LBD03561-01-9
S. 2062 2
HISTORY THAT WILL ADVISE THE GOVERNOR, AGENCIES AND THE LEGISLATURE AS
TO THE BEST WAYS TO PROTECT, PRESERVE AND PROMOTE THE INVALUABLE HISTOR-
ICAL ASSETS OF THE STATE IS IN THE BEST INTEREST OF THE PEOPLE OF THE
STATE.
THE LEGISLATURE FURTHER FINDS THAT THE PROTECTION, PRESERVATION AND
PROMOTION OF OUR HISTORICAL ASSETS IS FUNDAMENTAL TO THE EDUCATION OF
THE CITIZENRY AND OUR CONCERN FOR THE QUALITY OF LIFE OF THE RESIDENTS
OF THE STATE. IT IS HEREBY DECLARED TO BE THE POLICY OF THE STATE TO
CONSERVE, IMPROVE, BENEFICIALLY USE AND PROTECT ITS HISTORICAL ASSETS IN
ORDER TO ENHANCE THE EDUCATION, HEALTH, SAFETY AND WELFARE OF THE PEOPLE
OF THE STATE, AND THEIR OVERALL ECONOMIC AND SOCIAL WELL-BEING. IT SHALL
FURTHER BE THE POLICY OF THE STATE TO IMPROVE AND COORDINATE THE HISTOR-
ICAL ASSET PLANS, FUNCTIONS, POWERS AND PROGRAMS OF THE STATE, IN COOP-
ERATION WITH THE FEDERAL GOVERNMENT, REGIONS, LOCAL GOVERNMENTS, OTHER
PUBLIC AND PRIVATE ORGANIZATIONS, AND THE CONCERNED INDIVIDUAL, AND TO
HELP DEVELOP AND MANAGE THE HISTORICAL ASSETS TO THE END THAT THE STATE
MAY FULFILL ITS RESPONSIBILITY AS TRUSTEE OF OUR CULTURAL AND HERITAGE
RESOURCES FOR THE PRESENT AND FUTURE GENERATIONS. FURTHERMORE, IT SHALL
BE THE POLICY OF THE STATE TO FOSTER, PROMOTE, CREATE AND MAINTAIN
CONDITIONS UNDER WHICH MAN AND NATURE CAN THRIVE IN HARMONY WITH EACH
OTHER, AND ACHIEVE SOCIAL, ECONOMIC AND TECHNOLOGICAL PROGRESS FOR PRES-
ENT AND FUTURE GENERATIONS BY:
A. ASSURING SURROUNDINGS WHICH ARE HEALTHFUL AND AESTHETICALLY PLEAS-
ING;
B. GUARANTEEING THAT THE WIDEST RANGE OF BENEFICIAL USES OF CULTURAL
AND HERITAGE RESOURCES ARE ATTAINED WITHOUT RISK TO HEALTH OR SAFETY,
UNNECESSARY DEGRADATION, OR OTHER UNDESIRABLE OR UNINTENDED CONSE-
QUENCES;
C. PROMOTING PATTERNS OF DEVELOPMENT AND TECHNOLOGY WHICH MINIMIZE
ADVERSE IMPACT ON OUR CULTURAL AND HERITAGE RESOURCES; AND
D. PRESERVING THE UNIQUE QUALITIES OF SPECIAL RESOURCES SUCH AS STATE
HISTORIC SITES, STATE DESIGNATED HERITAGE AREAS, SITES ON THE NATIONAL
REGISTER OF HISTORIC PLACES, PAINTINGS, SCULPTURES AND OTHER ARTISTIC
CREATIONS, MUSEUMS, GARDENS AND PERFORMING ARTS VENUES, PROVIDING THAT
CARE IS TAKEN FOR CULTURAL AND HERITAGE RESOURCES THAT ARE SHARED WITH
THE OTHER STATES OF THE UNITED STATES AND WITH CANADA IN THE MANNER OF A
GOOD NEIGHBOR.
