This sign-on letter follows an earlier public comment from the League and our Preservation Colleagues, which you can find here. For a PDF of the December 13 letter, click here.

December 13, 2024
Advisory Council on Historic Preservation
Sarah Bronin, Chair
401 F Street NW, Suite 308
Washington, DC 20001

Dear Chair Bronin:

Thank you for the opportunity to comment on the revised Program Comment on Certain Housing, Building, and Transportation Activities. On behalf of the undersigned New York-based preservation nonprofit organizations, the Preservation Colleagues network, the Preservation League of New York State respectfully submits the following comments.

We appreciate that many of our concerns were addressed and that the document is easier to follow. We have no major concerns with the processes and activities covered under Appendix A of the revised Program Comment.

However, we remain concerned that State Historic Preservation Offices (SHPOs) are essentially cut out of the Section 106 process for any activities covered under Appendix B. We appreciate the gesture of adding the option for federal agencies to consult with the relevant SHPO (Appendix B, Section 1) but this is unlikely to occur in practice. By not consulting with SHPO, federal agencies and/or their consultants are left with little accountability and are left to make their own determinations regarding National Register eligibility.

The lack of notification requirements remains a concern as well. With respect to Dispute Resolution (Section VI), how and when would a member of the public, local government, SHPO, or other entity become aware of an undertaking? Without consultation requirements, how will there be any consulting parties?

Finally, the lack of notification requirements and the lack of SHPO input could result in the intentional or unintentional loss of historic resources and/or character defining features that have not yet been identified in surveys or listed in the National Register. This could disproportionately impact historically marginalized communities, which are generally less well documented.

Thank you for your consideration.

Sincerely,

Adirondack Architectural Heritage, Erin Tobin, Executive Director
Friends of the Upper East Side Historic Districts, Nuha Ansari, Executive Director
Historic Albany Foundation, Pamela Howard, Executive Director
Historic Districts Council, Frampton Tolbert, Executive Director
Historic Ithaca, Susan Holland, Executive Director
Landmark Society of Western New York, Wayne Goodman, Executive Director
New York Landmarks Conservancy, Peg Breen, President
Preservation Association of Central New York, Nicole M. Fragnito, Executive Director
Preservation Buffalo Niagara, Bernice Radle, Executive Director
Preservation League of New York State, Jay DiLorenzo, President
Preservation Long Island, Tara Cubie, Preservation Director
Saratoga Springs Preservation Foundation, Samantha Bosshart, Executive Director
TAP Inc., Barb Nelson, AIA, Executive Director
Village Preservation, Andrew Berman, Executive Director

December 9, 2024

The Honorable Kathy Hochul
Governor of New York State
New York State Capitol Building
Albany, NY 12224

Re.: New York State Historic Preservation Tax Credit (Click here for a PDF of this letter)

Dear Governor Hochul,

On behalf of the undersigned, a coalition of advocates and practitioners in the fields of historic preservation and affordable housing, thank you for your commitment to historic preservation, affordable housing, and community development projects throughout the state.

Together, we are advocating for important enhancements to the New York State Historic Preservation Tax Credit (NYS HTC) program that will advance the development of affordable housing and community development projects in New York State, while saving the state money. We urge you to include these enhancements to the Historic Preservation Tax Credit in your FY 2025-26 Executive Budget proposal.

The NYS HTC has been an indispensable tool for revitalization in New York State. By incentivizing the reuse of our existing historic buildings, it has encouraged sustainable, environmentally friendly development that has kept valuable building materials out of landfills, strengthened existing walkable communities, reduced greenfield development, and protected our historic buildings and downtowns. Communities throughout New York have used the NYS HTC to transform their Main Streets and downtowns. In Buffalo alone, projects that would not have succeeded without the NYS HTC include the Richardson Complex, Larkinville, Lafayette Hotel, Artspace Buffalo, and the Evergreen Lofts, among many others. It is also a highly effective tool for housing creation: since 2010, the NYS HTC has been responsible for the creation of 29,173 housing units, 15,400 of which are low/moderate income units.

Current New York State law requires the NYS HTC to be allocated in the same manner, and to the same parties, as the Federal Historic Preservation Tax Credit. This required allocation depresses the pricing of both tax credits by limiting the pool of tax credit users. This means less money flowing to important community revitalization and housing projects. As development costs rise, and buildings become more challenging to develop, we need to enhance this important tool now to keep our momentum going. Allowing the allocation of the NYS HTC to investors other than those who are allocated the Federal Historic Credit, or “bifurcating” the credit, would open up and broaden the investor market. The additional step of “certificating” the credit, would further serve to increase the value of the credit, thus injecting more equity into these projects.

Current law also requires projects to be “in whole or in part located within a census tract which is identified as being at or below one hundred percent of the state median family income.” This limitation restricts the ability to access NYS HTCs for many low-income buildings in nearby census tracts that are above the one hundred percent threshold. Accordingly, we support authorizing NYS HTCs to be used for any qualified historic rehabilitation projects, regardless of census tract, provided such projects satisfy the criteria for affordable housing. This simple change would create greater flexibility in the use of NYS HTCs and expand the number of projects that can be rehabilitated for affordable housing.

Enhancing the NYS HTC in this modest yet impactful way would have some big benefits.

1. More affordable housing. A more flexible program would increase the attractiveness of tax credits amongst new investors who would provide greater private investment dollars in New York State projects.

