Establishes a resident curator program for the rehabilitation of state park buildings.
Ayes (57): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (4): Espaillat, Hassell-Thomps, Kennedy, Smith
TITLE OF BILL: An act to amend the parks, recreation and historic preservation law, in relation to establishing a resident curator program for the rehabilitation of state park buildings
PURPOSE OF THE BILL: This bill would amend Parks, Recreation and Historic Preservation Law (PRHPL) § 3.09 to authorize the Office of Parks, Recreation and Historic Preservation (OPRHP) to establish a Resident Curator Program with respect to leasing three vacant and obsolete buildings located at Long Island-based parks.
SUMMARY OF PROVISIONS:
Section 1 of the bill would add a new subdivision 2-h to PRHPL § 3.09 to establish the Resident Curator Program with respect to residential-style buildings located in three Long Island-based parks: Cold Spring Harbor State Park; Heckscher State Park; and Hither Hills State Park.
Section 2 of the bill provides that the bill would be effective immediately.
EXISTING LAW: Various subdivisions of PRHPL § 3.09 authorize OPRHP to enter into leases or licenses with private and governmental entities to improve and operate State park and historic facilities.
PRIOR LEGISLATIVE HISTORY: A bill proposing a similar program was first introduced in 2010 (A.11219- A/S.7986-A) and in 2011 (A.5710/S.2749).
STATEMENT IN SUPPORT: OPRHP has an inventory of residential buildings situated within park and historic site boundaries that are not currently used for a number of reasons, including that they (i) have deteriorated to the point that significant capital investments would be required before they could be used, or (ii) do not serve a park purpose. Due to their location within state parks or historic sites, however, buildings that meet either of these conditions are not appropriate for disposition through the usual methods available to State agencies. This bill would create an innovative mechanism for attracting private investments to rehabilitate obsolete and deteriorated residential structures that do not otherwise have a park or historic-related purpose, allowing OPRHP to focus its very limited capital funds on other priorities.
The Resident Curator Program that would be established under the bill is similar to programs established in other states including Maryland and Massachusetts. The bill would authorize OPRHP to enter into leases through the State's normal competitive bidding process with private individuals, who would then rehabilitate vacant residential buildings at their own expense using private funds. In exchange, these individuals would receive a long-term lease (up to 40 years), subject to all applicable State laws, regulations and requirements. Ownership of rehabilitated residential structures would remain with OPRHP, and the agency would receive the benefit of rehabilitated structures at the end of the lease term. OPRHP has selected three properties located on Long Island to launch the Resident Curator Program: (i) the LI 73
lab residence at Cold Spring Harbor State Park; (ii) the Hollins House at Heckscher State Park; and (iii) the building identified as LI 40 house at Hither Hills State Park. All three properties have been vacant for many years and need major renovation to be occupied. They are located in areas convenient for Resident Curators and compatible with park and recreational uses.
BUDGET IMPLICATIONS: None.
LOCAL IMPACT: None.
EFFECTIVE DATE: Effective immediately upon enactment.
