Current through Register Vol. 46, No. 39, September 25, 2024
WHEREAS, the State of New York has considerable real
property assets which are used for a variety of necessary public purposes
including office buildings, highways, correctional institutions, facilities for
the mentally handicapped, public parks, open spaces, or other uses;
WHEREAS, as it does with any other resources, the State
must continually monitor the inventory, condition and deployment of its real
property assets to assure they are effectively and appropriately
managed;
WHEREAS, the maintenance of a comprehensive inventory of
State real property and the development of a clear and consistent
administrative process to identify real property that is vacant, unused,
underused, or inefficiently used and to determine the best use for such real
property is necessary to ensure that surplus State real property is used in
such a way as to advance State objectives;
NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of
New York, by virtue of the authority vested in me by the Constitution and Laws
of the State of New York, do hereby order as follows:
I. Real Property Planning and Policy Review
Committee
1. There is hereby created within
the Executive Department a committee to be known as the Real Property Planning
and Policy Review Committee (the "Committee"). The Committee shall develop an
administrative process, consistent with applicable law, to review, analyze and
oversee the transfer, rededication or conveyance of the State's real
property.
II. Membership
1. The members of the Committee shall include
the Director of State Operations and Policy Management, the Commissioner of
General Services and the Director of the Budget. The Director of State
Operations and Policy Management shall be the chair of the Committee.
III. State Real Property Inventory
1. Executive officers of all State agencies,
departments, boards, bureaus, commissions, divisions, offices, councils and
committees (hereinafter referred to as "State agency" or "State agencies")
shall provide to the Office of General Services a complete and accurate listing
of all real property assets currently under their jurisdiction or control,
pursuant to Section IV herein.
2.
The Commissioner of General Services shall, as soon as practicable after
receiving the listings described in Section IV herein, revise and update the
State' s real property inventory to include all real property assets owned by
or under the control or jurisdiction of any State agency (the
"Inventory").
3. Executive officers
of all State agencies shall provide regular and periodic updated listings of
the real property under their jurisdiction or control to the Office of General
Services, at the times and in a manner prescribed by the Committee.
4. The Inventory shall thereafter be updated
by the Office of General Services, as directed by the Committee.
5. The Inventory shall include sufficient
information about each real property asset to enable the Commissioner of
General Services as well as any State agency to determine the current use of
each real property asset and its potential for other uses. The Commissioner of
General Services shall provide to the Committee reports, analyses and
recommendations relative to the maintenance, updating and utilization of the
Inventory.
IV. Powers
and Duties of the Committee
1. The Committee
shall first require from all State agencies a listing of all real property
assets that are not in active State use or directly and necessarily related to
an active State use, and shall set a timetable for the listing of all other
real property assets.
2. The
Committee shall, consistent with applicable law, consult with the State agency
or governmental entity having jurisdiction over a particular real property
asset, and may consult with other affected or interested State agencies or
governmental entities, to determine which real property assets may be vacant,
unused, underused or inefficiently used.
3. Upon identifying those real property
assets that are vacant, unused, underused, or inefficiently used, and are
appropriate for another use, the Committee shall make the listing available to
interested State agencies and shall, on its own initiative or at the request of
any State agency, determine the best use for such real property according to
the needs and policies of the State of New York, consistent with existing
law.
4. The Committee may consult
with representatives of any State agency regarding the eventual use of or
status of State real property. Any State agency having an interest in any State
real property may also make recommendations regarding the use of that real
property to the Committee.
5. The
Committee may consult with any local governmental entity regarding the use of
State real property located within its boundaries, and the entity may receive a
listing of vacant, unused, underused or inefficiently used real property assets
within its boundaries. The Committee may request assistance and data, create
sub-committees and seek whatever assistance is necessary as will enable it to
carry out its powers and duties hereunder.
6. After determining the best use for such
real property assets, the Committee shall oversee the transfer, rededication or
conveyance of any real property asset by the authorized State agency,
consistent with applicable law, to the appropriate entity to implement that
use.
7. The Committee shall also
periodically review the Inventory.
8. The Committee is hereby authorized to
develop guidelines for implementation of this Order as it deems necessary and
to use whatever resources it determines are necessary and available.
9. The Committee shall perform these duties
in accordance with the general procedures set forth in this Executive Order and
as directed by the Governor.
V. Cooperation of State Agencies
1. All State agencies shall cooperate with
and provide any assistance deemed necessary to the Committee and the
Commissioner of General Services to carry out the purposes of this Order,
including but not limited to providing information at the request of the
Committee or the Commissioner of General Services as may be determined to be
necessary to carry out the purposes of this Order.
VI. Public Authorities and Other Agencies
Public authorities, public benefit corporations and
agencies not covered by this Order are requested to cooperate with and provide
assistance and information as requested by the Committee and the Commissioner
of General Services in a manner consistent with the provisions of this Order.
Such cooperating entities shall also:
1) be entitled to receive any and all
information made available to State agencies under this Order; and
2) may make requests of or consult with the
Committee in the same manner as prescribed for State agencies.
VII. Effective Date
This Executive Order shall take effect immediately.
Signed: Mario M. CuomoDated: March 6, 1990
[FN*] [Revoked by Executive Order No. 31 (George E.
Pataki), infra.]
[FN[DAGGER]] [Revoked by Executive Order No. 5 (Eliot
Spitzer), infra.]
[Revoked by Executive Order No. 9 (David A. Paterson),
infra.]
[Revoked by Executive Order No. 2 (Andrew M. Cuomo),
infra.]