2. Less cost to New York State. With greater private investment, New York State will be relieved of the need to add additional public funds to get these projects done.

3. More money for projects. Credits have reduced value to an investor if they can’t take full advantage of them. We are “leaving money on the table” if credits are used at a reduced cost or not all.

4. We will be helping the climate. Building demolition and new construction is a major source of greenhouse gas emissions, and it pours tons of materials into our landfills each year. If we incentivize building reuse, we are helping the environment.

Notably, the Assembly and the Senate introduced legislation during the 2024 session (A.9722/S.9071) that would have made the bifurcation and certification improvements discussed above. While the legislation unanimously passed the Senate, it unfortunately did not pass in the Assembly prior to the end of session.

Let’s make these meaningful enhancements to the NYS HTC now and build a better New York one building at a time.

Sincerely,

Adirondack Architectural Heritage, Erin Tobin Executive Director
C.B. Emmanuel Realty, Ben Upshaw Managing Partner
Carmina Wood Design, Steven J. Carmina, AIA President/CEO
Carmina Wood Design, Paul R. Lang, AIA Managing Principal
Common Bond Real Estate LLC, Jason A. Yots, President
Historic Albany Foundation, Pamela Howard, Executive Director
Historic Districts Council, Frampton Tolbert, Executive Director
Historic Ithaca, Christine O’Malley, Preservation Services Director
Home Leasing, Bret Garwood, CEO
Johnson-Schmidt Architect, P.C., Elise Johnson-Schmidt, AIA
Landmark Society of Western New York, Wayne Goodman, Executive Director
Monroe Building LLC, Derek King, Manager
New York Landmarks Conservancy, Peg Breen, President
New York State Association for Affordable Housing, Jolie Milstein, President and CEO
Otsego 2000, Ellen Pope, Executive Director
Preservation Association of Central New York, Andrew Roblee, President
Preservation Association of Central New York, Nicole Fragnito, Executive Director
Preservation Buffalo Niagara, Bernice Radle, Executive Director
Preservation League of New York State, Jay DiLorenzo, President
Preservation Long Island, Tara Cubie, Preservation Director
Preservation Studios LLC, Mike Puma, Director of Technical Services
RUPCO, Kevin O'Connor, CEO
Ryan, Albert Rex, Principal, Tax Credits
Saratoga Springs Preservation Foundation, Samantha Bosshart, Executive Director

The League is among dozens of organizations who co-signed this open letter to Governor Kathy Hochul, urging her prioritize environmental funding programs in the FY2025-26 State Budget. Click here for a PDF of this letter.

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November 21, 2024

Governor Kathy Hochul
Executive Chamber
New York State Capitol
Albany, NY 12224

RE: FY2025-26 New York State Budget

Dear Governor Hochul,

On behalf of the undersigned members of New Yorkers for Clean Water and Jobs, a broad coalition of conservation, environmental justice, labor, business, local government, outdoor recreation, and public health groups, thank you for your work to continue New York’s environmental leadership. State funding is essential for communities to deliver clean water, clean air, access to nature, and local jobs to New Yorkers, as well as leveraging local and federal funding for projects.

Environmental programs provide significant benefits to New Yorkers. These programs contribute billions to the state economy, creating jobs in construction, tourism, retail and many other sectors. Environmental funding protects public health by removing pollution from air and water, and now with many programs mandating significant funding for disadvantaged communities, these benefits will reach more New Yorkers including those that have historically suffered the impacts of pollution the most. As our climate changes and deadly threats including flooding and heat face neighborhoods across the State, environmental funding helps conserve the natural resources New Yorkers depend on to reduce these climate impacts.

In order to build on the important progress happening in communities throughout the State, we write to respectfully ask the following environmental funding programs to be prioritized in your 2025-26 Executive Budget Proposal:

Appropriate at Least $500 Million for the Environmental Protection Fund (EPF)

We urge you to increase the EPF appropriation to $500 million in the next State budget. We appreciate that your administration has provided significant funding to the EPF and, after discussion with the Legislature, has abandoned problematic proposals such as offloading agency operating costs into the fund, which would reduce project funding. We urge you to continue to support agencies as they find efficiencies for program administration to speed up annual disbursements from the EPF.

The EPF has consistently enjoyed bi-partisan support in the Legislature and has funded beneficial projects in every county of the state, including every borough of New York City. EPF programs are essential to the resiliency, sustainability and quality of life in New York. These programs protect clean water; support our zoos, aquaria, and botanical gardens; advance environmental justice; conserve land and water including local farms and forests; create new parks and trails that promote equitable access to nature; support climate adaptation and mitigation projects; fund community recycling programs; and prevent pollution. EPF programs also support hundreds of thousands of jobs across the state, and EPF-supported industries generate approximately $40 billion in economic activity every year.

Many EPF programs have years-long waiting lists for funding or need that far outpaces current appropriations. Continuing to effectively move these programs forward and scale up their impact will complement the Bond Act and other environmental programs that protect clean water and create jobs.

$600 Million for the Clean Water Infrastructure Act

We urge you to appropriate $600 million for the Clean Water Infrastructure Act (CWIA) in your FY 2025-26 budget proposal. This will further work in New York communities to address pressing infrastructure needs and leverage significant federal dollars for water projects.

