Bill Text: NY A09550 | 2015-2016 | General Assembly | Amended


Bill Title: Relates to the leasing and licensing of property by the office of parks, recreation and historic preservation for Sampson State Park.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2016-05-25 - enacting clause stricken [A09550 Detail]

Download: New_York-2015-A09550-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         9550--A
                   IN ASSEMBLY
                                     March 16, 2016
                                       ___________
        Introduced  by  M. of A. PALMESANO, KOLB, OAKS -- read once and referred
          to the Committee on Tourism, Parks, Arts  and  Sports  Development  --
          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 the leasing and licensing of property
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 2-d of section 3.09 of  the  parks,  recreation
     2  and  historic preservation law, as amended by chapter 263 of the laws of
     3  2012, is amended to read as follows:
     4    2-d. Be empowered, in addition to any other provision of law authoriz-
     5  ing the leasing or licensing of  property  under  its  jurisdiction,  to
     6  encourage  investment  by the private sector for the provision of equip-
     7  ment and capital improvements at historic sites, state park  and  recre-
     8  ation  facilities  by  entering  into lease or license agreements for an
     9  extended term not to exceed forty years at the following: in  the  first
    10  park  region,  for  services  provided at the observation tower, and for
    11  buildings and structures commonly known as the Cave of the Winds  build-
    12  ing,  the  Top of the Falls Restaurant, the administration building, the
    13  visitor center, the Goat Island center, the snack bar at the Cave of the
    14  Winds, the current police building, the original Prospect Point elevator
    15  building, the lower  landing  snack  bar  and  the  Schoellkopf  Museum,
    16  including  improvements to structures and facilities appurtenant thereto
    17  at Niagara Reservation State Park, the site of the  former  casino,  the
    18  former commission house and the eighty-slip boat marina within the boun-
    19  daries  of Beaver Island state park and the structures known as the navy
    20  barracks, the post theater, the  officers'  club  and  the  commandant's
    21  house  within  Fort  Niagara  state  park,  buildings  and structures at
    22  Deveaux Woods state park, and buildings and facilities within Knox  Farm
    23  state  park;  in  the  second park region, the building known as Minturn
    24  Mansion within Long Point on Lake Chautauqua state park;  in  the  third
    25  park  region,  for  buildings  and structures commonly known as the Glen
    26  Iris Inn, the Pioneer Museum, the Pinewood Lodge,  the  Prospect  house,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14456-03-6

        A. 9550--A                          2
     1  the  Lauterbrunnen  house, the Lower Falls restaurant building, the pool
     2  concession stands, the North Entrance visitor center, the administration
     3  building,  the  Commission  house  and  the  Stone  building,  including
     4  improvements  to structures and facilities appurtenant thereto at Letch-
     5  worth State park; in the fourth park region, the structures known as the
     6  caretaker's house and garage within the Buttermilk Falls state park, and
     7  the construction and operation of a full service marina  and  cabins  at
     8  Sampson  state  park; in the seventh park region, the structure known as
     9  the brick cottage and associated  outbuildings  at  John  Jay  Homestead
    10  state historic site, the structure known as the Hoyt House and the barns
    11  at Ogden Mills and Ruth Livingston Mills state park, the outbuildings at
    12  Olana state historic site and the building commonly known as the Staats-
    13  burg  School  in  Margaret  Lewis  Norrie state park; in the eighth park
    14  region, for buildings and structures commonly known as the Bear Mountain
    15  Inn, the A. K. Morgan Overlook  Lodge,  the  Cliff  house,  the  Hilltop
    16  lodge, the Summit lodge, the Echo lodge, the Beaver lodge and the Spring
    17  lodge,  including  improvements to structures and facilities appurtenant
    18  thereto at Bear Mountain State Park;  in  the  ninth  park  region,  the
    19  Boardwalk  Restaurant  at  Jones  Beach state park and the buildings and
    20  structures at Nissequogue state park; in the eleventh park  region,  the
    21  structure known as La Tour house, the former bottling plant and dormito-
    22  ry for adaptive reuse, and property for the development of a golf course
    23  and related facilities within Saratoga Spa state park. Any such lease or
    24  license may provide for reasonable rights of access, utilities and park-
    25  ing  located  within  the  boundaries of the respective park or historic
    26  site. Such extended term shall be for the purpose of assuring  a  lessee
    27  or  licensee adequate protection against loss of investments in develop-
    28  ing, renovating, improving, furnishing and  equipping  such  properties,
    29  and  the  length  of  the term of any such lease or license shall have a
    30  direct relationship to the period required to amortize  the  investment.
    31  Any  such lease or license shall be entered into only after a finding by
    32  the commissioner that such action is compatible  with  public  enjoyment
    33  and participation in adjacent park facilities, and in the case of struc-
    34  tures  listed  on or eligible for the state register of historic places,
    35  that such lease or license will  encourage  investment  by  the  private
    36  sector  in  restoring,  preserving  and  maintaining such properties. In
    37  addition, such lease or license shall contain terms  and  conditions  as
    38  the commissioner shall deem necessary to address environmental concerns,
    39  including  any historic and recreational resources of such property; the
    40  compatible uses of adjacent park lands and facilities; and otherwise  to
    41  protect the public interest. The bid prospectus submitted to prospective
    42  bidders  shall contain specific information concerning the nature of the
    43  capital improvements or equipment  to  be  provided  by  the  successful
    44  bidder.  Revenues from the lease or license of property pursuant to this
    45  section shall be deposited  into  the  state  park  infrastructure  fund
    46  established  pursuant  to  section  ninety-seven-mm of the state finance
    47  law.
    48    § 2. No lease entered into by the  office  of  parks,  recreation  and
    49  historic  preservation  for  the  construction  and  operation of a full
    50  service marina and cabins at Sampson state  park  shall  result  in  the
    51  displacement  of  any currently employed worker or the loss of position,
    52  including the partial displacement such as reduction  in  the  hours  of
    53  non-overtime, wages, or employment benefits, or result in the impairment
    54  of existing collective bargaining agreements.
    55    § 3. This act shall take effect immediately.
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