LBD16015-02-2
A. 10614 2
ARTICLE 1
SHORT TITLE; DEFINITIONS
Section 1. Short title.
2. Definitions.
S 1. Short title. This chapter shall be known and may be cited as the
"cultural and heritage resources law".
S 2. Definitions. Whenever used in this chapter, unless a different
meaning clearly appears from the context:
1. "Board" means the cultural and heritage resources board.
2. "Director" means the director of cultural and heritage resources.
3. "Heritage area" means a definable urban or regional area of public
and private uses ranging in size from a portion of a municipality to a
regional area with a special coherence, such area being distinguished by
physical and cultural resources (natural and/or man made including
waterways, architecture or artifacts reflecting a period of style or
cultural heritage) which play a vital role in the life of the community
and/or region, and contribute through interpretive, educational and
recreational use to the public. A heritage area may include traditional
parks (pleasure grounds set apart for recreation of the public) and
historic places or property on the national or state register of histor-
ic places, but the term heritage area shall not be deemed to mean a park
or historic place as those terms are used in other provisions of law
including those relating to alienation of park land and regulation of
public or private activities. Such other provisions of law shall contin-
ue to apply to the specific parks and historic places within a heritage
area. The term heritage area shall be deemed to mean and include areas
that have been previously designated as urban culture parks and heritage
corridors or other similar names applied to areas of special concern
fitting the definition of heritage area in this subdivision.
4. "Historic preservation" means the study, designation, protection,
restoration, rehabilitation and use of buildings, structures, historic
districts, areas, and sites significant in the history, architecture,
archeology or culture of this state, its communities or the nation.
5. "Office" means the office of cultural and heritage resources.
6. "Person" means any individual, public or private corporation, poli-
tical subdivision, government agency, department or bureau of the state,
municipality, industry, co-partnership, association, firm, trust, estate
or any other legal entity whatsoever.
ARTICLE 2
POWERS, DUTIES AND JURISDICTION OF THE OFFICE OF CULTURAL AND HERITAGE
RESOURCES
Section 10. Declaration of policy.
11. Office of cultural and heritage resources; director
12. Offices of the office.
13. Organization of office; officers and employees.
14. Functions, powers and duties of office and director.
15. General functions, powers and duties of the office and the
director.
16. Summary action.
17. Statewide cultural and heritage plan.
S 10. Declaration of policy. The protection and quality of the state's
natural and cultural resources is fundamental to our concern for the
quality of life. It is hereby declared to be the policy of this state to
conserve, improve, beneficially use and protect its cultural and herit-
age resources, in order to enhance the health, safety and welfare of the
people of the state and their overall economic and social well being.
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It shall further be the policy of the state to improve and coordinate
the cultural and heritage plans, functions, powers and programs of the
state, in cooperation with the federal government, regions, local
governments, other public and private organizations and the concerned
individual, and to develop and manage the basic cultural and heritage
resources to the end that the state may fulfill its responsibility as
trustee of our cultural and heritage resources for the present and
future generations. It shall further be the policy of the state to
foster, promote, create and maintain conditions under which man and
nature can thrive in harmony with each other, and achieve social,
economic and technological progress for present and future generations
by:
1. assuring surroundings which are healthful and aesthetically pleas-
ing;
2. guaranteeing that the widest range of beneficial uses of cultural
and heritage resources are attained without risk to health or safety,
unnecessary degradation or other undesirable or unintended consequences;
3. promoting patterns of development and technology which minimize
adverse impact on our cultural and heritage resources;
4. preserving the unique qualities of special resources such as state
historic sites, state designated heritage areas, sites on the national
register of historic places, paintings, sculptures, and other artistic
creations, museums, gardens and performing arts venues; and
5. providing that care is taken for cultural and heritage resources
that are shared with the other states of the United States and with
Canada in the manner of a good neighbor.
S 11. Office of cultural and heritage resources; director. There shall
be in the executive branch an office of cultural and heritage resources.
The head of the office shall be the director of cultural and heritage
resources, who shall be appointed by the governor, by and with the
advice and consent of the senate, and hold office at the pleasure of the
governor by whom he or she was appointed and until his or her successor
is appointed and has qualified.
S 12. Offices of the office. The principal office of the office shall
be in the county of Albany.
S 13. Organization of office; officers and employees. 1. The director
may, from time to time, create, abolish, transfer and consolidate divi-
sions, bureaus, field offices and other units within the office, as he
or she may determine necessary for the efficient operation of the
office, subject to the approval of the director of the budget.