Your administration’s continued work to award grants to projects has been effective, and we appreciate the hundreds of millions of dollars in funding that have been announced for water quality improvement projects throughout the state since you took office. Furthermore, we understand that a significant portion of this funding is reaching disadvantaged communities. We ask you to continue this important work and discuss with stakeholders opportunities to create further efficiencies and program flexibility to expand further access to these funding programs.

We urgently need to continue to modernize New York’s aging drinking water and wastewater infrastructure that can’t keep up with the state’s current needs. New York communities – rural and urban, in all regions of the state –continue to suffer the consequences of failing infrastructure such as boil water orders in municipalities like the Village of Fonda and cities like Syracuse, where over 10% of homes sampled had more than 4 times the EPA limit for lead. Infrastructure failures like these put public health and safety at risk, and we must continue the critically important work of upgrading across the state.

According to the US Environmental Protection Agency 2022 Clean Watersheds Needs Survey, New York clean water infrastructure systems – including wastewater treatment, stormwater management, nonpoint source pollution prevention or mitigation and decentralized wastewater management – require approximately $54 billion in upgrades. According to the US Environmental Protection Agency 2023 Drinking Water Infrastructure Needs Survey and Assessment, the State’s needs are approximately $35 billion for upgrades to drinking water systems to continue providing clean drinking water to New Yorkers.

The State has made important investments in water infrastructure programs, including the Clean Water Infrastructure Act (CWIA), to protect clean drinking water, and prevent pollution from reaching our lakes, rivers, and streams. These investments must continue, and grow, to further progress against these significant needs. Annual WIIA funding compliments other sources of funding for water infrastructure including the EPF, the Bond Act, the federal Infrastructure and Jobs Act, the Clean Water and Drinking Water State Revolving Funds, and regional and municipal funds.

Capital Funding for New York State Parks and Department of Environmental Conservation

2024 marked the centennial of our world-class state parks system, an incredible asset to all New Yorkers. Throughout the COVID crisis, state residents relied on these parks to recreate, exercise, and find solace during extremely difficult times. While the crisis phase of the pandemic has ended, the renewed engagement in outdoor recreation across New York has continued. Visitation at State Parks remains high, and this demand requires additional investment that will generate important returns for our state’s economy.

An economic impact report conducted by Parks & Trails New York, The Political Economy Research Institute, and The Natural Heritage Trust released last month found that the GDP of New York State Parks and Historic Sites amounted to $3.7 billion in 2021, an economic impact similar to that of the state’s agricultural sector. Based on the significant benefit our State Parks provide to New Yorkers and the economic returns generated by investments in these resources, we urge you to appropriate at least $200 million in capital funding for New York State Parks for FY 2025-26.

Like our state parks, state owned lands and waters under the care of the New York State Department of Environmental Conservation (DEC) enable New Yorkers to spend time outdoors for recreational activities including but not limited to hiking, fishing, boating and hunting. Outdoor recreation in New York generates $21.1 billion in economic activity and supports over 241,000 jobs with $13.1 billion in compensation. Investments in our natural resources pay major dividends for New York.

We ask that you to appropriate at least $100 Million in capital funds for the DEC in your budget proposal. Annual capital appropriations to DEC enable critical infrastructure projects and programs, including “Adventure New York” that support the record visitation our state lands are now experiencing. These projects protect natural resources, enhance visitor safety and enjoyment, and create new access to the outdoors in all regions of the state. In addition to Adventure New York, capital funding for DEC supports critical health and safety projects that protect the environment and the people of New York State.

Continuing to Implement the $4.2 billion Clean Water, Clean Air and Green Jobs Environmental Bond Act

According to data on the New York State Environmental Bond Act website, funds equivalent to more than 1/8 of the entire $4.2 billion Bond Act have been awarded to projects throughout New York, based on the program appropriations included in the enabling legislation passed in 2022. We applaud your Administration for issuing many draft guidelines for implementation and seeking public input on program design.

We are aware of concerns about New York City’s ability to access and leverage Bond Act funding based on their size and issues including program caps. Bond Act funding is needed throughout the State and must be distributed in a way that benefits all New Yorkers. Furthermore, it is critical that the State meet or exceed the mandate to spend 35-40% of Bond Act dollars in disadvantaged communities. With New York City being home to more than 8 million New Yorkers, and significant number of disadvantaged communities as identified by the Climate Justice Working Group, we urge your Administration to work with the City of New York to evaluate policies that may enable Bond Act programs to take into account the unique needs and circumstances of the City and determine how adjustments can be made to address procedural barriers to funding.

We urge you to continue your Administration’s work to implement the Bond Act, including issuing new requests for proposals for Bond Act programs, authorizing state agencies to add staff to administer funding, make programmatic adjustments to enable Bond Act spending and make programs more efficient and effective. Many of our organizations stand ready to provide technical expertise and support to state agencies as these programs are shaped. Tapping external stakeholders with issue expertise and deep experience in a diversity of communities throughout New York will enable the creation of programs that are effective and accessible.

Make Strategic Staff Enhancements at Environmental Agencies

The professionals working at the State’s environmental agencies are the front line of program implementation and natural resources conservation. From protecting clean water and air to implementing federal and state laws including the Climate Leadership and Community Protection Act to conducting community engagement and grant programs, DEC staff enable the realization of the state’s environmental vision and leadership. Our understanding is that DEC has reached its current staff “fill level.” Strategic staff additions of approximately 225 new FTEs are needed throughout different divisions and offices within DEC to enable efficient program implementation including permitting, planning, grants, public safety and more.

