S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1364
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 Introduced  by  Sens. SERRANO, SAVINO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Cultural Affairs,
   Tourism, Parks and Recreation
 
 AN ACT to amend the parks, recreation and historic preservation law,  in
   relation  to requiring the state commissioner of parks, recreation and
   historic preservation to consult with the  state  board  for  historic
   preservation  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, and to adopt a plan identi-
   fying at risk structures within state parks and historic sites
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 2-h of section 3.09 of the  parks,  recreation
 and  historic preservation law, as amended by chapter 382 of the laws of
 2016, is amended to read as follows:
   2-h. Be empowered, in addition to any other provision of law authoriz-
 ing the leasing of certain property under its jurisdiction, to establish
 a resident curator program  to  encourage  investment,  restoration  and
 occupancy  of  [buildings which serve no park-related purpose and which,
 if remain unoccupied, are at risk of progressive deterioration,] AT-RISK
 STRUCTURES by authorizing the leasing of such at-risk [buildings] STRUC-
 TURES on a competitive basis pursuant to the issuance of a  request  for
 proposal  announced  publicly including on the office website, for resi-
 dential use only, as a single family  dwelling,  to  individuals  to  be
 known  as "resident curators" for terms of up to forty years in exchange
 for the resident curator assuming  liability  and  financial  obligation
 associated  with  the rehabilitation, maintenance and use of such build-
 ings and any other property, real or personal, included  in  the  lease.
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03270-01-1

 S. 1364                             2
 
 DIRECT  PUBLIC SERVICE MISSION OF THE OFFICE SUCH THAT SUCH STRUCTURE IS
 VACANT AND AT RISK OF UNDERGOING PROGRESSIVE DETERIORATION AND/OR  FUNC-
 TIONAL  ABANDONMENT  BECAUSE OF FISCAL OR OTHER CIRCUMSTANTIAL DIFFICUL-
 TIES.  The length of the term of [such] leases EXECUTED PURSUANT TO THIS
 SUBDIVISION shall relate to the [financial] investment to be made by the
 resident curator which will be required to rehabilitate and maintain the
 [building] AT-RISK STRUCTURE for residential occupancy.  The  amount  of
 rent  to  be charged, which may be nominal, shall be based on an assess-
 ment of fair market value taking into  account  the  projected  cost  of
 rehabilitating the [building] AT-RISK STRUCTURE invested by the resident
 curator.  Any lease executed pursuant to this section shall: require the
 resident curator to comply with all  laws,  rules  and  regulations  and
 maintain  appropriate  insurance  coverage associated with the rehabili-
 tation, maintenance and use of the leased premises; prohibit  the  resi-
 dent  curator  from  using the leased premises except in accordance with
 criteria to be determined [by the commissioner]  PER  ESTABLISHED  RULE;
 prohibit the resident curator from using the leased premises as security
 for  any  debt,  or  from assigning or subletting the premises except as
 authorized by the commissioner[; and require the commissioner to  deter-
 mine  in  his  or her sole discretion when the restoration is complete].
 Upon termination of any lease executed pursuant to  this  section,  full
 use and enjoyment of the property reverts automatically to the state. No
 lease  entered  into in the resident curator program shall result in the
 displacement of any currently  employed  worker  or  loss  of  position,
 including  the  partial  displacement  such as reduction in the hours of
 non-overtime labor, wages or  employee  benefits,  the  diminishment  of
 benefits,  or  seniority  rights  provided to such employee in the civil
 service law, or result in the impairment of existing collective bargain-
 ing agreements. [The commissioner is authorized to lease for the purpose
 of residential occupancy in the ninth park region, the building  identi-
 fied  as  LI  73  Lab  residence  at  Cold Spring Harbor state park, the
 Hollins House at Heckscher State Park, the building identified as LI  40
 house  at  Hither Hills State Park; and in the eleventh park region, the
 Susan B. Anthony House.] The Commissioner SHALL CONSULT WITH  THE  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  WITHIN  STATE  PARKS  AND  HISTORIC
 SITES,  AND  shall  adopt rules and regulations for the resident curator
 program, which shall include,  but  not  be  limited  to,  criteria  for
 selecting  responsible  resident  curators,  criteria  for  establishing
 length of terms for leases, criteria for determining the amount of  rent
 to be charged to resident curators which may be nominal factoring in the
 capital  investment  required  to  rehabilitate  and maintain the leased
 premises and determining appropriate uses and  restrictions  on  use  of
 leased  premises  in the resident curator program, including whether and
 under what circumstances public access is appropriate to property in the
 resident curator program.  THIS PLAN, AS WELL AS  THE  RULES  AND  REGU-
 LATIONS,  SHALL  BE  PRESENTED  TO  AND  APPROVED BY THE STATE BOARD FOR
 HISTORIC PRESERVATION PRIOR TO THEIR ADOPTION.
   § 2. This act shall take effect immediately.