2012 New York Consolidated Laws
PBB - Public Buildings
Article 4-B - (60 - 64) HISTORIC AND CULTURAL PROPERTIES
64 - State use of suitable buildings of historic, architectural or cultural significance.


NY Pub Bldgs L § 64 (2012) What's This?
 
    § 64.   State  use of suitable buildings of historic, architectural or
  cultural significance.  1. The commissioner shall prepare  and  maintain
  long   range   projections  for  the  public  building  needs  of  state
  government.  In consultation with the state commissioner  of  parks  and
  recreation,  the  chairman  of the state board for historic preservation
  and municipal preservation  boards  and  commissions,  the  commissioner
  shall  identify  existing  buildings  within  the  state that (a) are of
  historic, architectural  or  cultural  significance  and  (b)  would  be
  suitable,  whether or not in need of repair, alteration or addition, for
  purchase or lease to meet the public building needs of state government.
    2.  The commissioner of parks and recreation shall keep on file a list
  of all properties which are on the state register and which  the  owners
  of  such properties have indicated are available for the purchase and/or
  lease by state agencies, or properties which have been  brought  to  the
  attention of the commissioner of parks and recreation by their owners as
  being  available  for  such  purposes  and  have  been determined by the
  commissioner of parks and recreation to be eligible for listing  on  the
  state register.
    3.   As early as may be practicable in the decision making process, in
  addition to any other requirements of  law  prior  to  the  approval  of
  contracts  or  actions  necessary to construct or acquire by purchase or
  lease for a period of one year or more building space for use  by  state
  agencies,  the  commissioner  or  chief  executive  officer of any state
  agency responsible for acquisition of space shall so notify and  consult
  with  the  commissioner  of parks and recreation as to the existence and
  availability of historic properties listed  on  the  state  or  national
  register or determined by the commissioner of parks and recreation to be
  eligible  for listing on the state register and the suitability of these
  buildings, whether or not in need of repair, alteration or addition,  to
  meet the public building needs of state government.  The commissioner of
  the  office  of parks and recreation shall report such notifications and
  consultations to  the  state  board  for  historic  preservation.    The
  commissioner  of general services and the chief executive officer of any
  other state agency shall give first priority to utilization of  suitable
  buildings  of  historic,  architectural  or cultural significance unless
  such space would  not  prove  feasible,  compatible  with  the  intended
  operation   of  state  business  and  prudent  compared  with  available
  alternatives.  The commissioner shall review and evaluate all timely and
  documented recommendations for using  existing  buildings  of  historic,
  architectural   or   cultural  significance  within  the  geographically
  relevant area.   For purposes of  this  subdivision,  "a  geographically
  relevant  area" means those municipalities located in the area where the
  particular public building need can be met.
    4.  The commissioner, in consultation with the commissioner  of  parks
  and recreation, may by rule and regulation identify minor acquisition or
  lease  actions  or  classes  of  such actions which because of the small
  amount of space involved or other characteristics are not likely to have
  a significant impact upon the public policy set forth  in  this  article
  and  such  action or actions shall be exempt from the provisions of this
  subdivision.  The provisions of this subdivision shall not apply to  the
  acquisition  or  lease  of building space when the commissioner makes an
  explicit finding that an immediate  acquisition  or  lease  of  building
  space is required by public necessity.
    5.    The  commissioner in consultation with the commissioner of parks
  and recreation shall adopt such procedures and rules and regulations  as
  are necessary to carry out the requirements of this section.

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