Likewise, additional capacity is needed at the Department of Health (DOH) for effectively implementing new clean water programming and public health requirements. Federal mandates, including the implementation of new federal regulations from US Environmental Protection Agency that require the replacement of nearly 500,000 lead service lines by 2037 and more stringent drinking water standards for PFOA and PFOS, will necessitate additional DOH resources to ensure the public is protected and these critical health standards are safely implemented. The new drinking water standards for PFOA and PFOS are estimated to cause an additional 296 utilities to exceed drinking water standards and require advanced treatment and will require additional resources so that New York State can meet them in a timely manner.

As you prepare your Executive Budget Proposal we urge you to prioritize environmental funding – including the EPF, CWIA, capital funding for OPRHP and DEC, strategic state agency staff additions and implementation of the Bond Act. Environmental funding is a small percentage of the overall state budget, and provides huge benefits to New Yorkers including clean water, clean air, jobs and economic growth, and access to natural resources. This funding enables the State to leverage local, federal and private funding for programs that improve quality of life and safeguard resources that future generations of New Yorkers will depend on.

Sincerely,

New Yorkers for Clean Water and Jobs

(List of organizations signed on to this letter attached)

Adirondack Architectural Heritage, Erin Tobin, Executive Director
Adirondack Council, Raul J. Aguirre, Executive Director
Adirondack Lakes Alliance, Scott􀆩 Ireland, Executive Director
Adirondack Land Trust, Mike Carr, Executive Director
Adirondack Mountain Club, Julia Goren, Interim Executive Director
Adirondack Wild: Friends of the Forest Preserve, David Gibson, Managing Partner
Agricultural Stewardship Association, Renee Bouplon, Executive Director
Alley Pond Environmental Center, Inc., Irene V. Scheid, Executive Director
American Farmland Trust, Linda Garrett, NY & NJ Regional Director
Appalachian Mountain Club, Kaitlyn Sorensen, Mid-Atlantic Conservation Policy Manager
Bronx River Sound Shore Audubon, Doug Bloom, Vice President
Cary Institute of Ecosystem Studies, Joshua R Ginsberg, PhD, President
Catskill Center for Conservation and Development, Jeff Senterman, Executive Director
Central Westchester Audubon Society, Lisa Curtis, President
Citizens Campaign for the Environment, Adrienne Esposito, Executive Director
Clean+Healthy, Bobbi Wilding, Executive Director
Coalition of Living Museums, Aaron T. Bouska, Chair
Columbia Land Conservancy, Troy Weldy, President
Delaware Highlands Conservancy, Diane Rosencrance, Executive Director
Delaware-Otsego Audubon Society, Susan O'Handley, Board Director, Advocacy Committee
Ducks Unlimited, Nikki Ghorpade, Director of Public Policy
Dutchess Land Conservancy, Inc., Rebecca E.C. Thornton, President
Empire State Forest Products Association, John Bartow, Executive Director
Engineers Labor-Employer Cooperative (ELEC 825), Daniel Ortega, Community Affairs
Environmental Advocates NY, Vanessa Fajans-Turner, Executive Director
Environmental Defense Fund, Kate Boicourt, Director, Climate Resilient Coasts and Watersheds, NY-NJ
Environmental Real Estate Solutions, Jim Daus, President
Finger Lakes - Lake Ontario Watershed Protec􀆟on Alliance, Kristy LaManche, Program Coordinator
Finger Lakes Land Trust, Andrew Zepp, President
Four Harbors Audubon Society, Joyann Cirigliano, Conservation Chair
Friends of Clark Reservation, Angela Weiler, Past Chair
Friends of Georgica Pond Foundation, Inc., Sara Davison, Program Advisor
Friends of the Upper Delaware River, Jeff Skelding, Executive Director
Gas Free Seneca, Joseph Campbell, President
Genesee Land Trust, Lorna Wright, Executive Director
Genesee Valley Audubon Society, June Summers, President
Grassland Bird Trust, Inc., Keith Swensen, Board Chair
Grassroots Gardens WNY, Timothy Chen, Executive Director
Group for the East End, Robert S. DeLuca, President
Healthy Schools Network, Claire L. Barne􀆩, Executive Director
Hempstead Harbor Protec􀆟on Committee, Eric Swenson, Executive Director
Hudson Highlands Land Trust, Inc., Katrina Shindledecker, Executive Director
Hudson River Audubon Society of Westchester, Michael Bochnik, President
Hudson River Sloop Clearwater, Jen Benson, Director of Environmental Action
Hudson Taconic Lands, Jim Bonesteel, Executive Director
IMPACT: Friends Improving Allegany County Trails, Inc., Glenn Gebhard, President
Land Trust Alliance, NY Program Jamie Brown, Senior Program Manager, NY
Mohawk Hudson Land Conservancy, Mark King, Executive Director
Mohonk Preserve, Kevin Case, President & CEO
Nassau Hiking & Outdoor Club, Guy Jacob, Conservation Chair
National Audubon Society, Erin McGrath, Policy Director
Natural Areas Conservancy, Emily Walker, Senior Manager of External Affairs
Natural Resources Defense Council, Richard Schrader, Senior Director Government Affairs Northeast
New York League of Conservation Voters, Julie Tighe, President
New York Outdoor Recreation Coalition (NYORC), Melissa Abramson, Chair
North Shore Land Alliance, Lisa W. O􀆩, President and CEO
Northeast Organic Farming Association of New York (NOFA-NY), Ka􀆟e Baildon, Policy Manager
Northern Catskills Audubon Society, Larry Federman, President
Northern New York Audubon, Kenneth Adams, Chairperson, Conservation Committee
NYC Bird Alliance, Jessica Wilson, Executive Director
Onondaga Audubon, Maryanne Adams, Conservation Chair
Open Plans, Sara Lind, Co-Executive Director
Orange County Audubon Society, Jody Susler, Board Member
Orange County Land Trust, Jim Delaune, Executive Director
Outdoor Promise, Ronald Zorrilla, Executive Director
Parks & Trails New York, Paul Steely White, Executive Director
Paul Smith’s College, Dr. Daniel Kelting, President
Peconic Baykeeper, Peter Topping, Baykeeper & Executive Director
Peconic Land Trust, John v.H. Halsey, President
Possible Planet, Victoria Zelin-Cloud, Cofounder
Preservation League of NYS, Jay DiLorenzo, President
Protect the Adirondacks! Inc., Claudia Braymer, Deputy Director
Recreational Equipment Inc (REI), Melissa Abramson, Head of Community Engagement
Rensselaer Plateau Alliance, Jim Bonesteel, Executive Director
Riverkeeper, Jeremy Cherson, Associate Director of Government Affairs
Rivers & Mountains GreenFaith, John Seakwood, Organizer
Rockland Audubon Society, Elizabeth Cherry, President
Saratoga PLAN, Robert K. Davies, Executive Director
Save the Great South Bay, Inc., Robyn Silvestri, Executive Director
Save the Sound, David Ansel, Vice President of Water Protec􀆟on
Saw Mill River Audubon, Anne Swaim, Executive Director
Scenic Hudson, Carli Fraccarolli, Government Rela􀆟ons Manager
Seneca Lake Guardian, Yvonne Taylor, Vice President
Sierra Club Atlantic Chapter, Roger Downs, Conservation Director
Skaneateles Lake Association, Frank Moses, Executive Director
South Shore Audubon Society, Russell Comeau, President
Sustainable Westchester, Noam Bramson, Executive Director
Teresa Murphy, Audubon Society of the Capital Region, President
The Conservation Fund, Thomas R. Duffus, Vice President & Northeast Representative
The Nature Conservancy, Jessica Ottney Mahar, New York Policy & Strategy Director
The New York Botanical Garden, Aaron Bouska, Vice President for Government and Community Relations
Third Act Upstate New York, Michael Richardson, Co-facilitator
Thousand Islands Land Trust, Jake R. Tibbles, Executive Director
Tompkins County Climate Protec􀆟on Initiative, Peter Bardaglio, Coordinator
Trust for Public Land, Tamar Renaud, NYS Director
Westchester Land Trust, Kara Hartigan Whelan, President
Western New York Land Conservancy, Marisa Riggi, Executive Director
Wildlife Conservation Society, John F. Calvelli, Executive Vice President, Public Affairs
Woodstock Land Conservancy, Andy Mossey, Executive Director
Zonta Club of Buffalo, Kathleen O'Leary, Zonta USA Caucus Rep. District 4
+ POOL, Kara Meyer, Managing Director

