The League’s Vice President for Policy and Preservation Katie Eggers Comeau prepared written testimony for the Joint Legislative Budget Hearing of the Environmental Conservation Committees that took place on Tuesday, February 1, 2022.

Continue reading for the full testimony, or click here for a downloadable PDF.

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Chairwoman Krueger, Chairwoman Weinstein, and distinguished members of the Senate and Assembly, thank you for the opportunity to speak with you today on the topic of historic preservation and the New York State FY 2023 Budget.

As New York State’s only statewide historic preservation nonprofit organization, the Preservation League of New York State invests in people and projects that champion the essential role of preservation in community revitalization, sustainable economic growth, and the protection of our historic buildings and landscapes. We lead advocacy, economic development, and education programs across the state and partner with local preservation organizations throughout New York.

My testimony today includes comments on the importance of historic preservation in climate change mitigation efforts, support of the legislatively proposed extension of the New York State Historic Tax Credit, and support for the Governor’s proposed budgets for the New York State Council on the Arts, New York State Office of Parks, Recreation and Historic Preservation, and the Environmental Protection Fund.

Climate Change and the Green Economy

The Preservation League welcomes the Governor’s emphasis on combating climate change, and we support her prioritization of green energy, resiliency, and mitigation efforts. Historic preservation has a critical role to play in developing a greener, more resilient future for our state. The reuse of existing buildings, as an alternative to demolition and new construction, has quantifiable environmental benefits in keeping valuable building materials out of landfills, recapturing embodied energy, reducing the need for greenfield development, and reusing rather than duplicating existing infrastructure. The reuse of historic buildings, including appropriate measures to improve their energy performance, is thus a critically important, and effective, mitigation measure. After all, building reuse as an alternative to demolition is recycling at the largest possible scale. In addition, the preservation trades are 2 excellent examples of green jobs, as the tradespeople and craftspeople with the skills to appropriately repair, restore, weatherize, and improve existing buildings are helping to ensure that these assets remain in productive use rather than going to waste. The League stands ready to work with the Governor, the Legislature, and agency staff to ensure that programs aimed at combating climate change do so in a way that protects and capitalizes on our historic resources and the contributions they make to this critical effort.

Reauthorizing the NYS Historic Tax Credits

Since 2007, the New York State Historic Tax Credit has been a valuable tool for the revitalization of New York’s main streets and neighborhoods. Historic tax credits have a proven track record of revitalizing historic buildings and neighborhoods throughout New York State, particularly in upstate communities where their use leverages significant federal funding in economically challenged neighborhoods. The historic tax credits are particularly valuable in retaining and creating affordable housing options.

The New York State Rehabilitation Tax Credit Programs are currently authorized until December 31, 2024. As that date approaches, those who wish to utilize the credits may wonder if they will be available when they are ready to proceed with their projects. To provide greater certainty to those who want to utilize the credits, we ask the Legislature to support an early reauthorization of the New York State Rehabilitation Tax Credit Programs through December 31, 2031. Extending these credits will ensure that reinvestment in our urban cores, downtown, neighborhoods, and Main Streets will continue.

Preservation of Debar Pond Lodge

The Preservation League is partnering with colleagues at Adirondack Architectural Heritage and the Debar Pond Institute in support of a land exchange amendment that will safeguard the future of Debar Pond Lodge, a historic Adirondack lodge built around 1940 and set on the shore of Debar Pond in the town of Duane, Franklin County. Designed by notable Adirondack architect William Distin, Debar Pond Lodge is one of the largest log buildings in the Adirondacks, and is listed in the National Register of Historic Places in recognition of its architectural significance. The nonprofit Debar Pond Institute proposes to donate over 400 acres of wild forest land to the State, to be added to the Adirondack Forest Preserve, in exchange for the State transferring a six-acre parcel, encompassing the lodge and outbuildings, to the Institute. The Debar Pond Institute will use the property for a variety of public environmental and cultural programming. The public will retain access to the shoreline of Debar Pond, which will retain its wild character. We consider this a win-win that retains a magnificent piece of 3 Adirondack architecture, enhances the Forest Preserve, and offers new recreational and cultural opportunities.

