9 NYCRR Part 435 - Executive Department

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Source versions current through Sep 15, 2021 - Mar 15, 2023 across sections

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9 NYCRR 435.1 - Authority and purpose

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

These regulations implement title 9 of article 52 of the Environmental Conservation Law which implements the Environmental Quality Bond Act of 1986. The act provides for the Commissioner of Parks, Recreation and Historic Preservation to be responsible for the administration of a program of State assistance for State, municipal, and not-for-profit historic preservation projects, municipal park projects and urban cultural park projects.

9 NYCRR 435.2 - Definition of terms

Source version current through Mar 15, 2023

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 15, 2023
Related Register notice: PKR-30-22-00001-A · Adopted rule
Related notice published: Mar 8, 2023
Related notice effective date: Mar 8, 2023

Whenever used in this Subchapter, the following terms shall mean and include:

(a)Acquisition shall mean acquiring title or a lesser interest in real property including development rights, an easement or a remainder interest. For purposes of Part 436 of this Title, acquisition shall also include leasehold.

(b)Certified minority- or women-owned business enterprise shall mean a business which has been verified as a minority- or women-owned business enterprise by the director of the Governor's Office of Minority and Women's Business Development pursuant to the provisions of section 314 of the Executive Law.

(c)Commissioner shall mean the Commissioner of Parks, Recreation and Historic Preservation.

(d)Federal assistance shall mean funds available, other than by loan, from the Federal government, either directly or through allocation by the State for construction or program purposes pursuant to any Federal law or program.

(e)Governing body shall mean:

(1)in the case of a town, a town board;

(2)in the case of a county outside of the City of New York, the county board of supervisors or other elective governing body;

(3)in the case of a city or village, the local legislative body thereof, as the term is defined in the Municipal Home Rule Law;

(4)in the case of a public benefit corporation, the board of directors, members or trustees thereof;

(5)in the case of a school district, the board of education thereof; and

(6)in the case of a supervisory district, the board of cooperative educational services thereof.

(f)

(1)Historic preservation project shall mean:

(i)State historical preservation project. A project undertaken by the Office of Parks, Recreation and Historic Preservation on historic property under the jurisdiction of the office.

(ii)Municipal historic preservation project. A project undertaken by a municipality to improve, restore or rehabilitate municipal historic property.

(iii)Not-for-profit historic preservation project. A project undertaken by a not-for-profit corporation for the acquisition or improvement, restoration or rehabilitation of historic property in which the not-for-profit corporation has an interest.

(2)As used in Part 436 of this Title in relation to historic preservation projects the following terms shall mean:

(i)Curation shall mean the care of artifacts and records associated with historic properties assisted with funds made available pursuant to this Subchapter.

(ii)Historic property shall mean a district, site, building, structure or object listed in the National or State Register of Historic Places.

(iii)Historic structure report shall mean the report which may be necessary for the development of a historic resource when the rehabilitation, restoration or reconstruction work involves fabricating significant missing architectural or landscape features, recapturing the appearance of a property at one particular period of its history or removing significant later additions. The report shall include, at a minimum, historical and documentary research, physical investigation, including archeology, and recommendations for action.

(iv)Improvement shall mean the act of upgrading the basic physical condition of a property in a manner consistent with the Secretary of the Interior's Standards. This includes upgrading mechanical systems, providing appropriate barrier-free access and bringing a property into conformance with building codes.

(v)National Register of Historic Places shall mean the national list of districts, sites, buildings, structures and objects significant in American history, architecture, archeology, engineering or culture maintained by the Secretary of the Interior under authority of the National Historic Preservation Act, as amended (16 U.S.C. §§ 470 et seq.).

(vi)Preservation shall mean the act or process of applying measures to sustain the existing form, integrity and material of a historic property. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic materials, the existing vegetative cover of a site or associated archeological deposits.

(vii)Professional shall mean an individual practicing in the areas of architecture, engineering, landscape, architecture, archeology or historic preservation. In the following definitions a year of full-time professional experience need not consist of a continuous year of full-time work but may be made up of discontinuous periods of full-time or part-time work adding up to the equivalent of one year of full-time experience. The following qualifications define the minimum education and experience required. In some cases, additional areas or levels of expertise may be determined by the commissioner to be necessary, depending on the complexity of the project and the nature of the property involved.

