S T A T E O F N E W Y O R K
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9550--A
I N A S S E M B L Y
March 16, 2016
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Introduced by M. of A. PALMESANO, KOLB, OAKS -- read once and referred
to the Committee on Tourism, Parks, Arts and Sports Development --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14456-03-6
A. 9550--A 2
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, AND
THE CONSTRUCTION AND OPERATION OF A FULL SERVICE MARINA AND CABINS 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 Staats-
burg 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 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. Any such lease or
license may provide for reasonable rights of access, utilities and park-
ing 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 develop-
ing, 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 struc-
tures 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 and cabins 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.