Capital Investment at OPRHP and DEC

The Governor’s proposed investment in capital projects at both OPRHP and DEC is greatly appreciated. The importance of parks and outdoor recreational opportunities to the health and well-being of New York State residents has never been more obvious than over the last two years. We support the increased funding for infrastructure improvements and particularly look forward to seeing the results of additional investment in New York State Historic Sites, as well as historic buildings and structures located within our NYS Parks.

Environmental Protection Fund

The Preservation League strongly supports the Governor’s proposed increase in funding for the Environmental Protection Fund to a record level of $400 million. We particularly note the significance of the historic preservation grants, which in recent years have funded projects including municipal and nonprofit restoration of courthouses, town halls, libraries, historic houses of worship that frequently serve multiple functions, and nonprofit arts and cultural centers. These grants then leverage private fundraising to preserve community anchors and centers of cultural tourism, and often have a catalytic impact on their communities.

NYSCA Funding

The Preservation League enjoys a longstanding partnership with the New York State Council on the Arts, and knows the importance of their work to promote and sustain arts and cultural programming and facilities, particularly given the ongoing challenges arts institutions face due to COVID-19. We support the Governor’s proposal to continue funding NYSCA’s core grantmaking programming at existing levels and to provide additional recovery funds for arts organizations and for capital projects.

Thank you for your time and attention today and for inviting the Preservation League to testify. We are happy to provide additional information about the above testimony or any other historic preservation issue at the Committee’s request

League President Jay DiLorenzo joined Senator Hinchey and Assemblymember Barrett at a press conference in July when their bills to restore the Historic Barn Rehabilitation Tax Credit passed the NYS Senate and Assembly.

This press release is reposted from NYS Senator Michelle Hinchey.

Governor Signs Bill by Senator Hinchey and Assemblymember Barrett to Resurrect the Historic Barn Rehabilitation Tax Credit

Hinchey/Barrett Law Establishes Tax Credit to Revive New York’s Dilapidated Agricultural Architecture, Incentivizes Historic Preservation with an Eye on Rural Development

ALBANY, NY – State Senator Michelle Hinchey (SD-46) and Assemblymember Didi Barrett (AD-106) today announced that their bill (S.6042/A.6947) to create a tax program to help landowners restore historic barns across rural and upstate New York has been signed into law by Governor Hochul. Thanks to the legislation, property owners will soon be eligible to apply with the state Historic Preservation Office for a 25% tax credit to restore barns constructed before 1945 back to productive use or into small businesses such as craft breweries, event spaces, and the like, to foster economic growth. 

The Historic Barn Rehabilitation Tax Credit, once a federal program, was eliminated in 2018 as a result of changes in the federal tax code under the Federal Tax Cuts and Job Act of 2017. The Hinchey/Barrett bill revives this tax incentive by placing it in state Tax Law and expanding eligibility so that more historic barns throughout the state may qualify.

“Historic preservation is a pivotal strategy for rural revitalization and by instituting the Historic Barn Rehabilitation Tax Credit we are making it more affordable for New Yorkers to save these beloved buildings from disrepair and explore new uses in agritourism, arts and culture,” said Senator Michelle Hinchey. “This incentive will help preserve thousands of historic barns across rural and upstate communities, allowing us to trace back New York’s rich agricultural heritage, boost community pride, and capitalize on valuable opportunities to revive local economies. I thank Assemblymember Barrett for her partnership on this legislation and Governor Hochul for signing our bill into law so we can inspire a new era of investment in rural New York.”

