§ 3.09 General functions, powers and duties. The office by and through
the commissioner, shall:

1. Acquire and establish historic sites and objects and, except within
the sixth park region, state parks, parkways and state recreational
facilities.

2. Operate and maintain, either directly, or by contract, lease or
license, such historic sites and objects, parks, parkways and
recreational facilities.

2-a. Be empowered to encourage investment by the private sector for
the provision of equipment and capital improvements for concession
facilities operated at historic sites and, except within the sixth park
region, state park and recreation facilities by entering into concession
license agreements for extended periods not to exceed twenty years in
total; provided that any such agreement 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 of no less than one million dollars over
the contract term. Such extended term shall be for the purpose of
assuring a concessionaire of adequate protection against loss of
investment in structures, fixtures, equipment, supplies and other
improvements, and the length of such term shall have a direct
relationship to the period required to amortize the investment. 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.

2-b. Be empowered, in addition to any other provision of law
authorizing the leasing of property under its jurisdiction, to lease the
Gideon Putnam hotel, Lincoln, Washington, Roosevelt I and Roosevelt II
bathhouses and provide for reasonable rights of access, utilities and
parking located within the boundaries of the Saratoga Spa state park,
for reasonable consideration and for a term not to exceed forty years.
Such extended term shall be for the purpose of assuring a lessee of
adequate protection against loss of investments in structures, fixtures,
equipment, supplies and other improvements, and the length of such term
shall have a direct relationship to the period required to amortize the
investment. Any such lease shall be entered into only after a finding by
the commissioner that such action will encourage investment by the
private sector in maintaining and preserving buildings listed on or
eligible for the state register of historic places, established pursuant
to section 14.07 of this chapter, and is compatible with public
enjoyment and participation in adjacent park facilities. In addition,
such lease shall contain terms and conditions as the commissioner shall
deem necessary to assure preservation and maintenance of the historic
quality of any such property, the compatible uses with adjacent park
lands and facilities, and otherwise to protect the public interest.

* 2-c. Be empowered, in addition to any other provision of law
authorizing the leasing of property under its jurisdiction, to lease
Hyde hall historic site and provide for reasonable rights of access,
utilities and parking located within the boundaries of the Glimmerglass
state park for a term not to exceed thirty years. Such extended term
shall be for assuring a lessee of adequate protection against loss of
investments in renovations performed on the Hyde hall historic site. Any
such lease shall be entered into only after a finding by the
commissioner that such action will encourage investment by the private
sector in maintaining, preserving and restoring buildings listed on the
state register of historic places, established pursuant to section 14.07
of this chapter, and is compatible with public enjoyment and
participation in adjacent park facilities. In addition, such lease shall
contain terms and conditions as the commissioner shall deem necessary to
assure preservation and maintenance of the historic quality of any such
property, the compatible uses with adjacent park lands and facilities,
and otherwise to protect the public interest.

* NB Repealed January 1, 2047

2-d. Be empowered, in addition to any other provision of law
authorizing the leasing or licensing of property under its jurisdiction,
to encourage investment by the private sector for the provision of
equipment and capital improvements at historic sites, state park and
recreation 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
building, 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 boundaries 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 improvements to structures and facilities
appurtenant thereto at Letchworth 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 full
service 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 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 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 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-e. Be empowered, in addition to any provision of law authorizing
the leasing of property under its jurisdiction, to enter into a
cooperative agreement, lease or license within the ninth park region,
for parklands, parkway rights-of-way and structures at Cold Spring
Harbor, including a library and environmental center. Any such
cooperative agreement, lease or license may be for a term not to exceed
one hundred years and provide for reasonable rights of access, utilities
and parking in association with such facilities. Any such cooperative
agreement, 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 agreement or lease will encourage investment by the
private sector in restoring, preserving and maintaining such properties.
In addition, such agreement or lease 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 parklands and facilities; and
otherwise to protect the public interest. Revenues from any such
agreement or lease of property shall be deposited into the state park
infrastructure fund established pursuant to section ninety-seven-mm of
the state finance law, as added by section one hundred thirty-two of
chapter fifty-five of the laws of nineteen hundred ninety-two.

