Requires the conducting of public hearings and reports thereon prior to the permanent closure of a park or historic site owned, held or administered by the office of parks, recreation and historic preservation.
STATE OF NEW YORK
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7675--A
R. R. 182
2019-2020 Regular Sessions
IN ASSEMBLY
May 14, 2019
___________
Introduced by M. of A. BURKE -- read once and referred to the Committee
on Tourism, Parks, Arts and Sports Development -- reported and
referred to the Committee on Ways and Means -- reported and referred
to the Committee on Rules -- amended on the special order of third
reading, ordered reprinted as amended, retaining its place on the
special order of third reading
AN ACT to amend the parks, recreation and historic preservation law, in
relation to requiring an evaluation of the impacts of the closure of
public access to any land owned or operated by the office of parks,
recreation and historic preservation
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 13.14 to read as follows:
3 § 13.14 Closure of lands owned, held or administered by the office. 1.
4 Except as provided in subdivision five of this section, not less than
5 six months before the proposed permanent closure of a park or historic
6 site owned, held or administered by the office, the commissioner shall
7 issue a draft report that provides the justification and rationale for
8 such closure including, but not limited to:
9 (a) a full description of the real property;
10 (b) the purposes that the park or historic serves to the people of the
11 state;
12 (c) an analysis of the potential harm to such real property from
13 vandalism, lack of management and maintenance, and other impacts from
14 the lack of regular oversight by the office;
15 (d) the impact of such proposed closure on the entire real property
16 system owned and operated by the office; and
17 (e) such other factors that are particularly relevant to the real
18 property and its function as state land.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03617-05-9
A. 7675--A 2
1 2. Not less than four months before the proposed permanent closure of
2 public access to such park or historic site, the commissioner shall
3 provide public notice of and conduct one or more public hearings in the
4 impacted area of the proposed closure. Notice of any such hearing shall
5 be in the environmental notice bulletin. Each public hearing shall
6 accept written statements in lieu of an oral presentation.
7 3. Upon conclusion of the public hearings on a closure, the commis-
8 sioner shall issue a final report which includes the response on all
9 issues raised at the hearings and information entered into the hearing
10 record. Such final report shall be posted on the website of the office.
11 4. The commissioner shall issue and submit to the governor, the tempo-
12 rary president of the senate, the speaker of the assembly, the chair of
13 the senate cultural affairs and tourism committee and the chair of the
14 assembly, parks, arts and sports development committee a findings state-
15 ment on each proposed closure that provides the justification for such
16 closure or, in the alternative, the information that supports the
17 continued operation of the real property.
18 5. The requirements of this section shall not apply to seasonal park
19 closures, temporary closures due to inclement weather or as reasonably
20 necessary to effectuate repairs, maintenance or capital improvements, or
21 temporary limits on public access for routine operational reasons, such
22 as public safety or other emergencies.
23 § 2. This act shall take effect immediately.