STATE OF NEW YORK ________________________________________________________________________ 4757--A Cal. No. 479 2013-2014 Regular Sessions IN SENATE April 22, 2013 ___________Introduced by Sen. ZELDIN -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation -- recommitted to the Committee on Cultural Affairs, Tourism, Parks and Recreation 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 establishing a resident curator program for the rehabili- tation of state park buildings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3.09 of the parks, recreation and historic preser- vation law is amended by adding a new subdivision 2-h to read as follows: 2-H. BE EMPOWERED, IN ADDITION TO ANY OTHER PROVISION OF LAW AUTHOR- IZING THE LEASING OF CERTAIN PROPERTY UNDER ITS JURISDICTION, TO ESTAB- LISH A RESIDENT CURATOR PROGRAM TO ENCOURAGE INVESTMENT, RESTORATION AND OCCUPANCY OF BUILDINGS WHICH SERVE NO PARK-RELATED PURPOSE AND WHICH, IF REMAIN UNOCCUPIED, ARE AT RISK OF PROGRESSIVE DETERIORATION, BY AUTHOR- IZING THE LEASING OF SUCH AT-RISK BUILDINGS ON A COMPETITIVE BASIS PURSUANT TO THE ISSUANCE OF A REQUEST FOR PROPOSAL ANNOUNCED PUBLICLY INCLUDING ON THE OFFICE WEBSITE, FOR RESIDENTIAL USE ONLY, AS A SINGLE FAMILY DWELLING, TO INDIVIDUALS TO BE KNOWN AS "RESIDENT CURATORS" FOR TERMS OF UP TO FORTY YEARS IN EXCHANGE FOR THE RESIDENT CURATOR ASSUMING LIABILITY AND FINANCIAL OBLIGATION ASSOCIATED WITH THE REHABILITATION, MAINTENANCE AND USE OF SUCH BUILDINGS AND ANY OTHER PROPERTY, REAL OR PERSONAL, INCLUDED IN THE LEASE. THE LENGTH OF THE TERM OF SUCH LEASES SHALL RELATE TO THE FINANCIAL INVESTMENT TO BE MADE BY THE RESIDENT CURATOR WHICH WILL BE REQUIRED TO REHABILITATE AND MAINTAIN THE BUILDING FOR RESIDENTIAL OCCUPANCY. THE AMOUNT OF RENT TO BE CHARGED, WHICH MAYEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08960-05-4 S. 4757--A 2
BE NOMINAL, SHALL BE BASED ON AN ASSESSMENT OF FAIR MARKET VALUE TAKING INTO ACCOUNT THE PROJECTED COST OF REHABILITATING THE BUILDING INVESTED BY THE RESIDENT CURATOR. ANY LEASE EXECUTED PURSUANT TO THIS SECTION SHALL: REQUIRE THE RESIDENT CURATOR TO COMPLY WITH ALL LAWS, RULES AND REGULATIONS AND MAINTAIN APPROPRIATE INSURANCE COVERAGE ASSOCIATED WITH THE REHABILITATION, MAINTENANCE AND USE OF THE LEASED PREMISES; PROHIBIT THE RESIDENT CURATOR FROM USING THE LEASED PREMISES EXCEPT IN ACCORDANCE WITH CRITERIA TO BE DETERMINED BY THE COMMISSIONER; PROHIBIT THE RESI- DENT CURATOR FROM USING THE LEASED PREMISES AS SECURITY FOR ANY DEBT, OR FROM ASSIGNING OR SUBLETTING THE PREMISES EXCEPT AS AUTHORIZED BY THE COMMISSIONER; AND REQUIRE THE COMMISSIONER TO DETERMINE IN HIS OR HER SOLE DISCRETION WHEN THE RESTORATION IS COMPLETE. UPON TERMINATION OF ANY LEASE EXECUTED PURSUANT TO THIS SECTION, FULL USE AND ENJOYMENT OF THE PROPERTY REVERTS AUTOMATICALLY TO THE STATE. NO LEASE ENTERED INTO IN THE RESIDENT CURATOR PROGRAM SHALL RESULT IN THE DISPLACEMENT OF ANY CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION, INCLUDING THE PARTIAL DISPLACEMENT SUCH AS REDUCTION IN THE HOURS OF NON-OVERTIME LABOR, WAGES OR EMPLOYEE BENEFITS, THE DIMINISHMENT OF BENEFITS, OR SENIORITY RIGHTS PROVIDED TO SUCH EMPLOYEE IN THE CIVIL SERVICE LAW, OR RESULT IN THE IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING AGREEMENTS. THE COMMISSION- ER IS AUTHORIZED TO LEASE FOR THE PURPOSE OF RESIDENTIAL OCCUPANCY IN THE NINTH PARK REGION, THE BUILDING IDENTIFIED AS LI 73 LAB RESIDENCE AT COLD SPRING HARBOR STATE PARK, THE HOLLINS HOUSE AT HECKSCHER STATE PARK, AND THE BUILDING IDENTIFIED AS LI 40 HOUSE AT HITHER HILLS STATE PARK. THE COMMISSIONER SHALL ADOPT RULES AND REGULATIONS FOR THE RESI- DENT CURATOR PROGRAM, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, CRITE- RIA FOR SELECTING RESPONSIBLE RESIDENT CURATORS, CRITERIA FOR ESTABLISH- ING LENGTH OF TERMS FOR LEASES, CRITERIA FOR DETERMINING THE AMOUNT OF RENT TO BE CHARGED TO RESIDENT CURATORS WHICH MAY BE NOMINAL FACTORING IN THE CAPITAL INVESTMENT REQUIRED TO REHABILITATE AND MAINTAIN THE LEASED PREMISES AND DETERMINING APPROPRIATE USES AND RESTRICTIONS ON USE OF LEASED PREMISES IN THE RESIDENT CURATOR PROGRAM, INCLUDING WHETHER AND UNDER WHAT CIRCUMSTANCES PUBLIC ACCESS IS APPROPRIATE TO PROPERTY IN THE RESIDENT CURATOR PROGRAM. S 2. This act shall take effect immediately.