New York A 8452: Relates to sole-source concession agreements

Bill Text

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A08452 Summary:

BILL NOA08452 

&nbsp

SAME ASSAME AS S07870

&nbsp

SPONSORHyndman

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

&nbsp

Requires the commissioner of the New York city parks and recreation development to establish an application process for sole-source concession agreements; provides for enforcement of such agreements.

Go to top A08452 Actions:

BILL NOA08452 

&nbsp

05/16/2025referred to tourism, parks, arts and sports development

01/07/2026referred to tourism, parks, arts and sports development

Go to topA08452 Committee&nbspVotes:

Go to topA08452 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08452 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8452

 2025-2026 Regular Sessions

 IN ASSEMBLY

 May 16, 2025
 ___________

 Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
 tee on Tourism, Parks, Arts and Sports Development

 AN ACT to require the commissioner of the parks and recreation depart-
 ment in New York city to create a formal publicly-available applica-
 tion process for sole-source concession agreements

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Sole-source concession agreements. 1. (a) Within six months
 2 of the effective date of this act, the commissioner of parks and recre-
 3 ation in the city of New York shall establish a formal publicly-availa-
 4 ble application process for sole-source concession agreements and shall
 5 receive inquiries to initiate such sole-source concession negotiations.
 6 (b) Within 120 days of an application, the city shall respond to any
 7 application to detail the parameters of a negotiation or deny the appli-
 8 cation with cause that may be appealed.
 9 (c) In the initial application response to detail six-month benchmarks
 10 along the three-year timeline for various components of the concession
 11 agreement to be negotiated.
 12 (d) Within three years of the date that a response was provided to a
 13 not-for-profit organization, the city shall complete any sole-source
 14 concession negotiations.
 15 2. Enforcement. (a) If the city fails to respond to an application
 16 within 180 days, independent arbitration is authorized to generate a
 17 sole-source concession agreement within six months. The city shall
 18 adhere to the determination of the arbitrator.
 19 (b) If the city fails to generate a sole-source concession agreement
 20 within the three-year timeline established pursuant to paragraph (d) of
 21 subdivision one of this act, independent arbitration is authorized to
 22 generate a sole-source concession agreement within six months post-dead-
 23 line.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11963-01-5

 A. 8452 2

 1 (c) The city parks, revenue and community outreach and partnership
 2 development divisions shall oversee such sole-source concession agree-
 3 ments.
 4 (d) The franchise concession review committee shall grant approval of
 5 any sole-source concession agreement.
 6 3. Insurance. Any sole-source concessionaire which receives an agree-
 7 ment with the city shall hold insurance and shall indemnify the city.
 8 4. Definitions. For the purposes of this act, the following terms
 9 shall have the following meanings:
 10 1. "Sole-source concession agreement" means: (a) a document issued to
 11 organizations which offer free and fee-based programming including but
 12 not limited to museums, nature centers, recreational, educational and
 13 environmental programs, urban agriculture initiatives, markets, special
 14 events, weddings, restaurants/snack bar/wine;
 15 (b) a system which combines features of a not-for-profit license
 16 agreement with a concession agreement; and
 17 (c) a system which is not a competitive process, however, not-for-pro-
 18 fit organizations and the department of parks and recreation shall
 19 justify to the franchise and concession review committee (FCRC) why such
 20 services of such not-for-profit organization are so unique and valuable
 21 to the department of parks and recreation that a different selection
 22 procedure may be used.
 23 2. "City" means the city of New York.
 24 § 2. This ac