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S08060 Summary:

S08060 Actions:

S08060 Committee Votes:

S08060 Floor Votes:

S08060 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8060--A
 
                    IN SENATE
 
                                     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:
 
     1    Section  1.  Subdivision  2-d of section 3.09 of the parks, recreation
     2  and historic preservation law, as separately amended by chapters 159 and
     3  188 of the laws of 2016, 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
    25  park  region,  for  buildings  and structures commonly known as the Glen
    26  Iris Inn, the Pioneer Museum, the Pinewood Lodge,  the  Prospect  house,
    27  the  Lauterbrunnen  house, the Lower Falls restaurant building, the pool
    28  concession stands, the North Entrance visitor center, the administration
    29  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
 
     1  improvements  to structures and facilities appurtenant thereto at Letch-
     2  worth State park; in the fourth park region, the structures known as the
     3  caretaker's house and garage within the Buttermilk Falls state park, and
     4  the  construction and operation of [a] full service [marina] marinas and
     5  associated concessions, at Sampson state park and at Seneca  Lake  state
     6  park;  in  the  seventh  park  region,  the structure known as the brick
     7  cottage and associated outbuildings at John Jay Homestead state historic
     8  site, the structure known as the Hoyt House and the barns at Ogden Mills
     9  and Ruth Livingston Mills state park, the outbuildings  at  Olana  state
    10  historic  site  and the building commonly known as the Staatsburg School
    11  in Margaret Lewis Norrie state park; in  the  eighth  park  region,  for
    12  buildings and structures commonly known as the Bear Mountain Inn, the A.
    13  K. Morgan Overlook Lodge, the Cliff house, the Hilltop lodge, the Summit
    14  lodge,  the Echo lodge, the Beaver lodge and the Spring lodge, including
    15  improvements to structures and facilities appurtenant  thereto  at  Bear
    16  Mountain  State  Park; in the ninth park region, the main house at Caum-
    17  sett state historic park preserve, the  Boardwalk  Restaurant  at  Jones
    18  Beach  state  park and the buildings and structures at Nissequogue state
    19  park; in the eleventh park region, the structure known as La Tour house,
    20  the former bottling plant and dormitory for adaptive reuse, and property
    21  for the development of a golf course and related facilities within Sara-
    22  toga Spa state park. Any such lease or license may provide  for  reason-
    23  able  rights of access, utilities and parking located within the bounda-
    24  ries of the respective park or historic site. Such extended  term  shall
    25  be  for the purpose of assuring a lessee or licensee adequate protection
    26  against  loss  of  investments  in  developing,  renovating,  improving,
    27  furnishing  and equipping such properties, and the length of the term of
    28  any such lease or license shall have a direct relationship to the period
    29  required to amortize the investment. Any such lease or license shall  be
    30  entered  into  only after a finding by the commissioner that such action
    31  is compatible with public enjoyment and participation in  adjacent  park
    32  facilities,  and in the case of structures listed on or eligible for the
    33  state register of historic places,  that  such  lease  or  license  will
    34  encourage  investment by the private sector in restoring, preserving and
    35  maintaining such properties. In addition, such lease  or  license  shall
    36  contain terms and conditions as the commissioner shall deem necessary to
    37  address  environmental concerns, including any historic and recreational
    38  resources of such property; the compatible uses of adjacent  park  lands
    39  and  facilities;  and  otherwise to protect the public interest. The bid
    40  prospectus submitted  to  prospective  bidders  shall  contain  specific
    41  information  concerning the nature of the capital improvements or equip-
    42  ment to be provided by the successful bidder. Revenues from the lease or
    43  license of property pursuant to this section shall be deposited into the
    44  state park infrastructure fund established pursuant to  section  ninety-
    45  seven-mm of the state finance law.
    46    §  2.  No  lease  entered  into by the office of parks, recreation and
    47  historic preservation for the  construction  and  operation  of  a  full
    48  service  marina  and associated concessions at Sampson state park and at
    49  Seneca Lake state park shall result in the displacement of any currently
    50  employed worker or the loss of position, including the partial displace-
    51  ment such as reduction in the hours of non-overtime, wages,  or  employ-
    52  ment  benefits,  or  result  in  the  impairment  of existing collective
    53  bargaining agreements.
    54    § 3. This act shall take effect immediately.