S T A T E O F N E W Y O R K
________________________________________________________________________
696
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. HOYT, ABBATE, CANESTRARI, CHRISTENSEN, LAVINE,
PEOPLES, SCHROEDER, ARROYO, MORELLE, GABRYSZAK -- Multi-Sponsored by
-- M. of A. BOYLAND, CAHILL, MARKEY, MAYERSOHN, McENENY, PHEFFER,
J. RIVERA, ROBINSON, SWEENEY, WEISENBERG -- read once and referred to
the Committee on Tourism, Arts and Sports Development
AN ACT to amend the state finance law, the tax law and the parks, recre-
ation and historic preservation law, in relation to establishing the
New York state historic preservation fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. The legislature finds and
declares that the restoration, preservation and adaptive reuse of
historic properties in New York state is an essential element to help
revitalize and bring about reinvestment in older downtown and business
districts throughout the state. The preservation and restoration of New
York state's vast historical and architecturally significant buildings
can and must continue to be used as building blocks for community growth
and prosperity.
Therefore, the intent of this act is to create the New York state
historic preservation fund, which shall be a source of money used exclu-
sively for the preservation and restoration of significant municipal and
commercial architecture and historic buildings throughout New York
state.
S 2. The state finance law is amended by adding a new section 99-q to
read as follows:
S 99-Q. NEW YORK STATE HISTORIC PRESERVATION FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"NEW YORK STATE HISTORIC PRESERVATION FUND".
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02868-01-9
A. 696 2
2. SUCH FUND SHALL CONSIST OF ALL MONEYS TRANSFERRED TO SUCH FUND
PURSUANT TO LAW AND ALL MONEYS REQUIRED BY THE PROVISIONS OF ANY OTHER
LAW TO BE PAID INTO OR CREDITED TO SUCH FUND.
3. MONEYS OF SUCH FUND SHALL BE MADE AVAILABLE TO THE COMMISSIONER OF
PARKS, RECREATION AND HISTORIC PRESERVATION AND SHALL BE USED FOR GRANTS
TO MUNICIPALITIES AND NOT-FOR-PROFIT CORPORATIONS TO PRESERVE AND
RESTORE SIGNIFICANT MUNICIPAL AND COMMERCIAL ARCHITECTURE AND HISTORIC
BUILDINGS SITUATED IN LOCALITIES THROUGHOUT THE STATE.
4. THE MONEYS OF THE FUND SHALL BE PAID ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF
PARKS, RECREATION AND HISTORIC PRESERVATION OR HIS DULY DESIGNATED
REPRESENTATIVE AND IT SHALL BE THE DUTY OF THE COMMISSIONER OF PARKS,
RECREATION AND HISTORIC PRESERVATION TO ENSURE THAT SUCH MONEYS ARE
SPENT ONLY TO EFFECTUATE THE PURPOSES OF THIS SECTION.
S 3. The tax law is amended by adding a new section 623 to read as
follows:
S 623. GIFT FOR NEW YORK STATE HISTORIC PRESERVATION FUND. EFFECTIVE
FOR ANY TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND
ELEVEN, AN INDIVIDUAL RESIDING IN NEW YORK STATE MAY ELECT TO CONTRIBUTE
TO THE NEW YORK STATE HISTORIC PRESERVATION FUND ESTABLISHED BY SECTION
NINETY-NINE-Q OF THE STATE FINANCE LAW. SUCH CONTRIBUTION SHALL BE IN
ANY WHOLE DOLLAR AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF STATE TAX
OWED BY SUCH INDIVIDUAL. THE DEPARTMENT SHALL INCLUDE SPACE ON THE
PERSONAL INCOME TAX RETURN SECTION TO BE COMPLETED BY NEW YORK STATE
TAXPAYERS TO ENABLE SUCH TAXPAYERS TO MAKE SUCH CONTRIBUTION EITHER BY
HAVING A REFUND OR PORTION THEREOF CREDITED TO SUCH FUND OR BY INDICAT-
ING THAT AN OVERPAYMENT OF TAXES OWED IS TO BE CREDITED TO SUCH FUND.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL REVENUES PURSUANT TO
THIS SECTION SHALL BE CREDITED TO THE NEW YORK STATE HISTORIC PRESERVA-
TION FUND AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINE-
TY-NINE-Q OF THE STATE FINANCE LAW.
S 4. The parks, recreation and historic preservation law is amended by
adding a new section 14.11 to read as follows:
S 14.11 HISTORIC PRESERVATION PROJECTS. 1. HISTORIC PRESERVATION
PROJECTS MAY BE UNDERTAKEN BY THE OFFICE PURSUANT TO THE PROVISIONS OF
THIS ARTICLE AND OTHER APPLICABLE PROVISIONS OF LAW PURSUANT TO THE
APPROVAL OF THE COMMISSIONER.
2. ALL HISTORIC PRESERVATION PROJECTS SHALL BE UNDERTAKEN IN THE
STATE. EXCEPT FOR PROJECTS UNDERTAKEN BY THE STATE, THE TOTAL AMOUNT OF
THE STATE ASSISTANCE PAYMENTS TOWARD THE COST OF ANY SUCH PROJECT SHALL
NOT EXCEED FIFTY PERCENT OF THE COST. FOR THE PURPOSE OF DETERMINING THE
AMOUNT OF THE STATE ASSISTANCE PAYMENTS, THE COST OF THE PROJECT SHALL
NOT BE MORE THAN THE AMOUNT SET FORTH IN THE APPLICATION FOR STATE
ASSISTANCE PAYMENTS APPROVED BY THE COMMISSIONER.
