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

                                  5541

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2011
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, McENENY, MILLMAN, SWEENEY, REILLY,
  HOYT,  ROSENTHAL,  THIELE,  DenDEKKER,  JAFFEE,  WEISENBERG,   CASTRO,
  TITONE,  CAHILL,  COLTON,  RUSSELL,  GIBSON, MAISEL, BOYLAND -- Multi-
  Sponsored by -- M. of A. GABRYSZAK, GLICK, HOOPER,  JACOBS,  JEFFRIES,
  PERRY, SCARBOROUGH -- read once and referred to the Committee on Tour-
  ism, Parks, Arts and Sports Development

AN  ACT to amend the parks, recreation and historic preservation law, in
  relation to the maintenance and preservation of state historic sites

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

  Section  1. Legislative finding. The legislature hereby finds that the
state has long acted on the recognition that the historical, archeologi-
cal, architectural and cultural heritage of the state as represented  in
state historic sites are amongst the most important environmental assets
of  the state and that they should be carefully maintained and preserved
for future generations.
  S 2. The parks, recreation and historic preservation law is amended by
adding a new section 14.11 to read as follows:
  S 14.11 MAINTENANCE AND PRESERVATION OF  STATE  HISTORIC  SITES.    1.
STATE  HISTORIC SITES SHALL BE SUBJECT TO THE HIGHEST STANDARDS OF CARE,
CUSTODY AND CONTROL TO ASSURE THEIR PRESERVATION FOR FUTURE GENERATIONS.
FOR THE PURPOSES OF THIS SECTION, "MOTHBALLING" SHALL MEAN  THE  PROCESS
OF  TEMPORARILY  CLOSING  A HISTORIC STRUCTURE THAT INVOLVES CONTROLLING
THE LONG-TERM DETERIORATION OF THE BUILDING WHILE IT  IS  UNOCCUPIED  AS
WELL  AS  FINDING  METHODS  TO  PROTECT  IT  FROM SUDDEN LOSS BY FIRE OR
VANDALISM; AND "SEASONAL" SHALL MEAN A PERIOD OF TIME NOT TO EXCEED  SIX
MONTHS IN ANY GIVEN YEAR.
  2. DURING THE PROCESS OF DETERMINING THE VIABILITY OF THE OFFICE MAIN-
TAINING  A  HISTORIC  SITE  OPEN  TO  THE PUBLIC, THE COMMISSIONER SHALL
PRODUCE A WRITTEN OUTLINE OF ALTERNATIVE ACTIONS THAT INCLUDE,  BUT  ARE
NOT LIMITED TO THE PREPARATION OF A REQUEST FOR PROPOSALS FOR THE ESTAB-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00298-01-1
              