E. PROMOTING THE MAINTENANCE AND GROWTH OF HISTORIC ASSETS AS SPECIAL
FEATURES OF A LOCALITY AND USING SUCH HISTORIC ASSETS FOR APPROPRIATE
HISTORIC RE-USE, INCLUDING AS A CULTURAL RESOURCE OR OPPORTUNITY FOR
GROWTH AND DEVELOPMENT OF THE SURROUNDING AREA.
§ 826. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHER-
WISE REQUIRES, THE FOLLOWING WORDS AND TERMS SHALL HAVE THE MEANINGS
ASCRIBED TO THEM:
A. "COMMISSION" MEANS THE COMMISSION ON NEW YORK HISTORY.
B. "DIRECTOR" MEANS THE DIRECTOR OF THE COMMISSION.
C. "HERITAGE AREA" MEANS A DEFINABLE URBAN OR REGIONAL AREA OF PUBLIC
AND PRIVATE USES, RANGING IN SIZE FROM A PORTION OF A MUNICIPALITY TO A
REGIONAL AREA, WITH A SPECIAL COHERENCE, AND SUCH AREA BEING DISTIN-
GUISHED BY PHYSICAL AND CULTURAL RESOURCES (NATURAL AND/OR MAN MADE
INCLUDING WATERWAYS, ARCHITECTURE, OR ARTIFACTS REFLECTING A PERIOD OF
STYLE OR CULTURAL HERITAGE) WHICH PLAY A VITAL ROLE IN THE LIFE OF THE
COMMUNITY AND/OR REGION AND CONTRIBUTE THROUGH INTERPRETIVE, EDUCATIONAL
AND RECREATIONAL USE TO THE PUBLIC. A HERITAGE AREA MAY INCLUDE TRADI-
TIONAL PARKS (PLEASURE GROUNDS SET APART FOR RECREATION OF THE PUBLIC)
AND HISTORIC PLACES OR PROPERTY ON THE NATIONAL OR STATE REGISTER OF
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HISTORIC PLACES. HOWEVER SUCH TERM SHALL NOT BE DEEMED TO MEAN A PARK
OR HISTORIC PLACE, AS THOSE TERMS ARE USED IN OTHER PROVISIONS OF LAW,
INCLUDING THOSE RELATING TO ALIENATION OF PARK LAND AND REGULATION OF
PUBLIC OR PRIVATE ACTIVITIES. SUCH OTHER PROVISIONS OF LAW SHALL CONTIN-
UE TO APPLY TO THE SPECIFIC PARKS AND HISTORIC PLACES WITHIN A HERITAGE
AREA. THE TERM "HERITAGE AREA" SHALL BE DEEMED TO INCLUDE AREAS THAT
HAVE BEEN PREVIOUSLY DESIGNATED AS URBAN CULTURE PARKS AND HERITAGE
CORRIDORS OR OTHER SIMILAR NAMES APPLIED TO AREAS OF SPECIAL CONCERN
FITTING THE DEFINITION OF A HERITAGE AREA.
D. "HISTORICAL ASSET" MEANS ANY PROPERTY, REAL OR OTHERWISE, BUILT
STRUCTURE, EVENT, ARTIFACT, OBJECT OR DOCUMENT DEEMED SIGNIFICANT TO THE
HISTORY AND HERITAGE OF THE PEOPLE OF THE STATE.
E. "HISTORIC PRESERVATION" MEANS THE STUDY, DESIGNATION, PROTECTION,
RESTORATION, REHABILITATION AND USE OF BUILDINGS, STRUCTURES, HISTORIC
DISTRICTS, AREAS, AND SITES SIGNIFICANT IN THE HISTORY, ARCHITECTURE,
ARCHEOLOGY OR CULTURE OF THIS STATE, ITS COMMUNITIES OR THE NATION.
