STATE OF NEW YORK
________________________________________________________________________
7392--A
2013-2014 Regular Sessions
IN ASSEMBLY
May 14, 2013
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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.
