Agency. "Agency" means a city, county, borough, or other office, position, administration, department, division, bureau, board or commission, or a corporation, institution or agency of government, the expenses of which are paid in whole or in part from the city treasury.
Architect. "Architect" means the professional, whether a city employee, or a consultant, responsible for the design of an eligible project.
Art allocation. "Art allocation" means the dollar amount of the budget of an eligible project available for expenditure for works of art, calculated as follows:
(a) Not less than 1 percent of the first twenty million dollars ($20,000,000) of capital funds appropriated in the city capital budget for an eligible project, not including funds appropriated for the acquisition of real property; plus,
(b) Not less than 1/2 of 1 percent of the capital funds in excess of the first twenty million dollars ($20,000,000) appropriated in the city capital budget for such eligible project, not including funds appropriated for the acquisition of real property; provided, however, that such allocation will be recalculated if changes in the project scope prior to the selection of works of art result in a change of 15 percent or more of the capital funds originally appropriated in the city capital budget for such eligible project; and provided further, however, that in no case shall Section 224 of the Charter require the expenditure of more than four hundred thousand dollars ($400,000) for works of art for any one eligible project, not more than one and one-half million dollars ($1,500,000) for works of art in any one fiscal year. This allocation may be used for, but is not limited to, the acquisition of existing works of art, the commissioning and acquisition of new works of art, the restoring or refurbishing of existing works of art, the removal of works of art to an eligible project from another site, and/or the installation of works of art at the site of an eligible project.
Art Commission. "Art Commission" means the body created pursuant to Chapter 37 of the Charter.
Commissioner. "Commissioner" means the Commissioner of the Department of Cultural Affairs.
Design agency. "Design agency" means the city agency responsible for the preparation of the design of a project.
Director. "Director" means the director of the Mayor's Office of Construction or its successor.
Eligible project. "Eligible project" means a capital project for which capital funds are appropriated by the city, and which involves the construction or substantial reconstruction of a city-owned building or structure, the intended use of which requires that it be accessible to the public generally or to members of the public participating in, requiring or receiving programs, services or benefits provided thereat. Buildings or structures within this category include, but shall not be limited to, office buildings, buildings designed for recreational purposes, police precinct houses, fire houses, schools, prisons and detention centers, hospitals and clinics, passenger terminals, shelters, libraries, community centers and court buildings.
Panel. "Panel" means an advisory panel as provided in 43 RCNY § 2-03.
Substantial reconstruction. "Substantial reconstruction" means a capital project in which at least two of the major systems [electrical, HVAC (heating, ventilating and air conditioning), or plumbing] of a building are replaced and general construction work, including but not limited to new flooring, ceilings, partitions, windows, affects at least 80 percent of the building's floor area.
Work(s) of art. "Work(s) of art" means all forms of visual arts conceived in any medium, material or combination thereof.
These Regulations apply to projects listed in the city's capital budget and include each line project and each project of a multi-project effort generally described in a lump sum budget line. Individual projects including multi-year projects, which are part of a major improvement program or betterment at a specific site may be subject to these Rules as set forth below.
(a) Membership and organization.
(1) For each eligible project, the Commissioner will convene a panel consisting of:
(i) the Commissioner or his/her designee;
(ii) one representative of the city agency having jurisdiction over the eligible project upon its completion, if other than the Department of Cultural Affairs (such representative shall not be the Architect);
(iii) one representative of the Design agency, if other than (ii) above (such representative shall not be the Architect); and,
(iv) three representatives of the public generally recognized as knowledgeable in the field of public art, and selected by the Commissioner, at least one of whom shall reside in or maintain a place of business in the borough in which the project is located. If the Department of Cultural Affairs is the agency referred to in both (ii) and (iii) above, then four such representatives of the public, selected by the Commissioner.
(2) Each member shall have one vote; except, in the event of a tie vote by the members, the Chairperson shall have two votes.
(3) A majority of the votes eligible to be cast shall constitute a quorum to do business. Any action taken by the Panel shall require the assent of a majority of the votes present.
(4) One representative of the Art Commission and one representative or the Director will be non-voting ex officio members of each panel and will not be counted as part of the quorum.
(5) The Commissioner or his/her designee shall serve as Chairperson of the Panel.
(6) The Chairperson may invite other knowledgeable persons to address the Panel but they shall not have a vote.
(b) Duties. Upon reviewing the scope of each eligible project and any reports, comments or recommendations of the Architect and the agencies involved in its construction, after due deliberation, and following full consultation with the Architect, the Panel shall inform the Design Agency in writing of its recommendations as follows:
(1) the nature of work(s) of art to be considered for the eligible project;
(2) if new work(s) of art are to be commissioned, then the names of artists to be considered to create the work(s) of art or the manner to be used to select an artist, as through a competition, for example;
(3) if work(s) of art already in existence are to be used, then specific art works or works of suggested artists shall be recommended;
(4) other suggestions for the use of the art allocation, such as refurbishing or restoring existing work(s) of art located at the site or to be relocated to the site.
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