Senate Bill S5904

2015-2016 Legislative Session

Relates to leasing and licensing of certain state parklands

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Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to cultural affairs, tourism, parks and recreation
Jun 10, 2015	referred to rules

2015-S5904 (ACTIVE) - Details

Current Committee:: Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Amd §3.09, Pks & Rec L

2015-S5904 (ACTIVE) - Summary

Relates to leasing and licensing of certain state parklands.

2015-S5904 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5904

TITLE OF BILL:

An  act  to amend the parks, recreation and historic preservation law,
in relation to leasing and licensing of certain state parklands

PURPOSE:

This bill would authorize the Commissioner of  Parks,  Recreation  and
Historic  Preservation  to  enter  into agreements not to exceed forty
years for the adaptive reuse of certain properties

SUMMARY OF PROVISIONS:

Section 1 of this bill would amend the Parks, Recreation and  Historic
Preservation  Law  (PRHPL)  §  3.09(2-d)  to  add the construction and
operation of a full service marina at Sampson  State  Park;  the  Main
House and the Winter Cottage at Caumsett State Historic Park Preserve;
the carriage and dairy barn complex at Ogden Mills and Ruth Livingston
State  Park; and the construction and operation of cabins and cottages
at Ogden Mills and Ruth  Livingston  State  Park  and  Margaret  Lewis
Norrie  State Park to the list of properties that the Commissioner may
lease or license to a private entity for a term not  to  exceed  forty
years.

Section  2 of this bill would provide that no lease or license entered
into by the Office of Parks, Recreation and Historic Preservation will
result  in  the  impairment  of  any  existing  collective  bargaining
agreements.

Section 3 of this bill provides for an immediate effective date.

EXISTING LAW:

Subdivision   2-a   of  section  3.09  of  the  PRHPL  authorizes  the
Commissioner to enter into agreement for up to twenty  years  provided
that  agreements  in  excess  of  ten  years  provide  for  a  capital
investment of no less than one million dollars.

PRHPL § 3.09(2-a) authorizes the Commissioner to enter into agreements
for up to twenty years provided that agreements in excess of ten years
provide for a capital investment of no less than one million  dollars.
PRHPL  §  3.09(2-d)  authorizes  leases  and licenses for specifically
delineated park-related properties for terms of up to forty years,  in
recognition   that   extensive  capital  improvements  to  the  listed
structures, or new capital construction, require longer-term financial
investment.

JUSTIFICATION:

OPRHP has a long tradition of working with private entities to  invest
in  state  park  facilities  to  improve  the  public's experience and
provide necessary resources needed to support  park  functions.  OPRHP
acquired Caumsett State Historic Park Preserve in 1961. Its 1500 acres
are  comprised  a  mix  of  developed,  managed  and natural settings,
including trails  for  hiking  and  equestrian  facilities.  The  Park


Preserve  contains  a  22,000  square  foot historic mansion built for
Marshall Field as his residence and is known as the  Main  House.  The
Main House is not currently occupied and is not currently used for any
park  related  purpose.  Due to the large upfront investment needed to
bring this property back into park use and maintain it, OPRHP proposes
to seek a private partner to invest in the Main  House  to  adaptively
reuse  the  building  for  services to complement the public's use and
enjoyment.

OPRHP is currently considering the adaptive reuse of the carriage  and
dairy  barns associated with Staatsburg State Historic Site located in
Ogden Mills and Ruth Livingston Mills State Park. In  addition,  OPRHP
is also exploring the construction of new cabins and cottages at Ogden
Mills  and  Ruth Livingston State Park and Margaret Lewis Norrie State
Park. Due to the substantial private investment needed to bring  these
projects to fruition OPRHP is seeking authority to enter into a longer
term lease.

Lastly, OPHRP is seeking authority to enter into a long term agreement
with  a  private sector partner to finance, construct and/or operate a
full service marina located at Sampson State Park in the Finger  Lakes
Region.  Encompassing  just  over  2000  acres on the eastern shore of
Seneca Lake, Sampson State Park features camping and  boating  as  the
primary  recreational  activities. Currently, the marina has just over
100 boat slips, but is in need of  substantial  updating  requiring  a
large upfront capital investment.

Any  plans  for  the adaptive reuse or the construction of new lodging
will be subject to environmental and  historic  preservation  reviews,
public  notice  and  involvement, and any lease or license must comply
with the State Finance Law. Surrounding park  and  historic  resources
will  continue  to  be  protected  and  any  proceeds realized will be
invested in capital improvements to the State Park system.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S5904 (ACTIVE) - Bill Text download pdf

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

                                  5904

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 10, 2015
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the parks, recreation and historic preservation law,  in
  relation to leasing and licensing of certain state parklands

  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
concession stands, the North Entrance visitor center, the administration

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09613-05-5

S. 5904                             2

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 CONSTRUCTION AND OPERA-
TION  OF  A FULL SERVICE MARINA AT SAMPSON STATE PARK AND 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 COMPLEX, the Hoyt House and the barns, AND FOR THE CONSTRUCTION AND
OPERATION OF CABINS AND/OR COTTAGES at Ogden Mills and  Ruth  Livingston
Mills  state  park  AND  MARGARET  LEWIS  NORRIE  STATE  PARK,  AND  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  facili-
ties  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 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 equip-
ping such properties, and the length of the term of any  such  lease  or
license shall have a direct relationship to the period required to amor-
tize  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  environ-
mental  concerns,  including  any historic and recreational resources of
such property; the compatible uses of adjacent park  lands  and  facili-
ties;  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] SUBDIVISION shall be deposited  into
the state park infrastructure fund established pursuant to section nine-
ty-seven-mm of the state finance law.
  S  2.  No  lease  entered  into by the office of parks, recreation and
historic preservation for the main house and winter cottage at  Caumsett
state  historic  park  preserve; for a marina at Sampson state park; the
carriage barn and the dairy barn complex at Ogden Mills and Ruth Living-
ston state park; and for cabins and cottages at  Ogden  Mills  and  Ruth
Livingston  state park and Margaret Lewis Norrie state park shall result
in the impairment of any existing collective bargaining agreements.
  S 3. This act shall take effect immediately.

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Senate Bill S5904

Sponsored By

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

Actions

2015-S5904 (ACTIVE) - Details

2015-S5904 (ACTIVE) - Summary

2015-S5904 (ACTIVE) - Sponsor Memo

2015-S5904 (ACTIVE) - Bill Text download pdf

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Sponsored By

Betty Little

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

Actions

2015-S5904 (ACTIVE) - Details

2015-S5904 (ACTIVE) - Summary

2015-S5904 (ACTIVE) - Sponsor Memo

2015-S5904 (ACTIVE) - Bill Text download pdf

Comments