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.