S T A T E   O F   N E W   Y O R K
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                                  3865

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2011
                               ___________

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

AN ACT to amend the parks, recreation and historic preservation law  and
  the  environmental  conservation law, in relation to historic maritime
  communities; and providing for the repeal of certain  provisions  upon
  expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The parks, recreation  and  historic  preservation  law  is
amended by adding a new section 35.14 to read as follows:
  S  35.14  HISTORIC  MARITIME  COMMUNITIES. 1. THE STATE FINDS THAT THE
STATE'S  MARITIME  COMMUNITIES  POSSESS  SIGNIFICANT  MARITIME   RELATED
HISTORIC  RESOURCES  WHICH WARRANT SPECIAL RECOGNITION AND STATE SUPPORT
TO ENSURE APPROPRIATE PROTECTION AND USE. TO THE FULLEST EXTENT  PRACTI-
CABLE,  THE  COMMISSIONER  SHALL  RELATE  OR INTEGRATE HISTORIC MARITIME
COMMUNITIES INTO THE  STATEWIDE  SYSTEM  OF  STATE  DESIGNATED  HERITAGE
AREAS.
  2. "HISTORIC MARITIME COMMUNITY" SHALL MEAN THE FOLLOWING COMMUNITIES:
THE  VILLAGE  OF  PORT  CHESTER,  VILLAGE  OF  MAMARONECK,  CITY  OF NEW
ROCHELLE, CITY ISLAND, PORT WASHINGTON, CITY OF GLEN COVE,  OYSTER  BAY,
HUNTINGTON  HARBOR,  NORTHPORT HARBOR, VILLAGE OF PORT JEFFERSON, MATTI-
TUCK, STONY BROOK, SETAUKET, COLD SPRING  HARBOR,  ORIENT-OYSTER  PONDS,
VILLAGE  OF  SAG  HARBOR  AND VILLAGE OF GREENPORT. THE COMMISSIONER, IN
CONSULTATION WITH THE SECRETARY OF STATE, SHALL SURVEY AND  STUDY  OTHER
COMMUNITIES  IN THE STATE WHERE MARITIME ACTIVITY HAS BEEN PART OF THEIR
HISTORIC DEVELOPMENT INCLUDING COMMUNITIES ALONG THE HUDSON  RIVER,  AND
LAKES  CHAMPLAIN,  ERIE  AND  ONTARIO,  AND  SHALL RECOMMEND APPROPRIATE
COMMUNITIES TO THE LEGISLATURE AND THE GOVERNOR  FOR  INCLUSION  IN  THE
CLASSIFICATION OF HISTORIC MARITIME COMMUNITIES.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, UPON THE COMMISSIONER'S
MAKING  THE  FINDING THAT AN HISTORIC MARITIME COMMUNITY IS SUITABLE AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06065-01-1
              

A. 3865                             2

FEASIBLE FOR DESIGNATION AS  A  STATE  DESIGNATED  HERITAGE  AREA,  SUCH
COMMUNITY  SHALL  BE  DEEMED TO BE ELIGIBLE TO PREPARE A MANAGEMENT PLAN
PURSUANT TO SECTION 35.05 OF THIS ARTICLE AND UPON APPROVAL OF SUCH PLAN
BY THE COMMISSIONER, SHALL BE A STATE DESIGNATED HERITAGE AREA.
  4.  THE COMMISSIONER THROUGH GRANTS FROM FUNDS MADE AVAILABLE THEREFOR
AND TECHNICAL ASSISTANCE FROM THE STATE  HISTORIC  PRESERVATION  PROGRAM
SHALL SUPPORT:
  (A)  UNDERTAKING  COMPREHENSIVE  HISTORIC  RESOURCES  SURVEYS  FOR THE
HISTORIC MARITIME COMMUNITIES WHERE EXISTING SURVEYS ARE NON-EXISTENT OR
INADEQUATE, INCLUDING A SURVEY OF DISTRICTS;  SITES;  BUILDINGS;  STRUC-
TURES;  STREETSCAPES;  AND  OBJECTS,  INCLUDING  VESSELS, SHIPWRECKS AND
LANDSCAPES;
  (B) EVALUATING  RESOURCES  AND  IDENTIFYING  THOSE  DISTRICTS,  SITES,
BUILDINGS, STRUCTURES AND OBJECTS OF HISTORIC SIGNIFICANCE AT THE LOCAL,
STATE OR NATIONAL LEVEL WHICH MEET THE CRITERIA FOR LISTING ON THE STATE
AND NATIONAL REGISTERS OF HISTORIC PLACES;
  (C)  IDENTIFYING  RESOURCES  OF OTHER HISTORIC OR CULTURAL INTEREST TO
THE HISTORIC MARITIME COMMUNITY; AND
  (D) ENACTING  OF  MEASURES  BY  THE  HISTORIC  MARITIME  COMMUNITY  TO
PRESERVE HISTORIC PROPERTIES.
  S  2.  Subdivision 2 of section 54-0901 of the environmental conserva-
tion law, as amended by chapter 377 of the laws of 2008, is  amended  to
read as follows:
  2.  "Historic  preservation  project"  means a project undertaken by a
municipality  or  a  not-for-profit  corporation  to  acquire,  improve,
restore  or rehabilitate property listed on the state or national regis-
ters of historic places to protect the historic, cultural  or  architec-
tural  significance  thereof  or  a  project  for planning or structural
assessments for such properties. "Historic preservation  project"  shall
also  mean  a  project  undertaken  by the office to improve, restore or
rehabilitate state historic properties listed on the state  or  national
registers  of  historic  places  to  protect the historical, cultural or
architectural significance thereof or a project for planning relating to
or structural assessments of such properties.   IN ADDITION,  A  PROJECT
SHALL  INCLUDE  A COMPREHENSIVE HISTORIC MARITIME RESOURCES SURVEY FOR A
HISTORIC MARITIME COMMUNITY AS IDENTIFIED PURSUANT TO SUBDIVISION TWO OF
SECTION 35.14 OF THE PARKS, RECREATION  AND  HISTORIC  PRESERVATION  LAW
UNDERTAKEN BY A MUNICIPALITY OR A NOT-FOR-PROFIT CORPORATION.
  S 3. This act shall take effect immediately, provided that section two
of this act shall expire and be deemed repealed April 1, 2016.