S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   159

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, DINOWITZ, SCARBOROUGH -- 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, 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:

  Section  1.  The  parks,  recreation  and historic preservation law is
amended by adding a new section 13.14 to read as follows:
  S 13.14 CLOSURE OF LANDS OWNED, HELD OR ADMINISTERED BY THE OFFICE. 1.
NOT LESS THAN SIX MONTHS BEFORE THE PROPOSED CLOSURE OF PUBLIC ACCESS TO
ANY REAL PROPERTY OWNED, HELD OR ADMINISTERED BY THE OFFICE, THE COMMIS-
SIONER SHALL ISSUE A DRAFT REPORT THAT PROVIDES  THE  JUSTIFICATION  AND
RATIONAL FOR SUCH CLOSURE INCLUDING, BUT NOT LIMITED TO:
  (A) A FULL DESCRIPTION OF THE REAL PROPERTY;
  (B)  THE  PURPOSES  THAT THE REAL PROPERTY SERVES TO THE PEOPLE OF THE
STATE;
  (C) A COMPARISON OF THE ECONOMIC IMPACTS OF CLOSURE  VERSUS  CONTINUED
OPERATION  OF SUCH REAL PROPERTY TO THE STATE, LOCAL GOVERNMENTS AND THE
PUBLIC;
  (D) AN ANALYSIS OF THE POTENTIAL  HARM  TO  SUCH  REAL  PROPERTY  FROM
VANDALISM,  LACK  OF  MANAGEMENT AND MAINTENANCE, AND OTHER IMPACTS FROM
THE LACK OF REGULAR OVERSIGHT BY THE OFFICE;
  (E) THE IMPACT OF SUCH PROPOSED CLOSURE ON THE  ENTIRE  REAL  PROPERTY
SYSTEM OWNED AND OPERATED BY THE OFFICE; AND
  (F)  SUCH  OTHER  FACTORS  THAT  ARE PARTICULARLY RELEVANT TO THE REAL
PROPERTY AND ITS FUNCTION AS STATE LAND.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00572-01-3
              

A. 159                              2

  2. NOT LESS THAN FOUR MONTHS BEFORE THE  PROPOSED  CLOSURE  OF  PUBLIC
ACCESS  TO  SUCH  REAL  PROPERTY,  THE COMMISSIONER SHALL PROVIDE PUBLIC
NOTICE OF AND CONDUCT ONE OR MORE PUBLIC HEARINGS, INCLUDING ONE IN  THE
IMPACTED  AREA OF THE PROPOSED CLOSURE. NOTICE OF ANY SUCH HEARING SHALL
BE  ON  A  STATEWIDE  BASIS,  INCLUDING PUBLICATION IN THE ENVIRONMENTAL
NOTICE BULLETIN.  EACH PUBLIC HEARING SHALL ACCEPT WRITTEN STATEMENTS IN
LIEU OF AN ORAL PRESENTATION.
  3. UPON CONCLUSION OF THE PUBLIC HEARINGS ON A  CLOSURE,  THE  COMMIS-
SIONER  SHALL  ISSUE  A  FINAL REPORT WHICH INCLUDES THE RESPONSE ON ALL
ISSUES RAISED AT THE HEARINGS AND INFORMATION ENTERED INTO  THE  HEARING
RECORD.    SUCH  FINAL REPORT SHALL BE MADE AVAILABLE AND DISTRIBUTED TO
THE PUBLIC.
  4. THE COMMISSIONER SHALL ISSUE AND SUBMIT TO  THE  GOVERNOR  AND  THE
LEGISLATURE  A FINDINGS STATEMENT ON EACH PROPOSED CLOSURE THAT PROVIDES
THE JUSTIFICATION FOR SUCH CLOSURE OR, IN THE ALTERNATIVE, THE  INFORMA-
TION THAT SUPPORTS THE CONTINUED OPERATION OF THE REAL PROPERTY.
  S 2. This act shall take effect immediately.