Bill Text: NY A04285 | 2023-2024 | General Assembly | Introduced

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Bill Title: Authorizes the office of parks, recreation and historic preservation to establish a resident curator program for the rehabilitation of state park buildings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-03-06 - RETURNED TO ASSEMBLY [A04285 Detail]

Download: New_York-2023-A04285-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4285

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 14, 2023
                                       ___________

        Introduced  by  M.  of  A.  O'DONNELL  --  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 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:

     1    Section 1.  Subdivision 2-h of section 3.09 of the  parks,  recreation
     2  and  historic preservation law, as amended by chapter 382 of the laws of
     3  2016, is amended to read as follows:
     4    2-h. Be empowered, in addition to any other provision of law authoriz-
     5  ing the leasing of certain property under its jurisdiction, to establish
     6  a resident curator program  to  encourage  investment,  restoration  and
     7  occupancy  of  [buildings which serve no park-related purpose and which,
     8  if remain unoccupied, are at risk of progressive deterioration,] at-risk
     9  structures by authorizing the leasing of such at-risk [buildings] struc-
    10  tures on a competitive basis pursuant to the issuance of a  request  for
    11  proposal  announced  publicly including on the office website, for resi-
    12  dential use only, as a single family  dwelling,  to  individuals  to  be
    13  known  as "resident curators" for terms of up to forty years in exchange
    14  for the resident curator assuming  liability  and  financial  obligation
    15  associated  with  the rehabilitation, maintenance and use of such build-
    16  ings and any other property, real or personal, included  in  the  lease.
    17  For the purposes of this subdivision, the term "at-risk structure" shall
    18  mean  a house, building or other roofed structure under the jurisdiction
    19  of the office that is or  has  become  functionally  isolated  from  the
    20  direct  public service mission of the office such that such structure is

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02781-01-3
        A. 4285                             2

     1  vacant and at risk of undergoing progressive deterioration and/or  func-
     2  tional  abandonment  because of fiscal or other circumstantial difficul-
     3  ties. The length of the term of [such] leases executed pursuant to  this
     4  subdivision shall relate to the [financial] investment to be made by the
     5  resident curator which will be required to rehabilitate and maintain the
     6  [building]  at-risk  structure  for residential occupancy. The amount of
     7  rent to be charged, which may be nominal, shall be based on  an  assess-
     8  ment  of  fair  market  value  taking into account the projected cost of
     9  rehabilitating the [building] at-risk structure invested by the resident
    10  curator. Any lease executed pursuant to this section shall: require  the
    11  resident  curator  to  comply  with  all laws, rules and regulations and
    12  maintain appropriate insurance coverage associated  with  the  rehabili-
    13  tation,  maintenance  and use of the leased premises; prohibit the resi-
    14  dent curator from using the leased premises except  in  accordance  with
    15  criteria  to  be  determined [by the commissioner] per established rule;
    16  prohibit the resident curator from using the leased premises as security
    17  for any debt, or from assigning or subletting  the  premises  except  as
    18  authorized  by the commissioner[; and require the commissioner to deter-
    19  mine in his or her sole discretion when the  restoration  is  complete].
    20  Upon  termination  of  any lease executed pursuant to this section, full
    21  use and enjoyment of the property reverts automatically to the state. No
    22  lease entered into in the resident curator program shall result  in  the
    23  displacement  of  any  currently  employed  worker  or loss of position,
    24  including the partial displacement such as reduction  in  the  hours  of
    25  non-overtime  labor,  wages  or  employee  benefits, the diminishment of
    26  benefits, or seniority rights provided to such  employee  in  the  civil
    27  service law, or result in the impairment of existing collective bargain-
    28  ing agreements. [The commissioner is authorized to lease for the purpose
    29  of  residential occupancy in the ninth park region, the building identi-
    30  fied as LI 73 Lab residence  at  Cold  Spring  Harbor  state  park,  the
    31  Hollins  House at Heckscher State Park, the building identified as LI 40
    32  house at Hither Hills State Park; and in the eleventh park  region,  the
    33  Susan  B.  Anthony House.] The Commissioner shall consult with the state
    34  board for historic preservation, established pursuant to  section  11.03
    35  of  this  title, prior to entering into a resident curator lease for any
    36  at risk structure, including those eligible for listing on the state and
    37  national registers of historic places. The commissioner  shall  adopt  a
    38  plan  identifying  at  risk  structures  within state parks and historic
    39  sites, and shall adopt rules and regulations for  the  resident  curator
    40  program,  which  shall  include,  but  not  be  limited to, criteria for
    41  selecting  responsible  resident  curators,  criteria  for  establishing
    42  length  of terms for leases, criteria for determining the amount of rent
    43  to be charged to resident curators which may be nominal factoring in the
    44  capital investment required to  rehabilitate  and  maintain  the  leased
    45  premises  and  determining  appropriate  uses and restrictions on use of
    46  leased premises in the resident curator program, including  whether  and
    47  under what circumstances public access is appropriate to property in the
    48  resident  curator  program.    This plan, as well as the rules and regu-
    49  lations, shall be presented to and  approved  by  the  state  board  for
    50  historic preservation prior to their adoption.
    51    § 2. This act shall take effect immediately.