N.Y. Public Buildings Law § 64: State use of suitable buildings of historic, architectural or cultural significance

§ 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.