NY State Senate Bill 2015-S4868

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to cultural affairs, tourism, parks and recreation
Apr 22, 2015	referred to cultural affairs, tourism, parks and recreation

2015-S4868 (ACTIVE) - Details

See Assembly Version of this Bill:: A6623
Current Committee:: Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Amd §3.09, Pks & Rec L

2015-S4868 (ACTIVE) - Summary

Relates to the resident curator program.

2015-S4868 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4868

TITLE OF BILL:  An act to amend the parks, recreation and historic
preservation law, in relation to the resident curator program

Purpose of the Bill:

AN ACT to amend the parks, recreation and historic preservation law,
in relation to the resident curator program This bill would add three
properties to the Resident Curator Program thereby authorizing the
Commissioner of Parks, Recreation and Historic Preservation to enter
into a residential lease with an individual for a term not to exceed
forty years.

Summary of Provisions:

Section 1 of the bill would amend Parks, Recreation and Historic
Preservation Law (PRHPL) § 3.09(2-h) to add three properties (LI 72
police boarding house in Caleb Smith State Park Preserve, Gericke farm
house in Clay Pit Ponds State Park Preserve and the Hayes House at
Mills Norrie State Park) to the list of properties that the
Commissioner may lease to a resident curator for a term not to exceed
forty years.

Section 2 of the bill provides the effective date.

Existing Law:

PRHPL § 3.09(2-h) establishes the Resident Curator Program. The
Resident Curator Program is intended to attract private investment in
State parks by authorizing the Commissioner to enter into residential
leases with private individuals who will rehabilitate vacant buildings
at their own expense in exchange for a long term lease to reside in
the building.

Prior Legislative History:

The Resident Curator Program was established by Chapter 295 of the
Laws of 2014. This is a new bill.

Statement in Support:

The Office of Parks, Recreation and Historic Preservation (OPRHP has
identified three additional buildings which would be appropriate for
the Resident Curator Program. The three buildings selected are
residential buildings that do not serve a park purpose and which are
currently not in use. In exchange for the rehabilitation of the
property by the resident curator, OPRHP would lease the property to
the curator for a term not to exceed forty years. The term of the
lease would be based on the amount of the capital investment needed to
rehabilitate the property for occupancy. Ownership of the
rehabilitated residential structure would remain with OPRHP which
would receive the benefit of rehabilitated structures at the end of
the lease term at no cost to OPRHP.

Budget Implications:


This bill would have no impact on the State budget. Currently these
structures are vacant and are subject to continued deterioration.
Because these properties serve no park purpose, OPHRP will not expend
any of its capital funding to maintain or stabilize these structures
Without private investment through this program, the likely course of
action would require demolition. The cost of demolition for these
three buildings, including necessary environmental abatement, is
estimated at $650,000.

Local Impact:

None.

Effective Date:

This bill would take effect immediately.

2015-S4868 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4868

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 22, 2015
                               ___________

Introduced  by Sen. LITTLE -- (at request of the Office of Parks, Recre-
  ation and Historic Preservation) -- read twice  and  ordered  printed,
  and when printed to be committed to the Committee on Cultural Affairs,
  Tourism, Parks and Recreation

AN  ACT to amend the parks, recreation and historic preservation law, in
  relation to the resident curator program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  2-h of section 3.09 of the parks, recreation
and historic preservation law as added by chapter 295  of  the  laws  of
2014 is amended to read as follows:
  2-h. Be empowered, in addition to any other provision of law authoriz-
ing the leasing of certain property under its jurisdiction, to establish
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 may
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09614-02-5

S. 4868                             2

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 SEVENTH PARK REGION THE HAYES HOUSE AT MILLS-NORRIE STATE  PARK;  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, THE BUILDING IDENTIFIED AS LI 72 POLICE BOARDING  HOUSE  AT  CALEB
SMITH STATE PARK PRESERVE, and the building identified as LI 40 house at
Hither Hills State Park; AND IN THE TWELFTH PARK REGION THE GERICKE FARM
HOUSE  AT  CLAY  PIT  PONDS  STATE PARK PRESERVE. The Commissioner shall
adopt rules and regulations for  the  resident  curator  program,  which
shall include, but not be limited to, criteria for selecting responsible
resident curators, criteria for establishing 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 determin-
ing 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.

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Senate Bill S4868

Sponsored By

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

2015-S4868 (ACTIVE) - Details

2015-S4868 (ACTIVE) - Summary

2015-S4868 (ACTIVE) - Sponsor Memo

2015-S4868 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4868

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Sponsored By

Betty Little

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

2015-S4868 (ACTIVE) - Details

2015-S4868 (ACTIVE) - Summary

2015-S4868 (ACTIVE) - Sponsor Memo

2015-S4868 (ACTIVE) - Bill Text download pdf

Comments