Bill Text: NY S06966 | 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 1-0)

Status: (Introduced - Dead) 2016-06-14 - SUBSTITUTED BY A10519 [S06966 Detail]

Download: New_York-2015-S06966-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         6966--B
                    IN SENATE
                                     March 10, 2016
                                       ___________
        Introduced  by Sen. NOZZOLIO -- 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 committee -- 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14456-04-6

        S. 6966--B                          2
     1  park  region,  for  buildings  and structures commonly known as the Glen
     2  Iris Inn, the Pioneer Museum, the Pinewood Lodge,  the  Prospect  house,
     3  the  Lauterbrunnen  house, the Lower Falls restaurant building, the pool
     4  concession stands, the North Entrance visitor center, the administration
     5  building,  the  Commission  house  and  the  Stone  building,  including
     6  improvements to structures and facilities appurtenant thereto at  Letch-
     7  worth State park; in the fourth park region, the structures known as the
     8  caretaker's house and garage within the Buttermilk Falls state park, and
     9  the construction and operation of a full service marina at Sampson state
    10  park;  in  the  seventh  park  region,  the structure known as the brick
    11  cottage and associated outbuildings at John Jay Homestead state historic
    12  site, the structure known as the Hoyt House and the barns at Ogden Mills
    13  and Ruth Livingston Mills state park, the outbuildings  at  Olana  state
    14  historic  site  and the building commonly known as the Staatsburg School
    15  in Margaret Lewis Norrie state park; in  the  eighth  park  region,  for
    16  buildings and structures commonly known as the Bear Mountain Inn, the A.
    17  K. Morgan Overlook Lodge, the Cliff house, the Hilltop lodge, the Summit
    18  lodge,  the Echo lodge, the Beaver lodge and the Spring lodge, including
    19  improvements to structures and facilities appurtenant  thereto  at  Bear
    20  Mountain  State Park; in the ninth park region, the Boardwalk Restaurant
    21  at Jones Beach state park and the buildings and  structures  at  Nisseq-
    22  uogue state park; in the eleventh park region, the structure known as La
    23  Tour  house, the former bottling plant and dormitory for adaptive reuse,
    24  and property for the development of a golf course and related facilities
    25  within Saratoga Spa state park. Any such lease or  license  may  provide
    26  for  reasonable  rights  of access, utilities and parking located within
    27  the boundaries of the respective park or historic  site.  Such  extended
    28  term  shall be for the purpose of assuring a lessee or licensee adequate
    29  protection  against  loss  of  investments  in  developing,  renovating,
    30  improving,  furnishing  and equipping such properties, and the length of
    31  the term of any such lease or license shall have a  direct  relationship
    32  to  the  period  required  to amortize the investment. Any such lease or
    33  license shall be entered into only after a finding by  the  commissioner
    34  that  such  action is compatible with public enjoyment and participation
    35  in adjacent park facilities, and in the case of structures listed on  or
    36  eligible  for  the state register of historic places, that such lease or
    37  license will encourage investment by the private  sector  in  restoring,
    38  preserving  and  maintaining such properties. In addition, such lease or
    39  license shall contain terms and conditions  as  the  commissioner  shall
    40  deem necessary to address environmental concerns, including any historic
    41  and  recreational  resources  of  such  property; the compatible uses of
    42  adjacent park lands and facilities; and otherwise to protect the  public
    43  interest.  The  bid  prospectus  submitted  to prospective bidders shall
    44  contain specific  information  concerning  the  nature  of  the  capital
    45  improvements  or  equipment  to  be  provided  by the successful bidder.
    46  Revenues from the lease or license of property pursuant to this  section
    47  shall  be  deposited into the state park infrastructure fund established
    48  pursuant to section ninety-seven-mm of the state finance law.
    49    § 2. No lease entered into by the  office  of  parks,  recreation  and
    50  historic  preservation  for  the  construction  and  operation of a full
    51  service marina at Sampson state park shall result in the displacement of
    52  any currently employed worker or the loss  of  position,  including  the
    53  partial  displacement  such  as  reduction in the hours of non-overtime,
    54  wages, or employment benefits, or result in the impairment  of  existing
    55  collective bargaining agreements.
    56    § 3. This act shall take effect immediately.
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