* NB There are 2 sub 2-e's

* 2-e. Be empowered, in addition to any provision of law authorizing
the leasing of property under its jurisdiction, to enter into a
cooperative agreement, lease or license to develop, operate and maintain
for athletic fields and recreational facilities, parkland located within
the twelfth park region to be known as East River State Park. Any such
cooperative agreement, lease or license may be for a term not to exceed
fifty years and provide for reasonable rights of access, utilities and
parking in association with such facilities. Any such cooperative
agreement, 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 agreement or lease will encourage investment by the
private sector in restoring, preserving and maintaining such properties.
In addition, such agreement or lease shall contain terms and conditions
as the commissioner shall deemed 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. Revenues from any such
agreement or lease of property shall be deposited into the state park
infrastructure fund established pursuant to section ninety-seven-mm of
the state finance law.

* NB There are 2 sub 2-e's

2-f. Cooperate with the office of probation and correctional
alternatives by identifying appropriate worksites where persons
performing community service as part of a criminal disposition may be
assigned to provide cleanup and other maintenance services in order to
preserve and enhance the state's natural beauty and human-made scenic
qualities. Such sites may include but are not limited to the state's
shorelines, beaches, parks, roadways, historic sites and other natural
or human-made resources.

2-g. Be empowered, in addition to any provision of law authorizing the
leasing or licensing of property under its jurisdiction, to enter into a
cooperative agreement, lease or license with the board of education of
the school district of the city of Niagara Falls for parklands, parkway
rights-of-way, buildings, structures and facilities within the first
park region at DeVeaux Woods State Park for use by the school district
as administrative offices, maintenance warehousing and related
facilities. Such cooperative agreement, lease or license may be for a
term not to exceed fifty years and shall provide for reasonable rights
of access, utilities and parking in association with such facilities.

Any such cooperative agreement, 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 cooperative agreement, lease or license
will provide for and encourage preserving and maintaining such
properties.

In addition, such cooperative agreement, lease or license shall
contain terms and conditions such as the commissioner may deem necessary
to address environmental concerns, including any historic and
recreational resources of such property; the compatible uses of adjacent
parklands and facilities; and otherwise to protect the public interest.

Such cooperative agreement, lease or license may provide for the
school district to make capital improvements to the property, including
improvements to those spaces to be occupied by the office, and for the
joint use of some or all of the buildings, structures and facilities
between the school district of the city of Niagara Falls and the office
of parks, recreation and historic preservation as well as sharing of
capital costs for the improvements made to the buildings, structures and
facilities, in which case payments to the office pursuant to such
agreement, lease or license by the school district shall be offset by
expenses incurred by such school district in making capital improvements
or in maintaining the designated building, structures and facilities for
the term of any such cooperative agreement, lease or license. Revenues
from any such agreement or lease of property shall be deposited into the
state park infrastructure fund established pursuant to section
ninety-seven-mm of the state finance law, as added by section one
hundred thirty-two of chapter fifty-five of the laws of nineteen hundred
ninety-two.

