Senate Bill S2832

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

                                 2832--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

Introduced  by  Sens. STEWART-COUSINS, DILAN, HASSELL-THOMPSON, MONTGOM-
  ERY, OPPENHEIMER, SERRANO, SEWARD -- read twice and  ordered  printed,
  and when printed to be committed to the Committee on Finance -- recom-
  mitted  to  the Committee on Finance in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

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-u to
read as follows:
  S 99-U.  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.
                                                           LBD04057-02-2

              

S. 2832--A                          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
FOURTEEN, AN INDIVIDUAL RESIDING IN NEW YORK STATE MAY ELECT TO CONTRIB-
UTE  TO  THE  NEW  YORK  STATE HISTORIC PRESERVATION FUND ESTABLISHED BY
SECTION NINETY-NINE-U 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-U 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-

S. 2832--A                          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, 2013  except  that  section
three  of  this  act  shall take effect on January 1, 2014, 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.