cc: (VIA EMAIL)
Karen Persichilli Keogh, Secretary to the Governor
Kathryn Garcia, Director of State Operations
Blake Washington, Director, Division of Budget
John O’Leary, Deputy Secretary for Energy and Environment
Ashley Dougherty, Assistant Secretary for Environment

The Advisory Council on Historic Preservation (ACHP) is developing a Program Comment on Accessible, Climate-Resilient, Connected Communities that aims to provide federal agencies with an alternate way to comply with their responsibilities under Section 106 of the National Historic Preservation Act. In doing so, ACHP invited public comment on their proposal. Along with 13 of our Preservation Colleague organizations across the state, the following letter was sent to ACHP in response to their proposed Program Comment on Accessible, Climate-Resilient and Connected Communities. Click here for a PDF of this letter.

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Advisory Council on Historic Preservation
Sarah Bronin, Chair
401 F Street NW, Suite 308
Washington, DC 20001

Dear Chair Bronin:

We appreciate the opportunity to comment on the draft Program Comment on Accessible, Climate-Resilient and Connected Communities. On behalf of the undersigned New York-based preservation nonprofit organizations, the Preservation Colleagues network, we respectfully submit the following comments.

We recognize the need to streamline the Section 106 consultation process in certain areas and appreciate that the ACHP is focusing on housing and climate. As preservation organizations, we advocate for affordable housing projects, climate resilience and sustainability in the built environment, and transportation alternatives. It is imperative that the preservation movement promote these efforts and communicate the essential role that preservation plays in advancing more resilient and equitable communities.

However, we are concerned that the draft Program Comment is too broad in scope and places too much responsibility on federal agencies and/or their consultants to review their own undertakings. As such, it runs counter to the intent of the National Historic Preservation Act and risks irreparably harming the nation’s historic resources. Specific comments are as follows:

• We support streamlining the Section 106 process and agree that many of the project types included in the Program Comment are sensible. Projects that are unlikely to impact historic resources—such as electrifying appliances, replacing non-historic playground equipment, or replacing asphalt surfacing, to name a few—should indeed be exempted from the standard Section 106 review process.

