§ 3.09 — General functions, powers and duties

New York § 3.09

• Jurisdiction: New York
• Law PAR: Parks, Recreation and Historic Preservation
• Title B: Organization and General Powers, Functions and Duties of Office of Parks, Recreation and Historic Preservation
• Art. 3: Office of Parks, Recreation and Historic Preservation; Commissioner

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§ 3.09 General functions, powers and duties. The office by and through\nthe commissioner, shall:\n 1. Acquire and establish historic sites and objects and, except within\nthe sixth park region, state parks, parkways and state recreational\nfacilities.\n 2. Operate and maintain, either directly, or by contract, lease or\nlicense, such historic sites and objects, parks, parkways and\nrecreational facilities.\n 2-a. Be empowered to encourage investment by the private sector for\nthe provision of equipment and capital improvements for concession\nfacilities operated at historic sites and, except within the sixth park\nregion, state park and recreation facilities by entering into concession\nlicense agreements for extended periods not to exceed twenty years in\ntotal; provided that any such agreement for a period in excess of ten\nyears must be approved by the director of the budget and must provide\nfor a total capital investment of no less than one million dollars over\nthe contract term. Such extended term shall be for the purpose of\nassuring a concessionaire of adequate protection against loss of\ninvestment in structures, fixtures, equipment, supplies and other\nimprovements, and the length of such term shall have a direct\nrelationship to the period required to amortize the investment. The bid\nprospectus submitted to prospective bidders shall contain specific\ninformation concerning the nature of the capital improvements or\nequipment to be provided by the successful bidder.\n 2-b. Be empowered, in addition to any other provision of law\nauthorizing the leasing of property under its jurisdiction, to lease the\nGideon Putnam hotel, Lincoln, Washington, Roosevelt I and Roosevelt II\nbathhouses and provide for reasonable rights of access, utilities and\nparking located within the boundaries of the Saratoga Spa state park,\nfor reasonable consideration and for a term not to exceed forty years.\nSuch extended term shall be for the purpose of assuring a lessee of\nadequate protection against loss of investments in structures, fixtures,\nequipment, supplies and other improvements, and the length of such term\nshall have a direct relationship to the period required to amortize the\ninvestment. Any such lease shall be entered into only after a finding by\nthe commissioner that such action will encourage investment by the\nprivate sector in maintaining and preserving buildings listed on or\neligible for the state register of historic places, established pursuant\nto section 14.07 of this chapter, and is compatible with public\nenjoyment and participation in adjacent park facilities. In addition,\nsuch lease shall contain terms and conditions as the commissioner shall\ndeem necessary to assure preservation and maintenance of the historic\nquality of any such property, the compatible uses with adjacent park\nlands and facilities, and otherwise to protect the public interest.\n * 2-c. Be empowered, in addition to any other provision of law\nauthorizing the leasing of property under its jurisdiction, to lease\nHyde hall historic site and provide for reasonable rights of access,\nutilities and parking located within the boundaries of the Glimmerglass\nstate park for a term not to exceed thirty years. Such extended term\nshall be for assuring a lessee of adequate protection against loss of\ninvestments in renovations performed on the Hyde hall historic site. Any\nsuch lease shall be entered into only after a finding by the\ncommissioner that such action will encourage investment by the private\nsector in maintaining, preserving and restoring buildings listed on the\nstate register of historic places, established pursuant to section 14.07\nof this chapter, and is compatible with public enjoyment and\nparticipation in adjacent park facilities. In addition, such lease shall\ncontain terms and conditions as the commissioner shall deem necessary to\nassure preservation and maintenance of the historic quality of any such\nproperty, the compatible uses with adjacent park lands and facilities,\nand otherwise to protect the public interest.