2. The director may appoint such deputies, directors, assistants, and
other officers and employees as may be needed for the performance of his
or her duties, and may prescribe their powers and duties and fix their
compensation within the amounts appropriated therefor, subject to the
approval of the director of the budget.
S 14. Functions, powers and duties of office and director. It shall be
the responsibility of the office, in accordance with such provisions and
limitations as may be elsewhere set forth in law, by and through the
director to carry out the cultural and heritage resources policy of the
state set forth in section ten of this article. In so doing, the direc-
tor, shall have power to:
1. coordinate and develop policies, planning and programs related to
the cultural and heritage resources of the state and regions thereof;
2. promote and coordinate management of cultural and heritage
resources to assure their protection, enhancement, provision, allocation
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and balanced utilization consistent with the environmental policy of the
state;
3. assure the preservation and enhancement of natural beauty and man-
made scenic and cultural landscape qualities;
4. undertake an extensive public information and education program to
inform and involve other public and private organizations and groups and
the general public in the commitment to the principles and practices of
cultural and heritage resources management and develop programs for the
teaching by others of such principles and practices;
5. cooperate with the executive, legislative and planning authorities
of the United States, neighboring states and their municipalities, and
the Dominion of Canada in furtherance of the policy of this state as set
forth in section ten of this article; and
6. exercise and perform such other functions, powers and duties as
shall have been or may be from time to time conveyed or imposed by law,
including, but not limited to, all the functions, powers and duties
assigned and transferred to the office.
S 15. General functions, powers and duties of the office and the
director. To further assist in carrying out the policy of this state as
provided in this chapter, the director shall be authorized to:
1. with the advice and approval of the board, adopt, amend or repeal
standards, criteria and those rules and regulations having the force and
effect of standards and criteria to carry out the purposes and
provisions of this chapter;
2. enter into contracts with any person to do all things necessary or
convenient to carry out the functions, powers and duties of the office;
3. review and appraise programs and activities of state departments
and agencies in light of the policy set forth in section ten of this
article for the purpose of determining the extent to which such programs
and activities are contributing to the achievement of such policy and to
make recommendations to such departments and agencies with respect ther-
eto, including but not limited to, environmental guidelines for their
use;
4. consult with and cooperate with:
a. officials of departments and agencies of the state having duties
and responsibilities concerning the environment;
b. officials and representatives of any public benefit corporation in
the state;
c. officials and representatives of the federal government, of other
states and of interstate agencies on problems affecting the environment
of this state; persons, organizations and groups, public and private,
utilizing, served by, interested in or concerned with the environment in
the state; and
d. appropriate committee or committees of the legislature;
5. appear and participate in proceedings before any federal regulatory
agency involving or affecting the purposes of the office;
6. undertake any studies, inquiries, surveys or analyses he or she may
deem relevant through the personnel of the office or in cooperation with
any public or private agencies, including educational, civic and
research organizations, colleges, universities, institutes or founda-
tions, for the accomplishment of the purposes of the office;
7. enter and inspect any property or premises for the purpose of
investigating either actual or suspected sources of pollution or contam-
ination or for the purpose of ascertaining compliance or noncompliance
with any law, rule or regulation which may be promulgated pursuant to
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this article. Any information relating to secret processes or methods of
manufacture shall be kept confidential;
8. conduct investigations and hold hearings and compel the attendance
of witnesses and the production of accounts, books and documents by the
issuance of a subpoena;
9. advise and cooperate with municipal, county, regional and other
local agencies and officials within the state, to carry out the purposes
of this chapter;
10. act as the official agency of the state in all matters affecting
the purposes of the office under any federal laws, and as the official
agency of a county, town, city, village or authority in connection with
the grant or advance of any federal or other funds or credits to the
state or through the state to its local governing bodies for the
purposes of this chapter;
11. report from time to time to the governor and make an annual report
to the governor and the legislature;
12. formulate and execute contracts, keep accounts, record personnel
data, acquire real or personal property, including acquisition by
condemnation, appropriation, gift, grant, devise or bequest, adjust
claims, compile statistics and engage in research opportunities; all
according to the statutes or office orders and regulations in such cases
made and provided; and
13. adopt such rules, regulations and procedures as may be necessary,
convenient or desirable to effectuate the purposes of this chapter.