“Our iconic historic barns embody the Hudson Valley’s rural and agricultural roots, and the preservation, restoration and repurposing of these barns is critical to maintaining the region's bucolic character, as well as the regional economy,” said Assemblymember Didi Barrett. “By resurrecting the New York State Historic Barn Rehabilitation Tax Credit, we are incentivizing a new generation of farmers, architecture enthusiasts, and business owners to reconnect with the state’s past while building for their own future. I thank Senator Hinchey for sponsoring this important legislation in the Senate, and thank Governor Hochul for signing our bill into law!”

“The Historic Barn Rehabilitation Tax Credit will be a boon to rural areas throughout New York State,” said Jay DiLorenzo, President of the Preservation League of NYS. “Our team at the Preservation League hears directly from historic barn owners more than any other type of property owner, and the renewal of the barn tax credit will provide a much-needed resource. The historic barns that dot our landscape provide a tangible link to our state’s agricultural past, but they also represent opportunities to revitalize communities — either through adaptive reuse or a reinvestment in agricultural uses. We are grateful to Senator Hinchey and Assemblymember Barrett for their leadership on this issue and thank Governor Kathy Hochul for signing the bill into law.”

Dr. Michael Tomlan, President of the New York State Barn Coalition, said, “The need to rehabilitate the barns across the Empire State has never been greater. The support of the Senate and Assembly members and the Governor is a tremendous step forward, energizing the economy and assisting property owners and thousands of rural communities.”

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As the Preservation League of New York State eagerly awaits the upcoming 2022 budget and legislative session, we've joined efforts with our preservation colleagues around the state to outline some initial priorities that we have shared with Commissioner Kulleseid at the Office of Parks, Recreation & Historic Preservation. We stand ready to advocate for historic preservation and tout its many benefits to the great communities we have across the state.

Click here to read the letter.

Memorandum of Support: A.3241 (McDonald), S.6721 (Ryan) A.5337 (McDonald), S.5377 (Cooney)

The Preservation League of New York State is the statewide historic preservation nonprofit — leading advocacy, economic development and education programs across the state. We write in support of amending the real property actions and proceedings law with regard to the following Bills:

• A.3241 (McDonald)/S.6721 (Ryan) to expand the applicability of the receivership law to the entire state of New York for the purpose of remedying conditions dangerous to life, health or safety; and

• A.5337 (McDonald), S.5377 (Cooney) relating to special proceedings to convey title to abandoned real property to cities, towns or villages.

The aforementioned legislation aims to address real property issues, which will result in the ability to maintain safe and livable housing, stabilize neighborhoods, and contribute to the overall quality of life for residents across New York State. A.3241/S.6721 will deter building vacancy and demolition of unsafe properties, keeping more of our older residential buildings well-maintained and out of landfills. This tool will help address building code violations and situations when buildings have fallen into serious disrepair. It will be particularly helpful in cases where tenants voice complaints to landlords, yet issues remain unaddressed. Currently only available for the New York City region, this bill will add receivership as a statewide tool.

A.5337/S.5377 enables a municipality to take title of abandoned real property in cases where a zoning, housing, building or property maintenance code violation remains unremedied for a period of at least one year. This will limit unsafe structures from remaining a public threat and increase the ability for a property to be successfully returned to a habitable condition rather than incur demolition - which is both costly and not environmentally sustainable.

We applaud the NYS Senate’s passage of S.5377 and urge the NYS Assembly to pass its companion bill, A.5337. We also ask the NYS Assembly and Senate to adopt A.3241/S.6721. These bills will help efforts to remedy conditions dangerous to life/health/safety, limit the negative environmental impacts of demolition, and retain our built environment. Thank you to Assemblymember McDonald and Senators Ryan and Cooney for their leadership.

Click here for a PDF of this support letter.

