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This entry was published on 2014-09-22
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SECTION 20.05
Legislative findings and determinations, and statement of purposes
Arts and Cultural Affairs (ACA) CHAPTER 11-C, TITLE E, ARTICLE 20
§ 20.05. Legislative findings and determinations, and statement of
purposes. 1. The legislature hereby finds, determines and declares:

(a) that cultural institutions in the state promote public interest in
and knowledge of the arts and other cultural activities; attract artists
and others with creative talents who live in proximity to and perform
work related to such institutions; and otherwise vitally contribute to
educational, recreational and cultural activities and opportunities of
benefit to the people of the state; and that such institutions provide a
wealth of specialized educational and cultural activities designed for,
among others, students, minority and ethnic populations, senior
citizens, the unemployed, consumers and citizens interested in the
performing arts; and that it is the sense of the legislature that the
contributions of such institutions to the people of New York state have
been exceptional;

(b) that such institutions are essential to the existence of cultural
centers in the state, contribute to the continued existence and growth
in the state of industries related to the arts and other cultural
activities, attract residents of and visitors to the state, including
patrons of the arts, generate substantial tax and other revenues in and
for the state, and otherwise vitally contribute to the economy and tax
base of the state;

(c) that recognizing the importance of and public purpose served by
such institutions, the state has appropriated and expended substantial
funds for and has otherwise supported and assisted such institutions;

(d) that there is a serious shortage of required space and facilities
for the continued existence, proper operation and needed growth of such
institutions and that there is a serious shortage of required modern
equipment, furnishing and installations for the continued existence,
proper operation and needed growth of such institutions;

(e) that owing to inflation, increases in the cost of energy and other
economic forces, operating expenses of many such institutions exceed
revenues from endowments and other sources; sufficient funds to pay
operating expenses and the costs of needed expansion, improvement and
rehabilitation of the space and facilities of such institutions are not
available from the state, municipalities or counties in the state or
other past sources of such funds; and unless corrective action is taken,
the needed expansion, improvement, equipping, furnishing and
rehabilitation of the space and facilities of such institutions will not
be undertaken and such institutions will be required to invade their
endowments and other capital assets to pay operating expenses, thereby
endangering the continued existence and operation of such institutions;

(f) that a public purpose would be served and the interests of the
people of the state would be promoted if the collections, endowments and
other capital assets of such institutions were preserved and expanded;
if continued operation in the state and needed expansion, improvement
and rehabilitation of the space and facilities of such institutions were
encouraged; and if action were taken to permit such operation and
expansion, improvement and rehabilitation without additional funds from
or adverse effects on the tax base of the state, counties or
municipalities of the state;

(g) that many such institutions own or plan to acquire valuable real
property or interests in real property which are unused or underuti-
lized, and such institutions are unable properly to develop or otherwise
fully to utilize and realize the value of such real property owing in
part to lack of expertise and in part to risks to their endowment,
collections and other capital assets;

(h) that appropriate development and utilization of such real property
and interest in real property and the purchase of capital equipment and
other personal property would foster continued operation in the state
and needed expansion, improvement and rehabilitation of the space and
facilities of such institutions without additional funds from or adverse
effects on the tax base of the state, counties or municipalities of the
state; would help provide suitable housing accommodations, commercial
uses and related facilities in proximity to such institutions; and would
otherwise promote the interest of the people of the state;

(i) that development of suitable housing accommodations, commercial
uses, and related facilities compatible with and complementary to such
institutions would help to maintain, strengthen and revitalize the areas
in which such institutions are located, that such development would
encourage such institutions to continue operation in such areas and
permit needed expansion, improvement and rehabilitation of the space and
facilities of such institutions, and that a public purpose would be
served and the interests of the people of the state would be promoted by
the development of such accommodations, uses and facilities in
combination with the facilities of such institutions;

(j) that many not-for-profit cultural organizations are in need of
development and/or rehabilitation of sufficient and appropriate space to
assure their continued existence and benefit for the people of the
state; and that sufficient funds to pay the costs of such needed space
and facilities of such organizations are not currently available from
the state, counties or municipalities; and that a program which would
utilize current resources and bring to bear other possible additional
resources for the development and rehabilitation of such space is
essential to the continued existence and operation of such organizations
and is therefore found by the legislature to be in the public interest;
and

(k) that based on past experience, the private sector alone will
continue to be unable properly to develop such real property and the
requirements of such institutions will not be met unless corrective
action is taken.

2. The legislature further finds, determines and declares that a
public purpose would be served and the interests of the people of the
state would be promoted by appropriate development of unused and
underutilized real property and interests in real property of such
institutions; that appropriate development of such real property
includes construction of cultural facilities and of combined-use
facilities consisting of institutional portions (including the
expansion, improvement or rehabilitation of the space and facilities of
such institutions) and non-institutional portions (including suitable
housing accommodations, related facilities and other lawful uses
compatible with uses of institutional portions of such facilities and
embodying architectural and design characteristics acceptable to such
institutions); and that construction of cultural facilities and of
combined-use facilities often provides the only economically feasible
method for utilizing such real property for needed expansion,
improvement and rehabilitation of the space and facilities of such
institutions.

3. The legislature further finds, determines and declares that a
public purpose would be served and the interests of the people of the
state would be promoted by the creation pursuant to this article of
public benefit corporations, known as trusts for cultural resources, to
provide for the appropriate development of unused and underutilized real
property and interests in real property of such institutions and for the
construction, equipping and furnishing of combined-use facilities, and
of cultural facilities in accordance with this article; that it is
necessary to grant to trusts for cultural resources the powers, rights
and duties provided by this article which include the delegation of part
of the sovereign power of the state; that the creation of trusts for
cultural resources, the exercise of such powers and rights, the
performance of such duties, and the carrying out of the purposes of
trusts for cultural resources are in all respects for the benefit of the
people of the state and are and will serve a public purpose; and that in
the exercise of such powers and rights, the performance of such duties
and the carrying out of such purposes, trusts for cultural resources
created under this article will be performing an essential public and
governmental function.