Current through Register Vol. 46, No. 39, September 25, 2024
(a) To
assure that a sufficient public benefit shall accrue from the expenditure of
public funds where the park project involves a public-private partnership, the
commissioner shall consider the following eligibility and rating criteria in
addition to the criteria listed in Part 440.8 of this Title and section
441.3
of this Part. The extent to which the project:
(1) replaces or improves an inadequate
facility or creates a new facility;
(2) provides 51 percent or greater public use
of and access to the facility for extended periods of time on a continuous or
regular basis during the year;
(3)
maximizes public use of and access to the facility during periods of peak
recreational demand;
(4) diverts
all or part of the facility to exclusive non-public use; and
(5) involves private funding for the project
sponsor match that is high (in value, expenses, or costs of labor or services)
in proportion to the approved total project cost.
(b) To assure that a sufficient public
benefit shall accrue from the expenditure of public funds for the project, the
following provisions shall be included in the project agreement as appropriate
for projects undertaken by municipalities:
(1) a provision that no rule or regulation of
a municipality shall restrict the use of or access to a project by
non-residents of the municipality or impose a fee for such use without the
prior written approval of the commissioner; and
(2) a requirement that facilities acquired or
developed by a municipality pursuant to this Part shall not be sold, leased,
exchanged, donated, disposed of or used for other than public park purposes
without the prior written approval of the commissioner and the express
authority of an act of the Legislature as provided in section
441.5
of this Part.
(c) To
assure that a sufficient public benefit shall accrue from the expenditure of
public funds for the project, the following provisions shall be included in the
project agreement as appropriate for acquisition projects undertaken by
not-for-profit corporations:
(1) a
requirement that the project sponsor make and keep the project accessible to
the public unless the commissioner determines that public accessibility would
be detrimental to the land or any natural or historic resources contained
therein;
(2) a requirement that
lands acquired by a not-for-profit corporation pursuant to this Part shall not
be sold, leased, exchanged, donated, disposed of or used for other than public
park purposes without the express authority of an act of the Legislature as
provided in section
441.5
of this Part;
(3) a requirement
that the project sponsor of an acquisition project shall not sell, lease,
exchange or donate the project to any entity other than a local government
municipality or not-for-profit corporation which will operate and maintain the
project for recreation or conservation purposes; and
(4) a requirement that the project sponsor
execute and convey to the State, at no charge, a conservation easement pursuant
to title 3 of article 49 of the Environmental Conservation Law over the land or
facility being acquired by the sponsor.