F. "MUSEUM" MEANS AN INSTITUTION OR ASSOCIATION, CHARTERED BY THE
REGENTS OR THE LEGISLATURE PURSUANT TO SECTION TWO HUNDRED SIXTEEN OF
THE EDUCATION LAW, THAT EXISTS FOR THE PURPOSES OF COLLECTING, PRESERV-
ING AND INTERPRETING COLLECTIONS OF OBJECTS.
G. "HISTORIC RE-USE" MEANS THE ADAPTIVE RE-USE OF AN HISTORIC ASSET
FOR A PURPOSE OTHER THAN FOR WHICH IT WAS INITIALLY BUILT THAT PROTECTS
THE UNDERLYING ARCHITECTURAL INTEGRITY AND FACADE OF SUCH AN HISTORIC
BUILDING, STRUCTURE, DISTRICT, OR AREA WHILE PROVIDING NEW RESIDENTIAL
OR COMMERCIAL PURPOSES THAT UTILIZE THE UNDERLYING HISTORICAL VALUE OF
THE ASSET AS A SPECIAL FEATURE OF THE COMMUNITY OR AS PART OF ITS
MARKETING STRATEGY AND AIDS LOCAL COMMUNITY DEVELOPMENT OR SUPPORTS
MAINTAINING OR DEVELOPING LOCAL CULTURAL RESOURCES.
§ 827. COMMISSION ON NEW YORK STATE HISTORY. A. THERE SHALL BE ESTAB-
LISHED THE COMMISSION ON NEW YORK STATE HISTORY TO CONSIST OF THE
COMMISSIONERS OF EDUCATION AND OF PARKS, RECREATION AND HISTORIC PRESER-
VATION, THE CHAIR OF THE NEW YORK STATE CULTURAL EDUCATION TRUST, THE
STATE LIBRARIAN, THE STATE ARCHIVIST, THE DIRECTOR OF THE STATE MUSEUM,
THE DIRECTOR OF THE STATE DIVISION OF TOURISM, A REPRESENTATIVE OF ONE
OF THE STATE'S NATIVE AMERICAN TRIBES, AND SIX APPOINTED MEMBERS, TWO OF
WHOM SHALL BE APPOINTED BY THE GOVERNOR, AND TWO EACH BY THE TEMPORARY
PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY. EACH APPOINTED
MEMBER SHALL SERVE FOR A TERM OF FOUR YEARS AND SHALL CONTINUE IN OFFICE
UNTIL A SUCCESSOR HAS BEEN APPOINTED. THE APPOINTED COMMISSION MEMBERS
SHALL BE QUALIFIED BY EDUCATION AND EXPERIENCE IN THE FIELDS OF HISTORY,
LIBRARY SCIENCE, MUSEUM STUDIES, PUBLIC HISTORY, ARCHIVE PLANNING AND
MANAGEMENT, HERITAGE AREA MANAGEMENT, ANTHROPOLOGY, ARCHEOLOGY OR OTHER
RELATED PROFESSIONAL DISCIPLINE. THE MEMBERS OF THE COMMISSION SHALL
RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE REIMBURSED FOR
THEIR EXPENSES ACTUALLY AND NECESSARILY INCURRED IN THE PERFORMANCE OF
THEIR DUTIES WITHIN THE AMOUNT AVAILABLE THEREFOR BY APPROPRIATION.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, NO OFFICER OR EMPLOY-
EE OF THE STATE OR OF ANY CIVIL DIVISION THEREOF, SHALL BE DEEMED TO
HAVE FORFEITED OR SHALL FORFEIT HIS OR HER OFFICE OR EMPLOYMENT BY
REASON OF HIS OR HER ACCEPTANCE OF MEMBERSHIP ON SUCH COMMISSION.
B. THE COMMISSION SHALL CHOOSE FROM AMONG ITS APPOINTED MEMBERS A
CHAIRMAN, VICE-CHAIRMAN AND SECRETARY. THE TERM OF OFFICE OF EACH SUCH
OFFICER APPOINTED SHALL BE FOR TWO YEARS. EACH OFFICER OF THE COMMISSION
SHALL HOLD OFFICE UNTIL A SUCCESSOR HAS BEEN APPOINTED AND QUALIFIED.
