and restrictions on use of leased premises in the
resident curator program, including whether and under what circumstances
public access is appropriate to property in the resident curator
program.
S 2. This act shall take effect immediately.