S T A T E   O F   N E W   Y O R K
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                                  6623

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 27, 2015
                               ___________

Introduced  by  M.  of  A. MARKEY -- (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 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
regulations  and maintain appropriate insurance coverage associated with

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

A. 6623                             2

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.