senate Bill S2393

Requires the office of parks, recreation and historic preservation to preserve and maintain state historic sites that are closed for more than a month

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 19 / Jan / 2011
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 04 / Jan / 2012
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

Summary

Requires the office of parks, recreation and historic preservation to preserve and maintain state historic sites that are closed for more than a month.

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Bill Details

See Assembly Version of this Bill:
A5541
Versions:
S2393
Legislative Cycle:
2011-2012
Current Committee:
Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Add §14.11, Pks & Rec L
Versions Introduced in 2009-2010 Legislative Cycle:
S7151, A10179A

Sponsor Memo

BILL NUMBER:S2393

TITLE OF BILL:
An act
to amend the parks, recreation and historic preservation law, in
relation to the maintenance and preservation of state historic sites

PURPOSE OR GENERAL IDEA OF THE BILL:
To ensure that the state's
historic sites and their associated collections are cared for
according to best practices during a period of extended public closure

SUMMARY OF PROVISIONS:
The parks, recreation and historical
preservation law is amended by adding a new section 14.11 which will
outline a series of best practices that must be followed should any,
of the state's historic sites be closed for longer than 6 months. The
bill explains that state historic sites, as nationally recognized
historic treasures, shall be subject to the highest standards of
care, custody and control to assure their preservation for future
generations. During the process of determining the viability of the
office maintaining 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 establishment of a
non-profit group that would contract with the office to maintain the
historic site following the agency's established criteria. The
written report shall also include an economic impact statement on any
proposed closing of the site for a period of longer than 6 months.
The written outline and economic impact statement shall be made
available to the public as well as to the Governor and both houses of
the legislature. Following publication of the outline and impact
statement, a public comment period of no less than 30 days shall
be implemented along with at least one public hearing on the
proposed actions, If both the commissioner and the state board for
historic preservation determine, after public comment, that a state
historic site shall be closed to the public and not fully maintained
for a period to exceed the normal seasonal limit or 6 months, the
commissioner shall adhere to the standards of the united states
Secretary of the Interior for the mothballing of historic buildings.
The Secretary of the Interior's standards for the mothballing of
historic buildings are the established and acknowledged standards for
historic site and building preservation and focus on the steps needed
to properly deactivate a historic property for an extended period of
time. The standards require the appointment of a preservation
specialist to assess the specific needs of the structure and to
develop an effective mothballing program.

JUSTIFICATION:
The legislature has found that the
state has long acted
on the recognition that the historical, archeological, architectural

and cultural heritage of the state as represented in state historic
sites are among the most important environmental assets of the state
and should be carefully maintained and preserved for future
generations.

Beginning in 1850 at Washington's Headquarters in Newburgh, which is
the nation's first publicly acquired historic site, the state has
invested millions of dollars in the acquisition, preservation, and
public accessibility of 35 nationally recognized historic sites.
Closing such sites for any extended amount of time can and will put
into peril the very existence of the site itself and, without proper
techniques implemented, will lead to potentially devastating damage.

LEGISLATIVE HISTORY:
2009-10: Senate - Reported and Committed to Finance
Assembly - Amended and Recommitted to Ways & Means

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  2393

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens. SERRANO, PARKER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cultural Affairs,
  Tourism, Parks and Recreation

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-
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

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

S. 2393                             2

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;
  (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

S. 2393                             3

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.

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