The League is thrilled to share that Senator May and Assemblymember Buttenschon’s bills to ensure regular quarterly meetings of the Canal Recreationway Commission have passed the Senate and Assembly! Thank you to the Senator and Assemblymember, as well as the large bipartisan group of legislators who supported this bill. The Preservation League believes this new legislation will establish consistency and give the Commission the tools to focus on important future planning efforts to support our Canal System and chart a new path forward, supporting our National Historic Landmark Canal System’s ability to leverage the economic benefits of tourism, recreation, and commercial use now and into the future. We were proud to support it!

Memorandum of Support S.6042 (Hinchey)/A.6947 (Barrett)
Click here for a PDF of this letter.

The Preservation League of New York State is the statewide historic preservation nonprofit — leading advocacy, economic development and education programs across the state. We write in support of Bill S.6042 (Hinchey) and A.6947 (Barrett) to provide a tax credit for the rehabilitation of historic barns. In 2018 the existing New York State Historic Barn Rehabilitation Credit was negatively altered as a result of changes in federal tax code under the Federal Tax Cuts and Job Act of 2017. Today, we urge the Senate and Assembly to set right this obstacle to New York’s ability to retain our agricultural heritage and revive the functional incentive to return these buildings to productive use.

The 25% tax credit promotes barn rehabilitation, vital in retaining remaining historic barns in every corner of the state. Not only does it pay homage to New York’s agricultural history and architecture, it also provides opportunity for thoughtful reuse, community enjoyment, eliminating landscape decay, as well as circumvents the negative environmental impacts of demolition.

In particular, this incentive helps revitalize regions that have been hit hard over the last several decades with disinvestment and the continual shift farther away from agriculture. It will inspire a new era of entrepreneurs ranging from farmers to tourism and contribute to economic vitality in New York State. This will all be accomplished while keeping the historic appearance and architecture intact on the impressive structures within our landscape.

Since 2015, this program has contributed to the successful rehabilitation of nearly 50 barns across the state. Thanks to the 2017 federal tax code changes, a small number of barns currently qualify for this incentive and only a handful of those have received the credit in the past couple years.

The Preservation League receives more requests for financial assistance with barn restoration than any other building type. This much-needed legislation will fill a large gap. An annual program report delivered to the legislature would help demonstrate the program’s effectiveness for future advocacy, as well as identify areas for outreach strengthening. We strongly support this legislation and urge the NYS Legislature to pass it within this legislative session.

Memorandum of Support A.7044 (Buttenschon)/S.5958 (May)
Click here for a PDF of this letter.

The Preservation League of New York State is New York’s statewide historic preservation nonprofit. We write in support of Bills A.7044/S.5958 relating to the operations and preservation of the National Historic Landmark New York State Canal System.

As New York State’s only statewide historic preservation nonprofit organization, the Preservation League invests in people and projects that champion the essential role of preservation in community revitalization, sustainable economic growth and the protection of our historic buildings and landscapes. We lead advocacy, economic development and education programs across the state and partner with local preservation organizations throughout New York. In 2019, we listed the NYS Canal System as a statewide Seven to Save to highlight the need for New York State to prioritize stewardship of its National Historic Landmark canals as an intact, fully-navigable international waterway for present and future generations.

The New York State Canal System was designated a National Historic Landmark in 2016 due to its span, scope, authenticity and historic integrity. The Preservation League believes that the best future for our NYS Canal System lies in capitalizing on its past, marketing itself as a historic transportation corridor, improving amenities for canal users, and strengthening local, regional, and international partnerships to promote tourism, as well as recreational and commercial use.

We commend the New York Power Authority and New York State Canal Corporation for their ongoing restoration, maintenance, and stewardship of our National Historic Landmark canal system. This bill supports their work while providing important consistency for those who use the canal, whether for recreation, tourism, or commercial purposes.

We support the bill’s goal to establish a consistent operating schedule that provides users the opportunity to navigate through the autumn tourism season, as well as reinforcing the ability of commercial boat operators to use canal facilities as prescribed under New York State’s Codes, Rules and Regulations, and continued use of the canal system’s National Historic Landmark locks, moveable dams, and other engineering structures.

