NY Pks, Rec & Hist Pres L § 3.09 (2021)
2021 New York Laws PAR - Parks, recreation and historic preservation Title B - Organization and General Powers, Functions and Duties of Office of Parks, Recreation and Historic Preservation Article 3 - Office of Parks, Recreation and Historic Preservation; Commissioner 3.09 - General Functions, Powers and Duties.

§ 3.09 General functions, powers and duties. The office by and through   the commissioner, shall:1. Acquire and establish historic sites and objects and, except within   the  sixth  park  region,  state  parks, parkways and state recreational   facilities.2. Operate and maintain, either directly, or  by  contract,  lease  or   license,   such   historic   sites  and  objects,  parks,  parkways  and   recreational facilities.2-a. Be empowered to encourage investment by the  private  sector  for   the  provision  of  equipment  and  capital  improvements for concession   facilities operated at historic sites and, except within the sixth  park   region, state park and recreation facilities by entering into concession   license  agreements  for  extended periods not to exceed twenty years in   total; provided that any such agreement for a period 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 one million dollars  over   the  contract  term.  Such  extended  term  shall  be for the purpose of   assuring  a  concessionaire  of  adequate  protection  against  loss  of   investment  in  structures,  fixtures,  equipment,  supplies  and  other   improvements,  and  the  length  of  such  term  shall  have  a   direct   relationship  to the period required to amortize the investment. The bid   prospectus submitted  to  prospective  bidders  shall  contain  specific   information  concerning  the  nature  of  the  capital  improvements  or   equipment to be provided by the successful bidder.2-b.  Be  empowered,  in  addition  to  any  other  provision  of  law   authorizing the leasing of property under its jurisdiction, to lease the   Gideon  Putnam  hotel, Lincoln, Washington, Roosevelt I and Roosevelt II   bathhouses and provide for reasonable rights of  access,  utilities  and   parking  located  within  the boundaries of the Saratoga Spa state park,   for reasonable consideration and for a term not to exceed  forty  years.   Such  extended  term  shall  be  for the purpose of assuring a lessee of   adequate protection against loss of investments in structures, fixtures,   equipment, supplies and other improvements, and the length of such  term   shall  have a direct relationship to the period required to amortize the   investment. Any such lease shall be entered into only after a finding by   the commissioner that such  action  will  encourage  investment  by  the   private  sector  in  maintaining  and  preserving buildings listed on or   eligible for the state register of historic places, established pursuant   to section  14.07  of  this  chapter,  and  is  compatible  with  public   enjoyment  and  participation  in adjacent park facilities. In addition,   such lease shall contain terms and conditions as the commissioner  shall   deem  necessary  to  assure preservation and maintenance of the historic   quality of any such property, the compatible  uses  with  adjacent  park   lands and facilities, and otherwise to protect the public interest.* 2-c.  Be  empowered,  in  addition  to  any  other  provision of law   authorizing the leasing of property under  its  jurisdiction,  to  lease   Hyde  hall  historic  site  and provide for reasonable rights of access,   utilities and parking located within the boundaries of the  Glimmerglass   state  park  for  a  term not to exceed thirty years. Such extended term   shall be for assuring a lessee of adequate protection  against  loss  of   investments in renovations performed on the Hyde hall historic site. Any   such   lease  shall  be  entered  into  only  after  a  finding  by  the   commissioner that such action will encourage investment by  the  private   sector  in maintaining, preserving and restoring buildings listed on the   state register of historic places, established pursuant to section 14.07   of  this  chapter,  and  is  compatible  with   public   enjoyment   and   participation in adjacent park facilities. In addition, such lease shall   contain terms and conditions as the commissioner shall deem necessary to    assure  preservation and maintenance of the historic quality of any such   property, the compatible uses with adjacent park lands  and  facilities,   and otherwise to protect the public interest.* NB Repealed January 1, 20472-d.  