Section 20.05. Legislative findings and determinations, and statement of purposes

1. The legislature hereby finds, determines and declares:    (a) that cultural institutions in the state promote public interest in
  and knowledge of the arts and other cultural activities; attract artists
  and others with creative talents who live in proximity  to  and  perform
  work  related  to such institutions; and otherwise vitally contribute to
  educational, recreational and cultural activities and  opportunities  of
  benefit to the people of the state; and that such institutions provide a
  wealth  of specialized educational and cultural activities designed for,
  among  others,  students,  minority  and  ethnic   populations,   senior
  citizens,  the  unemployed,  consumers  and  citizens  interested in the
  performing arts; and that it is the sense of the  legislature  that  the
  contributions  of such institutions to the people of New York state have
  been exceptional;
    (b) that such institutions are essential to the existence of  cultural
  centers  in  the state, contribute to the continued existence and growth
  in the state of industries  related  to  the  arts  and  other  cultural
  activities,  attract  residents  of and visitors to the state, including
  patrons of the arts, generate substantial tax and other revenues in  and
  for  the  state, and otherwise vitally contribute to the economy and tax
  base of the state;
    (c) that recognizing the importance of and public  purpose  served  by
  such  institutions,  the state has appropriated and expended substantial
  funds for and has otherwise supported and assisted such institutions;
    (d) that there is a serious shortage of required space and  facilities
  for  the continued existence, proper operation and needed growth of such
  institutions and that there is a serious  shortage  of  required  modern
  equipment,  furnishing  and  installations  for the continued existence,
  proper operation and needed growth of such institutions;
    (e) that owing to inflation, increases in the cost of energy and other
  economic forces, operating expenses of  many  such  institutions  exceed
  revenues  from  endowments  and  other  sources; sufficient funds to pay
  operating expenses and the costs of needed  expansion,  improvement  and
  rehabilitation  of the space and facilities of such institutions are not
  available from the state, municipalities or counties  in  the  state  or
  other past sources of such funds; and unless corrective action is taken,
  the   needed   expansion,   improvement,   equipping,   furnishing   and
  rehabilitation of the space and facilities of such institutions will not
  be undertaken and such institutions will be  required  to  invade  their
  endowments  and  other capital assets to pay operating expenses, thereby
  endangering the continued existence and operation of such institutions;
    (f) that a public purpose would be served and  the  interests  of  the
  people of the state would be promoted if the collections, endowments and
  other  capital  assets of such institutions were preserved and expanded;
  if continued operation in the state and  needed  expansion,  improvement
  and rehabilitation of the space and facilities of such institutions were
  encouraged;  and  if  action  were  taken  to  permit such operation and
  expansion, improvement and rehabilitation without additional funds  from
  or   adverse  effects  on  the  tax  base  of  the  state,  counties  or
  municipalities of the state;
    (g) that many such institutions own or plan to acquire  valuable  real
  property  or  interests  in  real property which are unused or underuti-
  lized, and such institutions are unable properly to develop or otherwise
  fully to utilize and realize the value of such real  property  owing  in
  part  to  lack  of  expertise  and  in part to risks to their endowment,
  collections and other capital assets;
    (h) that appropriate development and utilization of such real property
  and interest in real property and the purchase of capital equipment  and

  other  personal  property  would foster continued operation in the state
  and needed expansion, improvement and rehabilitation of  the  space  and
  facilities of such institutions without additional funds from or adverse
  effects  on the tax base of the state, counties or municipalities of the
  state; would help provide suitable  housing  accommodations,  commercial
  uses and related facilities in proximity to such institutions; and would
  otherwise promote the interest of the people of the state;
    (i)  that  development  of suitable housing accommodations, commercial
  uses, and related facilities compatible with and complementary  to  such
  institutions would help to maintain, strengthen and revitalize the areas
  in  which  such  institutions  are  located, that such development would
  encourage such institutions to continue  operation  in  such  areas  and
  permit needed expansion, improvement and rehabilitation of the space and
  facilities  of  such  institutions,  and  that a public purpose would be
  served and the interests of the people of the state would be promoted by
  the  development  of  such  accommodations,  uses  and   facilities   in
  combination with the facilities of such institutions;
    (j)  that  many  not-for-profit  cultural organizations are in need of
  development and/or rehabilitation of sufficient and appropriate space to
  assure their continued existence and  benefit  for  the  people  of  the
  state;  and  that sufficient funds to pay the costs of such needed space
  and facilities of such organizations are not  currently  available  from
  the  state,  counties  or municipalities; and that a program which would
  utilize current resources and bring to bear  other  possible  additional
  resources  for  the  development  and  rehabilitation  of  such space is
  essential to the continued existence and operation of such organizations
  and is therefore found by the legislature to be in the public  interest;
  and
    (k)  that  based  on  past  experience,  the private sector alone will
  continue to be unable properly to develop such  real  property  and  the
  requirements  of  such  institutions  will  not be met unless corrective
  action is taken.
    2. The legislature further  finds,  determines  and  declares  that  a
  public  purpose  would  be served and the interests of the people of the
  state would  be  promoted  by  appropriate  development  of  unused  and
  underutilized  real  property  and  interests  in  real property of such
  institutions;  that  appropriate  development  of  such  real   property
  includes   construction  of  cultural  facilities  and  of  combined-use
  facilities  consisting  of   institutional   portions   (including   the
  expansion,  improvement or rehabilitation of the space and facilities of
  such institutions) and non-institutional  portions  (including  suitable
  housing   accommodations,  related  facilities  and  other  lawful  uses
  compatible with uses of institutional portions of  such  facilities  and
  embodying  architectural  and  design characteristics acceptable to such
  institutions); and that  construction  of  cultural  facilities  and  of
  combined-use  facilities  often  provides the only economically feasible
  method  for  utilizing  such  real  property   for   needed   expansion,
  improvement  and  rehabilitation  of  the  space  and facilities of such
  institutions.
    3. The legislature further  finds,  determines  and  declares  that  a
  public  purpose  would  be served and the interests of the people of the
  state would be promoted by the creation  pursuant  to  this  article  of
  public  benefit corporations, known as trusts for cultural resources, to
  provide for the appropriate development of unused and underutilized real
  property and interests in real property of such institutions and for the
  construction, equipping and furnishing of combined-use  facilities,  and
  of  cultural  facilities  in  accordance  with  this article; that it is
  necessary to grant to trusts for cultural resources the  powers,  rights

  and duties provided by this article which include the delegation of part
  of  the  sovereign  power  of the state; that the creation of trusts for
  cultural  resources,  the  exercise  of  such  powers  and  rights,  the
  performance  of  such  duties,  and  the carrying out of the purposes of
  trusts for cultural resources are in all respects for the benefit of the
  people of the state and are and will serve a public purpose; and that in
  the exercise of such powers and rights, the performance of  such  duties
  and  the  carrying  out  of such purposes, trusts for cultural resources
  created under this article will be performing an  essential  public  and
  governmental function.