• For projects with potential adverse effects, we do not support removing SHPO (and other consulting parties) from the Section 106 process. Federal agencies should not be given full decision-making power over their own projects. Many of the project types in the Program Comment require nuanced consideration by an experienced preservation professional (or a person recognized by the relevant Indian Tribe or Native Hawaiian Organization to have expertise, where appropriate). SHPO staff provide objective assessment and have extensive experience reviewing potential impacts and applying the SOI Standards. For many project types, they are best suited—alongside design professionals and project sponsors— to explore creative solutions that accomplish the dual goals of preserving character defining features while also providing affordable housing and/or advancing climate goals.

• We want to see a re-evaluation of project types that would be covered by the Program Comment, in consultation with SHPO staff. Of particular concern is the exemption of building exteriors, including windows, doors, and the use of substitute materials. Both primary and secondary elevations should remain subject to the standard Section 106 process.

• We recommend a revision to the definition of housing to support the preservation and production of affordable housing. The current definition makes no mention of affordability; presumably the Program Comment could apply to any undertaking that involves housing, regardless of ownership or affordability.

• The lack of notification requirements is concerning and could result in the intentional or unintentional loss of historic resources and/or character defining features that have not yet been identified in surveys or listed in the National Register. This could disproportionately impact historically marginalized communities, which are generally less well documented.

• We also want to see a shorter initial duration of the Program Comment and do not support unilateral extension of the duration by the Chair.

• We strongly recommend more robust reporting requirements, including an annual report from participating federal agencies of all undertakings covered by the Program Comment, particularly in the first years that the Program Comment is in effect. Reporting should include in-depth evaluation by ACHP with input from preservation partners such as SHPOs and nonprofit preservation organizations.

• Overall, we are concerned that the broad scope of this Program Comment sends the message that preservation is an obstacle to affordable housing and climate solutions. Modern preservation best practices actively promote both. Often, the treatment that meets the SOI Standards is, in the long term, the more economical and sustainable treatment and provides building occupants with an enhanced quality of life.

While we support streamlining the Section 106 process in principle and support many of the exemptions included in the Program Comment, we do not believe that the current draft achieves an equitable balance between streamlining review processes, protecting historic resources, and providing public input in federal undertakings. Thank you for your consideration.

Sincerely,

Adirondack Architectural Heritage, Erin Tobin, Executive Director
Friends of the Upper East Side Historic Districts, Nuha Ansari, Executive Director
Historic Albany Foundation, Pamela Howard, Executive Director
Historic Districts Council, Frampton Tolbert, Executive Director
Historic Ithaca, Susan Holland, Executive Director
Landmark Society of Western New York, Wayne Goodman, Executive Director
New York Landmarks Conservancy, Peg Breen, President
Preservation Association of Central New York, Nicole M. Fragnito, Executive Director
Preservation Buffalo Niagara, Bernice Radle, Executive Director
Preservation League of New York State, Jay DiLorenzo, President
Preservation Long Island, Tara Cubie, Preservation Director
Saratoga Springs Preservation Foundation, Samantha Bosshart, Executive Director
TAP Inc., Barb Nelson, AIA, Executive Director
Village Preservation, Andrew Berman, Executive Director

Since 2022, our colleagues at Village Preservation have been requesting that the New York City Landmarks Preservation Commission provide an evaluation of the historic New York Eye and Ear Infirmary. With the closure of Beth Israel Hospital, which operated the infirmary, it’s crucial that this historic institution is designated a landmark and saved from destruction. The League provided this letter of support echoing Village Preservation’s advocacy efforts. Click here for a PDF of the letter.

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Hon. Sarah Carroll, Chair
New York City Landmarks Preservation Commission
1 Centre Street, 9th floor
New York, NY 10007

RE: Request for Evaluation for the New York Eye and Ear Infirmary, 218 Second Avenue/216-222 Second Avenue/301-309 East 13th Street

Dear Chair Carroll:

The Preservation League of New York State writes in strong support of Village Preservation’s 2022 Request for Evaluation of the New York Eye and Ear Infirmary at 218 Second Avenue/216-222 Second Avenue/301-309 East 13th Street. We urge the Landmarks Preservation Commission to swiftly designate this building as a New York City Landmark.

The building is architecturally significant as an intact example of late 19th century architecture in the East Village. Perhaps even more compelling is the building’s historic significance and its associations with Black history and disability history.

The New York Eye and Ear Infirmary as an institution became an icon of comprehensive and accessible care for the public, attracting Helen Keller to speak at the ribbon cutting for its final stage in 1903. In addition to providing trailblazing medical care for people with disabilities, it was also home to the first Black ophthalmologist in the U.S., Dr. David Kearny McDonogh, who was also the first formerly enslaved person in the country to earn a college degree.

Landmark designation of 218 Second Avenue would help preserve the stories of Black Americans and Americans with disabilities, two marginalized groups whose important stories and places have traditionally been excluded from local, state, and federal designation.

Sincerely,

Jay DiLorenzo
President

This petition is being shared on behalf of our colleagues at the New York Landmarks Conservancy.

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Everyone wants an improved Penn Station and better service for riders.

Amtrak says we need a new underground station for New Jersey Transit. Building that would likely require demolishing the block south of Penn filled with affordable homes, local businesses, and landmark quality buildings.

Proponents of through-running say it could increase capacity within Penn without demolishing anything, and improve service throughout the region.

Billions of taxpayer dollars are at stake. Who’s right? The public deserves an answer.

An independent peer review panel could answer the question.

