N.Y. Arts and Cultural Affairs Law § 20.05: Legislative findings and determinations, and statement of purposes

§ 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.