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S00183 Summary:

S00183 Actions:

S00183 Committee Votes:

S00183 Floor Votes:

S00183 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         183--B
            Cal. No. 1280
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced  by  Sens.  SERRANO,  BAILEY,  BRESLIN,  KRUEGER, MONTGOMERY,
          SANDERS, SAVINO -- read twice and ordered printed, and when printed to
          be committed to the Committee on Cultural Affairs, Tourism, Parks  and
          Recreation -- committee discharged, bill amended, ordered reprinted as
          amended  and recommitted to said committee -- committee discharged and
          said bill committed to the Committee on Rules  --  reported  favorably
          from  said committee, ordered to a third reading, passed by Senate and
          delivered to the Assembly, recalled, vote  reconsidered,  restored  to
          third  reading,  amended and ordered reprinted, retaining its place in
          the 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;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03617-06-9
        S. 183--B                           2
 
     1    (d)  the  impact  of such proposed closure on the entire real property
     2  system owned and operated by the office; and
     3    (e)  such  other  factors  that  are particularly relevant to the real
     4  property and its function as state land.
     5    2. Not less than four months before the proposed permanent closure  of
     6  public  access  to  such  park  or historic site, the commissioner shall
     7  provide public notice of and conduct one or more public hearings in  the
     8  impacted  area of the proposed closure. Notice of any such hearing shall
     9  be in the environmental notice bulletin.    Each  public  hearing  shall
    10  accept written statements in lieu of an oral presentation.
    11    3.  Upon  conclusion  of the public hearings on a closure, the commis-
    12  sioner shall issue a final report which includes  the  response  on  all
    13  issues  raised  at the hearings and information entered into the hearing
    14  record.  Such final report shall be posted on the website of the office.
    15    4. The commissioner shall issue and submit to the governor, the tempo-
    16  rary president of the senate, the speaker of the assembly, the chair  of
    17  the  senate  cultural affairs and tourism committee and the chair of the
    18  assembly, parks, arts and sports development committee a findings state-
    19  ment on each proposed closure that provides the justification  for  such
    20  closure  or,  in  the  alternative,  the  information  that supports the
    21  continued operation of the real property.
    22    5. The requirements of this section shall not apply to  seasonal  park
    23  closures,  temporary  closures due to inclement weather or as reasonably
    24  necessary to effectuate repairs, maintenance or capital improvements, or
    25  temporary limits on public access for routine operational reasons,  such
    26  as public safety or other emergencies.
    27    § 2. This act shall take effect immediately.