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STATE OF NEW YORK
________________________________________________________________________

10546

IN ASSEMBLY

June 5, 2012
___________

Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Markey,
  Corwin) -- (at request of the Office of Parks, Recreation and Historic
  Preservation) -- read once and referred to the Committee  on  Tourism,
  Parks, Arts and Sports Development

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:

  Section  1.  Subdivision  2-d of section 3.09 of the parks, recreation
and historic preservation law, as amended by chapter 302 of the laws  of
2011, is amended to read as follows:
  2-d. Be empowered, in addition to any other provision of law authoriz-
ing  the  leasing  or  licensing  of property under its jurisdiction, to
encourage investment by the private sector for the provision  of  equip-
ment  and  capital improvements at historic sites, state park and recre-
ation facilities by entering into lease or  license  agreements  for  an
extended  term  not to exceed forty years at the following: in the first
park region, for services provided at the  observation  tower,  and  for
buildings  and structures commonly known as the Cave of the Winds build-
ing, the Top of the Falls Restaurant, the administration  building,  the
visitor center, the Goat Island center, the snack bar at the Cave of the
Winds, the current police building, the original Prospect Point elevator
building,  the  lower  landing  snack  bar  and  the Schoellkopf Museum,
including improvements to structures and facilities appurtenant  thereto
at  Niagara  Reservation  State Park, the site of the former casino, the
former commission house and the eighty-slip boat marina within the boun-
daries of Beaver Island state park and the structures known as the  navy
barracks,  the  post  theater,  the  officers' club and the commandant's
house within Fort Niagara state park, [and the] buildings and structures
at Deveaux Woods state park, AND BUILDINGS AND  FACILITIES  WITHIN  KNOX
FARM  STATE  PARK;  in  the  second  park  region, the building known as
Minturn Mansion within Long Point on Lake Chautauqua state park; in  the
third  park  region,  for buildings and structures commonly known as the
Glen Iris Inn, the Pioneer Museum,  the  Pinewood  Lodge,  the  Prospect

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14247-06-2
A. 10546                            2

house, the Lauterbrunnen house, the Lower Falls restaurant building, the
pool  concession stands, the North Entrance visitor center, the adminis-
tration building, the Commission house and the Stone building, including
improvements  to structures and facilities appurtenant thereto at Letch-
worth State park; in the fourth park region, the structures known as the
caretaker's house and garage within the Buttermilk Falls state park;  in
the  seventh  park  region, the structure known as the brick cottage and
associated outbuildings at John Jay Homestead state historic  site,  the
structure  known as the Hoyt House and the barns at Ogden Mills and Ruth
Livingston Mills state park, the outbuildings at  Olana  state  historic
site and the building commonly known as the Staatsburg School in Margar-
et Lewis Norrie state park; in the eighth park region, for buildings and
structures  commonly  known  as  the Bear Mountain Inn, the A. K. Morgan
Overlook Lodge, the Cliff house, the Hilltop lodge,  the  Summit  lodge,
the  Echo  lodge,  the  Beaver  lodge  and  the  Spring lodge, including
improvements to structures and facilities appurtenant  thereto  at  Bear
Mountain  State Park; in the ninth park region, the Boardwalk Restaurant
at Jones Beach state park and the buildings and  structures  at  Nisseq-
uogue state park; in the eleventh park region, the structure known as La
Tour  house, the former bottling plant and dormitory for adaptive reuse,
and property for the development of a golf course and related facilities
within Saratoga Spa state park.  Any such lease or license  may  provide
for  reasonable  rights  of access, utilities and parking located within
the boundaries of the respective park or historic  site.  Such  extended
term  shall be for the purpose of assuring a lessee or licensee adequate
protection  against  loss  of  investments  in  developing,  renovating,
improving,  furnishing  and equipping such properties, and the length of
the term of any such lease or license shall have a  direct  relationship
to  the  period  required  to amortize the investment. Any such lease or
license shall be entered into only after a finding by  the  commissioner
that  such  action is compatible with public enjoyment and participation
in adjacent park facilities, and in the case of structures listed on  or
eligible  for  the state register of historic places, that such lease or
license will encourage investment by the private  sector  in  restoring,
preserving  and  maintaining such properties. In addition, such lease or
license shall contain terms and conditions  as  the  commissioner  shall
deem necessary to address environmental concerns, including any historic
and  recreational  resources  of  such  property; the compatible uses of
adjacent park lands and facilities; and otherwise to protect the  public
interest.  The  bid  prospectus  submitted  to prospective bidders shall
contain specific  information  concerning  the  nature  of  the  capital
improvements  or  equipment  to  be  provided  by the successful bidder.
Revenues from the lease or license of property pursuant to this  section
shall  be  deposited into the state park infrastructure fund established
pursuant to section ninety-seven-mm of the state finance law.
  S 2. This act shall take effect immediately.