Authorizes the office of parks, recreation and historic preservation to establish a resident curator program for the rehabilitation of state park buildings.

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S918-2013 Actions

• Feb 1, 2013: COMMITTEE DISCHARGED AND COMMITTED TO INFRASTRUCTURE AND CAPITAL INVESTMENT
• Jan 9, 2013: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

S918-2013 Memo

BILL NUMBER:S918

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:
To authorize the Office of Parks, Recreation and Historic Preservation
(OPRHP) to lease vacant and at risk structures in State Parks and
State Historic Sites to private persons to encourage investment of
private resources to rehabilitate and maintain such structures,
thereby addressing the deterioration of residential buildings for
which the agency has no public use and lacks state funding or staff
resources to maintain.

SUMMARY OF PROVISIONS:
The bill establishes a Resident Curator Program, amending section 3.09
Of the Parks, Recreation and Historic Preservation Law by adding a
new subdivision 2-h.

EXISTING LAW:
Various subdivisions of section 3.09 of the Parks, Recreation and
Historic Preservation Law authorize OPRHP to enter into contracts
with private, not-for-profit, and governmental entities to improve
and operate State Park and Historic Site facilities under terms and
conditions which protect park resources, provide public accessibility
and provide for the overall public interest.

Subdivision 2 of Section 3.09 of the Parks, Recreation and Historic
Preservation Law authorizes OPRHP to operate state park facilities
directly or by contract, lease or license.

Subdivision 2-a of section 3.09 of the Parks, Recreation and Historic
Preservation Law authorizes concession license agreements for
twenty-year terms provided that any agreement for a term in excess of
ten years must be approved by the Director of the Budget and must
provide for a total capital investment of no less than $1 million
over the contract term.

LEGISLATIVE HISTORY:
2009/2010: Senate amended and recommitted to Finance.
Assembly amended and recommitted to ways and means.
2011/2012: S.2749

STATEMENT IN SUPPORT:
The State Parks system and the infrastructure that supports the system
are aging and deteriorating. OPRHP has jurisdiction over more than
5000 structures within the 325,000 acres of land under the agency's
management, and the agency has identified a backlog of pressing
capital rehabilitation
needs exceeding $650 million. Given the State's current
fiscal challenges, the agency's capital budget will not be sufficient
in the corning years to address the full backlog of facility
rehabilitation needs.


OPRHP has an inventory of historic residential buildings situated
within park and historic site boundaries that are not currently in
use because either: a) they have deteriorated to the point that
significant capital investments would be required before they could
be used; and/or b) they do not serve a park purpose. Due to their
location within State Parks or Historic sites, these buildings are
not appropriate for disposition through the usual methods available
to state agencies, such as jurisdictional transfer, realty exchange,
or state surplus sale. This legislation creates an innovative
mechanism for attracting private investments to rehabilitate and
utilize residential structures that do not have a ready public park
or historic site use, allowing OPRHP to focus its limited capital
funds on higher priority needs.

The Resident Curator Program established by this bill will authorize
OPRHP to enter into leases, through the state's normal competitive
bidding process, with private individuals or not-for-profit
organizations who will rehabilitate vacant residential buildings at
their own expense using private funds. In exchange, individuals and
not-for-profits will receive a long-term lease (up to 40 years or a
life estate), subject to all otherwise applicable state laws,
regulations or requirements applicable to the agency's leasing of
real property, to reside in the building that they rehabilitated.
Ownership of rehabilitated residential structures will remain with
OPRHP and the agency will receive the benefit of rehabilitated
structures at the end of the lease term.
The State will obtain a no or low cost way to bring back into use
these publicly owned assets.

Other states have instituted a Resident Curator Program which has met
with success in rehabilitating similar buildings. For example, the
Maryland Department of Natural Resources has administered more than
fifty curatorships, representing an estimated $8 million investment
by curators, which stands as a model for other states with properties
similarly situated.

BUDGET IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S918-2013 Text

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

                                     918

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen. SERRANO -- 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 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 AUTHORIZ-
  ING THE LEASING OF PROPERTY UNDER ITS JURISDICTION, TO ESTABLISH A RESI-
  DENT  CURATOR  PROGRAM. THE TERM "RESIDENT CURATOR" SHALL MEAN A PRIVATE
  INDIVIDUAL OR INDIVIDUALS, OR NOT-FOR-PROFIT CORPORATION SELECTED BY THE
  COMMISSIONER, WHO OR WHICH MEETS ESTABLISHED CRITERIA OF THE  OFFICE  TO
  INVEST  PRIVATE  OR  OTHER  NON-STATE BUDGETED FUNDS TO REHABILITATE AND
  MAINTAIN AN AT RISK STRUCTURE UNDER THE OFFICE'S JURISDICTION.  FOR  THE
  PURPOSES  OF THIS SUBDIVISION, THE TERM "AT RISK STRUCTURE" SHALL MEAN A
  HOUSE, BUILDING OR OTHER ROOFED STRUCTURE UNDER THE JURISDICTION OF  THE
  OFFICE  THAT  IS  OR  HAS  BECOME  FUNCTIONALLY ISOLATED FROM THE DIRECT
  PUBLIC SERVICE MISSION OF THE OFFICE SUCH THAT SUCH STRUCTURE IS  VACANT
  AND  AT  RISK  OF UNDERGOING PROGRESSIVE DETERIORATION AND/OR FUNCTIONAL
  ABANDONMENT BECAUSE OF FISCAL OR OTHER CIRCUMSTANTIAL DIFFICULTIES.
    THE COMMISSIONER SHALL BE AUTHORIZED TO LEASE SUCH AT  RISK  STRUCTURE
  TO A RESIDENT CURATOR FOR THE LIFE OF THE RESIDENT CURATOR OR FOR A TERM
  OF  UP  TO FORTY YEARS IN EXCHANGE FOR THE RESIDENT CURATOR ASSUMING THE
  FINANCIAL RESPONSIBILITY FOR THE REHABILITATION AND MAINTENANCE OF  SUCH
  AT RISK STRUCTURE, AND TO PROVIDE REASONABLE RIGHTS OF ACCESS, UTILITIES
  AND  PARKING FOR THE PURPOSE OF RESIDENTIAL OCCUPANCY OR OTHER USES THAT

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00525-01-3

 S. 918                              2

  ARE DEEMED BY THE COMMISSIONER TO BE APPROPRIATE  TO  TAKE  PLACE  AT  A
  STATE  PARK  OR  HISTORIC  SITE. THE COMMISSIONER SHALL CONSULT WITH THE
  STATE BOARD FOR HISTORIC PRESERVATION, ESTABLISHED PURSUANT  TO  SECTION
  11.03 OF THIS TITLE, PRIOR TO ENTERING INTO A RESIDENT CURATOR LEASE FOR
  ANY AT RISK STRUCTURE, INCLUDING THOSE ELIGIBLE FOR LISTING ON THE STATE
  AND NATIONAL REGISTERS OF HISTORIC PLACES.  THE COMMISSIONER SHALL ADOPT
  A  PLAN  IDENTIFYING  AT RISK STRUCTURES IN THE STATE PARKS AND HISTORIC
  SITES, AND SHALL ADOPT RULES AND REGULATIONS TO PROMULGATE THE  RESIDENT
  CURATOR  PROGRAM,  WHICH  SHALL INCLUDE, BUT NOT BE LIMITED TO, CRITERIA
  FOR IDENTIFYING AT RISK STRUCTURES APPROPRIATE FOR THE PROGRAM  AND  THE
  CRITERIA USED TO SELECT RESPONSIBLE RESIDENT CURATORS.
    S 2. This act shall take effect immediately.