S 16. Summary action. Notwithstanding any inconsistent provision of
law, whenever the director finds, after investigation, that any person
is causing, engaging in or maintaining a condition or activity which, in
his or her judgment, presents an imminent danger to the health or
welfare of the people of the state or results in or is likely to result
in irreversible or irreparable damage to natural resources, and relates
to the prevention and abatement powers of the director and it therefore
appears to be prejudicial to the interests of the people of the state to
delay action until an opportunity for a hearing can be provided, the
director may, without prior hearing, order such person by notice, in
writing wherever practicable or in such other form as in the director's
judgment will reasonably notify such person whose practices are intended
to be proscribed, to discontinue, abate or alleviate such condition or
activity, and thereupon such person shall immediately discontinue, abate
or alleviate such condition or activity. As promptly as possible there-
after, not to exceed fifteen days, the director shall provide the person
an opportunity to be heard and to present proof that such condition or
activity does not violate the provisions of this subdivision. The direc-
tor shall adopt any other appropriate rules and regulations prescribing
the procedure to be followed in the issuance of such orders.
S 17. Statewide cultural and heritage plan. 1. The office shall
formulate and from time to time revise a statewide cultural and heritage
resources plan for the management and protection of the quality of the
cultural and heritage resources of the state, in furtherance of the
legislative policy and purposes expressed in this chapter.
2. The office shall submit such plan to the governor and to the legis-
lature on or before September first, two thousand thirteen, and there-
after shall submit periodic revisions of such plan to the governor and
to the legislature. Such plan and such revisions shall become effective
upon approval by the board and the governor, and shall serve thereafter
as a guide to the public.
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3. In formulating such plan and any revisions thereof, the office
shall:
a. conduct one or more public hearings;
b. consult with and cooperate with:
(i) officials of departments and agencies of the state having duties
and responsibilities concerning the cultural and heritage resources;
(ii) officials and representatives of the federal government, of
neighboring states and of interstate agencies on problems affecting the
environment of this state;
(iii) officials and representatives of local government in the state;
(iv) officials and representatives of museums, art and cultural insti-
tutions, industry and education; and
(v) persons, organizations and groups, public or private, utilizing,
served by, interested in or concerned with the cultural and heritage
resources of the state; and
c. request and receive from any department, division, board, bureau,
commission or other agency of the state or any political subdivision
thereof, or any public authority such assistance and data as may be
necessary to enable the office to carry out its responsibilities under
this section.
ARTICLE 3
TRANSFER OF FUNCTIONS; INTERIM FUNCTIONS;
CODIFICATION
Section 20. Transfer of functions.
21. Transfer of employees.
22. Transfer of records.
23. Continuity of authority.
24. Completion of unfinished business.
25. Continuance of rules and regulations.
26. Terms occurring in laws, contracts and other documents.
27. Existing rights and remedies preserved.
28. Pending actions and proceedings.
29. Transfer of appropriations.
30. Codification of changes.
S 20. Transfer of functions. All functions, powers, duties and obli-
gations of the education department relating to the state museum, state
library, state archive and state science service; of the office of
parks, recreation and historic preservation relating to the state
historic preservation including historic sites, the state heritage area
system; of the Historic Saratoga-Washington on the Hudson Partnership;
of the Hudson River Greenway; and all programs and entities in the arts
and cultural affairs law shall be transferred, assigned to, assumed by
and devolved upon the office.
S 21. Transfer of employees. Upon the transfer of functions to the
office pursuant to this chapter, provision shall be made for the trans-
fer to the office of such employees of the education department, office
of parks, recreation and historic preservation and state council of the
arts, and other employees who are engaged in carrying out such functions
as may be necessary for the exercise of the functions of the office,
subject to the approval of the director of the budget. Employees so
transferred shall be transferred without further examination or quali-
fication and shall retain their respective civil service classifications
and status. For the purpose of determining the employees holding perma-
nent appointment in competitive class positions to be transferred, such
employees shall be selected in each class of positions in the order of
their original appointment, with due regard to the right of preference
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in retention of disabled and nondisabled veterans. Any such employee who
at the time of such transfer, has a temporary or provisional appointment
shall be transferred subject to the same right of removal, examination
or termination as though such transfer had not been made. Employees
holding permanent appointments in competitive class positions who are
not transferred pursuant to this section shall have their names entered
upon an appropriate preferred list for reinstatement pursuant to the
civil service law.
S 22. Transfer of records. The commissioners and directors of the
departments, boards, commissions or other agencies, the functions,
powers, duties and obligations of which are transferred by this chapter,
shall deliver to the director all books, papers, records and property of
such departments, boards, commissions or other agencies, and of such
commissioners or directors pertaining to the functions transferred
pursuant to this chapter.
S 23. Continuity of authority. For the purpose of succession to all
functions, powers, duties and obligations of departments, agencies,
boards, commissions, and commissioners or directors thereof, transferred
and assigned to, devolved upon and assumed by the office pursuant to
this chapter, the office shall be deemed and held to constitute the
continuation of such departments, commissions, boards or other agencies
and not a different agency or authority.