Be  empowered,  in  addition  to  any  other  provision  of  law   authorizing the leasing or licensing of property under its jurisdiction,   to encourage investment by the  private  sector  for  the  provision  of   equipment  and  capital  improvements  at historic sites, state park and   recreation facilities by entering into lease or license  agreements  for   an  extended  term  not  to  exceed forty years at the following: in the   first park region, for services provided at the observation  tower,  and   for  buildings  and  structures  commonly known as the Cave of the Winds   building, the Top of the Falls Restaurant, the administration  building,   the visitor center, the Goat Island center, the snack bar at the Cave of   the  Winds,  the  current  police  building, the original Prospect Point   elevator building, the lower  landing  snack  bar  and  the  Schoellkopf   Museum,  including improvements to structures and facilities appurtenant   thereto at Niagara Reservation  State  Park,  the  site  of  the  former   casino,  the  former  commission  house  and the eighty-slip boat marina   within the boundaries of Beaver Island state  park  and  the  structures   known as the navy barracks, the post theater, the officers' club and the   commandant's  house  within  Fort  Niagara  state  park,  buildings  and   structures at Deveaux Woods state park,  and  buildings  and  facilities   within  Knox  Farm  state  park; in the second park region, the building   known as Minturn Mansion within Long  Point  on  Lake  Chautauqua  state   park;  in  the  third park region, for buildings and structures commonly   known as the Glen Iris Inn, the Pioneer Museum, the Pinewood Lodge,  the   Prospect  house,  the  Lauterbrunnen  house,  the Lower Falls restaurant   building, the pool concession stands, the North Entrance visitor center,   the  administration  building,  the  Commission  house  and  the   Stone   building,   including   improvements   to   structures   and  facilities   appurtenant thereto at Letchworth State park; in the fourth park region,   the structures known as the caretaker's  house  and  garage  within  the   Buttermilk  Falls state park, and the construction and operation of full   service marinas and associated concessions, at Sampson state park and at   Seneca Lake state park; in the seventh park region, the structure  known   as  the  brick cottage and associated outbuildings at John Jay Homestead   state historic site, the structure known as the Hoyt House and the barns   at Ogden Mills and Ruth Livingston Mills state park, the outbuildings at   Olana state historic  site  and  the  building  commonly  known  as  the   Staatsburg  School  in  Margaret  Lewis Norrie state park; in the eighth   park region, for buildings and structures commonly  known  as  the  Bear   Mountain  Inn,  the  A.  K.  Morgan Overlook Lodge, the Cliff house, the   Hilltop lodge, the Summit lodge, the Echo lodge, the  Beaver  lodge  and   the  Spring  lodge,  including improvements to structures and facilities   appurtenant thereto at Bear Mountain  State  Park;  in  the  ninth  park   region,  the  main  house  at Caumsett state historic park preserve, the   Boardwalk Restaurant at Jones Beach state park  and  the  buildings  and   structures  at  Nissequogue state park; in the eleventh park region, the   structure known  as  La  Tour  house,  the  former  bottling  plant  and   dormitory for adaptive reuse, and property for the development of a golf   course  and  related facilities within Saratoga Spa state park. Any such   lease or license may provide for reasonable rights of access,  utilities   and  parking  located  within  the  boundaries of the respective park or   historic site. Such extended term shall be for the purpose of assuring a   lessee or licensee adequate protection against loss  of  investments  in   developing,   renovating,   improving,  furnishing  and  equipping  such   properties, and the length of the term of  any  such  lease  or  license    shall  have a direct relationship to the period required to amortize the   investment. Any such lease or license shall be entered into only after a   finding by the commissioner that such action is compatible  with  public   enjoyment and participation in adjacent park facilities, and in the case   of  structures  listed on or eligible for the state register of historic   places, that such lease or license  will  encourage  investment  by  the   private sector in restoring, preserving and maintaining such properties.   In addition, such lease or license shall contain terms and conditions as   the commissioner shall deem necessary to address environmental concerns,   including  any historic and recreational resources of such property; the   compatible uses of adjacent park lands and facilities; and otherwise  to   protect the public interest. The bid prospectus submitted to prospective   bidders  shall contain specific information concerning the nature of the   capital improvements or equipment  to  be  provided  by  the  successful   bidder.  Revenues from the lease or license of property pursuant to this   section shall be deposited  into  the  state  park  infrastructure  fund   established  pursuant  to  section  ninety-seven-mm of the state finance   law.* 2-e. Be empowered, in addition to any provision of  law  authorizing   the  leasing  of  property  under  its  jurisdiction,  to  enter  into a   cooperative agreement, lease or license within the  ninth  park  region,   for  parklands,  parkway  rights-of-way  and  structures  at Cold Spring   Harbor,  including  a  library  and  environmental  center.   