\n * NB Repealed January 1, 2047\n 2-d. Be empowered, in addition to any other provision of law\nauthorizing the leasing or licensing of property under its jurisdiction,\nto encourage investment by the private sector for the provision of\nequipment and capital improvements at historic sites, state park and\nrecreation facilities by entering into lease or license agreements for\nan extended term not to exceed forty years at the following: in the\nfirst park region, for services provided at the observation tower, and\nfor buildings and structures commonly known as the Cave of the Winds\nbuilding, the Top of the Falls Restaurant, the administration building,\nthe visitor center, the Goat Island center, the snack bar at the Cave of\nthe Winds, the current police building, the original Prospect Point\nelevator building, the lower landing snack bar and the Schoellkopf\nMuseum, including improvements to structures and facilities appurtenant\nthereto at Niagara Reservation State Park, the site of the former\ncasino, the former commission house and the eighty-slip boat marina\nwithin the boundaries of Beaver Island state park and the structures\nknown as the navy barracks, the post theater, the officers' club and the\ncommandant's house within Fort Niagara state park, buildings and\nstructures at Deveaux Woods state park, and buildings and facilities\nwithin Knox Farm state park; in the second park region, the building\nknown as Minturn Mansion within Long Point on Lake Chautauqua state\npark; in the third park region, for buildings and structures commonly\nknown as the Glen Iris Inn, the Pioneer Museum, the Pinewood Lodge, the\nProspect house, the Lauterbrunnen house, the Lower Falls restaurant\nbuilding, the pool concession stands, the North Entrance visitor center,\nthe administration building, the Commission house and the Stone\nbuilding, including improvements to structures and facilities\nappurtenant thereto at Letchworth State park; in the fourth park region,\nthe structures known as the caretaker's house and garage within the\nButtermilk Falls state park, and the construction and operation of full\nservice marinas and associated concessions, at Sampson state park and at\nSeneca Lake state park; in the seventh park region, the structure known\nas the brick cottage and associated outbuildings at John Jay Homestead\nstate historic site, the structure known as the Hoyt House and the barns\nat Ogden Mills and Ruth Livingston Mills state park, the outbuildings at\nOlana state historic site and the building commonly known as the\nStaatsburg School in Margaret Lewis Norrie state park; in the eighth\npark region, for buildings and structures commonly known as the Bear\nMountain Inn, the A. K. Morgan Overlook Lodge, the Cliff house, the\nHilltop lodge, the Summit lodge, the Echo lodge, the Beaver lodge and\nthe Spring lodge, including improvements to structures and facilities\nappurtenant thereto at Bear Mountain State Park; in the ninth park\nregion, the main house at Caumsett state historic park preserve, the\nBoardwalk Restaurant at Jones Beach state park and the buildings and\nstructures at Nissequogue state park; in the eleventh park region, the\nstructure known as La Tour house, the former bottling plant and\ndormitory for adaptive reuse, and property for the development of a golf\ncourse and related facilities within Saratoga Spa state park. Any such\nlease or license may provide for reasonable rights of access, utilities\nand parking located within the boundaries of the respective park or\nhistoric site. Such extended term shall be for the purpose of assuring a\nlessee or licensee adequate protection against loss of investments in\ndeveloping, renovating, improving, furnishing and equipping such\nproperties, and the length of the term of any such lease or license\nshall have a direct relationship to the period required to amortize the\ninvestment. Any such lease or license shall be entered into only after a\nfinding by the commissioner that such action is compatible with public\nenjoyment and participation in adjacent park facilities, and in the case\nof structures listed on or eligible for the state register of historic\nplaces, that such lease or license will encourage investment by the\nprivate sector in restoring, preserving and maintaining such properties.\nIn addition, such lease or license shall contain terms and conditions as\nthe commissioner shall deem necessary to address environmental concerns,\nincluding any historic and recreational resources of such property; the\ncompatible uses of adjacent park lands and facilities; and otherwise to\nprotect the public interest. The bid prospectus submitted to prospective\nbidders shall contain specific information concerning the nature of the\ncapital improvements or equipment to be provided by the successful\nbidder. Revenues from the lease or license of property pursuant to this\nsection shall be deposited into the state park infrastructure fund\nestablished pursuant to section ninety-seven-mm of the state finance\nlaw.