A. 5541                             2

LISHMENT  OF  A  NON-PROFIT GROUP THAT WOULD CONTRACT WITH THE OFFICE TO
MAINTAIN THE HISTORIC SITE FOLLOWING THE AGENCY'S  ESTABLISHED  CRITERIA
AND  BEST  PRACTICES  AND  AN  ECONOMIC IMPACT STATEMENT ON THE PROPOSED
CLOSING  OF THE SITE. THIS OUTLINE AND ECONOMIC IMPACT STATEMENT WILL BE
MADE AVAILABLE TO THE PUBLIC AND A COPY SHALL BE DELIVERED TO THE GOVER-
NOR, THE SPEAKER OF THE ASSEMBLY AND  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE, AND THE CHAIRS OF THE ASSEMBLY COMMITTEE ON TOURISM, PARKS, ARTS
AND  SPORTS  DEVELOPMENT  AND  THE SENATE COMMITTEE ON CULTURAL AFFAIRS,
TOURISM, PARKS AND RECREATION. FOLLOWING THE PUBLICATION OF THE  OUTLINE
OF  ALTERNATIVE  ACTIONS, A PUBLIC COMMENT PERIOD OF NO LESS THAN THIRTY
DAYS SHALL BE IMPLEMENTED FOLLOWED BY AT LEAST ONE PUBLIC HEARING ON THE
PROPOSED ACTIONS BY THE AGENCY.
  3. IF IT HAS BEEN DETERMINED BOTH BY THE COMMISSIONER  AND  THE  BOARD
THAT  A  STATE HISTORIC SITE SHALL BE CLOSED TO THE PUBLIC AND NOT FULLY
MAINTAINED FOR A PERIOD TO EXCEED THE NORMAL SEASONAL  LIMIT  PREVIOUSLY
IN  PLACE,  THE COMMISSIONER SHALL ADHERE TO THE STANDARDS OF THE UNITED
STATES SECRETARY OF THE INTERIOR FOR THE MOTHBALLING OF HISTORIC  BUILD-
INGS.  SUCH  SECRETARY'S  STANDARDS  FOR  HISTORIC  PRESERVATION ARE THE
ESTABLISHED AND ACKNOWLEDGED STANDARDS FOR HISTORIC  SITE  AND  BUILDING
PRESERVATION  THROUGHOUT  THE NATION. SUCH STANDARDS FOR THE MOTHBALLING
OF HISTORIC BUILDINGS FOCUS ON THE STEPS NEEDED TO PROPERLY DEACTIVATE A
HISTORIC PROPERTY FOR AN EXTENDED PERIOD OF TIME NOT TO EXCEED TEN YEARS
AND REQUIRE CONTINUED LIMITED MONITORING AND MAINTENANCE BY PROFESSIONAL
STAFF. THE STANDARDS FOR THE MOTHBALLING OF HISTORIC  BUILDINGS  REQUIRE
THE  APPOINTMENT  OF  A  PRESERVATION  SPECIALIST TO ASSESS THE SPECIFIC
NEEDS OF THE STRUCTURE AND TO DEVELOP AN EFFECTIVE MOTHBALLING PROGRAM.
  4. ACTIONS TAKEN IN THE EVENT OF  THE  CLOSING  OF  A  SPECIFIC  STATE
HISTORIC SITE SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
  (A)  THE  PREPARATION OF A CONDITION ASSESSMENT REPORT OF THE BUILDING
OR SITE BY A PRESERVATION SPECIALIST, A COPY OF WHICH SHALL BE DELIVERED
TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT
OF THE SENATE, AND THE CHAIRS OF  THE  ASSEMBLY  COMMITTEE  ON  TOURISM,
PARKS,  ARTS AND SPORTS DEVELOPMENT AND THE SENATE COMMITTEE ON CULTURAL
AFFAIRS, TOURISM, PARKS AND RECREATION;
  (B) STRUCTURAL STABILIZATION OF THE BUILDING, BASED ON THE RECOMMENDA-
TIONS OF THE CONDITION ASSESSMENT;
  (C) EXTERMINATION OR CONTROL OF PESTS, INCLUDING RODENTS AND  INSECTS.
THIS  SHALL  INCLUDE,  BUT  NOT  BE LIMITED TO, THE INSTALLATION OF PEST
SCREENS AND THE INSPECTION OF THE BUILDING BY A  LICENSED  PEST  CONTROL
EXPERT;
  (D)  PROTECTION  OF THE EXTERIOR FROM MOISTURE PENETRATION. THIS SHALL
INCLUDE AN INSPECTION OF THE  BUILDING  OR  STRUCTURE'S  ROOF,  GUTTERS,
DRAINS, WINDOW AND DOOR FRAMES, MASONRY, SIDING, AND PROPER DRAINAGE;
  (E) SECURING THE BUILDING AND ITS COMPONENT FEATURES TO REDUCE VANDAL-
ISM  OR BREAK-INS. THIS SHALL INCLUDE THE NOTIFICATION OF LOCAL FIRE AND
POLICE DEPARTMENTS THAT THE BUILDING IS BEING MOTHBALLED,  ENSURING  THE
PROPER  INSTALLATION  AND  MAINTENANCE  OF  FIRE AND INTRUSION DETECTION
SYSTEMS ARE IN PLACE THROUGHOUT THE STRUCTURE, ALONG WITH  ANY  EXISTING
INSPECTED  FIRE SUPPRESSION SYSTEMS, THE FASTENING OF ALL EXTERIOR DOORS
AND WINDOWS, THE PREVENTION OF THE OVERGROWTH OF THE  GROUNDS,  AND  THE
CREATION AND IMPLEMENTATION OF A SECURITY MONITORING PLAN;
  (F)  PROVISION  OF  ADEQUATE  VENTILATION  TO THE INTERIOR THAT IS, AT
MINIMUM, TWO AIR EXCHANGES EVERY HOUR TO PREVENT MILDEW DAMAGE;
  (G) SECURING OR MODIFYING UTILITIES AND MECHANICAL SYSTEMS  TO  ENSURE
NO DAMAGE TAKES PLACE DUE TO NONUSE;

A. 5541                             3

  (H)  DEVELOPMENT  AND  IMPLEMENTATION  OF A MAINTENANCE AND MONITORING
PLAN FOR PROTECTION OF THE STRUCTURE TO BE MADE AVAILABLE TO THE  PUBLIC
WITH  A  COPY  SENT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE
TEMPORARY PRESIDENT OF THE  SENATE,  AND  THE  CHAIRS  OF  THE  ASSEMBLY
COMMITTEE  ON TOURISM, PARKS, ARTS AND SPORTS DEVELOPMENT AND THE SENATE
COMMITTEE ON CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION;
  (I) REMOVAL, CATALOGUING OF, AND PROPER STORAGE OF ANY AND ALL HISTOR-
ICAL COLLECTIONS HELD WITHIN THE STRUCTURE  INCLUDING  FURNITURE,  ARTI-
FACTS,  ART  WORK,  TEXTILE MATERIAL, AND LIBRARY AND ARCHIVAL MATERIAL,
CONSISTENT WITH ESTABLISHED BEST PRACTICES FOR THE  HANDLING  AND  CATA-
LOGUING OF SUCH HISTORICAL COLLECTIONS AND OBJECTS; AND
  (J)  NOT LESS THAN ONCE EVERY SIX MONTHS AT A MINIMUM AN INSPECTION OF
THE BUILDING SHALL BE MADE, MAINTENANCE ACTION SHALL  BE  TAKEN  ON  ANY
DETERIORATION  THAT  IS FOUND IN SUCH INSPECTION AND A REPORT, INCLUDING
PHOTOGRAPHIC DOCUMENTATION ON THE INSPECTION SHALL BE MADE AND PRESENTED
TO THE GOVERNOR AND LEGISLATURE.
  S 3. This act shall take effect immediately.