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

                                  10519

                          I N  A S S E M B L Y

                              May 31, 2016
                               ___________

Introduced  by  M. of A. MORELLE, PALMESANO, KOLB, OAKS -- read once and
  referred to the Committee on Tourism, Parks, Arts and Sports  Develop-
  ment

AN  ACT to amend the parks, recreation and historic preservation law, in
  relation to the 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 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, 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

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

                                                           LBD14456-06-6

A. 10519                            2

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, AND
THE CONSTRUCTION AND OPERATION OF A FULL SERVICE MARINA AT SAMPSON 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 Margaret 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. No lease entered into by the  office  of  parks,  recreation  and
historic  preservation  for  the  construction  and  operation of a full
service marina at Sampson state park shall result in the displacement of
any currently employed worker or the loss  of  position,  including  the
partial  displacement  such  as  reduction in the hours of non-overtime,
wages, or employment benefits, or result in the impairment  of  existing
collective bargaining agreements.
  S 3. This act shall take effect immediately.