1. The Laws of New York
  2. Consolidated Laws
  3. Public Buildings
  4. Article 4-B: Historic and Cultural Properties


Section 64 State use of suitable buildings of historic, architectural or cultural significance

Public Buildings (PBB)

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.