Bill Text: NY S04358 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Authorizes the office of parks, recreation and historic preservation to lease and license certain structures and facilities within certain state parks.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2014-06-20 - COMMITTED TO RULES [S04358 Detail]

Download: New_York-2013-S04358-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4358--B
           Cal. No. 143
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    March 21, 2013
                                      ___________
       Introduced  by  Sens.  LITTLE,  MAZIARZ  -- (at request of the Office of
         Parks, Recreation and Historic Preservation) -- read twice and ordered
         printed, and when printed to be committed to the Committee on Cultural
         Affairs, Tourism, Parks and Recreation -- committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee -- recommitted to the Committee on Tourism, Parks, Arts and Sports
         Development in accordance with Senate  Rule  6,  sec.  8  --  reported
         favorably  from  said  committee,  ordered to first and second report,
         ordered to a third reading, 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 leasing and licensing of property; and to repeal  subdivi-
         sion  2-g of section 3.09 of such law relating to leases and licensing
         to the city school district of the city of Niagara Falls
         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,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08962-06-4
       S. 4358--B                          2
    1  including improvements to structures and facilities appurtenant  thereto
    2  at  Niagara  Reservation  State Park, the site of the former casino, the
    3  former commission house and the eighty-slip boat marina within the boun-
    4  daries  of Beaver Island state park and the structures known as the navy
    5  barracks, the post theater, the  officers'  club  and  the  commandant's
    6  house  within  Fort  Niagara  state  park,  buildings  and structures at
    7  Deveaux Woods state park, and buildings and facilities within Knox  Farm
    8  state  park;  in  the  second park region, the building known as Minturn
    9  Mansion within Long Point on Lake Chautauqua state park;  in  the  third
   10  park  region,  for  buildings  and structures commonly known as the Glen
   11  Iris Inn, the Pioneer Museum, the Pinewood Lodge,  the  Prospect  house,
   12  the  Lauterbrunnen  house, the Lower Falls restaurant building, the pool
   13  concession stands, the North Entrance visitor center, the administration
   14  building,  the  Commission  house  and  the  Stone  building,  including
   15  improvements  to structures and facilities appurtenant thereto at Letch-
   16  worth State park; in the fourth park region, the structures known as the
   17  caretaker's house and garage within the Buttermilk Falls state park;  in
   18  the  seventh  park  region, the structure known as the brick cottage and
   19  associated outbuildings at John Jay Homestead state historic  site,  the
   20  structure  known as the Hoyt House and the barns at Ogden Mills and Ruth
   21  Livingston Mills state park, the outbuildings at  Olana  state  historic
   22  site and the building commonly known as the Staatsburg School in Margar-
   23  et Lewis Norrie state park; in the eighth park region, for buildings and
   24  structures  commonly  known  as  the Bear Mountain Inn, the A. K. Morgan
   25  Overlook Lodge, the Cliff house, the Hilltop lodge,  the  Summit  lodge,
   26  the  Echo  lodge,  the  Beaver  lodge  and  the  Spring lodge, including
   27  improvements to structures and facilities appurtenant  thereto  at  Bear
   28  Mountain  State  Park;  in the ninth park region, THE WINTER COTTAGE AND
   29  MAIN HOUSE AT CAUMSETT STATE HISTORIC PRESERVE, RECREATIONAL  FACILITIES
   30  AT THE LOCATION OF THE AQUATIC COMPLEX AND CAMPGROUND AT HECKSCHER STATE
   31  PARK,  the Boardwalk Restaurant at Jones Beach state park and the build-
   32  ings and structures at Nissequogue state  park;  in  the  eleventh  park
   33  region,  the structure known as La Tour house, the former bottling plant
   34  and dormitory for adaptive reuse, and property for the development of  a
   35  golf  course and related facilities within Saratoga Spa state park.  Any
   36  such lease or license may provide for reasonable rights of access, util-
   37  ities and parking located within the boundaries of the  respective  park
   38  or  historic site. Such extended term shall be for the purpose of assur-
   39  ing a lessee or licensee adequate protection against loss of investments
   40  in developing, renovating,  improving,  furnishing  and  equipping  such
   41  properties,  and  the  length  of  the term of any such lease or license
   42  shall have a direct relationship to the period required to amortize  the
   43  investment. Any such lease or license shall be entered into only after a
   44  finding  by  the commissioner that such action is compatible with public
   45  enjoyment and participation in adjacent park facilities, and in the case
   46  of structures listed on or eligible for the state register  of  historic
   47  places,  that  such  lease  or  license will encourage investment by the
   48  private sector in restoring, preserving and maintaining such properties.
   49  In addition, such lease or license shall contain terms and conditions as
   50  the commissioner shall deem necessary to address environmental concerns,
   51  including any historic and recreational resources of such property;  the
   52  compatible  uses of adjacent park lands and facilities; and otherwise to
   53  protect the public interest. The bid prospectus submitted to prospective
   54  bidders shall contain specific information concerning the nature of  the
   55  capital  improvements  or  equipment  to  be  provided by the successful
   56  bidder. Revenues from the lease or license of property pursuant to  this
       S. 4358--B                          3
    1  section  shall  be  deposited  into  the  state park infrastructure fund
    2  established pursuant to section ninety-seven-mm  of  the  state  finance
    3  law.
    4    S  2.  Subdivision  2-g  of  section 3.09 of the parks, recreation and
    5  historic preservation law is REPEALED.
    6    S 3. This act shall take effect immediately.
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