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

                                  7280

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 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 authorizing the lease of the caretaker's house and garage
  within the Buttermilk Falls state park

  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 541 of the laws  of
2003, 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; 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10868-02-1
              

A. 7280                             2

known as the Glen Iris Inn, the Pioneer Museum, the Pinewood Lodge,  the
Prospect  house,  the  Lauterbrunnen  house,  the Lower Falls restaurant
building, the pool concession stands, the North Entrance visitor center,
the  administration  building, the Commission house and the Stone build-
ing, including improvements to  structures  and  facilities  appurtenant
thereto  at Letchworth State park; IN THE FOURTH PARK REGION, THE STRUC-
TURES 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 Staats-
burg School in Margaret 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 [Nissequoque] NISSEQUOGUE 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, util-
ities and parking located within the boundaries of the  respective  park
or  historic site. Such extended term shall be for the purpose of assur-
ing 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.