\n * 2-e. Be empowered, in addition to any provision of law authorizing\nthe leasing of property under its jurisdiction, to enter into a\ncooperative agreement, lease or license within the ninth park region,\nfor parklands, parkway rights-of-way and structures at Cold Spring\nHarbor, including a library and environmental center. Any such\ncooperative agreement, lease or license may be for a term not to exceed\none hundred years and provide for reasonable rights of access, utilities\nand parking in association with such facilities. Any such cooperative\nagreement, lease or license shall be entered into only after a finding\nby the commissioner that such action is compatible with public enjoyment\nand participation in adjacent park facilities, and in the case of\nstructures listed on or eligible for the state register of historic\nplaces, that such agreement or lease will encourage investment by the\nprivate sector in restoring, preserving and maintaining such properties.\nIn addition, such agreement or lease shall contain terms and conditions\nas the commissioner shall deem necessary to address environmental\nconcerns, including any historic and recreational resources of such\nproperty; the compatible uses of adjacent parklands and facilities; and\notherwise to protect the public interest. Revenues from any such\nagreement or lease of property shall be deposited into the state park\ninfrastructure fund established pursuant to section ninety-seven-mm of\nthe state finance law, as added by section one hundred thirty-two of\nchapter fifty-five of the laws of nineteen hundred ninety-two.\n * NB There are 2 sub 2-e's\n * 2-e. Be empowered, in addition to any provision of law authorizing\nthe leasing of property under its jurisdiction, to enter into a\ncooperative agreement, lease or license to develop, operate and maintain\nfor athletic fields and recreational facilities, parkland located within\nthe twelfth park region to be known as East River State Park. Any such\ncooperative agreement, lease or license may be for a term not to exceed\nfifty years and provide for reasonable rights of access, utilities and\nparking in association with such facilities. Any such cooperative\nagreement, lease or license shall be entered into only after a finding\nby the commissioner that such action is compatible with public enjoyment\nand participation in adjacent park facilities, and in the case of\nstructures listed on or eligible for the state register of historic\nplaces, that such agreement or lease will encourage investment by the\nprivate sector in restoring, preserving and maintaining such properties.\nIn addition, such agreement or lease shall contain terms and conditions\nas the commissioner shall deemed necessary to address environmental\nconcerns, including any historic and recreational resources of such\nproperty; the compatible uses of adjacent park lands and facilities; and\notherwise to protect the public interest. Revenues from any such\nagreement or lease of property shall be deposited into the state park\ninfrastructure fund established pursuant to section ninety-seven-mm of\nthe state finance law.\n * NB There are 2 sub 2-e's\n 2-f. Cooperate with the office of probation and correctional\nalternatives by identifying appropriate worksites where persons\nperforming community service as part of a criminal disposition may be\nassigned to provide cleanup and other maintenance services in order to\npreserve and enhance the state's natural beauty and human-made scenic\nqualities. Such sites may include but are not limited to the state's\nshorelines, beaches, parks, roadways, historic sites and other natural\nor human-made resources.\n 2-g. Be empowered, in addition to any provision of law authorizing the\nleasing or licensing of property under its jurisdiction, to enter into a\ncooperative agreement, lease or license with the board of education of\nthe school district of the city of Niagara Falls for parklands, parkway\nrights-of-way, buildings, structures and facilities within the first\npark region at DeVeaux Woods State Park for use by the school district\nas administrative offices, maintenance warehousing and related\nfacilities. Such cooperative agreement, lease or license may be for a\nterm not to exceed fifty years and shall provide for reasonable rights\nof access, utilities and parking in association with such facilities.\n Any such cooperative agreement, lease or license shall be entered into\nonly after a finding by the commissioner that such action is compatible\nwith public enjoyment and participation in adjacent park facilities, and\nin the case of structures listed on or eligible for the state register\nof historic places, that such cooperative agreement, lease or license\nwill provide for and encourage preserving and maintaining such\nproperties.