NY State Senate Bill 2017-S8060A

Archive: Last Bill Status - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 07, 2018	signed chap.384
Nov 27, 2018	delivered to governor
Jun 20, 2018	returned to senate passed assembly ordered to third reading rules cal.470 substituted for a9965a
Jun 19, 2018	referred to ways and means delivered to assembly passed senate
Jun 18, 2018	ordered to third reading cal.1869 committee discharged and committed to rules
Jun 13, 2018	print number 8060a
Jun 13, 2018	amend and recommit to cultural affairs, tourism, parks and recreation
Mar 23, 2018	referred to cultural affairs, tourism, parks and recreation

Votes

- Jun 19, 2018 - Floor Vote
  S8060A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2018
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Croci
  Jun 18, 2018 - Rules Committee Vote
  S8060A
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2018
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      Young

Bill Amendments

Original

A (Active)

2017-S8060 - Details

See Assembly Version of this Bill:: A9965
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Amd §3.09, Pks & Rec L

2017-S8060 - Summary

Relates to leasing and licensing of property at Sampson state park and at Seneca Lake state park.

2017-S8060 - Sponsor Memo

                                
 
BILL NUMBER: S8060

SPONSOR: HELMING
 
TITLE OF BILL:

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

 
PURPOSE:

This bill would authorize the Commissioner of the Office of Parks,
Recreation and Historic Preservation (OPRHP or Office) to enter into a
lease or license not to exceed forty years for the maintenance and oper-
ation of a full-service marina which may include construction of associ-
ated camping, cabins and similar lodging facilities at Seneca Lake State
Park and to provide the same authority at Sampson State Park.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend the Parks, Recreation and Historic
Preservation Law (PRHPL) § 3.09(2-d) to add to the list of properties

that the Commissioner may lease or license to a private entity for a
term not to exceed forty years to maintain and operate the full-service
marina and construct other associated public amenities and concessions
at Seneca Lake State Park. It would also modify the Commissioner's
existing authority in respect to Sampson State Park to be identical to
the authority granted for Seneca Lake Park.

Section 2 of this bill would provide that no lease or license entered by
the Office would result in the impairment of any existing collective
bargaining agreements.

Section 3 of this bill would provide an immediate effective date.

 
JUSTIFICATION:

The Office has a long tradition of working with private entities to
invest in park facilities to improve the public's experience and provide
necessary resources needed to support park functions. OPRHP previously
received authorization to seek a license or lease for up to forty years
with a private sector partner to construct and operate a full-service
marina at Sampson State Park (Chapter 159 of the Laws of 2016). OPRHP
issued a Request for Proposals (RFP) for the project but was unable to
attract a private sector partner. After receiving feedback from poten-
tial proposers, OPRHP issued another RFP that added the option of also
operating and maintaining a companion marina at Seneca Lake State Park
located only 15 miles away from Sampson State Park. That RFP specified
that OPRHP would seek 40-year lease authority to support a selected
proposal.

The lack of authorization for OPRHP to enter a forty-year license or
lease term for Seneca Lake State Park that would mirror the license or
lease authority for the Sampson State Park marina is an obstacle for
making the joint project financially viable to the prospective partner.

Any lease or license would be subject to environmental and historic
preservation reviews and approvals, public notice and comment, and
compliance with the State Finance Law. Surrounding park and historic
resources would continue to be protected, and any proceeds realized from
the license or lease would be invested in capital improvements to park
facilities.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8060 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8060
 
                             I N  S E N A T E
 
                              March 23, 2018
                                ___________
 
 Introduced  by  Sen. HELMING -- 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 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 separately amended by chapters 159 and
 188 of the laws of 2016, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14827-01-8

 S. 8060                             2
 
 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,  MAINTENANCE  and operation of a full service marina,
 INCLUDING, BUT NOT LIMITED TO, ASSOCIATED CAMPING AND LODGING, at  Samp-
 son  state  park  AND  AT  SENECA  LAKE  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  Staatsburg  School in Margaret Lewis
 Norrie state park; in the eighth park region, for buildings  and  struc-
 tures 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 main house at Caumsett state histor-
 ic 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 shall be deposited into the state park
 infrastructure fund established pursuant to section  ninety-seven-mm  of
 the state finance law.
   §  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.
   § 3. This act shall take effect immediately.

2017-S8060A (ACTIVE) - Details

See Assembly Version of this Bill:: A9965
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Amd §3.09, Pks & Rec L

2017-S8060A (ACTIVE) - Summary

Relates to leasing and licensing of property at Sampson state park and at Seneca Lake state park.

