S T A T E O F N E W Y O R K
________________________________________________________________________
725
2017-2018 Regular Sessions
I N A S S E M B L Y
January 9, 2017
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Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Tourism, Parks, Arts and Sports Development
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; AND IN THE NINTH PARK REGION, HECKSCHER STATE PARK
AND WILDWOOD 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03755-01-7
A. 725 2
CABINS WILL AFFORD A PUBLIC AMENITY AND ARE COMPATIBLE WITH PUBLIC
ENJOYMENT 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.
§ 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.
§ 3. This act shall take effect immediately.