S 24. Completion of unfinished business. Any business or other matter
undertaken or commenced by departments, commissions, boards or other
agencies, or the commissioners or directors thereof, pertaining, to or
connected with the functions, powers, obligations and duties transferred
and assigned pursuant to this chapter, and pending on the effective date
of this chapter, may be conducted and completed by the office in the
same manner and under the same terms and conditions and with the same
effect as if conducted and completed by such departments, commissions,
boards or other agencies, or commissioners and directors thereof.
S 25. Continuance of rules and regulations. All rules, regulations,
acts, determinations and decisions of departments, commissions, boards
or other agencies, and commissioners and directors thereof, pertaining
to the functions transferred and assigned by this chapter to the office
in force at the time of such transfer, assignment, assumption or devolu-
tion shall continue in force and effect as rules, regulations, acts,
determinations and decisions of the department of environmental conser-
vation until duly modified or repealed by the office.
S 26. Terms occurring in laws, contracts and other documents. Whenever
the departments, commissions, boards or other agencies, or commissioners
and directors thereof, the functions, powers, obligations and duties of
which are transferred by this chapter to the office, are referred to or
designated in any law, contract or document pertaining to the functions,
powers, obligations and duties hereby transferred and assigned, such
reference or designation shall be deemed to refer to the office and the
director as may be appropriate.
S 27. Existing rights and remedies preserved. No existing right or
remedy of any character shall be lost, impaired or affected by reason of
this chapter.
S 28. Pending actions and proceedings. No action or proceeding pending
at the time this chapter takes effect, brought by or against the depart-
ments, commissions, boards or other agencies, or commissioners and
directors thereof, the functions, powers, obligations and duties of
which are transferred by this chapter to the office shall be affected by
any provision of this chapter, but the same may be prosecuted or
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defended in the name of the director or office. In all such actions and
proceedings, the office, upon application to the court, shall be substi-
tuted as a party.
S 29. Transfer of appropriations. All appropriations or reappropri-
ations made to departments, commissions, boards or other agencies for
the functions and purposes transferred to the office by this chapter, or
segregated pursuant to law, to the extent of remaining unexpended or
unencumbered balances thereof, whether allocated or unallocated and
whether obligated or unobligated, are hereby transferred to and made
available for use and expenditure by the office subject to the approval
of the director of the budget for the same purposes for which originally
appropriated or reappropriated and shall be payable on vouchers certi-
fied or approved by the director on audit and warrant of the comp-
troller. Payments for liabilities for expenses of personal service,
maintenance and operation incurred by such departments, commissions,
boards or other agencies, in connection with the functions so trans-
ferred, shall also be made on vouchers or certificates approved by the
director on audit and warrant of the comptroller.
S 30. Codification of changes. The director shall prepare or cause to
be prepared for submission to the legislature on or before January
fifteenth, two thousand fourteen, a codification of the laws relating to
the functions, powers and duties of the office as amended, repealed or
modified by this chapter and other acts related thereto and such other
measures as may be appropriate to effectuate the purposes of this chap-
ter and such acts.
ARTICLE 4
CULTURAL AND HERITAGE
RESOURCES BOARD
Section 40. Cultural and heritage resources board.
S 40. Cultural and heritage resources board. 1. There is hereby
established within the office the cultural and heritage resources board
to consist of the director, the commissioners of education and environ-
mental conservation, the chairman of the state council of the arts, the
state librarian, the state archivist, the director of the state museum
and ten appointed members, of which four shall be appointed by the
governor, two shall be appointed by the temporary president of the
senate, two shall be appointed by the speaker of the assembly, one shall
be appointed by the minority leader of the senate, and one shall be
appointed by the minority leader of the assembly. Each appointed member
shall serve for a term of four years and shall continue until a replace-
ment has been appointed. The board members shall be qualified by educa-
tion and experience in the fields of library science, museum studies,
public history, archive planning and management, heritage area manage-
ment, architecture, arts, archeology and other related professional
disciplines. No member shall receive any compensation, but shall be
entitled to his or her actual and necessary expenses in performing the
duties of office.
2. The governor shall designate a chairman from amongst the members of
the board appointed by the governor, to hold office at the pleasure of
the governor. The board may provide for its organization and appoint
such other officers from amongst its members as it deems appropriate.
3. The director may appoint staff, upon approval of the board, to
assist the board in implementation of its duties.
4. The board shall hold regular meetings not less than four times a
year at such times and places as it may desire, and special meetings
when authorized and called as prescribed by the by-laws or by the direc-
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tor. Ex-offico members of the board may have a designated represen-
tative.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.