Bill Text: NY A09965 | 2017-2018 | General Assembly | Amended


Bill Title: Relates to leasing and licensing of property at Sampson state park and at Seneca Lake state park.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2018-06-20 - substituted by s8060a [A09965 Detail]

Download: New_York-2017-A09965-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         9965--A
                   IN ASSEMBLY
                                      March 2, 2018
                                       ___________
        Introduced  by  M.  of  A.  MORELLE,  KOLB,  PALMESANO  -- read once and
          referred to the Committee on Tourism, Parks, Arts and Sports  Develop-
          ment  --  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 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 separately amended by chapters 159 and
     3  188 of the laws of 2016, 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
    25  park region, for buildings and structures commonly  known  as  the  Glen
    26  Iris  Inn,  the  Pioneer Museum, the Pinewood Lodge, the Prospect house,
    27  the Lauterbrunnen house, the Lower Falls restaurant building,  the  pool
    28  concession stands, the North Entrance visitor center, the administration
    29  building,  the  Commission  house  and  the  Stone  building,  including
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14827-07-8

        A. 9965--A                          2
     1  improvements to structures and facilities appurtenant thereto at  Letch-
     2  worth State park; in the fourth park region, the structures known as the
     3  caretaker's house and garage within the Buttermilk Falls state park, and
     4  the  construction and operation of [a] full service [marina] marinas and
     5  associated concessions, at Sampson state park and at Seneca  Lake  state
     6  park;  in  the  seventh  park  region,  the structure known as the brick
     7  cottage and associated outbuildings at John Jay Homestead state historic
     8  site, the structure known as the Hoyt House and the barns at Ogden Mills
     9  and Ruth Livingston Mills state park, the outbuildings  at  Olana  state
    10  historic  site  and the building commonly known as the Staatsburg School
    11  in Margaret Lewis Norrie state park; in  the  eighth  park  region,  for
    12  buildings and structures commonly known as the Bear Mountain Inn, the A.
    13  K. Morgan Overlook Lodge, the Cliff house, the Hilltop lodge, the Summit
    14  lodge,  the Echo lodge, the Beaver lodge and the Spring lodge, including
    15  improvements to structures and facilities appurtenant  thereto  at  Bear
    16  Mountain  State  Park; in the ninth park region, the main house at Caum-
    17  sett state historic park preserve, the  Boardwalk  Restaurant  at  Jones
    18  Beach  state  park and the buildings and structures at Nissequogue state
    19  park; in the eleventh park region, the structure known as La Tour house,
    20  the former bottling plant and dormitory for adaptive reuse, and property
    21  for the development of a golf course and related facilities within Sara-
    22  toga Spa state park. Any such lease or license may provide  for  reason-
    23  able  rights of access, utilities and parking located within the bounda-
    24  ries of the respective park or historic site. Such extended  term  shall
    25  be  for the purpose of assuring a lessee or licensee adequate protection
    26  against  loss  of  investments  in  developing,  renovating,  improving,
    27  furnishing  and equipping such properties, and the length of the term of
    28  any such lease or license shall have a direct relationship to the period
    29  required to amortize the investment. Any such lease or license shall  be
    30  entered  into  only after a finding by the commissioner that such action
    31  is compatible with public enjoyment and participation in  adjacent  park
    32  facilities,  and in the case of structures listed on or eligible for the
    33  state register of historic places,  that  such  lease  or  license  will
    34  encourage  investment by the private sector in restoring, preserving and
    35  maintaining such properties. In addition, such lease  or  license  shall
    36  contain terms and conditions as the commissioner shall deem necessary to
    37  address  environmental concerns, including any historic and recreational
    38  resources of such property; the compatible uses of adjacent  park  lands
    39  and  facilities;  and  otherwise to protect the public interest. The bid
    40  prospectus submitted  to  prospective  bidders  shall  contain  specific
    41  information  concerning the nature of the capital improvements or equip-
    42  ment to be provided by the successful bidder. Revenues from the lease or
    43  license of property pursuant to this section shall be deposited into the
    44  state park infrastructure fund established pursuant to  section  ninety-
    45  seven-mm of the state finance law.
    46    §  2.  No  lease  entered  into by the office of parks, recreation and
    47  historic preservation for the  construction  and  operation  of  a  full
    48  service  marina  and associated concessions at Sampson state park and at
    49  Seneca Lake state park shall result in the displacement of any currently
    50  employed worker or the loss of position, including the partial displace-
    51  ment such as reduction in the hours of non-overtime, wages,  or  employ-
    52  ment  benefits,  or  result  in  the  impairment  of existing collective
    53  bargaining agreements.
    54    § 3. This act shall take effect immediately.
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