S T A T E O F N E W Y O R K
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10546
I N A S S E M B L Y
June 5, 2012
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Markey,
Corwin) -- (at request of the Office of Parks, Recreation and Historic
Preservation) -- 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 leasing and licensing of property
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2-d of section 3.09 of the parks, recreation
and historic preservation law, as amended by chapter 302 of the laws of
2011, is amended to read as follows:
2-d. Be empowered, in addition to any other provision of law authoriz-
ing the leasing or licensing of property under its jurisdiction, to
encourage investment by the private sector for the provision of equip-
ment and capital improvements at historic sites, state park and recre-
ation facilities by entering into lease or license agreements for an
extended term not to exceed forty years at the following: in the first
park region, for services provided at the observation tower, and for
buildings and structures commonly known as the Cave of the Winds build-
ing, the Top of the Falls Restaurant, the administration building, the
visitor center, the Goat Island center, the snack bar at the Cave of the
Winds, the current police building, the original Prospect Point elevator
building, the lower landing snack bar and the Schoellkopf Museum,
including improvements to structures and facilities appurtenant thereto
at Niagara Reservation State Park, the site of the former casino, the
former commission house and the eighty-slip boat marina within the boun-
daries of Beaver Island state park and the structures known as the navy
barracks, the post theater, the officers' club and the commandant's
house within Fort Niagara state park, [and the] buildings and structures
at Deveaux Woods state park, AND BUILDINGS AND FACILITIES WITHIN KNOX
FARM STATE PARK; in the second park region, the building known as
Minturn Mansion within Long Point on Lake Chautauqua state park; in the
third park region, for buildings and structures commonly known as the
Glen Iris Inn, the Pioneer Museum, the Pinewood Lodge, the Prospect
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14247-06-2
A. 10546 2
house, the Lauterbrunnen house, the Lower Falls restaurant building, the
pool concession stands, the North Entrance visitor center, the adminis-
tration building, the Commission house and the Stone building, including
improvements to structures and facilities appurtenant thereto at Letch-
worth State park; in the fourth park region, the structures known as the
caretaker's house and garage within the Buttermilk Falls state park; in
the seventh park region, the structure known as the brick cottage and
associated outbuildings at John Jay Homestead state historic site, the
structure known as the Hoyt House and the barns at Ogden Mills and Ruth
Livingston Mills state park, the outbuildings at Olana state historic
site and the building commonly known as the Staatsburg School in Margar-
et Lewis Norrie state park; in the eighth park region, for buildings and
structures commonly known as the Bear Mountain Inn, the A. K. Morgan
Overlook Lodge, the Cliff house, the Hilltop lodge, the Summit lodge,
the Echo lodge, the Beaver lodge and the Spring lodge, including
improvements to structures and facilities appurtenant thereto at Bear
Mountain State Park; in the ninth park region, the Boardwalk Restaurant
at Jones Beach state park and the buildings and structures at Nisseq-
uogue state park; in the eleventh park region, the structure known as La
Tour house, the former bottling plant and dormitory for adaptive reuse,
and property for the development of a golf course and related facilities
within Saratoga Spa state park. Any such lease or license may provide
for reasonable rights of access, utilities and parking located within
the boundaries of the respective park or historic site. Such extended
term shall be for the purpose of assuring a lessee or licensee adequate
protection against loss of investments in developing, renovating,
improving, furnishing and equipping such properties, and the length of
the term of any such lease or license shall have a direct relationship
to the period required to amortize the investment. Any such lease or
license shall be entered into only after a finding by the commissioner
that such action is compatible with public enjoyment and participation
in adjacent park facilities, and in the case of structures listed on or
eligible for the state register of historic places, that such lease or
license will encourage investment by the private sector in restoring,
preserving and maintaining such properties. In addition, such lease or
license shall contain terms and conditions as the commissioner shall
deem necessary to address environmental concerns, including any historic
and recreational resources of such property; the compatible uses of
adjacent park lands and facilities; and otherwise to protect the public
interest. The bid prospectus submitted to prospective bidders shall
contain specific information concerning the nature of the capital
improvements or equipment to be provided by the successful bidder.
Revenues from the lease or license of property pursuant to this section
shall be deposited into the state park infrastructure fund established
pursuant to section ninety-seven-mm of the state finance law.
S 2. This act shall take effect immediately.