S T A T E O F N E W Y O R K
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6622
2015-2016 Regular Sessions
I N A S S E M B L Y
March 27, 2015
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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 leasing and licensing of certain 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09613-02-5
A. 6622 2
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] STRUCTURES known as THE CARRIAGE BARN, THE DAIRY BARN, the
Hoyt House and the barns, STAATSBURG STATE HISTORIC SITE, AND FOR THE
CONSTRUCTION AND OPERATION OF LODGING 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 struc-
tures 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 MAIN HOUSE AND WINTER COTTAGE AT
CAUMSETT STATE HISTORIC PARK PRESERVE, 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 Sara-
toga Spa state park. Any such lease or license may provide for reason-
able rights of access, utilities and parking located within the bounda-
ries 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 equip-
ment to be provided by the successful bidder. Revenues from the lease or
license of property pursuant to this [section] SUBDIVISION shall be
deposited into the state park infrastructure fund established pursuant
to section ninety-seven-mm of the state finance law.
S 2. Section 3.09 of the parks, recreation and historic preservation
law is amended by adding a new subdivision 2-i to read as follows:
2-I. BE EMPOWERED, IN ADDITION TO ANY OTHER PROVISION OF LAW RELATING
TO THE IMPROVEMENT AND OPERATION OF PROPERTY UNDER ITS JURISDICTION, TO
ENCOURAGE INVESTMENT BY THE PRIVATE SECTOR IN THE FINANCING,
CONSTRUCTION AND OPERATION OF PUBLIC RENTAL CABINS AND SIMILAR LODGING
A. 6622 3
UNITS AT HISTORIC SITES, STATE PARKS AND RECREATION FACILITIES BY ENTER-
ING INTO APPROPRIATE AGREEMENTS FOR AN EXTENDED TERM NOT TO EXCEED FORTY
YEARS, EXCEPT WITHIN THE SIXTH PARK REGION; PROVIDED THAT ANY SUCH
AGREEMENT FOR A PERIOD IN EXCESS OF TEN YEARS MUST BE APPROVED BY THE
DIRECTOR OF THE BUDGET AND MUST PROVIDE FOR A TOTAL CAPITAL INVESTMENT
BY THE LICENSEE OR LESSEE OVER THE CONTRACT TERM OF NO LESS THAN ONE
MILLION DOLLARS. SUCH EXTENDED TERM SHALL BE FOR THE PURPOSE OF ASSURING
A CABIN FINANCER, CONTRACTOR OR OPERATOR ADEQUATE PROTECTION AND A
COMMERCIALLY REASONABLE OPPORTUNITY TO FINANCE CONSTRUCTION OF CABIN
STRUCTURES AND RELATED FIXTURES, EQUIPMENT, SUPPLIES AND OTHER IMPROVE-
MENTS, AND THE LENGTH OF TERM SHALL HAVE A DIRECT RELATIONSHIP TO THE
PERIOD REQUIRED TO FINANCE THE COST OF THE PROJECT. ANY SUCH AGREEMENT
SHALL BE ENTERED INTO ONLY AFTER A FINDING BY THE COMMISSIONER THAT THE
CABINS WILL AFFORD A PUBLIC AMENITY AND ARE COMPATIBLE WITH PUBLIC
EMPLOYMENT AND PARTICIPATION IN ADJACENT FACILITIES. IN ADDITION, SUCH
AGREEMENT 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 AGREEMENT MADE PURSUANT TO THIS SUBDIVISION SHALL BE
DEPOSITED INTO THE STATE PARK INFRASTRUCTURE FUND ESTABLISHED PURSUANT
TO SECTION NINETY-SEVEN-MM OF THE STATE FINANCE LAW.
S 3. No lease entered into by the office of parks, recreation and
historic preservation for the main house at Caumsett state historic park
preserve shall result in the impairment of any existing collective
bargaining agreements.
S 4. This act shall take effect immediately.