Provides that beach areas operated by the office of parks, recreation and historic preservation shall include beach access routes provided for mobility impaired persons.
STATE OF NEW YORK
________________________________________________________________________
309
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. GUNTHER, M. MILLER -- read once and referred to
the Committee on Tourism, Parks, Arts and Sports Development
AN ACT to amend the parks, recreation and historic preservation law and
the executive law, in relation to providing beach access routes for
mobility impaired persons
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The parks, recreation and historic preservation law is
2 amended by adding a new section 13.33 to read as follows:
3 § 13.33 Access routes for mobility impaired persons to state beaches.
4 1. Beach areas operated by the office shall include beach access routes
5 provided for mobility impaired persons connecting the entry point of the
6 beach to the:
7 (a) median high tide level at tidal beaches;
8 (b) mean high water level at river beaches; or
9 (c) normal recreation water level at lake, pond, and reservoir beach-
10 es.
11 2. Such access routes may be provided by means of mats, of no less
12 than five feet in width, or by such other equally effective system as
13 may be determined to be more suitable by the office. Access routes are
14 to have a slope of no more than ten percent and are to include rest
15 areas of at least five feet square at appropriate intervals as deter-
16 mined by the office.
17 § 2. Subparagraphs (iv) and (v) of paragraph (c) of subdivision 2 of
18 section 296 of the executive law, as amended by chapter 89 of the laws
19 of 2015, are amended and a new subparagraph (vi) is added to read as
20 follows:
21 (iv) where such person is a local or state government entity, a
22 refusal to remove architectural barriers, and communication barriers
23 that are structural in nature, in existing facilities, and transporta-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02718-01-1
A. 309 2
1 tion barriers in existing vehicles and rail passenger cars used by an
2 establishment for transporting individuals (not including barriers that
3 can only be removed through the retrofitting of vehicles or rail passen-
4 ger cars by the installation of a hydraulic or other lift), where such
5 removal does not constitute an undue burden; except as set forth in
6 paragraph (e) of this subdivision; nothing in this section would require
7 a public entity to: necessarily make each of its existing facilities
8 accessible to and usable by individuals with disabilities; take any
9 action that would threaten or destroy the historical significance of an
10 historic property; or to make structural changes in existing facilities
11 where other methods are effective in achieving compliance with this
12 section; [and]
13 (v) where such person can demonstrate that the removal of a barrier
14 under subparagraph (iii) of this paragraph is not readily achievable, a
15 failure to make such facilities, privileges, advantages or accommo-
16 dations available through alternative methods if such methods are readi-
17 ly achievable[.]; and
18 (vi) (A) where such person is a local or state government entity, a
19 refusal to ensure that access routes are provided for mobility impaired
20 persons from the entry point of the beach open to the:
21 (1) median high tide level at tidal beaches;
22 (2) mean high water level at river beaches; or
23 (3) normal recreation water level at lake, pond, and reservoir beach-
24 es.
25 (B) Such access routes may be provided by means of mats, of no less
26 than five feet in width, or by such other equally effective system as
27 may be determined to be more suitable by the office of parks, recreation
28 and historic preservation. Access routes are to have a slope of no more
29 than ten percent and are to include rest areas of at least five feet
30 square at appropriate intervals as determined by such office.
31 § 3. This act shall take effect on the one hundred twentieth day after
32 it shall have become a law. Effective immediately, the addition, amend-
33 ment and/or repeal of any rule or regulation necessary for the implemen-
34 tation of this act on its effective date are authorized to be made on or
35 before such date.