(a)Archeology—a graduate degree in archeology, anthropology or a closely related field plus:

(1)at least one full year of full-time professional experience or equivalent specialized training in archeological research, administration or management;

(2)at least four months of supervised field and analytic experience in general North American archeology;

(3)demonstrated ability to carry research to completion; and

(4)in addition to these minimum qualifications, a professional in prehistoric archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the prehistoric period. A professional in historic archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the historic period.

(b)Architecture, engineering or landscape architecture—a professional degree in architecture, engineering or landscape architecture plus at least three years of full-time professional experience; or a State license to practice.

(c)Historic architecture, historic engineering or historic landscape architecture—a professional degree in architecture, engineering or landscape architecture, or a State license to practice, plus one of the following:

(1)a graduate degree in historic preservation, architectural history, preservation planning or a closely related field and at least two years of full-time professional experience on historic preservation projects; or

(2)at least three years of full-time professional experience on historic preservation projects.

(d)Historic preservation:

(1)a graduate degree in preservation, architectural history, art history, historic preservation planning or a closely related field, plus two years of full-time professional experience on historic preservation projects; or

(2)a bachelor's degree in historic preservation, architectural history, art history, preservation planning or a closely related field, plus four years of full-time professional experience on historic preservation projects; or

(3)completion of a recognized training program in historic preservation, or a bachelor's degree in an unrelated field, plus five years of full-time professional experience on historic preservation projects; or

(4)ten years of full-time work experience on historic preservation projects.

(viii)Protection shall mean the act or process of applying measures designed to affect the physical condition of a historic property by defending or guarding it from deterioration, loss or attack or to cover or shield the property from danger or injury. In the case of buildings, structures and objects, such treatment is generally of a temporary nature and anticipates future historic preservation treatment; in the case of archeological sites, the protective measure may be temporary or permanent.

(ix)Reconstruction shall mean the act or process of reproducing by new construction the exact form and detail of a vanished building, structure, object or site or a part thereof, as it appeared at a specific period of time.

(x)Rehabilitation shall mean the act of returning a historic property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historic, architectural, engineering, archeological and cultural values.

(xi)Restoration shall mean the act of accurately recovering the form and details of a historic property and its setting as it appeared at a particular period of time by means of the removal of later work or by replacement of missing earlier work.

(xii)State Register of Historic Places shall mean the New York State lists of districts, sites, buildings, structures and objects significant in New York State history, architecture, archeology, engineering or culture maintained by the Commissioner of Parks, Recreation and Historic Preservation under authority of PRHPL, section 14.07.

(g)Local urban cultural park resource project shall mean a project which is within the boundaries of a designated urban cultural park and identified in a urban cultural park management plan as defined in this Part, and is not an interpretive/visitor center project.

(h)Minority shall mean a member of any of the following groups:

(1)Black persons having origins in any of the black African racial groups not of Hispanic origin;

(2)Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American origin, regardless of race;

(3)Asian and Pacific Islander persons having origins in the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands; and

(4)America Indian or Alaskan natives having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification.

(i)Minority-owned business enterprise shall mean any business enterprise which is at least 51 percent owned by, or in the case of a publicly owned business, at least 51 percent of the stock of which is owned by, citizens or permanent resident aliens who are minorities and such ownership interest is real, substantial and continuing. The minority-owned ownership must have and exercise the authority to independently control the day-to-day business decisions of the entity and must have had and exercised such authority for at least one year.

(j)Municipal park project shall mean a project undertaken by a municipality for the acquisition, development or improvement of outdoor or indoor recreation facilities, including but not limited to site acquisition, improvement, construction, reconstruction and improvement of structures, roads and parking facilities.

(k)Municipality shall mean, a city, county, town, village, public benefit corporation or school district or an improvement district within a city, county, town or village, or Indian tribe residing within New York State, or any combination thereof.