Our impressive New York State Canal System has national and global significance thanks to its authenticity as a continuously operating end-to-end canal system. The vibrancy of our canals brings billions of dollars each year to our state and communities along the canal corridor.

As we celebrate the canal’s 200th birthday, this legislation will support and enhance the canal system’s ability to leverage the economic benefits of tourism, recreation, and commercial use now and into the future.

Memorandum of Support A.7045 (Buttenschon)/S.5959 (May)
Click here for a PDF of this letter.

The Preservation League of New York State is New York’s statewide historic preservation nonprofit. We write in support of Bills A.7045/S.5959 relating to the meetings of the Canal Recreationway Commission.

As New York State’s only statewide historic preservation nonprofit organization, the Preservation League invests in people and projects that champion the essential role of preservation in community revitalization, sustainable economic growth and the protection of our historic buildings and landscapes. We lead advocacy, economic development and education programs across the state and partner with local preservation organizations throughout New York. In 2019, we listed the NYS Canal System as a statewide Seven to Save to highlight the need for New York State to prioritize stewardship of its National Historic Landmark canals as an intact, fully-navigable international waterway for present and future generations.

The Canal Recreationway Commission was founded in 1992 upon the creation of the New York State Canal Corporation. Its members include individuals involved in canal use, development, preservation, enhancement, and local governments from counties adjacent to or intersected by the Canal System. Following its creation, the Commission prepared and adopted the Canal Recreationway Plan in 1995. This plan focused on four primary elements: Canal Harbors, Canal Service Port and Lock Projects, the Canalway Trail, and a Canal System Marketing Plan.

Successful completion of the 1995 Canal Recreationway Plan, which laid the groundwork for our recently completed and hugely successful Empire State Trail, while celebrating the canal system as an operating waterway, provided a roadmap for the Canal System to transform from a predominantly commercial waterway to the vibrant, popular, scenic, economically viable, multifaceted resource we know today. The Canal Harbors and Service Ports created as a result of the 1995 plan created economic activity throughout the corridor, particularly in the cities of Schenectady, Syracuse, Rochester, and Buffalo.

We believe the three fundamental goals of the Canal Recreationway Commission, preserving the best of the past, enhancing recreational opportunities, fostering appropriate and sustainable economic development, mirror those of the Reimagine the Canals effort and support the work of the NYS Canal Corporation today.

The Canal Recreationway Commission currently meets subject to the call of the chairperson. By setting a regular quarterly meeting schedule, this bill will establish consistency and give the Commission the tools to focus on important future planning efforts to support our Canal System and chart a new path forward, supporting our National Historic Landmark Canal System’s ability to leverage the economic benefits of tourism, recreation, and commercial use now and into the future.

On April 6, 2021, Governor Cuomo and the NYS Legislature reached their final budget agreements. We are incredibly grateful to the legislature and governor for their commitment to historic preservation, reflected in multiple budget initiatives. Please join us in thanking the Governor, NYS Assembly, and NYS Senate for their support. And thank YOU to all who called and wrote your legislators and the governor's office to express your support for historic preservation!

NYS Historic Tax Credit Small Project Access Improvement

Thank you to the Legislature and Governor for increasing the NYS Historic Tax Credit for small projects. This improvement will help small business and Main Street building owners rehabilitate their historic buildings, while ensuring that the NYS Historic Tax Credit serves as an incentive throughout our upstate urban centers, by increasing the NYS Historic Tax Credit from 20% to 30% for small projects under $2.5 million.

We were proud to support the Assembly and Senate bills that laid the groundwork for budget passage, A.3670 (Woerner) and S.4439 (Kennedy). Last year in NYS a job was created for every $12,000 of Historic Tax Credit investment. As part of economic recovery, improving program access to small projects will create community revitalization, sustainable economic growth, and the protection of historic buildings and landscapes.