2-h. Be empowered, in addition to any other provision of law
authorizing the leasing of certain property under its jurisdiction, to
establish a resident curator program to encourage investment,
restoration and occupancy of buildings which serve no park-related
purpose and which, if remain unoccupied, are at risk of progressive
deterioration, by authorizing the leasing of such at-risk buildings on a
competitive basis pursuant to the issuance of a request for proposal
announced publicly including on the office website, for residential use
only, as a single family dwelling, to individuals to be known as
"resident curators" for terms of up to forty years in exchange for the
resident curator assuming liability and financial obligation associated
with the rehabilitation, maintenance and use of such buildings and any
other property, real or personal, included in the lease. The length of
the term of such leases shall relate to the financial investment to be
made by the resident curator which will be required to rehabilitate and
maintain the building for residential occupancy. The amount of rent to
be charged, which may be nominal, shall be based on an assessment of
fair market value taking into account the projected cost of
rehabilitating the building invested by the resident curator. Any lease
executed pursuant to this section shall: require the resident curator to
comply with all laws, rules and regulations and maintain appropriate
insurance coverage associated with the rehabilitation, maintenance and
use of the leased premises; prohibit the resident curator from using the
leased premises except in accordance with criteria to be determined by
the commissioner; prohibit the resident curator from using the leased
premises as security for any debt, or from assigning or subletting the
premises except as authorized by the commissioner; and require the
commissioner to determine in his or her sole discretion when the
restoration is complete. Upon termination of any lease executed pursuant
to this section, full use and enjoyment of the property reverts
automatically to the state. No lease entered into in the resident
curator program shall result in the displacement of any currently
employed worker or loss of position, including the partial displacement
such as reduction in the hours of non-overtime labor, wages or employee
benefits, the diminishment of benefits, or seniority rights provided to
such employee in the civil service law, or result in the impairment of
existing collective bargaining agreements. The commissioner is
authorized to lease for the purpose of residential occupancy in the
ninth park region, the building identified as LI 73 Lab residence at
Cold Spring Harbor state park, the Hollins House at Heckscher State
Park, the building identified as LI 40 house at Hither Hills State Park;
and in the eleventh park region, the Susan B. Anthony House. The
Commissioner shall adopt rules and regulations for the resident curator
program, which shall include, but not be limited to, criteria for
selecting responsible resident curators, criteria for establishing
length of terms for leases, criteria for determining the amount of rent
to be charged to resident curators which may be nominal factoring in the
capital investment required to rehabilitate and maintain the leased
premises and determining appropriate uses and restrictions on use of
leased premises in the resident curator program, including whether and
under what circumstances public access is appropriate to property in the
resident curator program.

3. Encourage, facilitate and coordinate the planning and
implementation of parks, recreational and historic preservation
activities and programs of state agencies.

4. Cooperate in the planning, organization, development and operation
of municipal and private park, recreational and historic preservation
projects and programs.

5. Provide for the health, safety and welfare of the public using
facilities under its jurisdiction.

6. Encourage, promote and engage in cooperative recreational,
educational, historic and cultural activities, projects and programs
undertaken by any federal, state or local governmental agency or private
philanthropic or non-profit interest for the benefit of the public.

7. Undertake surveys or analyses deemed appropriate for the
performance of the functions, powers and duties of the office through
office personnel or consultants, or in cooperation with any public or
private agencies.

7-a. Promulgate a comprehensive plan for the establishment of a
state-wide trails system. For the purposes of this subdivision "trails"
shall include footpaths, bike ways, snowmobile trails, horse trails,
cross country ski trails, roads and other rights-of-way suitable for
hiking, strolling, cycling, horseback riding, skiing and other means of
motorized and non-motorized travel for recreational purposes and shall
include combinations and systems of trails, including connecting and
side trails, and trails leading to scenic and recreational areas. The
commissioner, with the approval of the director of the budget, may,
within the appropriations made available by the legislature, purchase
such abandoned railroad rights-of-way as can be used in the
comprehensive plan, and make improvements where necessary, in order to
make them suitable and available for use as trails.

8. Adopt, amend or rescind such rules, regulations and orders as may
be necessary or convenient for the performance or exercise of the
functions, powers and duties of the office.

9. Enter into contracts with any person and do all things necessary or
convenient to carry out the functions, powers and duties of the office.

10. Encourage, promote and provide recreational opportunities for
residents of urban as well as suburban and rural areas.

11. When designated by the governor, act as the state agent for the
receipt and administration of any federal grant or advance of funds for
the assistance of any project, program or activity related to the
functions, powers and duties of the office, where the designation of a
state agent is required under federal law or regulation, regardless of
whether the project, program or activity is undertaken by the office or
another person.