\n In addition, such cooperative agreement, lease or license shall\ncontain terms and conditions such as the commissioner may deem necessary\nto address environmental concerns, including any historic and\nrecreational resources of such property; the compatible uses of adjacent\nparklands and facilities; and otherwise to protect the public interest.\n Such cooperative agreement, lease or license may provide for the\nschool district to make capital improvements to the property, including\nimprovements to those spaces to be occupied by the office, and for the\njoint use of some or all of the buildings, structures and facilities\nbetween the school district of the city of Niagara Falls and the office\nof parks, recreation and historic preservation as well as sharing of\ncapital costs for the improvements made to the buildings, structures and\nfacilities, in which case payments to the office pursuant to such\nagreement, lease or license by the school district shall be offset by\nexpenses incurred by such school district in making capital improvements\nor in maintaining the designated building, structures and facilities for\nthe term of any such cooperative agreement, lease or license. Revenues\nfrom any such agreement or lease of property shall be deposited into the\nstate park infrastructure fund established pursuant to section\nninety-seven-mm of the state finance law, as added by section one\nhundred thirty-two of chapter fifty-five of the laws of nineteen hundred\nninety-two.\n 2-h. Be empowered, in addition to any other provision of law\nauthorizing the leasing of certain property under its jurisdiction, to\nestablish a resident curator program to encourage investment,\nrestoration and occupancy of at-risk structures by authorizing the\nleasing of such at-risk structures on a competitive basis pursuant to\nthe issuance of a request for proposal announced publicly including on\nthe office website, for residential use only, as a single family\ndwelling, to individuals to be known as "resident curators" for terms of\nup to forty years in exchange for the resident curator assuming\nliability and financial obligation associated with the rehabilitation,\nmaintenance and use of such buildings and any other property, real or\npersonal, included in the lease. For the purposes of this subdivision,\nthe term "at-risk structure" shall mean a house, building or other\nroofed structure under the jurisdiction of the office that is or has\nbecome functionally isolated from the direct public service mission of\nthe office such that such structure is vacant and at risk of undergoing\nprogressive deterioration and/or functional abandonment because of\nfiscal or other circumstantial difficulties. The length of the term of\nleases executed pursuant to this subdivision shall relate to the\ninvestment to be made by the resident curator which will be required to\nrehabilitate and maintain the at-risk structure for residential\noccupancy. The amount of rent to be charged, which may be nominal, shall\nbe based on an assessment of fair market value taking into account the\nprojected cost of rehabilitating the at-risk structure invested by the\nresident curator. Any lease executed pursuant to this section shall:\nrequire the resident curator to comply with all laws, rules and\nregulations and maintain appropriate insurance coverage associated with\nthe rehabilitation, maintenance and use of the leased premises; prohibit\nthe resident curator from using the leased premises except in accordance\nwith criteria to be determined per established rule; prohibit the\nresident curator from using the leased premises as security for any\ndebt, or from assigning or subletting the premises except as authorized\nby the commissioner. Upon termination of any lease executed pursuant to\nthis section, full use and enjoyment of the property reverts\nautomatically to the state. No lease entered into in the resident\ncurator program shall result in the displacement of any currently\nemployed worker or loss of position, including the partial displacement\nsuch as reduction in the hours of non-overtime labor, wages or employee\nbenefits, the diminishment of benefits, or seniority rights provided to\nsuch employee in the civil service law, or result in the impairment of\nexisting collective bargaining agreements. The Commissioner shall\nconsult with the state board for historic preservation, established\npursuant to section 11.03 of this title, prior to entering into a\nresident curator lease for any at risk structure, including those\neligible for listing on the state and national registers of historic\nplaces. The commissioner shall adopt a plan identifying at risk\nstructures within state parks and historic sites, and shall adopt rules\nand regulations for the resident