A big thank you to our legislative supporters, who have championed this initiative for over two years. In the Assembly, those supporters include prime sponsor Assemblywoman Carrie Woerner and bill co-sponsors Assemblymembers Steve Englebright, John McDonald, Sarah Clark, Michael Durso, William Magnarelli, Donna Lupardo, Patricia Fahy, Steven Otis, Pamela Hunter, Robert Smullen, and Karl Brabenec. In the Senate, our supporters include prime sponsor Senator Timothy Kennedy and bill co-sponsors Senators José Serrano, Elijah Reichlin-Melnick, Anna Kaplan, Samra Brouk, Michelle Hinchey, Neil Breslin, Mike Martucci, and George Borrello.

Protecting the NYS Canal System

Thank you to the NYS Legislature and Governor Cuomo for coming together to protect our National Historic Landmark NYS Canal System. We appreciate their intentional omission of the Governor's 30-day amendment that would have disbanded the Canal Recreationway Commission while creating a duplicative new public benefit corporation and increasing the NY Power Authority's bonding ability.

With these proposed substantive changes to our National Historic Landmark NYS Canal System off the table for now, we look forward to engaging in open discussion about the future of our historic Erie, Champlain, Oswego, and Cayuga/Seneca Canals.

Stopping Urban Renewal at Penn Station

The NYS Assembly and Senate have negotiated with the Governor's office to rein in the proposed "Empire Station" complex surrounding Penn Station. As proposed by Governor Cuomo, this project would have leveled multiple blocks surrounding Penn Station. These blocks are currently home to countless small businesses, the last remaining McKim Mead and White building associated as part of the original Penn Station, an 1872 church and convent, and the many small mixed-use buildings that form the fabric of New York City.

The final Capital Projects Appropriations bill does not allow the appropriated $1.3 billion to be spent on any above-ground development, but only in "furtherance of the Empire Penn Expansion or other transportation improvement projects."

Thank you all for supporting historic preservation and the Preservation League. Please consider contacting your state legislator and the governor's office to share your appreciation for their leadership in recognizing the importance of preservation in New York State's economic recovery.

The letter below regards the proposed Kings Landing II in Troy. The League urged the Planning Commission to declare that the proposed project will adversely effect the National Register-eligible historic district and to reject the developer's initial Environmental Assessment Form (EAF) for a fuller Environmental Impact Statement. Happily, the Troy Planning Commission supported the neighborhood and Preservation League's position and rejected the EAF at their meeting on Thursday, March 25, 2021. Click here for a PDF of the League’s letter.

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March 25, 2021

Honorable Dierdre Rudolph, P.E., Chair
Board Members of the Troy Planning Commission
433 River Street
Troy, NY 12180
Re: Kings Landing Proposal

Dear Ms. Rudolph,

I write on behalf of the Preservation League of New York State regarding the proposed King’s Landing II Apartments, the 5 story, 62-unit building proposed by the BDC group at Federal Street and Fifth Avenue in Troy, case # PC 2020-0011. The Preservation League is New York’s statewide historic preservation nonprofit, serving each of New York’s 62 counties, supporting our local advocates and effective preservation policies.

In particular, we wish to call the Planning Commission’s attention to the project’s proposed demolition of four National Register-eligible historic buildings. The NYS Historic Preservation Office declared a National Register-eligible historic district along 5th Avenue from Federal to Jacob Streets. At that time, they also noted the adverse effect this building would pose on the entire block of historic buildings.

The Planning Commission must issue a positive declaration of adverse effect as part of its State Environmental Quality Review Act responsibility. We ask the Troy Planning Commission to compel the developer to investigate alternatives to their current proposal. These alternatives should include the potential to rehabilitate and adapt the existing historic buildings for the new use and alternative siting for any new construction.

Thank you for your consideration and please do not hesitate to contact me with any questions.

Sincerely,

Jay DiLorenzo
President