2017-S8060A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8060A

SPONSOR: HELMING
 
TITLE OF BILL:

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

 
PURPOSE OF BILL:

This bill would authorize the Commissioner of the Office of Parks,
Recreation and Historic Preservation (OPRHP or Office) to enter into a
lease or license not to exceed forty years for the operation of full-
service marinas which may include construction and operation of associ-
ated concessions at Sampson State Park and Seneca Lake State Park.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend the Parks, Recreation and Historic
Preservation Law (PRHPL) § 3.09(2-d) to add to the list of properties
that the Commissioner may lease or license to a private entity for a

term not to exceed forty years to construct and operate full-service
marinas and construct other associated concessions at Sampson State Park
and Seneca Lake State Park.

Section 2 of this bill would provide that no lease or license entered by
the Office would result in the impairment of any existing collective
bargaining agreements.

Section 3 of this bill would provide an immediate effective date.

 
JUSTIFICATION:

Currently, PRHPL § 3.09(2-d) authorizes leases and licenses for specif-
ically delineated park-related properties for terms of up to forty
years, recognizing that extensive capital improvements to the listed
structures, or new capital construction, require this longer-term finan-
cial investment.

The Office has a long tradition of working with private entities to
invest in park facilities to improve the public's experience and provide
necessary resources needed to support park functions. OPRHP previously
received authorization to seek a license or lease for up to forty years
with a private sector partner to construct and operate a full-service
marina at Sampson State Park (Chapter 159 of the Laws of 2016). OPRHP
issued a Request for Proposals (RFP) for the project but was unable to
attract a private sector partner. After receiving feedback from poten-
tial proposers, OPRHP issued another RFP that added the option of also
operating and maintaining a companion marina at Seneca Lake State Park
located only 15 miles away from Sampson State Park. That RFP specified
that OPRHP would seek 40-year lease authority to support a selected
proposal.

The lack of authorization for OPRHP to enter a forty-year license or
lease term for Seneca Lake State Park that would mirror the license or
lease authority for the Sampson State Park marina is an obstacle for
making the joint project financially viable to the prospective partner.


Any lease or license would be subject to environmental and historic
preservation reviews and approvals, public notice and comment, and
compliance with the State Finance Law. Surrounding park and historic
resources would continue to be protected, and any proceeds realized from
the license or lease would be invested in capital improvements to park
facilities.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediate.

2017-S8060A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8060--A
 
                             I N  S E N A T E
 
                              March 23, 2018
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cultural Affairs, Tourism,
   Parks and Recreation -- 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 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 separately amended by chapters 159 and
 188 of the laws of 2016, 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

 building,  the  Commission  house  and  the  Stone  building,  including
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14827-06-8

 S. 8060--A                          2
 
 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] MARINAS AND
 ASSOCIATED CONCESSIONS, at Sampson state park AND AT SENECA  LAKE  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 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 facilities appurtenant  thereto  at  Bear
 Mountain  State  Park; in the ninth park region, the main house at Caum-
 sett 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 Sara-
 toga Spa state park. Any such lease or license may provide  for  reason-
 able  rights of access, utilities and parking located within the bounda-
 ries 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 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 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  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 equip-
 ment 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.
   §  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 associated concessions at Sampson state park and at
 Seneca Lake state park shall result in the displacement of any currently
 employed worker or the loss of position, including the partial displace-
 ment such as reduction in the hours of non-overtime, wages,  or  employ-
 ment  benefits,  or  result  in  the  impairment  of existing collective
 bargaining agreements.
   § 3. This act shall take effect immediately.

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Senate Bill S8060A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 19, 2018 - Floor Vote

Floor Vote: Jun 19, 2018

Jun 18, 2018 - Rules Committee Vote

Rules Committee Vote: Jun 18, 2018

Bill Amendments

2017-S8060 - Details

2017-S8060 - Summary

2017-S8060 - Sponsor Memo

2017-S8060 - Bill Text download pdf

2017-S8060A (ACTIVE) - Details

2017-S8060A (ACTIVE) - Summary

2017-S8060A (ACTIVE) - Sponsor Memo

2017-S8060A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8060A

Share this bill

Sponsored By

Pamela Helming

Archive: Last Bill Status - Signed by Governor

Bill Amendments

2017-S8060 - Details

2017-S8060 - Summary

2017-S8060 - Sponsor Memo

2017-S8060 - Bill Text download pdf

2017-S8060A (ACTIVE) - Details

2017-S8060A (ACTIVE) - Summary

2017-S8060A (ACTIVE) - Sponsor Memo

2017-S8060A (ACTIVE) - Bill Text download pdf

Comments