S T A T E   O F   N E W   Y O R K
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                                  5710

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2011
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Tourism, Parks, Arts and Sports Development

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:

  Section  1. Section 3.09 of the parks, recreation and historic preser-
vation law is amended by  adding  a  new  subdivision  2-h  to  read  as
follows:
  2-H. BE EMPOWERED, IN ADDITION TO ANY OTHER PROVISION OF LAW AUTHORIZ-
ING THE LEASING OF PROPERTY UNDER ITS JURISDICTION, TO ESTABLISH A RESI-
DENT  CURATOR  PROGRAM. THE TERM "RESIDENT CURATOR" SHALL MEAN A PRIVATE
INDIVIDUAL OR INDIVIDUALS, OR NOT-FOR-PROFIT CORPORATION SELECTED BY THE
COMMISSIONER, WHO OR WHICH MEETS ESTABLISHED CRITERIA OF THE  OFFICE  TO
INVEST  PRIVATE  OR  OTHER  NON-STATE BUDGETED FUNDS TO REHABILITATE AND
MAINTAIN AN AT RISK STRUCTURE UNDER THE OFFICE'S JURISDICTION.  FOR  THE
PURPOSES  OF THIS SUBDIVISION, THE TERM "AT RISK STRUCTURE" SHALL MEAN A
HOUSE, BUILDING OR OTHER ROOFED STRUCTURE UNDER THE JURISDICTION OF  THE
OFFICE  THAT  IS  OR  HAS  BECOME  FUNCTIONALLY ISOLATED FROM THE DIRECT
PUBLIC SERVICE MISSION OF THE OFFICE SUCH THAT SUCH STRUCTURE IS  VACANT
AND  AT  RISK  OF UNDERGOING PROGRESSIVE DETERIORATION AND/OR FUNCTIONAL
ABANDONMENT BECAUSE OF FISCAL OR OTHER CIRCUMSTANTIAL DIFFICULTIES.
  THE COMMISSIONER SHALL BE AUTHORIZED TO LEASE SUCH AT  RISK  STRUCTURE
TO A RESIDENT CURATOR FOR THE LIFE OF THE RESIDENT CURATOR OR FOR A TERM
OF  UP  TO FORTY YEARS IN EXCHANGE FOR THE RESIDENT CURATOR ASSUMING THE
FINANCIAL RESPONSIBILITY FOR THE REHABILITATION AND MAINTENANCE OF  SUCH
AT RISK STRUCTURE, AND TO PROVIDE REASONABLE RIGHTS OF ACCESS, UTILITIES
AND  PARKING FOR THE PURPOSE OF RESIDENTIAL OCCUPANCY OR OTHER USES THAT
ARE DEEMED BY THE COMMISSIONER TO BE APPROPRIATE  TO  TAKE  PLACE  AT  A
STATE  PARK  OR  HISTORIC  SITE. THE COMMISSIONER SHALL CONSULT WITH THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00399-01-1
              

A. 5710                             2

STATE BOARD FOR HISTORIC PRESERVATION, ESTABLISHED PURSUANT  TO  SECTION
11.03 OF THIS TITLE, PRIOR TO ENTERING INTO A RESIDENT CURATOR LEASE FOR
ANY AT RISK STRUCTURE, INCLUDING THOSE ELIGIBLE FOR LISTING ON THE STATE
AND NATIONAL REGISTERS OF HISTORIC PLACES.  THE COMMISSIONER SHALL ADOPT
A  PLAN  IDENTIFYING  AT RISK STRUCTURES IN THE STATE PARKS AND HISTORIC
SITES, AND SHALL ADOPT RULES AND REGULATIONS TO PROMULGATE THE  RESIDENT
CURATOR  PROGRAM,  WHICH  SHALL INCLUDE, BUT NOT BE LIMITED TO, CRITERIA
FOR IDENTIFYING AT RISK STRUCTURES APPROPRIATE FOR THE PROGRAM  AND  THE
CRITERIA USED TO SELECT RESPONSIBLE RESIDENT CURATORS.
  S 2. This act shall take effect immediately.