STATE OF NEW YORK
________________________________________________________________________
6966--B
IN SENATE
March 10, 2016
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Introduced by Sen. NOZZOLIO -- 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 -- 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 the leasing and licensing of property
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2-d of section 3.09 of the parks, recreation
2 and historic preservation law, as amended by chapter 263 of the laws of
3 2012, is amended to read as follows:
4 2-d. Be empowered, in addition to any other provision of law authoriz-
5 ing the leasing or licensing of property under its jurisdiction, to
6 encourage investment by the private sector for the provision of equip-
7 ment and capital improvements at historic sites, state park and recre-
8 ation facilities by entering into lease or license agreements for an
9 extended term not to exceed forty years at the following: in the first
10 park region, for services provided at the observation tower, and for
11 buildings and structures commonly known as the Cave of the Winds build-
12 ing, the Top of the Falls Restaurant, the administration building, the
13 visitor center, the Goat Island center, the snack bar at the Cave of the
14 Winds, the current police building, the original Prospect Point elevator
15 building, the lower landing snack bar and the Schoellkopf Museum,
16 including improvements to structures and facilities appurtenant thereto
17 at Niagara Reservation State Park, the site of the former casino, the
18 former commission house and the eighty-slip boat marina within the boun-
19 daries of Beaver Island state park and the structures known as the navy
20 barracks, the post theater, the officers' club and the commandant's
21 house within Fort Niagara state park, buildings and structures at
22 Deveaux Woods state park, and buildings and facilities within Knox Farm
23 state park; in the second park region, the building known as Minturn
24 Mansion within Long Point on Lake Chautauqua state park; in the third
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14456-04-6
S. 6966--B 2
1 park region, for buildings and structures commonly known as the Glen
2 Iris Inn, the Pioneer Museum, the Pinewood Lodge, the Prospect house,
3 the Lauterbrunnen house, the Lower Falls restaurant building, the pool
4 concession stands, the North Entrance visitor center, the administration
5 building, the Commission house and the Stone building, including
6 improvements to structures and facilities appurtenant thereto at Letch-
7 worth State park; in the fourth park region, the structures known as the
8 caretaker's house and garage within the Buttermilk Falls state park, and
9 the construction and operation of a full service marina at Sampson state
10 park; in the seventh park region, the structure known as the brick
11 cottage and associated outbuildings at John Jay Homestead state historic
12 site, the structure known as the Hoyt House and the barns at Ogden Mills
13 and Ruth Livingston Mills state park, the outbuildings at Olana state
14 historic site and the building commonly known as the Staatsburg School
15 in Margaret Lewis Norrie state park; in the eighth park region, for
16 buildings and structures commonly known as the Bear Mountain Inn, the A.
17 K. Morgan Overlook Lodge, the Cliff house, the Hilltop lodge, the Summit
18 lodge, the Echo lodge, the Beaver lodge and the Spring lodge, including
19 improvements to structures and facilities appurtenant thereto at Bear
20 Mountain State Park; in the ninth park region, the Boardwalk Restaurant
21 at Jones Beach state park and the buildings and structures at Nisseq-
22 uogue state park; in the eleventh park region, the structure known as La
23 Tour house, the former bottling plant and dormitory for adaptive reuse,
24 and property for the development of a golf course and related facilities
25 within Saratoga Spa state park. Any such lease or license may provide
26 for reasonable rights of access, utilities and parking located within
27 the boundaries of the respective park or historic site. Such extended
28 term shall be for the purpose of assuring a lessee or licensee adequate
29 protection against loss of investments in developing, renovating,
30 improving, furnishing and equipping such properties, and the length of
31 the term of any such lease or license shall have a direct relationship
32 to the period required to amortize the investment. Any such lease or
33 license shall be entered into only after a finding by the commissioner
34 that such action is compatible with public enjoyment and participation
35 in adjacent park facilities, and in the case of structures listed on or
36 eligible for the state register of historic places, that such lease or
37 license will encourage investment by the private sector in restoring,
38 preserving and maintaining such properties. In addition, such lease or
39 license shall contain terms and conditions as the commissioner shall
40 deem necessary to address environmental concerns, including any historic
41 and recreational resources of such property; the compatible uses of
42 adjacent park lands and facilities; and otherwise to protect the public
43 interest. The bid prospectus submitted to prospective bidders shall
44 contain specific information concerning the nature of the capital
45 improvements or equipment to be provided by the successful bidder.
46 Revenues from the lease or license of property pursuant to this section
47 shall be deposited into the state park infrastructure fund established
48 pursuant to section ninety-seven-mm of the state finance law.
49 § 2. No lease entered into by the office of parks, recreation and
50 historic preservation for the construction and operation of a full
51 service marina at Sampson state park shall result in the displacement of
52 any currently employed worker or the loss of position, including the
53 partial displacement such as reduction in the hours of non-overtime,
54 wages, or employment benefits, or result in the impairment of existing
55 collective bargaining agreements.
56 § 3. This act shall take effect immediately.