senate Bill S1026

2013-2014 Legislative Session

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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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to cultural affairs, tourism, parks and recreation
Jan 09, 2013 referred to cultural affairs, tourism, parks and recreation

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S1026 - Bill Details

See Assembly Version of this Bill:
A5628
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 Previous Legislative Sessions:
2011-2012: S2393, A5541
2009-2010: S7151, A10179A

S1026 - Bill Texts

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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 NUMBER:S1026

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
2011-12: S.2393

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  1026

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00520-01-3

S. 1026                             2

AND BEST PRACTICES AND AN ECONOMIC  IMPACT  STATEMENT  ON  THE  PROPOSED
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

S. 1026                             3

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;
  (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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