curator program, which shall include,\nbut not be limited to, criteria for selecting responsible resident\ncurators, criteria for establishing length of terms for leases, criteria\nfor determining the amount of rent to be charged to resident curators\nwhich may be nominal factoring in the capital investment required to\nrehabilitate and maintain the leased premises and determining\nappropriate uses and restrictions on use of leased premises in the\nresident curator program, including whether and under what circumstances\npublic access is appropriate to property in the resident curator\nprogram. This plan, as well as the rules and regulations, shall be\npresented to and approved by the state board for historic preservation\nprior to their adoption.\n 3. Encourage, facilitate and coordinate the planning and\nimplementation of parks, recreational and historic preservation\nactivities and programs of state agencies.\n 4. Cooperate in the planning, organization, development and operation\nof municipal and private park, recreational and historic preservation\nprojects and programs.\n 5. Provide for the health, safety and welfare of the public using\nfacilities under its jurisdiction.\n 6. Encourage, promote and engage in cooperative recreational,\neducational, historic and cultural activities, projects and programs\nundertaken by any federal, state or local governmental agency or private\nphilanthropic or non-profit interest for the benefit of the public.\n 7. Undertake surveys or analyses deemed appropriate for the\nperformance of the functions, powers and duties of the office through\noffice personnel or consultants, or in cooperation with any public or\nprivate agencies.\n 7-a. Promulgate a comprehensive plan for the establishment of a\nstate-wide trails system. For the purposes of this subdivision "trails"\nshall include footpaths, bike ways, snowmobile trails, horse trails,\ncross country ski trails, roads and other rights-of-way suitable for\nhiking, strolling, cycling, horseback riding, skiing and other means of\nmotorized and non-motorized travel for recreational purposes and shall\ninclude combinations and systems of trails, including connecting and\nside trails, and trails leading to scenic and recreational areas. The\ncommissioner, with the approval of the director of the budget, may,\nwithin the appropriations made available by the legislature, purchase\nsuch abandoned railroad rights-of-way as can be used in the\ncomprehensive plan, and make improvements where necessary, in order to\nmake them suitable and available for use as trails.\n 8. Adopt, amend or rescind such rules, regulations and orders as may\nbe necessary or convenient for the performance or exercise of the\nfunctions, powers and duties of the office.\n 9. Enter into contracts with any person and do all things necessary or\nconvenient to carry out the functions, powers and duties of the office.\n 10. Encourage, promote and provide recreational opportunities for\nresidents of urban as well as suburban and rural areas.\n 11. When designated by the governor, act as the state agent for the\nreceipt and administration of any federal grant or advance of funds for\nthe assistance of any project, program or activity related to the\nfunctions, powers and duties of the office, where the designation of a\nstate agent is required under federal law or regulation, regardless of\nwhether the project, program or activity is undertaken by the office or\nanother person.\n 12. Conduct hearings and prepare transcripts and records thereof,\nappoint hearing officers, administer oaths, subpoena witnesses and take\ndepositions with respect to any matter under the jurisdiction or control\nof the office.\n 13. Bring or defend such actions, suits or proceedings as the\ncommissioner may deem necessary or proper to perform any of the powers,\nfunctions and duties of the office.\n 14. Exercise and perform such other functions, powers and duties as\nshall have been or may be from time to time conferred or imposed by or\npursuant to law.\n 15. Enhance the natural resources within the state park, recreation\nand historic site system by providing habitat for various wildlife\nspecies including endangered and threatened species of fauna through\npractices such as ecological restoration, wetland conservation and the\nplanting of trees, shrubs and herbaceous plants indigenous to the area\nwhich act as food and protective cover for fauna. Selection of plant\nspecies or communities of species shall take into consideration the\nnatural, ecological, historic, archeological, aesthetic, and public use\nresources in the immediate areas as well as the management goals of the\npark or site.