Any   such   cooperative  agreement, lease or license may be for a term not to exceed   one hundred years and provide for reasonable rights of access, utilities   and parking in association with such facilities.  Any  such  cooperative   agreement,  lease  or license shall be entered into only after a finding   by the commissioner that such action is compatible with public enjoyment   and participation in adjacent  park  facilities,  and  in  the  case  of   structures  listed  on  or  eligible  for the state register of historic   places, that such agreement or lease will encourage  investment  by  the   private sector in restoring, preserving and maintaining such properties.   In  addition, such agreement or lease shall contain terms and conditions   as the  commissioner  shall  deem  necessary  to  address  environmental   concerns,  including  any  historic  and  recreational resources of such   property; the compatible uses of adjacent parklands and facilities;  and   otherwise  to  protect  the  public  interest.  Revenues  from  any such   agreement or lease of property shall be deposited into  the  state  park   infrastructure  fund  established pursuant to section ninety-seven-mm of   the state finance law, as added by section  one  hundred  thirty-two  of   chapter fifty-five of the laws of nineteen hundred ninety-two.* NB There are 2 sub 2-e's* 2-e.  Be  empowered, in addition to any provision of law authorizing   the leasing  of  property  under  its  jurisdiction,  to  enter  into  a   cooperative agreement, lease or license to develop, operate and maintain   for athletic fields and recreational facilities, parkland located within   the  twelfth  park region to be known as East River State Park. Any such   cooperative agreement, lease or license may be for a term not to  exceed   fifty  years  and provide for reasonable rights of access, utilities and   parking in  association  with  such  facilities.  Any  such  cooperative   agreement,  lease  or license shall be entered into only after a finding   by the commissioner that such action is compatible with public enjoyment   and participation in adjacent  park  facilities,  and  in  the  case  of   structures  listed  on  or  eligible  for the state register of historic   places, that such agreement or lease will encourage  investment  by  the   private sector in restoring, preserving and maintaining such properties.   In  addition, such agreement or lease shall contain terms and conditions   as the commissioner shall  deemed  necessary  to  address  environmental    concerns,  including  any  historic  and  recreational resources of such   property; the compatible uses of adjacent park lands and facilities; and   otherwise to  protect  the  public  interest.  Revenues  from  any  such   agreement  or  lease  of property shall be deposited into the state park   infrastructure fund established pursuant to section  ninety-seven-mm  of   the state finance law.* NB There are 2 sub 2-e's2-f.   Cooperate   with  the  office  of  probation  and  correctional   alternatives  by  identifying  appropriate   worksites   where   persons   performing  community  service  as part of a criminal disposition may be   assigned to provide cleanup and other maintenance services in  order  to   preserve  and  enhance  the state's natural beauty and human-made scenic   qualities. Such sites may include but are not  limited  to  the  state's   shorelines,  beaches,  parks, roadways, historic sites and other natural   or human-made resources.2-g. Be empowered, in addition to any provision of law authorizing the   leasing or licensing of property under its jurisdiction, to enter into a   cooperative agreement, lease or license with the board of  education  of   the  school district of the city of Niagara Falls for parklands, parkway   rights-of-way, buildings, structures and  facilities  within  the  first   park  region  at DeVeaux Woods State Park for use by the school district   as  administrative  offices,   maintenance   warehousing   and   related   facilities.  Such  cooperative  agreement, lease or license may be for a   term not to exceed fifty years and shall provide for  reasonable  rights   of access, utilities and parking in association with such facilities.Any such cooperative agreement, lease or license shall be entered into   only  after a finding by the commissioner that such action is compatible   with public enjoyment and participation in adjacent park facilities, and   in the case of structures listed on or eligible for the  state  register   of  historic  places,  that such cooperative agreement, lease or license   will  provide  for  and  encourage  preserving  and   maintaining   such   properties.In  addition,  such  cooperative  agreement,  lease  or  license shall   contain terms and conditions such as the commissioner may deem necessary   to  address  environmental  concerns,   including   any   historic   and   recreational resources of such property; the compatible uses of adjacent   parklands and facilities; and otherwise to protect the public interest.Such  cooperative  agreement,  lease  or  license  