VACANCIES IN MEMBERSHIP OF THE COMMISSION OCCURRING FROM ANY CAUSE SHALL
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BE FILLED BY THE OFFICER AUTHORIZED TO MAKE THE ORIGINAL APPOINTMENT OF
THE MEMBER WHOSE OFFICE BECOMES VACANT.
C. THE COMMISSION SHALL HOLD REGULAR MEETINGS NOT LESS THAN FOUR TIMES
A YEAR AT SUCH TIME AND PLACE AS IT MAY DESIRE, AND SPECIAL MEETINGS
WHEN AUTHORIZED AND CALLED AS PRESCRIBED BY THE BY-LAWS OR BY THE CHAIR-
MAN. EX OFFICIO MEMBERS OF THE COMMISSION MAY HAVE A DESIGNATED REPRE-
SENTATIVE.
§ 828. POWERS AND DUTIES. THE COMMISSION SHALL HAVE THE FOLLOWING
POWERS AND DUTIES:
A. TO ADOPT AND USE A SEAL; TO SUE AND BE SUED; TO APPOINT AND REMOVE
OFFICERS, AGENTS AND EMPLOYEES AND DETERMINE THEIR QUALIFICATIONS,
DUTIES AND COMPENSATION; TO ACQUIRE, HOLD AND DISPOSE OF PERSONAL PROP-
ERTY; TO RETAIN OR EMPLOY COUNSEL, PRIVATE CONSULTANTS AND INDEPENDENT
CONTRACTORS; TO MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS
NECESSARY OR CONVENIENT FOR THE EXERCISE OF ITS POWERS AND FUNCTIONS
UNDER THIS ARTICLE;
B. TO HIRE STAFF, INCLUDING A DIRECTOR, UPON APPROVAL OF THE COMMIS-
SION, TO ASSIST THE COMMISSION IN IMPLEMENTATION OF ITS DUTIES;
C. TO PREPARE, PUBLISH AND DISSEMINATE INFORMATION OR REPORTS TO HIGH-
LIGHT FOR STATE AGENCIES, LOCAL GOVERNMENTS AND THE GENERAL PUBLIC
ISSUES, PROBLEMS AND OPPORTUNITIES RELEVANT TO THE HISTORICAL ASSETS OF
THE STATE, IN CONCERT WITH STATE AND FEDERAL AGENCIES AND OTHERS;
D. TO STIMULATE ACTION BY PUBLIC AND PRIVATE ORGANIZATIONS ON ISSUES,
PROBLEMS AND OPPORTUNITIES THAT AFFECT THE HISTORICAL ASSETS OF THE
STATE INCLUDING, BUT NOT LIMITED TO, CONFERENCES, MEETINGS AND WORK-
SHOPS;
E. TO REQUEST AND RECEIVE FROM ANY DEPARTMENT, DIVISION, OFFICE,
BOARD, BUREAU, COMMISSION, AGENCY OR INSTRUMENTALITY OF THE STATE AND
FROM ANY POLITICAL SUBDIVISION OR AGENCY THEREOF, SUCH ASSISTANCE AND
DATA AS WILL ENABLE IT TO CONDUCT ITS STUDIES AND INVESTIGATIONS PURSU-
ANT TO THIS ARTICLE;
F. TO ASSIST STATE AGENCIES, LOCAL HISTORIANS, LOCAL GOVERNMENTS AND
OTHER APPROPRIATE STATE, FEDERAL AND LOCAL ORGANIZATIONS TO PLAN AND
WORK TOWARDS THE PROTECTION, PRESERVATION, HISTORIC RE-USE AND PROMOTION
OF THE HISTORICAL ASSETS OF THE STATE THROUGH COORDINATION AND COOPER-