12. Conduct hearings and prepare transcripts and records thereof,
appoint hearing officers, administer oaths, subpoena witnesses and take
depositions with respect to any matter under the jurisdiction or control
of the office.

13. Bring or defend such actions, suits or proceedings as the
commissioner may deem necessary or proper to perform any of the powers,
functions and duties of the office.

14. Exercise and perform such other functions, powers and duties as
shall have been or may be from time to time conferred or imposed by or
pursuant to law.

15. Enhance the natural resources within the state park, recreation
and historic site system by providing habitat for various wildlife
species including endangered and threatened species of fauna through
practices such as ecological restoration, wetland conservation and the
planting of trees, shrubs and herbaceous plants indigenous to the area
which act as food and protective cover for fauna. Selection of plant
species or communities of species shall take into consideration the
natural, ecological, historic, archeological, aesthetic, and public use
resources in the immediate areas as well as the management goals of the
park or site.

16. Enter into contracts or other agreements with not-for-profit
corporations or foundations to provide, either in whole or in part, for
the operation, maintenance or other services for any park, recreational
facility, historic site or program. The office may provide facilities
for such corporations and foundations to conduct fund-raising activities
for the support of such parks, facilities, sites and programs.

17. In consultation with the New York state biodiversity research
institute created pursuant to section two hundred thirty-five-a of the
education law, within amounts appropriated therefor, by January first,
nineteen hundred ninety-five conduct a review of lands currently in
state-ownership and under the office's jurisdiction to identify lands
and waters that harbor plants, animals, and ecological communities that
are rare in New York state.

18. Identify, protect, manage, and conserve important ecological and
natural resources, including plants, animals and ecological communities
that are rare in New York state, located on state parks, parkways,
historic sites, recreational facilities and other lands under the
jurisdiction of the commissioner.

19. Offer for sale advertising and corporate sponsorship space in
various publications of the office and offer for sale informational and
promotional material related to programs, operations, facilities and
resources under the jurisdiction of the office. Any proceeds realized
from the sale of advertising or corporate sponsorship space or
informational or promotional materials shall be deposited in the patron
services account of the miscellaneous special revenue fund and shall be
used by the office to defray the cost of development and publication of
informational and promotional material.

19-a. Prior to offering for sale to the public any merchandise, goods,
commodities or food service at parks, recreation facilities, historic
sites or other facilities under the jurisdiction of the office, make a
written finding that the private sector is unable or unwilling to
provide such merchandise, goods, commodities or food service under
agreement with the office and under such terms and conditions as the
commissioner determines are fair and reasonable to the state and
necessary to serve the public interest. Any proceeds realized from the
sale of such merchandise, goods, commodities or food service shall be
deposited in the patron services account of the miscellaneous special
revenue fund and shall be used by the office to defray the cost of
operating and maintaining such parks, recreation facilities and historic
sites.

20. Provide for the display of the POW/MIA flag wherever the flag of
the United States of America is on display at state parks, historic
sites, and recreational facilities.

21. Develop, in consultation with the commissioner of health,
informational signs and brochures alerting patrons of the dangers of
overexposure to the sun and its relationship to skin cancer. The
information on such signs and in such brochures shall include methods by
which an individual may help prevent exposure to the sun and lessen his
or her risk of contracting skin cancer. Such signs and informational
brochures shall be placed in appropriate locations at the discretion of
the commissioner.

22. Be empowered to enter into an agreement with the New York state
thruway authority, which shall allow the office to utilize an electronic
toll collection system for the collection of any entrance fee or parking
fee at any historic site, park or recreational facility.

23. Establish and implement a program for the collection of recyclable
materials that are discarded in state parks, state historic sites and
state recreational facilities. Such recyclable materials shall include,
but not be limited to, metal, plastic, glass and paper. In each such
park, historic site and recreational facility the office shall install
bins for the collection of recyclable materials. The office shall
regularly collect and provide for the recycling of the recyclable
materials collected.