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This entry was published on 2014-09-22
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SECTION 64
State use of suitable buildings of historic, architectural or cultural significance
Public Buildings (PBB) CHAPTER 44, ARTICLE 4-B
§ 64. State use of suitable buildings of historic, architectural or
cultural significance. 1. The commissioner shall prepare and maintain
long range projections for the public building needs of state
government. In consultation with the state commissioner of parks and
recreation, the chairman of the state board for historic preservation
and municipal preservation boards and commissions, the commissioner
shall identify existing buildings within the state that (a) are of
historic, architectural or cultural significance and (b) would be
suitable, whether or not in need of repair, alteration or addition, for
purchase or lease to meet the public building needs of state government.

2. The commissioner of parks and recreation shall keep on file a list
of all properties which are on the state register and which the owners
of such properties have indicated are available for the purchase and/or
lease by state agencies, or properties which have been brought to the
attention of the commissioner of parks and recreation by their owners as
being available for such purposes and have been determined by the
commissioner of parks and recreation to be eligible for listing on the
state register.

3. As early as may be practicable in the decision making process, in
addition to any other requirements of law prior to the approval of
contracts or actions necessary to construct or acquire by purchase or
lease for a period of one year or more building space for use by state
agencies, the commissioner or chief executive officer of any state
agency responsible for acquisition of space shall so notify and consult
with the commissioner of parks and recreation as to the existence and
availability of historic properties listed on the state or national
register or determined by the commissioner of parks and recreation to be
eligible for listing on the state register and the suitability of these
buildings, whether or not in need of repair, alteration or addition, to
meet the public building needs of state government. The commissioner of
the office of parks and recreation shall report such notifications and
consultations to the state board for historic preservation. The
commissioner of general services and the chief executive officer of any
other state agency shall give first priority to utilization of suitable
buildings of historic, architectural or cultural significance unless
such space would not prove feasible, compatible with the intended
operation of state business and prudent compared with available
alternatives. The commissioner shall review and evaluate all timely and
documented recommendations for using existing buildings of historic,
architectural or cultural significance within the geographically
relevant area. For purposes of this subdivision, "a geographically
relevant area" means those municipalities located in the area where the
particular public building need can be met.

4. The commissioner, in consultation with the commissioner of parks
and recreation, may by rule and regulation identify minor acquisition or
lease actions or classes of such actions which because of the small
amount of space involved or other characteristics are not likely to have
a significant impact upon the public policy set forth in this article
and such action or actions shall be exempt from the provisions of this
subdivision. The provisions of this subdivision shall not apply to the
acquisition or lease of building space when the commissioner makes an
explicit finding that an immediate acquisition or lease of building
space is required by public necessity.

5. The commissioner in consultation with the commissioner of parks
and recreation shall adopt such procedures and rules and regulations as
are necessary to carry out the requirements of this section.