S T A T E O F N E W Y O R K
________________________________________________________________________
6813
I N S E N A T E
February 24, 2016
___________
Introduced by Sen. FUNKE -- read twice and ordered printed, and when
printed to be committed to the Committee on Cultural Affairs, Tourism,
Parks and Recreation
AN ACT to amend the parks, recreation and historic preservation law, in
relation to encouraging investment by the private sector at certain
state parks
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3.09 of the parks, recreation and historic preser-
vation 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 BY ENTERING INTO APPROPRIATE
AGREEMENTS FOR AN EXTENDED PERIOD NOT TO EXCEED FORTY YEARS AT THE
FOLLOWING STATE PARKS: IN THE SECOND PARK REGION, ALLEGANY STATE PARK;
IN THE THIRD PARK REGION, HAMLIN BEACH STATE PARK AND LETCHWORTH STATE
PARK; IN THE FOURTH PARK REGION, FAIRHAVEN BEACH STATE PARK; IN THE
FIFTH PARK REGION, GLIMMERGLASS STATE PARK; IN THE EIGHTH PARK REGION,
HARRIMAN STATE PARK; IN THE NINTH PARK REGION, HECKSCHER STATE PARK AND
WILDWOOD STATE PARK; AND IN THE TENTH PARK REGION, GRASS POINT STATE
PARK AND WELLESLEY ISLAND STATE PARK. ANY SUCH AGREEMENT ENTERED INTO
UNDER THIS SUBDIVISION 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 FINANCIER, CONTRACTOR OR OPERATOR ADEQUATE
PROTECTION AND A COMMERCIALLY REASONABLE OPPORTUNITY TO FINANCE
CONSTRUCTION OF CABIN STRUCTURES AND RELATED FIXTURES, EQUIPMENT,
SUPPLIES AND OTHER IMPROVEMENTS, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14320-01-6
S. 6813 2
COMPATIBLE WITH PUBLIC ENJOYMENT AND PARTICIPATION IN ADJACENT FACILI-
TIES. 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 2. No agreement entered into by the office of parks, recreation and
historic preservation pursuant to the authority granted in subdivision
2-i of section 3.09 of the parks, recreation and historic preservation
law as added by section one of this act shall result in the displacement
of any currently employed worker or the loss of position, including
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.