(l)Not-for-profit corporation shall mean a corporation subject to the Not-For-Profit Corporation Law and qualified for tax-exempt status under the Federal Internal Revenue Code.

(m)Office shall mean the Office of Parks, Recreation and Historic Preservation.

(n)Secretary of the Interior's Standards shall mean the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation as set out in 48 Federal Register 44716 et seq. (September 29, 1983). This reference is available for inspection and copying at the Counsel's Office, Office of Parks, Recreation and Historic Preservation, 625 Broadway, Albany, NY 12233 or at the Albany office of the New York State Department of State.

(o)State share shall mean only those funds made available pursuant to title 9 of article 52 of the Environmental Conservation Law and these regulations.

(p)Urban cultural park (UCP) shall mean an urban cultural park established pursuant to the provisions of PRHPL, article 31, title G, and enumerated at a State-designated urban cultural park in section 35.03 of such law as amended.

(q)Urban cultural park management plan shall mean a document prepared and approved by the Commissioner of Parks, Recreation and Historic Preservation in conformance with the provisions of PRHPL, section 35.05, which includes but is not limited to, a comprehensive statement in words, maps, illustrations or other media of communication, setting forth objectives, policies and standards to guide public and private uses for the preservation, interpretation, development and use of cultural, archeological, historic, natural and architectural resources of an urban cultural park.

(r)Women-owned business enterprise shall mean any business enterprise which is at least 51 percent owned by, or in the case of a publicly owned business, at least 51 percent of the stock of which is owned by, citizens or permanent resident aliens who are women, and such ownership interest is real, substantial and continuing. The women-owned ownership must have and exercise the authority to independently control the day-to-day business decisions of the entity and must have had and exercised such authority for at least one year.

9 NYCRR 435.3 - Distribution of funds

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)The distribution of funds for municipal park projects, each type of historic preservation project and urban cultural park projects shall be requested annually by the office for inclusion in the executive budget and action by the State Legislature.

(b)Consistent with the number of applications and the funds appropriated, the commissioner may, at his discretion, limit the maximum amount of money which may be made available for any one project. This amount shall be announced at the beginning of each grants cycle.

(c)The commissioner, at his discretion, may determine that funds made available pursuant to this Subchapter for any one project may be distributed to the grant recipient from more than one annum appropriation. This determination will be based on the number of applications received, the funds appropriated to the office and the ranking of the project. Subject to the appropriation of funds, the office shall set aside from subsequent years' appropriations the amount necessary to complete the project prior to the award of any new grant.

9 NYCRR 435.4 - General applicant information

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Application procedures for funds under this Subchapter shall depend on the type of project for which funds are sought. Applicants for funds for State, municipal or historic preservation projects should refer to Part 436 of this Title, applicants for funds for municipal park projects should refer to Part 437 of this Title and applicants for funds for urban cultural park projects should refer to Part 438 of this Title.

(b)It shall be the responsibility of the applicant to evaluate the proposed project using the eligibility criteria found in each Part and to determine under which program to apply for assistance.

(c)Some projects may consist of several elements which fit into different categories; for example, a historic property, such as a stone bridge, in a municipal park. Applicants are advised to divide the project into these elements and to submit a separate application for each element under the appropriate program.

(d)An applicant shall not submit an application for the same project to different programs for consideration during the same grants cycle. However, applications for separate elements of the same project may be submitted simultaneously. In our example, a municipality may simultaneously apply for a historic preservation grant to repair the stone bridge in the municipal park and a municipal park grant to develop a picnic area and playground.

(e)If an application does not receive funds in two consecutive grants cycles in one program, it may be submitted for funds under another program. The application should be refiled using the procedures of the second program.

9 NYCRR 435.5 - Affirmative action and equal employment opportunity program

Source version current through Mar 15, 2023

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 15, 2023
Related Register notice: PKR-30-22-00001-A · Adopted rule
Related notice published: Mar 8, 2023
Related notice effective date: Mar 8, 2023

Each grant recipient under this Subchapter shall be responsible for carrying out or for causing to be carried out a program for providing affirmative action and equal employment opportunity as described in this section. This section shall be applicable to grants awarded prior to June 1, 1989. For grants awarded after June 1, 1989, the provisions of article 15-A of the Executive Law, Participation by Minority Group Members and Women with Respect to State Contracts, shall apply.

