senate Bill S930

Requires the conducting of public hearings and reports thereon prior to the closure of any real property by the office of parks, recreation and historic preservation

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 09 / Jan / 2013
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 08 / Jan / 2014
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

Summary

Requires the conducting of public hearings and reports thereon prior to the closure to public access of any real property by the office of parks, recreation and historic preservation.

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Bill Details

See Assembly Version of this Bill:
A159
Versions:
S930
Legislative Cycle:
2013-2014
Current Committee:
Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Add §13.14, Pks & Rec L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1918, A693
2009-2010: S7457, A10452

Sponsor Memo

BILL NUMBER:S930

TITLE OF BILL:
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

PURPOSE OF THE BILL:
The bill would require the conduct of public
hearings and reports thereon prior to the closure of any real
property by OPRHP.

SUMMARY OF PROVISIONS:
The bill would add a new Section 13.14 of the
Parks, Recreation and Historic Preservation Law to require the agency
to prepare a draft report that provides justification and the
rationale for the closure of public access of any real property owned
or operations by OPRHP, at least six months prior to a proposed
closure of such lands.
The bill specifies the elements of the report, which must be subject
to one of more public hearings at least 4 months prior to such
proposed closure, with at least one public hearing in the impacted
area. OPRHP must issue a final report that includes a response to all
issues raised at the hearings; the report must be publicly available
and submitted to the Governor and the Legislature.

JUSTIFICATION:
If OPRHP proposes to close to the public any park,
historic preservation site, bird conservation area or other facility
under its jurisdiction, the agency should be required to evaluate and
support such proposed closure and its impact on the public. Public
review and public hearings will offer the opportunity for public
scrutiny of such proposals, and if a proposed closure is not
adequately supported by the agency, it should not go forward.
Providing this information to the Governor and the Legislature will
allow them to responds to such actions as well. Protection of our
priceless natural and public recreation resources is paramount.
Closures can result in vandalism, deterioration of the infrastructure
and other damage that would go undetected and not corrected. The
State has a significant investment in the State park system that must
be protected for the benefit of all of the citizens of NYS.

PRIOR LEGISLATIVE HISTORY:
2009-2010: A.10452 DelMonte, Passed Assembly unanimously. Senate -
Died in Finance
2011-2012: S1918

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
There would be
costs associated with the preparation of the report and conduct of
one or more public hearings.

EFFECTIVE DATE:
This act would take effect immediately.


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

                                   930

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. SERRANO, ADAMS, BRESLIN, DILAN, ESPAILLAT, KRUEGER,
  MONTGOMERY, SAMPSON, SAVINO, VALESKY -- read twice and ordered  print-
  ed,  and  when  printed  to  be committed to the Committee on Cultural
  Affairs, Tourism, Parks and Recreation

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

S. 930                              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.

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