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S02854 Summary:

S02854 Actions:

S02854 Committee Votes:

S02854 Floor Votes:

S02854 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2854--B
            Cal. No. 1031
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 30, 2019
                                       ___________
 
        Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cultural Affairs, Tourism,
          Parks and  Recreation  --  reported  favorably  from  said  committee,
          ordered  to first and second report, amended on second report, ordered
          to a third reading, and to be  reprinted  as  amended,  retaining  its
          place in the order of third reading --  amended and ordered reprinted,
          retaining its place in the order of third reading
 
        AN  ACT  requiring  the  development,  adoption  and implementation of a
          master plan for the Nissequogue River State Park
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.    Legislative  intent. The legislature finds and declares
     2  that Kings Park in the town of Smithtown is home to a  large  parcel  of
     3  land  commonly  referred  to  as the Kings Park Psychiatric Center ("the
     4  center"). The center was closed in 1996, and in 2001, 155 acres  of  the
     5  center  were designated state parkland, thereby creating the Nissequogue
     6  River State Park ("NRSP"). In 2006, an additional 364.68  acres  of  the
     7  center's  property  was  administratively transferred by and between the
     8  office of general services, the department of mental  hygiene,  and  the
     9  office of parks, recreation and historic preservation.
    10    The  legislature  further finds and declares that the initial 2001 and
    11  subsequent 2006 administrative  actions  taken  to  establish  and  then
    12  expand the center's property into the eventual NRSP is fully dispositive
    13  of  the  will of the community and of local and state elected officials,
    14  while others believe that a statutory codification is preferable.
    15    The legislature therefore finds and declares that this legislation  is
    16  needed  to:  (a)  codify  and ensure that the 2001 and 2006 transfers of
    17  land from the center to establish the NRSP are protected  from  adminis-
    18  trative changes; and (2) develop a master plan for the NRSP.
    19    §  2. (a) For purposes of this section, "Nissequogue River State Park"
    20  shall mean the 155-acre portion of the  former  Kings  Park  Psychiatric
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06011-05-9
        S. 2854--B                          2
 
     1  Center  property  closed  in 1996 and then transferred into the New York
     2  state park system in 2001, along with the 364.68 acres of former  hospi-
     3  tal  property  administratively transferred by an order of the office of
     4  general  services,  dated  December 29, 2006 entitled, "In the Matter of
     5  the Application of the Office of Parks, Recreation and Historic  Preser-
     6  vation  for  a  transfer of jurisdiction of certain lands located in the
     7  Town of Smithtown, County of Suffolk".
     8    (b) The commissioner of the office of parks, recreation  and  historic
     9  preservation  (OPRHP),  in  cooperation with the Nissequogue River State
    10  Park Foundation and other interested parties, including but not  limited
    11  to  the  town  of Smithtown, shall develop, adopt and implement a master
    12  plan for the  Nissequogue  River  State  Park,  Kings  Park,  county  of
    13  Suffolk.
    14    (c)  The  master  plan  shall  take  into  consideration the historic,
    15  natural and recreational resources of the park  and  respond  to  recre-
    16  ational  needs  and  safety  of  park  patrons,  the  protection  of the
    17  resources of the park and principles of sustainability. The master  plan
    18  shall  include  short- and long-term agendas to guide future development
    19  of new and enhanced park facilities and shall establish goals concerning
    20  individual park resources, access, maintenance, operations and  develop-
    21  ment.
    22    (d)  The  plan  shall present a series of "preferred alternatives" for
    23  the future development and operation  of  the  Nissequogue  River  State
    24  Park; provided that the initiation of any specific action will be deter-
    25  mined by the level of funding available to OPRHP in future years.
    26    (e)  The  commissioner of the office of parks, recreation and historic
    27  preservation shall hold such public meetings to gather information  from
    28  the general public and other state, local and federal agencies about the
    29  past  uses  and  issues associated with future uses of the park as he or
    30  she deems necessary and/or desirable.
    31    (f) The development of such plan shall commence within sixty  days  of
    32  the  effective  date  of this act and the plan shall be completed within
    33  one year thereafter.
    34    (g) Details of the plan shall be made available to the public  on  the
    35  website of the office of parks, recreation and historic preservation and
    36  on the Nissequogue River State Park website.
    37    § 3. The plan shall include an environmental impact statement prepared
    38  in  accordance  with  the  provisions  of article 8 of the environmental
    39  conservation law.
    40    § 4. This act shall take effect immediately.