(a)The office may direct each grant recipient to submit for approval either an affirmative action policy statement or an affirmative action plan as a condition for grant assistance. The plan or policy statement will be required with respect to employees of the grant recipient who will be providing design, construction and other services on the project.

(b)The grant recipient shall include and require that all contracts pursuant to this Subchapter and all documents soliciting bids or proposals therefor shall contain or make reference to the following provisions:

(1)The contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability, or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group persons and women are afforded equal opportunity without discrimination. Such programs shall include, but not be limited to, recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training.

(2)At the request of the office or the grant recipient the contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the grant recipient to furnish a written statement that such employment agency, labor union or representative shall not discriminate because of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will cooperate in the implementation of the contractor's obligations hereunder.

(3)The contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the contractor in the performance of the contract with the grant recipient, that all qualified applicants will be afforded equal employment opportunity without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

(4)The contractor will include the provisions of paragraphs (1) through (3) of this subdivision in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the grant recipient.

(c)

(1)The grant recipient shall determine for each prime contractor whether an affirmative action policy statement or an affirmative action plan shall be submitted for approval. Such determination shall be based on guidelines to be established by the office. Further, every subcontractor with a contract whose value is $10,000 or greater shall be required to submit to the grant recipient for its approval an affirmative action policy statement within 10 days of selection as a subcontractor. The grant recipient shall require every contractor and subcontractor with a contract whose value is $50,000 or more to submit for approval an affirmative action plan.

(2)The office may require or cause to be required that such policy statement or plan be submitted prior to the award of the contract. Such requirement shall be indicated in the notice for bid solicitation.

(d)The office may establish overall goals for project agreements to implement the affirmative action and equal employment opportunity programs. Goals shall be a quantitative objective for employment of minority and women workers. Goals shall be based on the following criteria:

(1)relevant demographic data;

(2)availability of minorities and women with the requisite skills;

(3)possibilities for recruitment of minorities and women;

(4)training which a contractor can reasonably be able to undertake as a means of making all job titles required for contract performance available to minorities and women;

(5)past performance in regard to affirmative action and equal employment opportunity; and

(6)other relevant facts or circumstances.

(e)Procedures.

(1)The office shall establish procedures and guidelines to ensure that the grant recipients and their contractors and subcontractors undertake programs of affirmative action and equal employment opportunity as required in this Part.

(2)Every contractor and every subcontractor with a contract whose value is $10,000 or greater shall be required to submit to the grant recipient such compliance reports relating to the operation and implementation of its affirmative action and equal employment opportunity plan as shall be determined by the office.

(f)Every grant recipient and its contractors and subcontractors shall be required to make good faith efforts to meet goal requirements. Good faith efforts may include:

(1)advertisement in appropriate general circulation, trade and minority and women-oriented media;

(2)timely notice of job opportunities;

(3)the development and maintenance of lists for purposes of notifying minorities and women of employment opportunities; and

(4)maintenance of records required by the office for documenting the contractor's actions which identify minorities and women soliciting employment opportunities.

(g)Sanctions may be imposed by the office for failure to meet goal requirements unless the office determines that goal requirements should be waived because a grant recipient has made a good faith effort to comply with such requirements. Sanctions may include the following:

(1)reduction of the agreement price;

(2)suspension or termination of the agreement;

(3)retention of payments until compliance is achieved; and

(4)other penalties of which a grant recipient has notice in writing prior to or during the performance of an agreement.

(h)Any person having a question about any determination made pursuant to this Part may contact the Commissioner of Parks, Recreation and Historic Preservation, Office of Parks, Recreation and Historic Preservation, 625 Broadway, Albany, NY 12233, (518) 474-0443.

