NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7392A
SPONSOR: Markey TITLE OF BILL: An act to amend the parks, recreation and historic
preservation law, in relation to establishing a resident curator program
for the rehabilitation of state park buildings
PURPOSE OF THE BILL:
This bill would amend Parks, Recreation and Historic Preservation Law
(PRHPL) § 3.09 to authorize the Office of Parks, Recreation and Historic
Preservation (OPRHP) to establish a Resident Curator Program with
respect to leasing three vacant and obsolete buildings located at Long
Island-based parks.
SUMMARY OF PROVISIONS:
Section 1 of the bill would add a new subdivision 2-h to PRHPL § 3.09 to
establish the Resident Curator Program with respect to residential-style
buildings located in three Long Island-based parks: Cold Spring Harbor
State Park; Heckscher State Park; and Hither Hills State Park.
Section 2 of the bill provides that the bill would be effective imme-
diately.
EXISTING LAW:
Various subdivisions of PRHPL § 3.09 authorize OPRHP to enter into leas-
es or licenses with private and governmental entities to improve and
operate State park and historic facilities.
PRIOR LEGISLATIVE HISTORY:
A bill proposing a similar program was first introduced in 2010
(A.11219-A/S.7986-A) and in 2011 (A.5710/S.2749).
STATEMENT IN SUPPORT:
OPRHP has an inventory of residential buildings situated within park and
historic site boundaries that are not currently used for a number of
reasons, including that they (i) have deteriorated to the point that
significant capital investments would be required before they could be
used, or (ii) do not serve a park purpose. Due to their location within
state parks or historic sites, however, buildings that meet either of
these conditions are not appropriate for disposition through the usual
methods available to State agencies. This bill would create an innova-
tive mechanism for attracting private investments to rehabilitate obso-
lete and deteriorated residential structures that do not otherwise have
a park or historic-related purpose, allowing OPRHP to focus its very
limited capital funds on other priorities.
The Resident Curator Program that would be established under the bill is
similar to programs established in other states including Maryland and
Massachusetts. The bill would authorize OPRHP to enter into leases
through the State's normal competitive bidding process with private
individuals, who would then rehabilitate vacant residential buildings at
their own expense using private funds. In exchange, these individuals
would receive a long-term lease (up to 40 years), subject to all appli-
cable State laws, regulations and requirements. Ownership of rehabili-
tated residential structures would remain with OPRHP, and the agency
would receive the benefit of rehabilitated structures at the end of the
lease term. OPRHP has selected three properties located on Long Island
to launch the Resident Curator Program: (i) the LI 73 lab residence at
Cold Spring Harbor State Park; (ii) the Hollins House at Heckscher State
Park; and (iii) the building identified as LI 40 house at Hither Hills
State Park. All three properties have been vacant for many years and
need major renovation to be occupied. They are located in areas conven-
ient for Resident Curators and compatible with park and recreational
uses.
BUDGET IMPLICATIONS:
None.
LOCAL IMPACT:
None.
EFFECTIVE DATE:
Effective immediately upon enactment.
STATE OF NEW YORK
________________________________________________________________________
7392--A
2013-2014 Regular Sessions
IN ASSEMBLY
May 14, 2013
___________
Introduced by M. of A. MARKEY, ENGLEBRIGHT -- read once and referred to
the Committee on Tourism, Parks, Arts and Sports Development -- recom-
mitted to the Committee on Tourism, Parks, Arts and Sports Development
in accordance with Assembly Rule 3, sec. 2 -- 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 establishing a resident curator program for the rehabili-
tation of state park buildings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3.09 of the parks, recreation and historic preser-
2 vation law is amended by adding a new subdivision 2-h to read as
3 follows:
4 2-h. Be empowered, in addition to any other provision of law author-
5 izing the leasing of certain property under its jurisdiction, to estab-
6 lish a resident curator program to encourage investment, restoration and
7 occupancy of buildings which serve no park-related purpose and which, if
8 remain unoccupied, are at risk of progressive deterioration, by author-
9 izing the leasing of such at-risk buildings on a competitive basis
10 pursuant to the issuance of a request for proposal announced publicly
11 including on the office website, for residential use only, as a single
12 family dwelling, to individuals to be known as "resident curators" for
13 terms of up to forty years in exchange for the resident curator assuming
14 liability and financial obligation associated with the rehabilitation,
15 maintenance and use of such buildings and any other property, real or
16 personal, included in the lease. The length of the term of such leases
17 shall relate to the financial investment to be made by the resident
18 curator which will be required to rehabilitate and maintain the building
19 for residential occupancy. The amount of rent to be charged, which may
20 be nominal, shall be based on an assessment of fair market value taking
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08960-04-4
A. 7392--A 2
1 into account the projected cost of rehabilitating the building invested
2 by the resident curator. Any lease executed pursuant to this section
3 shall: require the resident curator to comply with all laws, rules and
4 regulations and maintain appropriate insurance coverage associated with
5 the rehabilitation, maintenance and use of the leased premises; prohibit
6 the resident curator from using the leased premises except in accordance
7 with criteria to be determined by the commissioner; prohibit the resi-
8 dent curator from using the leased premises as security for any debt, or
9 from assigning or subletting the premises except as authorized by the
10 commissioner; and require the commissioner to determine in his or her
11 sole discretion when the restoration is complete. Upon termination of
12 any lease executed pursuant to this section, full use and enjoyment of
13 the property reverts automatically to the state. No lease entered into
14 in the resident curator program shall result in the displacement of any
15 currently employed worker or loss of position, including the partial
16 displacement such as reduction in the hours of non-overtime labor, wages
17 or employee benefits, the diminishment of benefits, or seniority rights
18 provided to such employee in the civil service law, or result in the
19 impairment of existing collective bargaining agreements. The commission-
20 er is authorized to lease for the purpose of residential occupancy in
21 the ninth park region, the building identified as LI 73 Lab residence at
22 Cold Spring Harbor state park, the Hollins House at Heckscher State
23 Park, and the building identified as LI 40 house at Hither Hills State
24 Park. The Commissioner shall adopt rules and regulations for the resi-
25 dent curator program, which shall include, but not be limited to, crite-
26 ria for selecting responsible resident curators, criteria for establish-
27 ing length of terms for leases, criteria for determining the amount of
28 rent to be charged to resident curators which may be nominal factoring
29 in the capital investment required to rehabilitate and maintain the
30 leased premises and determining appropriate uses and restrictions on use
31 of leased premises in the resident curator program, including whether
32 and under what circumstances public access is appropriate to property in
33 the resident curator program.
34 § 2. This act shall take effect immediately.
