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

                                  4324

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2013
                               ___________

Introduced  by  M.  of  A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
  MILLMAN -- 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07539-01-3

              

A. 4324                             2

  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, UPON THE COMMISSIONER'S
MAKING THE FINDING THAT AN HISTORIC MARITIME COMMUNITY IS  SUITABLE  AND
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, 2018.