On Friday, July 19, this open letter was sent to New York City Mayor Eric Adams and other elected officials to protest the proposed demolition of the historic Tony Dapolito Recreation Center in Greenwich Village. The letter was co-signed by the League along with out colleagues at The New York Landmarks Conservancy, Historic Districts Council, Village Preservation, Landmark West!, and Save Harlem Now!. Click here to view this letter as a PDF. For more context on this advocacy work, please visit Village Preservation’s website.

Re: Potential demolition of the historic Tony Dapolito Recreation Center, 1 Clarkson Street, Manhattan

Dear Mayor Adams, Commissioner Donoghue, Chair Carroll, Borough President Levine, Councilmember Bottcher, and Chair Kent:

We write to share our deep concerns about the New York City Department of Parks & Recreation’s announced intention to pursue demolition of the historic Tony Dapolito Recreation Center, located within the Greenwich Village Historic District Extension II. We are dismayed that the City is considering destroying a nearly 120-year-old landmarked, National Register-listed, City-owned and operated building.

The boundaries of the Greenwich Village Historic District Extension II, designated by the NYC Landmarks Preservation Commission on June 22, 2010, were explicitly drawn to include the Tony Dapolito Recreation Center (formerly the Carmine Street Public Baths, and subsequently the Carmine Street Recreation Center). In fact, in an unusual move, this and the adjacent Hudson Park branch of the New York Public Library were included in a non-contiguous section of the extension, speaking to the lengths to which the Landmarks Preservation Commission went in 2010 to ensure these buildings were designated — not a surprise given their incredibly rich history and architectural significance. In 2013, the Recreation Center was also listed in the National Register of Historic Places as a contributing structure within the South Village Historic District, recognizing its local, state, and national significance.

The building was commissioned by the City and constructed in phases, beginning in 1906-08 to a design by architectural firm Renwick, Aspinwall & Tucker, and has been serving the public ever since. First designed as a public bath house occupying the eastern end of Hudson Park (now James J. Walker Park), the building has been integral to the park’s design for the past nearly 120 years. As indicated in the LPC designation report, the bath house opened on May 6, 1908, as one of “several public bath houses constructed around the turn of the century as part of a city-wide initiative to provide bathing and hygiene facilities to all New Yorkers.” Two subsequent phases of construction occurred in 1922 (architect: Jaros Kraus) and 1929 (architect: Mitchell Bernstein).

NYC Parks’ claim at a recent Community Board 2 meeting that the structure is too difficult to repair, due in part to its phased construction, is entirely unfounded. Countless historic landmarks throughout New York City that have been restored, repaired, and preserved have also been altered over time, whether during early development (for example, the Astor Library, an individual landmark that was famously designed and built in three distinct phases), or as modern insertions, like the innumerable rooftop and rear yard additions we regularly see approved by LPC in all historic districts. Multiple phases of construction certainly do not preclude a building from being repaired, nor from preservation.

That the Recreation Center is in need of repairs, or that some of its interior facilities do not currently meet code, are also not cause to demolish a protected historic building. It is alarming to hear city officials claim that deterioration at this building, the maintenance of which is the responsibility of the City itself, should be a green light for demolition. The building is undoubtedly in need of repairs, but this is no justification for its demolition.

We strongly oppose demolition of the Tony Dapolito Recreation Center, and urge the City to take steps now to restore this historically, architecturally, and culturally significant public asset, so that the space can be reactivated and serve its intended purpose as an amenity for the people of New York.

Sincerely,

Jay DiLorenzo, President, Preservation League of NYS
Peg Breen, President, The New York Landmarks Conservancy
Frampton Tolbert, Executive Director, Historic Districts Council
Andrew Berman, Executive Director, Village Preservation
Sean Khorsandi, Executive Director, Landmark West!
Claudette Brady, Executive Director, Save Harlem Now!

Cc: State Senator Brian Kavanagh, Assemblymember Deborah Glick, Elizabeth Goldstein, President, Municipal Art Society

Sarah Carroll, Chair
Landmarks Preservation Commission
1 Centre Street
New York, NY 10007

RE: RFE 945 Madison Avenue, Whitney Museum of American Art

Dear Chair Carroll:

The Preservation League of New York State supports the Request for Evaluation, seeking Interior Landmark Designation, for the former Whitney Museum of American Art at 945 Madison Avenue, submitted by Docomomo US and Docomomo US New York/Tri-State. Although the property is located within the Upper East Side Historic District, we agree that it is significant enough to merit both Individual and Interior designation.

As a seminal work of Bauhaus master, Marcel Breuer; as the longtime home of one of New York’s most prominent cultural institutions; and as a nationally significant interior and exterior, The Whitney Museum of American Art undoubtedly deserves protection as a designated New York City Interior Landmark. Since its opening 57 years ago in 1966, the building has customarily been open or accessible to the public. Today, the recently restored interior is largely as it was originally designed.

For these reasons, we enthusiastically support Docomomo’s RFE and respectfully request that the Landmarks Preservation Commission consider protection of these unique interior spaces.

Sincerely,

Caitlin Meives
Director of Preservation

We need you to reach out to your representatives in the NYS Senate and Assembly and tell them you do not support the “Faith-Based Affordable Housing Act,” (A08386/S07791) unless it is amended to retain protections for landmarked properties.

