A. 6226                             2
        3. Transfer of functions; interim functions;
           codification.                                        SS 20-30
        4. Cultural and heritage resources board.                   S 40
                                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
A. 6226                             3
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.
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;
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  2.   promote  and  coordinate  management  of  cultural  and  heritage
resources to assure their protection, enhancement, provision, allocation
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
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with  any  law,  rule or regulation which may be promulgated pursuant to
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 fourteen,  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 fifteen, 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-officio  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.