Bill Text: NY S01364 | 2021-2022 | 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 3-0)

Status: (Engrossed - Dead) 2022-03-10 - referred to tourism, parks, arts and sports development [S01364 Detail]

Download: New_York-2021-S01364-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1364

                               2021-2022 Regular Sessions

                    IN SENATE

                                    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:

     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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03270-01-1
        S. 1364                             2

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