ATION, AND THROUGH TECHNICAL ASSISTANCE, INCLUDING PLANNING ASSISTANCE,
TRAINING, CITIZEN EDUCATION AND PARTICIPATION ASSISTANCE, AND ASSISTANCE
IN THE PREPARATION OF GRANT APPLICATIONS TO OTHER ENTITIES;
G. TO SERVE A COORDINATING ROLE IN UTILIZING THE CAPABILITIES OF OTHER
STATE AND LOCAL ORGANIZATIONS TO CARRY OUT THE DUTIES PRESCRIBED IN THIS
SECTION;
H. TO ESTABLISH A CENTRAL CLEARINGHOUSE FOR HISTORICAL STUDIES, WHICH
MAY BE USED BY MEMBERS OF THE PUBLIC, LOCAL GOVERNMENTS AND STATE AGEN-
CIES IN ADDRESSING STATE AND REGIONWIDE ISSUES RELATED TO THE
PROTECTION, PRESERVATION, HISTORIC RE-USE AND PROMOTION OF HISTORICAL
ASSETS;
I. TO DEVELOP AGREEMENTS WITH LOCAL, COUNTY AND REGIONAL AGENCIES TO
PROVIDE STAFF SERVICES THROUGH GRANTS OR CONTRACTS TO HELP FINANCE
SERVICES FOR INTERMUNICIPAL COOPERATION; TO PROVIDE PLANNING SERVICES IN
CONJUNCTION WITH STATE AGENCIES, COUNTY PLANNING DEPARTMENTS AND
REGIONAL PLANNING BOARDS; AND TO PROVIDE SUPPLEMENTARY TECHNICAL ASSIST-
ANCE AND EDUCATIONAL SERVICES THROUGH PUBLIC OR PRIVATE GROUPS;
J. TO APPLY FOR AND RECEIVE FROM THE FEDERAL AND STATE GOVERNMENTS,
AND PUBLIC AND PRIVATE AGENCIES, FUNDS TO ACCOMPLISH THE PURPOSES OF THE
COMMISSION AND TO SOLICIT, RECEIVE AND UTILIZE GIFTS AND DONATIONS OF
ANY KIND FROM ANY SOURCE;
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K. TO ASSIST MUNICIPALITIES IN PREPARING AND ADOPTING COMPREHENSIVE
HISTORICAL ASSET PLANNING PROGRAMS, INCLUDING APPROPRIATE LAWS, ORDI-
NANCES AND CODES;
1. TO ENTER INTO AGREEMENTS FOR THE EXTENSION OF ITS POWERS AND DUTIES
TO LOCAL GOVERNMENTS, IN CONCERT WITH LOCAL, STATE AND FEDERAL AGENCIES
AND OTHERS; AND
M. TO LEASE AND MANAGE REAL PROPERTY, SOLELY FOR THE PURPOSE OF
PROVIDING FOR THE OFFICIAL OFFICES OF THE COMMISSION.
§ 829. STATEWIDE CULTURAL ASSET AND HERITAGE RESOURCES MANAGEMENT
PLAN. A. THE COMMISSION SHALL FORMULATE AND FROM TIME TO TIME REVISE A
STATEWIDE CULTURAL AND HERITAGE RESOURCES MANAGEMENT PLAN FOR THE
MANAGEMENT AND PROTECTION OF THE QUALITY OF THE CULTURAL AND HERITAGE
RESOURCES OF THE STATE, AS WELL AS THE HISTORIC RE-USE OF HISTORIC
STRUCTURES IN FURTHERANCE OF THE LEGISLATIVE POLICY AND PURPOSES
EXPRESSED IN THIS ARTICLE.
