Assembly Bill A3346

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3346
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
   Committee on Tourism, Parks, Arts and Sports Development
 
 AN ACT to amend the parks, recreation and historic preservation law  and
   the  environmental  conservation law, in relation to historic maritime
   communities; and providing for the repeal of certain  provisions  upon
   expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The parks, recreation  and  historic  preservation  law  is
 amended by adding a new section 35.14 to read as follows:
   §  35.14  HISTORIC  MARITIME  COMMUNITIES. 1. THE STATE FINDS THAT THE
 STATE'S  MARITIME  COMMUNITIES  POSSESS  SIGNIFICANT  MARITIME   RELATED
 HISTORIC  RESOURCES  WHICH WARRANT SPECIAL RECOGNITION AND STATE SUPPORT
 TO ENSURE APPROPRIATE PROTECTION AND USE. TO THE FULLEST EXTENT  PRACTI-
 CABLE,  THE  COMMISSIONER  SHALL  RELATE  OR INTEGRATE HISTORIC MARITIME
 COMMUNITIES INTO THE  STATEWIDE  SYSTEM  OF  STATE  DESIGNATED  HERITAGE
 AREAS.
   2. "HISTORIC MARITIME COMMUNITY" SHALL MEAN THE FOLLOWING COMMUNITIES:
 THE  VILLAGE  OF  PORT  CHESTER,  VILLAGE  OF  MAMARONECK,  CITY  OF NEW
 ROCHELLE, CITY ISLAND, PORT WASHINGTON, CITY OF GLEN COVE,  OYSTER  BAY,
 HUNTINGTON  HARBOR,  NORTHPORT HARBOR, VILLAGE OF PORT JEFFERSON, MATTI-
 TUCK, STONY BROOK,  SETAUKET,  WEST  SAYVILLE,  PATCHOGUE,  COLD  SPRING
 HARBOR, ORIENT-OYSTER PONDS, VILLAGE OF SAG HARBOR AND VILLAGE OF GREEN-
 PORT.  THE  COMMISSIONER,  IN  CONSULTATION WITH THE SECRETARY OF STATE,
 SHALL SURVEY AND STUDY OTHER COMMUNITIES IN  THE  STATE  WHERE  MARITIME
 ACTIVITY  HAS BEEN PART OF THEIR HISTORIC DEVELOPMENT INCLUDING COMMUNI-
 TIES ALONG THE HUDSON RIVER, AND LAKES CHAMPLAIN, ERIE AND ONTARIO,  AND
 SHALL  RECOMMEND  APPROPRIATE  COMMUNITIES  TO  THE  LEGISLATURE AND THE
 GOVERNOR FOR INCLUSION IN THE CLASSIFICATION OF HISTORIC MARITIME COMMU-
 NITIES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07127-01-9
              

 A. 3346                             2
 
   3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, UPON THE COMMISSIONER'S
 MAKING THE FINDING THAT AN HISTORIC MARITIME COMMUNITY IS  SUITABLE  AND
 FEASIBLE  FOR  DESIGNATION  AS  A  STATE  DESIGNATED HERITAGE AREA, SUCH
 COMMUNITY SHALL BE DEEMED TO BE ELIGIBLE TO PREPARE  A  MANAGEMENT  PLAN
 PURSUANT TO SECTION 35.05 OF THIS ARTICLE AND UPON APPROVAL OF SUCH PLAN
 BY THE COMMISSIONER, SHALL BE A STATE DESIGNATED HERITAGE AREA.
   4.  THE COMMISSIONER THROUGH GRANTS FROM FUNDS MADE AVAILABLE THEREFOR
 AND TECHNICAL ASSISTANCE FROM THE STATE  HISTORIC  PRESERVATION  PROGRAM
 SHALL SUPPORT:
   (A)  UNDERTAKING  COMPREHENSIVE  HISTORIC  RESOURCES  SURVEYS  FOR THE
 HISTORIC MARITIME COMMUNITIES WHERE EXISTING SURVEYS ARE NON-EXISTENT OR
 INADEQUATE, INCLUDING A SURVEY OF DISTRICTS;  SITES;  BUILDINGS;  STRUC-
 TURES;  STREETSCAPES;  AND  OBJECTS,  INCLUDING  VESSELS, SHIPWRECKS AND
 LANDSCAPES;
   (B) EVALUATING  RESOURCES  AND  IDENTIFYING  THOSE  DISTRICTS,  SITES,
 BUILDINGS, STRUCTURES AND OBJECTS OF HISTORIC SIGNIFICANCE AT THE LOCAL,
 STATE OR NATIONAL LEVEL WHICH MEET THE CRITERIA FOR LISTING ON THE STATE
 AND NATIONAL REGISTERS OF HISTORIC PLACES;
   (C)  IDENTIFYING  RESOURCES  OF OTHER HISTORIC OR CULTURAL INTEREST TO
 THE HISTORIC MARITIME COMMUNITY; AND
   (D) ENACTING  OF  MEASURES  BY  THE  HISTORIC  MARITIME  COMMUNITY  TO
 PRESERVE HISTORIC PROPERTIES.
   §  2.  Subdivision 2 of section 54-0901 of the environmental conserva-
 tion law, as amended by chapter 377 of the laws of 2008, is  amended  to
 read as follows:
   2.  "Historic  preservation  project"  means a project undertaken by a
 municipality  or  a  not-for-profit  corporation  to  acquire,  improve,
 restore  or rehabilitate property listed on the state or national regis-
 ters of historic places to protect the historic, cultural  or  architec-
 tural  significance  thereof  or  a  project  for planning or structural
 assessments for such properties. "Historic preservation  project"  shall
 also  mean  a  project  undertaken  by the office to improve, restore or
 rehabilitate state historic properties listed on the state  or  national
 registers  of  historic  places  to  protect the historical, cultural or
 architectural significance thereof or a project for planning relating to
 or structural assessments of such properties.   IN ADDITION,  A  PROJECT
 SHALL  INCLUDE  A COMPREHENSIVE HISTORIC MARITIME RESOURCES SURVEY FOR A
 HISTORIC MARITIME COMMUNITY AS IDENTIFIED PURSUANT TO SUBDIVISION TWO OF
 SECTION 35.14 OF THE PARKS, RECREATION  AND  HISTORIC  PRESERVATION  LAW
 UNDERTAKEN BY A MUNICIPALITY OR A NOT-FOR-PROFIT CORPORATION.
   § 3. This act shall take effect immediately, provided that section two
 of this act shall expire and be deemed repealed April 1, 2024.