\n 16. Enter into contracts or other agreements with not-for-profit\ncorporations or foundations to provide, either in whole or in part, for\nthe operation, maintenance or other services for any park, recreational\nfacility, historic site or program. The office may provide facilities\nfor such corporations and foundations to conduct fund-raising activities\nfor the support of such parks, facilities, sites and programs.\n 17. In consultation with the New York state biodiversity research\ninstitute created pursuant to section two hundred thirty-five-a of the\neducation law, within amounts appropriated therefor, by January first,\nnineteen hundred ninety-five conduct a review of lands currently in\nstate-ownership and under the office's jurisdiction to identify lands\nand waters that harbor plants, animals, and ecological communities that\nare rare in New York state.\n 18. Identify, protect, manage, and conserve important ecological and\nnatural resources, including plants, animals and ecological communities\nthat are rare in New York state, located on state parks, parkways,\nhistoric sites, recreational facilities and other lands under the\njurisdiction of the commissioner.\n 19. Offer for sale advertising and corporate sponsorship space in\nvarious publications of the office and offer for sale informational and\npromotional material related to programs, operations, facilities and\nresources under the jurisdiction of the office. Any proceeds realized\nfrom the sale of advertising or corporate sponsorship space or\ninformational or promotional materials shall be deposited in the patron\nservices account of the miscellaneous special revenue fund and shall be\nused by the office to defray the cost of development and publication of\ninformational and promotional material.\n 19-a. Prior to offering for sale to the public any merchandise, goods,\ncommodities or food service at parks, recreation facilities, historic\nsites or other facilities under the jurisdiction of the office, make a\nwritten finding that the private sector is unable or unwilling to\nprovide such merchandise, goods, commodities or food service under\nagreement with the office and under such terms and conditions as the\ncommissioner determines are fair and reasonable to the state and\nnecessary to serve the public interest. Any proceeds realized from the\nsale of such merchandise, goods, commodities or food service shall be\ndeposited in the patron services account of the miscellaneous special\nrevenue fund and shall be used by the office to defray the cost of\noperating and maintaining such parks, recreation facilities and historic\nsites.\n 20. Provide for the display of the POW/MIA flag wherever the flag of\nthe United States of America is on display at state parks, historic\nsites, and recreational facilities.\n 21. Develop, in consultation with the commissioner of health,\ninformational signs and brochures alerting patrons of the dangers of\noverexposure to the sun and its relationship to skin cancer. The\ninformation on such signs and in such brochures shall include methods by\nwhich an individual may help prevent exposure to the sun and lessen his\nor her risk of contracting skin cancer. Such signs and informational\nbrochures shall be placed in appropriate locations at the discretion of\nthe commissioner.\n 22. Be empowered to enter into an agreement with the New York state\nthruway authority, which shall allow the office to utilize an electronic\ntoll collection system for the collection of any entrance fee or parking\nfee at any historic site, park or recreational facility.\n 23. Establish and implement a program for the collection of recyclable\nmaterials that are discarded in state parks, state historic sites and\nstate recreational facilities. Such recyclable materials shall include,\nbut not be limited to, metal, plastic, glass and paper. In each such\npark, historic site and recreational facility the office shall install\nbins for the collection of recyclable materials. The office shall\nregularly collect and provide for the recycling of the recyclable\nmaterials collected.\n 24. Encourage and promote farmers' markets which offer for sale farm\nand food products, as such terms are defined in section two hundred\nsixty of the agriculture and markets law, at state parks when such\nfarmers' market does not harm the natural environment or integrity of\nthe park. Such promotion shall include but not be limited to:\n (a) posting information on the office's website pertaining to\nlocations and times of operation for such farmers' markets held in state\nparks;\n (b) identifying opportunities to expand farmers' markets to additional\nstate park locations; and\n (c) coordinating with other state agencies, including but not limited\nto empire state development and the department of agriculture and\nmarkets, to further the goals of this subdivision.\n