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.]
N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.137