Bill Text: NY S01558 | 2019-2020 | General Assembly | Amended

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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 2-0)

Status: (Engrossed - Dead) 2020-03-02 - referred to tourism, parks, arts and sports development [S01558 Detail]

Download: New_York-2019-S01558-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         1558--A
            Cal. No. 334
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 15, 2019
                                       ___________
        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 -- committee discharged  and  said  bill
          committed  to  the  Committee on Rules -- reported favorably from said
          committee, ordered to a third reading, passed by Senate and  delivered
          to  the Assembly, recalled, vote reconsidered, restored to third read-
          ing, amended and ordered reprinted, retaining its place in  the  order
          of third reading
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03197-05-9
        S. 1558--A                          2
     1  mean a house, building or other roofed structure under the  jurisdiction
     2  of  the  office  that  is  or  has become functionally isolated from the
     3  direct public service mission of the office such that such structure  is
     4  vacant  and at risk of undergoing progressive deterioration and/or func-
     5  tional abandonment because of fiscal or other  circumstantial  difficul-
     6  ties.  The length of the term of [such] leases executed pursuant to this
     7  subdivision shall relate to the [financial] investment to be made by the
     8  resident curator which will be required to rehabilitate and maintain the
     9  [building] at-risk structure for residential occupancy.  The  amount  of
    10  rent  to  be charged, which may be nominal, shall be based on an assess-
    11  ment of fair market value taking into  account  the  projected  cost  of
    12  rehabilitating the [building] at-risk structure invested by the resident
    13  curator.  Any lease executed pursuant to this section shall: require the
    14  resident curator to comply with all  laws,  rules  and  regulations  and
    15  maintain  appropriate  insurance  coverage associated with the rehabili-
    16  tation, maintenance and use of the leased premises; prohibit  the  resi-
    17  dent  curator  from  using the leased premises except in accordance with
    18  criteria to be determined [by the commissioner]  per  established  rule;
    19  prohibit the resident curator from using the leased premises as security
    20  for  any  debt,  or  from assigning or subletting the premises except as
    21  authorized by the commissioner[; and require the commissioner to  deter-
    22  mine  in  his  or her sole discretion when the restoration is complete].
    23  Upon termination of any lease executed pursuant to  this  section,  full
    24  use and enjoyment of the property reverts automatically to the state. No
    25  lease  entered  into in the resident curator program shall result in the
    26  displacement of any currently  employed  worker  or  loss  of  position,
    27  including  the  partial  displacement  such as reduction in the hours of
    28  non-overtime labor, wages or  employee  benefits,  the  diminishment  of
    29  benefits,  or  seniority  rights  provided to such employee in the civil
    30  service law, or result in the impairment of existing collective bargain-
    31  ing agreements. [The commissioner is authorized to lease for the purpose
    32  of residential occupancy in the ninth park region, the building  identi-
    33  fied  as  LI  73  Lab  residence  at  Cold Spring Harbor state park, the
    34  Hollins House at Heckscher State Park, the building identified as LI  40
    35  house  at  Hither Hills State Park; and in the eleventh park region, the
    36  Susan B. Anthony House.] The Commissioner shall consult with  the  state
    37  board  for  historic preservation, established pursuant to section 11.03
    38  of this title, prior to entering into a resident curator lease  for  any
    39  at risk structure, including those eligible for listing on the state and
    40  national  registers  of  historic places. The commissioner shall adopt a
    41  plan identifying at risk structures  within  state  parks  and  historic
    42  sites,  and  shall  adopt rules and regulations for the resident curator
    43  program, which shall include,  but  not  be  limited  to,  criteria  for
    44  selecting  responsible  resident  curators,  criteria  for  establishing
    45  length of terms for leases, criteria for determining the amount of  rent
    46  to be charged to resident curators which may be nominal factoring in the
    47  capital  investment  required  to  rehabilitate  and maintain the leased
    48  premises and determining appropriate uses and  restrictions  on  use  of
    49  leased  premises  in the resident curator program, including whether and
    50  under what circumstances public access is appropriate to property in the
    51  resident curator program.  This plan, as well as  the  rules  and  regu-
    52  lations,  shall  be  presented  to  and  approved by the state board for
    53  historic preservation prior to their adoption.
    54    § 2. This act shall take effect immediately.