9 NYCRR 435.6 - Minority and women-owned business enterprise program

Source version current through Mar 15, 2023

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 15, 2023
Related Register notice: PKR-30-22-00001-A · Adopted rule
Related notice published: Mar 8, 2023
Related notice effective date: Mar 8, 2023

(a)The office shall establish procedures and guidelines to ensure that grant recipients and their contractors and subcontractors undertake programs to utilize minority and women-owned business enterprises on projects undertaken pursuant to this Subchapter. This section shall be applicable to grants awarded prior to June 1, 1989. For grants awarded after June 1, 1989, the provisions of article 15-A of the Executive Law, Participation by Minority Group Members and Women with Respect to State Contracts, shall apply.

(b)Each grant recipient shall be responsible for requiring each contractor to submit a minority and women-owned business enterprise utilization plan prior to the award of a contract.

(c)Goals.

(1)The goals for the participation of minority and women-owned business enterprises on projects under this Subchapter shall be as follows:

(i)for minority-owned business enterprises, a goal of at least 12 percent of the total dollar value of contracts awarded; and

(ii)for women-owned business enterprises, a goal of at least five percent of the total dollar value of contracts awarded.

(2)These goals may be adjusted on the basis of the following criteria:

(i)relevant demographic data;

(ii)availability of minority and women-owned business enterprises selling services or goods needed for contract performance;

(iii)possibilities for solicitation of minority and women-owned business enterprises;

(iv)past performance in regard to minority and women-owned business programs;

(v)the office's ability to identify minority and women-owned businesses which can be used by contractors to comply with the goal requirements of the office; and

(vi)other relevant facts or circumstances.

(d)The grant recipient shall include and require that all contracts pursuant to this Subchapter and all documents soliciting bids or proposals therefor shall contain and make reference to the following provisions:

(1)that the contractor comply with the recordkeeping, reporting and notice requirements of this section; and

(2)that sanctions will be imposed for a contractor's failure to comply with the requirements of this section.

(e)Every grant recipient and its contractors and subcontractors shall be required to make good faith efforts to meet goal requirements. Good faith efforts may include:

(1)advertisement in appropriate general circulation, trade and minority and women-oriented media;

(2)timely notice of contract opportunities;

(3)the development and maintenance of lists for purposes of notifying minorities and women of contracting opportunities; and

(4)maintenance of records required by the office for documenting the contractor's actions, which identify minority and women contract opportunities.

(f)Sanctions may be imposed by the office for failure to meet goal requirements unless the office determines that goal requirements should be waived because a grant recipient has made a good faith effort to comply with such requirements. Sanctions may include the following:

(1)reduction of the agreement price;

(2)suspension or termination of the agreement;

(3)retention of payments until compliance is achieved; and

(4)other penalties of which a grant recipient has notice in writing prior to or during the performance of an agreement.

(g)Any person having a question about any determination made pursuant to this Part may contact the Commissioner of Parks, Recreation and Historic Preservation, Office of Parks, Recreation and Historic Preservation, 625 Broadway, Albany, NY 12233, (518) 474-0443.

(h)In the implementation of this section, the office shall consider compliance by any contractor with the requirements of any Federal, State or local law concerning minority and women-owned business enterprises, which may effectuate the requirements of this section. If the office determines that by virtue of the imposition of the requirements of any such law, in respect to capital project contracts, the provisions thereof duplicate or conflict with such law, the office will waive the applicability of this section to the extent of such duplication or conflict.

(i)In order to implement the requirements and objectives of this section, the office shall establish procedures to monitor all contractors' compliance with provisions of this section, provide assistance in obtaining competing certified minority and women-owned business enterprises to perform contracts proposed to be awarded, and take other appropriate measures to improve the access of minority and women-owned business enterprises to these contracts.

9 NYCRR 435.7 - Project agreements; maintenance of effort

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Each grant recipient shall enter into a project agreement with the office for the funding of the project. Such project agreement shall contain provisions which shall include, but not be limited to, the following:

(1)The proposal or application which was submitted to the office and approved by the commissioner, with such modifications as may be required by the commissioner for such approval, shall be made a part of the project agreement. No changes may be made to such proposal or application, as modified, without the written approval of the commissioner.

(2)The agreement shall provide for the public to have such access to the facility or property, and for such period of time, as shall be determined by the commissioner to be appropriate to that project.