B. THE COMMISSION SHALL SUBMIT AN INITIAL PLAN TO THE GOVERNOR AND TO
THE LEGISLATURE ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND TWENTY-TWO,
AND THEREAFTER SHALL ANNUALLY SUBMIT PERIODIC REVISIONS OF SUCH PLAN TO
THE GOVERNOR AND TO THE LEGISLATURE. SUCH PLAN AND REVISIONS SHALL
BECOME EFFECTIVE UPON APPROVAL BY THE GOVERNOR AND SHALL SERVE THEREAFT-
ER AS A GUIDE TO THE PUBLIC.
C. IN FORMULATING SUCH PLAN AND ANY REVISIONS, THE COMMISSION SHALL:
(1) CONDUCT ONE OR MORE PUBLIC HEARINGS;
(2) CONSULT AND COOPERATE WITH:
(I) OFFICIALS OF DEPARTMENTS AND AGENCIES OF THE STATE HAVING DUTIES
AND RESPONSIBILITIES CONCERNING THE CULTURAL AND HERITAGE RESOURCES;
(II) OFFICIALS AND REPRESENTATIVES OF THE FEDERAL GOVERNMENT, NEIGH-
BORING STATES AND INTERSTATE AGENCIES ON PROBLEMS AFFECTING THE ENVIRON-
MENT OF THIS STATE;
(III) OFFICIALS AND REPRESENTATIVES OF LOCAL GOVERNMENT IN THE STATE;
(IV) OFFICIALS AND REPRESENTATIVES OF MUSEUMS, ART AND CULTURAL INSTI-
TUTIONS, INDUSTRY AND EDUCATION; AND
(V) PERSONS, ORGANIZATIONS AND GROUPS, PUBLIC OR PRIVATE, UTILIZING,
SERVED BY, INTERESTED IN OR CONCERNED WITH THE CULTURAL AND HERITAGE
RESOURCES OF THE STATE; AND
(3) REQUEST AND RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU,
COMMISSION OR OTHER AGENCY OF THE STATE OR ANY POLITICAL SUBDIVISION
THEREOF OR ANY PUBLIC AUTHORITY SUCH ASSISTANCE AND DATA AS MAY BE
NECESSARY TO ENABLE THE DEPARTMENT TO CARRY OUT ITS RESPONSIBILITIES
UNDER THIS SECTION.
§ 830. ANNUAL STATE HISTORY CONFERENCE. THE COMMISSION SHALL COORDI-
NATE AND CONDUCT AN ANNUAL CONFERENCE ON STATE HISTORY THAT WILL INCLUDE
SPEAKERS AND WORKSHOPS ON THE PROTECTION, PRESERVATION AND PROMOTION OF
THE STATE'S HISTORICAL ASSETS. THE CONFERENCE SHALL TAKE PLACE IN A
DIFFERENT AREA OF THE STATE EACH YEAR AND SHALL BE FREE OF CHARGE AND
OPEN TO THE PUBLIC.
§ 830-A. STATE HISTORY FELLOWSHIP PROGRAM. THE COMMISSION SHALL COOR-
DINATE, RECRUIT AND TRAIN VOLUNTEERS WITH BACKGROUNDS AND INTEREST IN
NEW YORK STATE HISTORY TO ACT AS FELLOWS TO BE MADE AVAILABLE TO STATE
HISTORY ORGANIZATIONS BY THE COMMISSION. FELLOWS WILL PROVIDE PROGRAM
SUPPORT TO NOT-FOR-PROFIT HISTORY ORGANIZATIONS AND ORGANIZATIONS
PROMOTING HISTORIC RE-USE AT NO COST TO THE ORGANIZATION. FELLOWSHIP
PROGRAM VOLUNTEERS SHALL PROVIDE, BASED ON THEIR EXPERIENCE AND TRAIN-
ING, ORGANIZATIONAL SUPPORT IN VISITOR OUTREACH, EDUCATIONAL PROGRAMMING
AND OUTREACH, THE EVALUATION OF PROGRAMS AND STRATEGIC PLANS, FUNDRAIS-
ING AND GRANT WRITING, AND THE EXPANSION OF VOLUNTEER PROGRAMS.
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§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