may provide for the   school district to make capital improvements to the property,  including   improvements  to  those spaces to be occupied by the office, and for the   joint use of some or all of the  buildings,  structures  and  facilities   between  the school district of the city of Niagara Falls and the office   of parks, recreation and historic preservation as  well  as  sharing  of   capital costs for the improvements made to the buildings, structures and   facilities,  in  which  case  payments  to  the  office pursuant to such   agreement, lease or license by the school district shall  be  offset  by   expenses incurred by such school district in making capital improvements   or in maintaining the designated building, structures and facilities for   the  term  of any such cooperative agreement, lease or license. Revenues   from any such agreement or lease of property shall be deposited into the   state  park  infrastructure  fund  established   pursuant   to   section   ninety-seven-mm  of  the  state  finance  law,  as  added by section one   hundred thirty-two of chapter fifty-five of the laws of nineteen hundred   ninety-two.2-h.  Be  empowered,  in  addition  to  any  other  provision  of  law   authorizing  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 authorizing 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 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 resident 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  commissioner  is   authorized to lease for the purpose  of  residential  occupancy  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 40 house at Hither Hills State Park;   and  in  the  eleventh  park  region,  the  Susan  B. Anthony House. 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  determining  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.3.   Encourage,   facilitate   and   coordinate   the   planning   and   implementation  of  parks,  recreational   and   historic   preservation   activities and programs of state agencies.4.  Cooperate in the planning, organization, development and operation   of municipal and private park, recreational  and  historic  preservation   projects and programs.5.  Provide  for  the  health,  safety and welfare of the public using   facilities under its jurisdiction.6.  Encourage,  promote  and  engage  in   cooperative   recreational,   educational,  historic  and  cultural  activities, projects and programs    undertaken by any federal, state or local governmental agency or private   philanthropic or non-profit interest for the benefit of the public.7.   Undertake   surveys   or  analyses  deemed  appropriate  for  the   performance of the functions, powers and duties of  the  office  through   office  personnel  or  consultants, or in cooperation with any public or   private agencies.7-a. Promulgate a  comprehensive  plan  for  the  establishment  of  a   state-wide  trails system. For the purposes of this subdivision "trails"   shall include footpaths, bike ways,  snowmobile  trails,  horse  trails,   cross  country  ski  trails,  roads and other rights-of-way suitable for   hiking, strolling, cycling, horseback riding, skiing and other means  of   motorized  and  non-motorized travel for recreational purposes and shall   include combinations and systems of  trails,  including  connecting  and   side  trails,  and  trails leading to scenic and recreational areas. The   commissioner, with the approval of the  director  of  the  budget,  may,   within  the  appropriations  made available by the legislature, purchase   such  abandoned  railroad  rights-of-way  as  can   be   used   in   the   comprehensive  plan,  and make improvements where necessary, in order to   make them suitable and available for use as trails.8. Adopt, amend or rescind such rules, regulations and orders  as  may   be  necessary  or  convenient  for  the  performance  or exercise of the   functions, powers and duties of the office.9. Enter into contracts with any person and do all things necessary or   convenient to carry out the functions, powers and duties of the office.10. Encourage, promote  and  provide  recreational  opportunities  for   residents of urban as well as suburban and rural areas.11.  When  designated  by the governor, act as the state agent for the   receipt and administration of any federal grant or advance of funds  for   the  assistance  of  any  project,  program  or  activity related to the   functions, powers and duties of the office, where the designation  of  a   state  agent  is required under federal law or regulation, regardless of   whether the project, program or activity is undertaken by the office  or   another person.12.  Conduct  hearings  and  prepare  transcripts and records thereof,   appoint hearing officers, administer oaths, subpoena witnesses and  take   depositions with respect to any matter under the jurisdiction or control   of the office.13.  Bring  or  defend  such  actions,  suits  or  proceedings  as the   commissioner may deem necessary or proper to perform any of the  powers,   functions and duties of the office.14.  