(3)There shall be barrier-free access for disabled patrons in accordance with applicable New York State statutes.

(4)A project sign in a form to be determined by the office shall be installed on the property.

(5)All contracts for work under this Subchapter shall be publicly bid in accordance with section 103 of the General Municipal Law.

(6)The agreement shall contain a project term.

(7)The provisions of sections 435.5 and 435.6 of this Part shall be a part of the agreement. Further, the grant recipient will include the provisions of sections 435.5 and 435.6 in every contract in relation to the project agreement in such a manner that such provisions will be binding upon each contractor and subcontractor as to its work in connection with the project agreement.

(8)The agreement shall include such other provisions as shall be required by State law, the Attorney General, the State Comptroller and the office.

(b)Maintenance of effort.

Each recipient of funds made available under this Subchapter shall be required to certify that such assistance will supplement and not supplant funds already appropriated or identified by the applicant for the implementation of the project.

9 NYCRR 435.8 - Public participation

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Annual report.

The office shall prepare and make available an annual report on the implementation of title 9 of article 52 of the Environmental Conservation Law and these regulations.

(1)Such report shall include, but not be limited to, the following:

(i)the distribution of all funds during the preceding fiscal year and since the enactment of title 9 of the Environmental Conservation Law, by program and by category of project;

(ii)the distribution of funds by county and by State park region;

(iii)the distribution of funds among projects that are related to natural resource protection/interpretation and passive recreation; facility development or construction; or a combination of resource protection and facility development;

(iv)the distribution of funds for the acquisition of land or facilities, development of new facilities or rehabilitation of existing facilities; and

(v)the distribution of funds between indoor and outdoor municipal park projects.

(2)The report will be available to the general public for review and comment. Notice of its availability will be provided through a statewide press release and publication in the Environmental Notice Bulletin. Copies of the report will be distributed by direct mailing to interest groups and organizations.

(b)Workshop.

Following distribution of each annual report, the office will conduct a workshop(s) for discussion of the implementation of title 9 of the Environmental Conservation Law and issues raised by the report, for identification of concerns and for recommendations for improvements in program administration and changes to the regulations and ranking and review procedures. Results from the workshop(s) will be summarized and made available to participants and other interested parties.

(c)The analysis of the distribution of grants in the annual report and the comments made at the workshop(s) will be evaluated by the office in the preparation of revisions to the regulations and ranking and review procedures.

(d)Proposed changes to the regulations and ranking and review procedures will be submitted to the State Board for Historic Preservation; the State Council of Parks, Recreation and Historic Preservation; the New York State Urban Cultural Parks Advisory Council; and the EQBA Advisory Task Force for review and comment.

(e)Substantive changes to the regulations and the ranking and review procedures will be subject to review under the State Environmental Quality Review Act.

(f)EQBA advisory task force.

(1)Within three months of the adoption of this Subchapter, the commissioner shall form an EQBA advisory task force. The task force shall consist of twelve members: two members with expertise in each of the program areas of historic preservation, municipal parks and urban cultural parks, two members representing the Department of Environmental Conservation, two members representing the environmental community and two members from the public at large. Members shall be appointed by the commissioner and serve at his discretion, except that the members representing the Department of Environmental Conservation shall be appointed by the Commissioner of Environmental Conservation.

(2)The task force shall meet at the direction of the commissioner but in no event shall it meet less than once each year following completion of the annual report.

(3)The chairman of the task force shall be designated from among its members by the commissioner.

(4)It shall be the responsibility of the EQBA advisory task force to review the annual report and to make recommendations to the commissioner regarding the implementation of title 9 of article 52 of the Environmental Conservation Law. Such recommendations may address topics which shall include, but not be limited to, project eligibility criteria, application procedures, project rating and ranking criteria, approval guidelines, revisions to regulations, criteria for funding distribution, coordination with title 7 of article 52 of the Environmental Conservation Law and additional public participation in the implementation of these regulations which the commissioner may wish to seek. It is understood that the purpose of the EQBA advisory task force is to make recommendations regarding the overall implementation of title 9 and this Subchapter; not to review or make recommendations relating to specific project applications.

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