Bill Text: NY A07392 | 2013-2014 | General Assembly | Amended
Bill Title: Establishes a resident curator program for the rehabilitation of state park buildings.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-06-16 - substituted by s4757a [A07392 Detail]
Download: New_York-2013-A07392-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7392--A 2013-2014 Regular Sessions I N A S S E M B L Y May 14, 2013 ___________ Introduced by M. of A. MARKEY, ENGLEBRIGHT -- read once and referred to the Committee on Tourism, Parks, Arts and Sports Development -- recom- mitted to the Committee on Tourism, Parks, Arts and Sports Development in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: 1 Section 1. Section 3.09 of the parks, recreation and historic preser- 2 vation law is amended by adding a new subdivision 2-h to read as 3 follows: 4 2-H. BE EMPOWERED, IN ADDITION TO ANY OTHER PROVISION OF LAW AUTHOR- 5 IZING THE LEASING OF CERTAIN PROPERTY UNDER ITS JURISDICTION, TO ESTAB- 6 LISH A RESIDENT CURATOR PROGRAM TO ENCOURAGE INVESTMENT, RESTORATION AND 7 OCCUPANCY OF BUILDINGS WHICH SERVE NO PARK-RELATED PURPOSE AND WHICH, IF 8 REMAIN UNOCCUPIED, ARE AT RISK OF PROGRESSIVE DETERIORATION, BY AUTHOR- 9 IZING THE LEASING OF SUCH AT-RISK BUILDINGS ON A COMPETITIVE BASIS 10 PURSUANT TO THE ISSUANCE OF A REQUEST FOR PROPOSAL ANNOUNCED PUBLICLY 11 INCLUDING ON THE OFFICE WEBSITE, FOR RESIDENTIAL USE ONLY, AS A SINGLE 12 FAMILY DWELLING, TO INDIVIDUALS TO BE KNOWN AS "RESIDENT CURATORS" FOR 13 TERMS OF UP TO FORTY YEARS IN EXCHANGE FOR THE RESIDENT CURATOR ASSUMING 14 LIABILITY AND FINANCIAL OBLIGATION ASSOCIATED WITH THE REHABILITATION, 15 MAINTENANCE AND USE OF SUCH BUILDINGS AND ANY OTHER PROPERTY, REAL OR 16 PERSONAL, INCLUDED IN THE LEASE. THE LENGTH OF THE TERM OF SUCH LEASES 17 SHALL RELATE TO THE FINANCIAL INVESTMENT TO BE MADE BY THE RESIDENT 18 CURATOR WHICH WILL BE REQUIRED TO REHABILITATE AND MAINTAIN THE BUILDING 19 FOR RESIDENTIAL OCCUPANCY. THE AMOUNT OF RENT TO BE CHARGED, WHICH MAY 20 BE NOMINAL, SHALL BE BASED ON AN ASSESSMENT OF FAIR MARKET VALUE TAKING EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08960-04-4 A. 7392--A 2 1 INTO ACCOUNT THE PROJECTED COST OF REHABILITATING THE BUILDING INVESTED 2 BY THE RESIDENT CURATOR. ANY LEASE EXECUTED PURSUANT TO THIS SECTION 3 SHALL: REQUIRE THE RESIDENT CURATOR TO COMPLY WITH ALL LAWS, RULES AND 4 REGULATIONS AND MAINTAIN APPROPRIATE INSURANCE COVERAGE ASSOCIATED WITH 5 THE REHABILITATION, MAINTENANCE AND USE OF THE LEASED PREMISES; PROHIBIT 6 THE RESIDENT CURATOR FROM USING THE LEASED PREMISES EXCEPT IN ACCORDANCE 7 WITH CRITERIA TO BE DETERMINED BY THE COMMISSIONER; PROHIBIT THE RESI- 8 DENT CURATOR FROM USING THE LEASED PREMISES AS SECURITY FOR ANY DEBT, OR 9 FROM ASSIGNING OR SUBLETTING THE PREMISES EXCEPT AS AUTHORIZED BY THE 10 COMMISSIONER; AND REQUIRE THE COMMISSIONER TO DETERMINE IN HIS OR HER 11 SOLE DISCRETION WHEN THE RESTORATION IS COMPLETE. UPON TERMINATION OF 12 ANY LEASE EXECUTED PURSUANT TO THIS SECTION, FULL USE AND ENJOYMENT OF 13 THE PROPERTY REVERTS AUTOMATICALLY TO THE STATE. NO LEASE ENTERED INTO 14 IN THE RESIDENT CURATOR PROGRAM SHALL RESULT IN THE DISPLACEMENT OF ANY 15 CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION, INCLUDING THE PARTIAL 16 DISPLACEMENT SUCH AS REDUCTION IN THE HOURS OF NON-OVERTIME LABOR, WAGES 17 OR EMPLOYEE BENEFITS, THE DIMINISHMENT OF BENEFITS, OR SENIORITY RIGHTS 18 PROVIDED TO SUCH EMPLOYEE IN THE CIVIL SERVICE LAW, OR RESULT IN THE 19 IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING AGREEMENTS. THE COMMISSION- 20 ER IS AUTHORIZED TO LEASE FOR THE PURPOSE OF RESIDENTIAL OCCUPANCY IN 21 THE NINTH PARK REGION, THE BUILDING IDENTIFIED AS LI 73 LAB RESIDENCE AT 22 COLD SPRING HARBOR STATE PARK, THE HOLLINS HOUSE AT HECKSCHER STATE 23 PARK, AND THE BUILDING IDENTIFIED AS LI 40 HOUSE AT HITHER HILLS STATE 24 PARK. THE COMMISSIONER SHALL ADOPT RULES AND REGULATIONS FOR THE RESI- 25 DENT CURATOR PROGRAM, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, CRITE- 26 RIA FOR SELECTING RESPONSIBLE RESIDENT CURATORS, CRITERIA FOR ESTABLISH- 27 ING LENGTH OF TERMS FOR LEASES, CRITERIA FOR DETERMINING THE AMOUNT OF 28 RENT TO BE CHARGED TO RESIDENT CURATORS WHICH MAY BE NOMINAL FACTORING 29 IN THE CAPITAL INVESTMENT REQUIRED TO REHABILITATE AND MAINTAIN THE 30 LEASED PREMISES AND DETERMINING APPROPRIATE USES AND RESTRICTIONS ON USE 31 OF LEASED PREMISES IN THE RESIDENT CURATOR PROGRAM, INCLUDING WHETHER 32 AND UNDER WHAT CIRCUMSTANCES PUBLIC ACCESS IS APPROPRIATE TO PROPERTY IN 33 THE RESIDENT CURATOR PROGRAM. 34 S 2. This act shall take effect immediately.