2023 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, 2047
2-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's
2-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.