Authorizes the office of parks, recreation and historic preservation to establish a resident curator program for the rehabilitation of state park buildings.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4285
SPONSOR: O'Donnell TITLE OF BILL:
An act to amend the parks, recreation and historic preservation law, in
relation to requiring the state commissioner of parks, recreation and
historic preservation to consult with the state board for historic pres-
ervation 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, and to adopt a plan identifying
at risk structures within state parks and historic sites
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 address-
ing 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 oper-
ate 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:
2022: A10669
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 manage-
ment, and the agency has identified a backlog of pressing capital reha-
bilitation needs exceeding $550 million. Given the State's current
fiscal challenges, the agency's capital budget will not be sufficient in
the coming 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 jurisdic-
tional transfer, realty exchange, or state surplus sale. This legis-
lation creates an innovative mechanism for attracting private invest-
ments to rehabilitate and utilize residential structures that do nothave
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 organiza-
tions who will rehabilitate vacant residential buildings at their own
expense using private funds. In exchange, individuals and not-for-pro-
fits will receive a long-term lease (up to 40 years or a life estate),
subject to all otherwise applicable state laws, regulations or require-
ments applicable to the agency's leasing of real property, to reside in
the building that they rehabilitated. Ownership of rehabilitated resi-
dential 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 Mary-
land Department of Natural Resources has administered more than fifty
curatorships, representing an estimated $8 million investment by cura-
tors, "which stands as a model for other states with properties similar-
ly situated.
BUDGET IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
4285
2023-2024 Regular Sessions
IN ASSEMBLY
February 14, 2023
___________
Introduced by M. of A. O'DONNELL -- 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 requiring the state commissioner of parks, recreation and
historic preservation to consult with the state board for historic
preservation 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, and to adopt a plan identi-
fying at risk structures within state parks and historic sites
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2-h of section 3.09 of the parks, recreation
2 and historic preservation law, as amended by chapter 382 of the laws of
3 2016, is amended to read as follows:
4 2-h. Be empowered, in addition to any other provision of law authoriz-
5 ing the leasing of certain property under its jurisdiction, to establish
6 a resident curator program to encourage investment, restoration and
7 occupancy of [buildings which serve no park-related purpose and which,
8 if remain unoccupied, are at risk of progressive deterioration,] at-risk
9 structures by authorizing the leasing of such at-risk [buildings] struc-
10 tures on a competitive basis pursuant to the issuance of a request for
11 proposal announced publicly including on the office website, for resi-
12 dential use only, as a single family dwelling, to individuals to be
13 known as "resident curators" for terms of up to forty years in exchange
14 for the resident curator assuming liability and financial obligation
15 associated with the rehabilitation, maintenance and use of such build-
16 ings and any other property, real or personal, included in the lease.
17 For the purposes of this subdivision, the term "at-risk structure" shall
18 mean a house, building or other roofed structure under the jurisdiction
19 of the office that is or has become functionally isolated from the
20 direct public service mission of the office such that such structure is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02781-01-3
A. 4285 2
1 vacant and at risk of undergoing progressive deterioration and/or func-
2 tional abandonment because of fiscal or other circumstantial difficul-
3 ties. The length of the term of [such] leases executed pursuant to this
4 subdivision shall relate to the [financial] investment to be made by the
5 resident curator which will be required to rehabilitate and maintain the
6 [building] at-risk structure for residential occupancy. The amount of
7 rent to be charged, which may be nominal, shall be based on an assess-
8 ment of fair market value taking into account the projected cost of
9 rehabilitating the [building] at-risk structure invested by the resident
10 curator. Any lease executed pursuant to this section shall: require the
11 resident curator to comply with all laws, rules and regulations and
12 maintain appropriate insurance coverage associated with the rehabili-
13 tation, maintenance and use of the leased premises; prohibit the resi-
14 dent curator from using the leased premises except in accordance with
15 criteria to be determined [by the commissioner] per established rule;
16 prohibit the resident curator from using the leased premises as security
17 for any debt, or from assigning or subletting the premises except as
18 authorized by the commissioner[; and require the commissioner to deter-
19 mine in his or her sole discretion when the restoration is complete].
20 Upon termination of any lease executed pursuant to this section, full
21 use and enjoyment of the property reverts automatically to the state. No
22 lease entered into in the resident curator program shall result in the
23 displacement of any currently employed worker or loss of position,
24 including the partial displacement such as reduction in the hours of
25 non-overtime labor, wages or employee benefits, the diminishment of
26 benefits, or seniority rights provided to such employee in the civil
27 service law, or result in the impairment of existing collective bargain-
28 ing agreements. [The commissioner is authorized to lease for the purpose
29 of residential occupancy in the ninth park region, the building identi-
30 fied as LI 73 Lab residence at Cold Spring Harbor state park, the
31 Hollins House at Heckscher State Park, the building identified as LI 40
32 house at Hither Hills State Park; and in the eleventh park region, the
33 Susan B. Anthony House.] The Commissioner shall consult with the state
34 board for historic preservation, established pursuant to section 11.03
35 of this title, prior to entering into a resident curator lease for any
36 at risk structure, including those eligible for listing on the state and
37 national registers of historic places. The commissioner shall adopt a
38 plan identifying at risk structures within state parks and historic
39 sites, and shall adopt rules and regulations for the resident curator
40 program, which shall include, but not be limited to, criteria for
41 selecting responsible resident curators, criteria for establishing
42 length of terms for leases, criteria for determining the amount of rent
43 to be charged to resident curators which may be nominal factoring in the
44 capital investment required to rehabilitate and maintain the leased
45 premises and determining appropriate uses and restrictions on use of
46 leased premises in the resident curator program, including whether and
47 under what circumstances public access is appropriate to property in the
48 resident curator program. This plan, as well as the rules and regu-
49 lations, shall be presented to and approved by the state board for
50 historic preservation prior to their adoption.
51 § 2. This act shall take effect immediately.
