STATE OF NEW YORK ________________________________________________________________________ 722 2023-2024 Regular Sessions IN SENATE January 6, 2023 ___________ Introduced by Sens. SERRANO, MANNION -- 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 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02781-01-3
S. 722 2 1 direct public service mission of the office such that such structure is 2 vacant and at risk of undergoing progressive deterioration and/or func- 3 tional abandonment because of fiscal or other circumstantial difficul- 4 ties. The length of the term of [such] leases executed pursuant to this 5 subdivision shall relate to the [financial] investment to be made by the 6 resident curator which will be required to rehabilitate and maintain the 7 [building] at-risk structure for residential occupancy. The amount of 8 rent to be charged, which may be nominal, shall be based on an assess- 9 ment of fair market value taking into account the projected cost of 10 rehabilitating the [building] at-risk structure invested by the resident 11 curator. Any lease executed pursuant to this section shall: require the 12 resident curator to comply with all laws, rules and regulations and 13 maintain appropriate insurance coverage associated with the rehabili- 14 tation, maintenance and use of the leased premises; prohibit the resi- 15 dent curator from using the leased premises except in accordance with 16 criteria to be determined [by the commissioner] per established rule; 17 prohibit the resident curator from using the leased premises as security 18 for any debt, or from assigning or subletting the premises except as 19 authorized by the commissioner[; and require the commissioner to deter- 20 mine in his or her sole discretion when the restoration is complete]. 21 Upon termination of any lease executed pursuant to this section, full 22 use and enjoyment of the property reverts automatically to the state. No 23 lease entered into in the resident curator program shall result in the 24 displacement of any currently employed worker or loss of position, 25 including the partial displacement such as reduction in the hours of 26 non-overtime labor, wages or employee benefits, the diminishment of 27 benefits, or seniority rights provided to such employee in the civil 28 service law, or result in the impairment of existing collective bargain- 29 ing agreements. [The commissioner is authorized to lease for the purpose 30 of residential occupancy in the ninth park region, the building identi- 31 fied as LI 73 Lab residence at Cold Spring Harbor state park, the 32 Hollins House at Heckscher State Park, the building identified as LI 40 33 house at Hither Hills State Park; and in the eleventh park region, the 34 Susan B. Anthony House.] The Commissioner shall consult with the state 35 board for historic preservation, established pursuant to section 11.03 36 of this title, prior to entering into a resident curator lease for any 37 at risk structure, including those eligible for listing on the state and 38 national registers of historic places. The commissioner shall adopt a 39 plan identifying at risk structures within state parks and historic 40 sites, and shall adopt rules and regulations for the resident curator 41 program, which shall include, but not be limited to, criteria for 42 selecting responsible resident curators, criteria for establishing 43 length of terms for leases, criteria for determining the amount of rent 44 to be charged to resident curators which may be nominal factoring in the 45 capital investment required to rehabilitate and maintain the leased 46 premises and determining appropriate uses and restrictions on use of 47 leased premises in the resident curator program, including whether and 48 under what circumstances public access is appropriate to property in the 49 resident curator program. This plan, as well as the rules and regu- 50 lations, shall be presented to and approved by the state board for 51 historic preservation prior to their adoption. 52 § 2. This act shall take effect immediately.