S T A T E   O F   N E W   Y O R K
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                                   4633
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced by M. of A. MAGEE, CROUCH, FINCH -- read once and referred to
   the Committee on Environmental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   providing for the lease of the Rogers environmental  education  center
   in the town of Sherburne, county of Chenango, to the Friends of Rogers
   Environmental  Education Center, Inc., and providing for certain terms
   of such lease
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  3-0301  of the environmental conservation law is
 amended by adding a new subdivision 6 to read as follows:
   6. THE DEPARTMENT, BY AND THROUGH THE COMMISSIONER, SHALL, IN ADDITION
 TO ANY OTHER PROVISION OF LAW AUTHORIZING THE LEASING OF PROPERTY  UNDER
 ITS  JURISDICTION,  LEASE  THE LAND, AND THE   BUILDINGS, STRUCTURES AND
 IMPROVEMENTS THEREON, CONSTITUTING THE  ROGERS  ENVIRONMENTAL  EDUCATION
 CENTER  IN  THE TOWN OF SHERBURNE, COUNTY OF CHENANGO, TO THE FRIENDS OF
 ROGERS ENVIRONMENTAL EDUCATION CENTER,  INC.,  A  NOT-FOR-PROFIT  CORPO-
 RATION,  FOR  A TERM OF NOT LESS THAN FORTY YEARS FOR THE PURPOSE OF THE
 OPERATION OF SUCH CENTER TO PROMOTE THE UNDERSTANDING  OF  ENVIRONMENTAL
 CONSERVATION.  SUCH EXTENDED LEASE TERM SHALL BE FOR ASSURING THE LESSEE
 OF ADEQUATE PROTECTION AGAINST LOSS OF INVESTMENTS  IN  RENOVATIONS  AND
 IMPROVEMENTS  TO,  AND THE OPERATION AND MAINTENANCE OF THE ROGERS ENVI-
 RONMENTAL EDUCATION CENTER DURING THE TERM  OF  THE  LEASE.  SUCH  LEASE
 SHALL  REQUIRE  THE  LESSEE TO OPERATE SUCH CENTER IN A MANNER THAT WILL
 ENCOURAGE INVESTMENT BY THE PRIVATE SECTOR IN MAINTAINING AND  OPERATING
 THE  ROGERS ENVIRONMENTAL EDUCATION CENTER FOR PUBLIC USE AND ENJOYMENT,
 IN FURTHERANCE  OF  ENVIRONMENTAL  EDUCATION  AND  PRESERVATION  OF  THE
 NATURAL  RESOURCES OF SUCH CENTER. THE LESSEE SHALL HAVE SOLE DISCRETION
 IN DETERMINING WHICH INVESTMENTS BY THE PRIVATE SECTOR, AND THE  PARTIES
 MAKING  SUCH  INVESTMENTS  SHALL  BE  ACCEPTED  OR  REJECTED.  THE LEASE
 REQUIRED BY THIS SUBDIVISION SHALL AUTHORIZE THE LESSEE  TO  IMPOSE  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08829-01-7

 A. 4633                             2
 
 COLLECT   REASONABLE  USE  FEES  FOR  EVENTS,  PROGRAMS  AND  ACTIVITIES
 CONDUCTED BY IT UPON THE GROUNDS OF THE ROGERS  ENVIRONMENTAL  EDUCATION
 CENTER  INCLUDING, BUT NOT LIMITED TO, SUCH EDUCATIONAL PROGRAMS, RECRE-
 ATIONAL  ACTIVITIES, USES OF SUCH CENTER AND FUNDRAISING EVENTS AS SHALL
 BE DETERMINED BY THE LESSEE IN ITS DISCRETION; PROVIDED,  HOWEVER,  THAT
 ALL  FEES  AND REVENUE COLLECTED BY THE LESSEE SHALL BE USED EXCLUSIVELY
 FOR THE OPERATION AND  MAINTENANCE  OF  THE  CENTER.  SUCH  LEASE  SHALL
 CONTAIN  SUCH TERMS AND CONDITIONS AS THE COMMISSIONER SHALL DEEM NECES-
 SARY TO PROTECT THE PUBLIC INTEREST, INSURE PUBLIC  ACCESS  AND  PROTECT
 THE  NATURAL RESOURCES OF THE CENTER, WHILE NOT RESTRICTING THE LESSEE'S
 USE AND OPERATION THEREOF FOR THE BENEFIT AND ENJOYMENT OF THE PUBLIC.
   § 2. This act shall take effect immediately.