3. THE COMMISSIONER AND A MUNICIPALITY MAY ENTER INTO A CONTRACT FOR
THE UNDERTAKING BY THE MUNICIPALITY OF AN HISTORIC PRESERVATION PROJECT.
SUCH HISTORIC PRESERVATION PROJECTS SHALL BE RECOMMENDED TO THE COMMIS-
SIONER BY THE GOVERNING BODY OF THE MUNICIPALITY AND, WHEN APPROVED BY
THE COMMISSIONER, MAY BE UNDERTAKEN BY THE MUNICIPALITY PURSUANT TO THIS
SECTION AND ANY OTHER APPLICABLE PROVISION OF LAW.
4. THE COMMISSIONER AND A NOT-FOR-PROFIT CORPORATION MAY ENTER INTO A
CONTRACT FOR THE UNDERTAKING BY THE NOT-FOR-PROFIT CORPORATION OF AN
HISTORIC PRESERVATION PROJECT. SUCH AN HISTORIC PRESERVATION PROJECT
SHALL BE RECOMMENDED TO THE COMMISSIONER BY THE GOVERNING BODY OF A
NOT-FOR-PROFIT CORPORATION WHICH DEMONSTRATES TO THE SATISFACTION OF THE
COMMISSIONER THAT IT IS CAPABLE OF OPERATING AND MAINTAINING SUCH PROP-
A. 696 3
ERTY FOR THE BENEFIT OF THE PUBLIC. UPON APPROVAL BY THE COMMISSIONER,
SUCH PROJECT MAY BE UNDERTAKEN PURSUANT TO THE PROVISIONS OF THIS
SECTION AND ANY OTHER APPLICABLE PROVISION OF LAW.
5. A MUNICIPALITY WHICH ACQUIRES, DEVELOPS, IMPROVES, RESTORES OR
REHABILITATES PROPERTY WITH FUNDS MADE AVAILABLE PURSUANT TO THIS
SECTION MAY ESTABLISH REASONABLE RULES AND REGULATIONS BY LOCAL LAW OR
OTHERWISE TO ASSURE THE PROPER ADMINISTRATION AND DEVELOPMENT THEREOF,
PROVIDED THAT NO SUCH RULE OR REGULATION MAY RESTRICT THE USE OF SUCH
LANDS OR FACILITIES BY NON-RESIDENTS OF THE MUNICIPALITY.
6. THE COMMISSIONER SHALL IMPOSE SUCH CONTRACTUAL REQUIREMENTS AND
CONDITIONS UPON ANY MUNICIPALITY AND ANY NOT-FOR-PROFIT CORPORATION
WHICH RECEIVES STATE ASSISTANCE PAYMENTS PURSUANT TO THIS SECTION AS MAY
BE NECESSARY AND APPROPRIATE TO ENSURE THAT A PUBLIC BENEFIT SHALL
ACCRUE FROM THE USE OF PUBLIC FUNDS BY SUCH MUNICIPALITY OR NOT-FOR-PRO-
FIT CORPORATION. SUCH CONDITIONS SHALL INCLUDE LIMITATIONS ON THE RIGHT
OF THE MUNICIPALITY OR NOT-FOR-PROFIT CORPORATION TO DEMOLISH OR CONVEY
SUCH PROPERTY, PROVISIONS FOR PUBLIC ACCESS OR USE WHERE APPROPRIATE,
THE GRANTING OF FACADE EASEMENTS TO THE STATE, A REQUIREMENT THAT ALL
PLANS FOR RESTORATION, REHABILITATION, IMPROVEMENT, DEMOLITION OR OTHER
PHYSICAL CHANGE MUST BE SUBJECT TO THE COMMISSIONER'S APPROVAL, AND SUCH
OTHER CONDITIONS WHICH SHALL ASSURE THE PRESERVATION AND PROTECTION OF
THE PROJECT.
7. THE COMMISSIONER SHALL ADOPT, PRIOR TO THE ACCEPTANCE OF APPLICA-
TIONS FOR HISTORIC PRESERVATION PROJECTS, RULES AND REGULATIONS WHICH
SHALL INCLUDE ELIGIBILITY REQUIREMENTS, APPLICATION PROCEDURES, OFFICE
RANKING AND REVIEW PROCESSES, PROJECT APPROVAL GUIDELINES AND CRITERIA,
AND FUNDING DISTRIBUTION NECESSARY FOR ALL STATE ASSISTANCE PAYMENT
PROGRAMS ESTABLISHED PURSUANT TO THIS SECTION.
S 5. This act shall take effect January 1, 2010 except that section
three of this act shall take effect on January 1, 2011, or such time
that the requirements therein can be implemented prior to the initial
printing of state personal income tax return forms, whichever occurs
first; provided that the office of the state comptroller shall notify
the legislative bill drafting commission upon the occurrence of the
enactment of the legislation provided for in section three of this act
in order that the commission may maintain an accurate and timely effec-
tive data base of the official text of the laws of the state of New York
in furtherance of effectuating the provisions of section 44 of the
legislative law and section 70-b of the public officers law.