S T A T E   O F   N E W   Y O R K
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                                  7675--A
                                                            R. R. 182
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section 1. The parks, recreation  and  historic  preservation  law  is
 amended by adding a new section 13.14 to read as follows:
   § 13.14 CLOSURE OF LANDS OWNED, HELD OR ADMINISTERED BY THE OFFICE. 1.
 EXCEPT  AS  PROVIDED  IN SUBDIVISION FIVE OF THIS SECTION, NOT LESS THAN
 SIX MONTHS BEFORE THE PROPOSED PERMANENT CLOSURE OF A PARK  OR  HISTORIC
 SITE  OWNED,  HELD OR ADMINISTERED BY THE OFFICE, THE COMMISSIONER SHALL
 ISSUE A DRAFT REPORT THAT PROVIDES THE JUSTIFICATION AND  RATIONALE  FOR
 SUCH CLOSURE INCLUDING, BUT NOT LIMITED TO:
   (A) A FULL DESCRIPTION OF THE REAL PROPERTY;
   (B) THE PURPOSES THAT THE PARK OR HISTORIC SERVES TO THE PEOPLE OF THE
 STATE;
   (C)  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;
   (D)  THE  IMPACT  OF SUCH PROPOSED CLOSURE ON THE ENTIRE REAL PROPERTY
 SYSTEM OWNED AND OPERATED BY THE OFFICE; AND
   (E) 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.
              

                                                            LBD03617-05-9

 A. 7675--A                          2
 
   2.  NOT LESS THAN FOUR MONTHS BEFORE THE PROPOSED PERMANENT CLOSURE OF
 PUBLIC ACCESS TO SUCH PARK OR  HISTORIC  SITE,  THE  COMMISSIONER  SHALL
 PROVIDE  PUBLIC NOTICE OF AND CONDUCT ONE OR MORE PUBLIC HEARINGS IN THE
 IMPACTED AREA OF THE PROPOSED CLOSURE. NOTICE OF ANY SUCH HEARING  SHALL
 BE  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 POSTED ON THE WEBSITE OF THE OFFICE.
   4. THE COMMISSIONER SHALL ISSUE AND SUBMIT TO THE GOVERNOR, THE TEMPO-
 RARY  PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF
 THE SENATE CULTURAL AFFAIRS AND TOURISM COMMITTEE AND THE CHAIR  OF  THE
 ASSEMBLY, PARKS, ARTS AND SPORTS DEVELOPMENT COMMITTEE A FINDINGS STATE-
 MENT  ON  EACH PROPOSED CLOSURE THAT PROVIDES THE JUSTIFICATION FOR SUCH
 CLOSURE OR, IN  THE  ALTERNATIVE,  THE  INFORMATION  THAT  SUPPORTS  THE
 CONTINUED OPERATION OF THE REAL PROPERTY.
   5.  THE  REQUIREMENTS OF THIS SECTION SHALL NOT APPLY TO SEASONAL PARK
 CLOSURES, TEMPORARY CLOSURES DUE TO INCLEMENT WEATHER OR  AS  REASONABLY
 NECESSARY TO EFFECTUATE REPAIRS, MAINTENANCE OR CAPITAL IMPROVEMENTS, OR
 TEMPORARY  LIMITS ON PUBLIC ACCESS FOR ROUTINE OPERATIONAL REASONS, SUCH
 AS PUBLIC SAFETY OR OTHER EMERGENCIES.
   § 2. This act shall take effect immediately.