Exercise  and  perform such other functions, powers and duties as   shall have been or may be from time to time conferred or imposed  by  or   pursuant to law.15.  Enhance  the  natural resources within the state park, recreation   and historic site system  by  providing  habitat  for  various  wildlife   species  including  endangered  and  threatened species of fauna through   practices such as ecological restoration, wetland conservation  and  the   planting  of  trees, shrubs and herbaceous plants indigenous to the area   which act as food and protective cover for  fauna.  Selection  of  plant   species  or  communities  of  species  shall take into consideration the   natural, ecological, historic, archeological, aesthetic, and public  use   resources  in the immediate areas as well as the management goals of the   park or site.16. Enter into  contracts  or  other  agreements  with  not-for-profit   corporations  or foundations to provide, either in whole or in part, for   the operation, maintenance or other services for any park,  recreational   facility,  historic  site  or program. The office may provide facilities    for such corporations and foundations to conduct fund-raising activities   for the support of such parks, facilities, sites and programs.17.  In  consultation  with  the  New York state biodiversity research   institute created pursuant to section two hundred thirty-five-a  of  the   education  law,  within amounts appropriated therefor, by January first,   nineteen hundred ninety-five conduct a  review  of  lands  currently  in   state-ownership  and  under  the office's jurisdiction to identify lands   and waters that harbor plants, animals, and ecological communities  that   are rare in New York state.18.  Identify,  protect, manage, and conserve important ecological and   natural resources, including plants, animals and ecological  communities   that  are  rare  in  New  York  state, located on state parks, parkways,   historic sites,  recreational  facilities  and  other  lands  under  the   jurisdiction of the commissioner.19.  Offer  for  sale  advertising  and corporate sponsorship space in   various publications of the office and offer for sale informational  and   promotional  material  related  to  programs, operations, facilities and   resources under the jurisdiction of the office.  Any  proceeds  realized   from   the  sale  of  advertising  or  corporate  sponsorship  space  or   informational or promotional materials shall be deposited in the  patron   services  account of the miscellaneous special revenue fund and shall be   used by the office to defray the cost of development and publication  of   informational and promotional material.19-a. Prior to offering for sale to the public any merchandise, goods,   commodities  or  food  service at parks, recreation facilities, historic   sites or other facilities under the jurisdiction of the office,  make  a   written  finding  that  the  private  sector  is  unable or unwilling to   provide such merchandise,  goods,  commodities  or  food  service  under   agreement  with  the  office  and under such terms and conditions as the   commissioner determines  are  fair  and  reasonable  to  the  state  and   necessary  to  serve the public interest. Any proceeds realized from the   sale of such merchandise, goods, commodities or food  service  shall  be   deposited  in  the  patron services account of the miscellaneous special   revenue fund and shall be used by the  office  to  defray  the  cost  of   operating and maintaining such parks, recreation facilities and historic   sites.20.  Provide  for the display of the POW/MIA flag wherever the flag of   the United States of America is on  display  at  state  parks,  historic   sites, and recreational facilities.21.   Develop,  in  consultation  with  the  commissioner  of  health,   informational signs and brochures alerting patrons  of  the  dangers  of   overexposure  to  the  sun  and  its  relationship  to  skin cancer. The   information on such signs and in such brochures shall include methods by   which an individual may help prevent exposure to the sun and lessen  his   or  her  risk  of  contracting skin cancer. Such signs and informational   brochures shall be placed in appropriate locations at the discretion  of   the commissioner.22.  Be  empowered  to enter into an agreement with the New York state   thruway authority, which shall allow the office to utilize an electronic   toll collection system for the collection of any entrance fee or parking   fee at any historic site, park or recreational facility.23. Establish and implement a program for the collection of recyclable   materials that are discarded in state parks, state  historic  sites  and   state  recreational facilities. Such recyclable materials shall include,   but not be limited to, metal, plastic, glass and  paper.  In  each  such   park,  historic  site and recreational facility the office shall install   bins for the  collection  of  recyclable  materials.  The  office  shall    regularly  collect  and  provide  for  the  recycling  of the recyclable   materials collected.