S T A T E   O F   N E W   Y O R K
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                                  3892--A
     Cal. No. 351
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cultural Affairs, Tourism,
   Parks and  Recreation  --  reported  favorably  from  said  committee,
   ordered  to  first  and  second  report,  ordered  to a third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 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:
   § 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,  WEST  SAYVILLE,  PATCHOGUE, COLD SPRING
 HARBOR, ORIENT-OYSTER PONDS, VILLAGE OF SAG HARBOR AND VILLAGE OF GREEN-
 PORT. 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  COMMUNI-
 TIES  ALONG THE HUDSON RIVER, AND LAKES CHAMPLAIN, ERIE AND ONTARIO, AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03690-02-7

 S. 3892--A                          2
 
 SHALL RECOMMEND APPROPRIATE  COMMUNITIES  TO  THE  LEGISLATURE  AND  THE
 GOVERNOR FOR INCLUSION IN THE CLASSIFICATION OF HISTORIC MARITIME COMMU-
 NITIES.
   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.
   § 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.
   § 3. This act shall take effect immediately, provided that section two
 of this act shall expire and be deemed repealed April 1, 2022.