As budget negotiations grind on in Albany, a bill that could have a disastrous impact on religious properties throughout the state is moving its way through committee. The innocuous-sounding “Faith-Based Affordable Housing Act” enjoys a lengthy list of co-sponsors in the Assembly and Senate, as well as the backing of a well-funded advocacy group that has opposed landmarking.

The stated purpose of this legislation is to allow religious corporations to bypass local zoning and other protections in order to expedite the construction of affordable housing on their land. Building departments would, ministerially and without discretionary review or a hearing, approve applications for building permits under the bill within 60 days of application. Full environmental reviews under the State Environmental Quality Review Act (SEQRA) would not be required so long as the landowners submit various certifications addressing soil and water issues.

There are no protections included in this legislation for landmarked historic religious properties and it could, in some cases, allow the alteration and demolition of these properties. While this legislation is presented as a housing bill, we are concerned that it could weaken and remove landmark protections more broadly.

Connect with your representatives here: NYS Assembly | NYS Senate

Click here for a PDF of this letter.

The Honorable Kathy Hochul
Governor of New York State
New York State Capitol Building
Albany, NY 12224

Re.: New York State Historic Preservation Tax Credit

Dear Governor Hochul,

On behalf of the undersigned, a coalition of advocates and practitioners in the fields of historic preservation and affordable housing, thank you for your commitment to historic preservation, affordable housing, and community development projects throughout the state.

Together, we are advocating for an important enhancement to the New York State Historic Preservation Tax Credit program that will advance the development of affordable housing and community development projects in New York State, while saving the state money.

The New York State Historic Preservation Tax Credit (NYS HTC) has been an indispensable tool for revitalization in New York State. By incentivizing the reuse of our existing historic buildings, it has encouraged sustainable, environmentally friendly development that has kept valuable building materials out of landfills, strengthened existing walkable communities, reduced greenfield development, and protected our historic buildings and downtowns. Communities throughout New York have used the NYS HTC to transform their Main Streets and downtowns. In Buffalo alone, projects that would not have succeeded without the NYS HTC include the Richardson Complex, Larkinville, Lafayette Hotel, Artspace Buffalo, and the Evergreen Lofts, among many others. It is also a highly effective tool for housing creation: since 2010, the state tax credits have been responsible for the creation of 21,929 housing units, 8,542 of which are low/moderate income units.

Current New York State law requires the NYS HTC to be allocated in the same manner, and to the same parties, as the Federal Historic Preservation Tax Credit. This required allocation depresses the pricing of both tax credits by limiting the pool of tax credit users. This means less money flowing to important community revitalization and housing projects. As development costs rise, and buildings become more challenging to develop, we need to enhance this important tool now to keep our momentum going. Allowing the allocation of the NYS HTC to investors other than those who are allocated the Federal Historic Credit would open up and broaden the investor market, increasing the value of the credit and injecting more equity into these projects.

Enhancing the NYS HTC in this small way would have some big benefits.

1. More affordable housing. A more flexible program would increase the appetite for taxcredits amongst new investors who would want to invest in New York State projects.

2. Less cost to New York State. The amount of credit received by an investor is the same, nomatter what they pay for it. If they pay less than face value, New York State is often obligatedto add additional grant funds to get these projects done. This change will increase the valueof the credit.

3. More money for projects. Credits have reduced value to an investor if they can’t take full advantage of them. We are leaving money on the table if credits are used at a reduced cost or not all.

4. We will be helping the climate. Building demolition and new construction is a major source of greenhouse gas emissions, and it pours tons of materials into our landfills each year. If we incentivize building reuse, we are helping the environment.

Let’s make this small enhancement to the NYS HTC now and build a better New York one building at a time.

Sincerely,

Adirondack Architectural Heritage, Erin Tobin Executive Director
Beacon Communities, LLC, Dara Kovel, CEO
CREA LLC, Tony Bertoldi, Co-President
Historic Albany Foundation, Pamela Howard, Executive Director
Historic Districts Council, Frampton Tolbert, Executive Director
Home Leasing, Bret Garwood, CEO
Landmark Society of Western New York, Wayne Goodman, Executive Director
Lettire Construction Corporation, Nicholas Lettire, President
LISC NY | Local Initiatives Support Corporation, Valerie White, Senior Executive Director
New York State Association for Affordable Housing, Jolie Milstein, President and CEO
Preservation Association of the Southern Tier, Andrew Roblee, President
Preservation Buffalo Niagara, Bernice Radle, Executive Director
Preservation League of New York State, Jay DiLorenzo, President
Preservation Long Island, Alexandra Parsons Wolfe, Executive Director
Rockabill, Niall J. Murray, Managing Principal & CEO
RUPCO, Kevin O'Connor, CEO
Saratoga Springs Preservation Foundation, Samantha Bosshart, Executive Director
Urban Builders Collaborative, Matthew Gross, Partner
Xenolith Partners LLC, Andrea Kretchmer, Principal

cc:

(VIA EMAIL)

Tania Dissanayake, Deputy Secretary for Housing
Ashley Dougherty, Assistant Secretary for Environment
Amanda Hiller, Acting Commissioner, Taxation and Finance
Roger Maldonado, Assistant Counsel
Karen Persichilli Keogh, Secretary to the Governor
Erik Kulleseid, Commissioner, Office of Parks, Recreation, and Historic Preservation
RuthAnne Visnauskas, Commissioner/CEO, Division of Homes and Community Renewal
Blake G. Washington, Director, Division of Budget