Assembly Bill A10576A

2009-2010 Legislative Session

Regulates the closure and reduction in use of state parks, recreational facilities and historic sites

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2010	reported referred to ways and means
May 13, 2010	print number 10576a
May 13, 2010	amend and recommit to tourism, arts and sports development
Apr 08, 2010	referred to tourism, arts and sports development

Bill Amendments

co-Sponsors

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multi-Sponsors

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2009-A10576 - Details

See Senate Version of this Bill:: S7459
Current Committee:: Assembly Ways And Means
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Add Art 13-A §§13.51 - 13.55, Pks & Rec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5579
2013-2014: A5809
2015-2016: A1552

2009-A10576 - Summary

Regulates the closure and reduction in use of state parks, recreational facilities and historic sites; requires the office of parks, recreation and historic preservation to publish a parks informational closure report and hold public hearings thereon; requires state legislative approval of any such action.

2009-A10576 - Sponsor Memo

                                BILL NUMBER:A10576

TITLE OF BILL:  An act to amend the parks, recreation and historic pres-
ervation  law,  in  relation to regulating the closure and diminution of
state parks, recreational facilities and historic sites

Purpose Or General Idea Of Bill:  This bill would require the Office  of
Parks,  Recreation,  and  Historic  Preservation  to  fully consider the
consequences of ever closure or reduction in the use of any state  park,
recreational facility or historic site.

Summary  Of Specific Provisions:  This legislation would add a new Arti-
cle 13-A to the Parks, Recreation and Historic Preservation Law  requir-
ing a Parks Informational Closure Report (PICR) to be published at least
120 days prior to the prior to the proposed date of closure of any state
park,  recreational facility, or historic site. The report would be made
available to the public. Each report would include  information  regard-
ing:  other  similar  state  facilities  within twenty-five miles of the
facility slated for closure, the economic  impact  of  the  closure,  an
evaluation  of  the  use  of  the  facility by educational institutions,
whether any moneys from the federal Land  and  Water  Conservation  Fund
were  expended  at  the  facility, a security and maintenance plan to be
implemented upon the closure or reduction,  and  an  evaluation  on  the
adverse ecological impact of the closure.

This  legislation  would  require  the  Office of Parks, Recreation, and

Historic Preservation to hold a series of at least three public hearings
within thirty days of publishing a Parks  Informational  Closure  Report
(PICR).  Two  of the hearings must take place within twenty miles of the
facility slated for closure or reduction,

This legislation would require the State Legislature to  pass  a  resol-
ution  authorizing  the closure or reduction of such a facility prior to
any closure or reduction action taken by the Office.

Effects Of Present Law Which  This  Bill  Would  Alter:    This  is  new
language.

Justification:   State Parks, recreational facilities and historic sites
are beloved and important parts  of  communities  all  across  New  York
State.  State  Parks  and  historic sites reach far beyond the land they
occupy: they have become an intricate part of the social fabric  of  the
communities  they  serve:  impacting education, ecology and the economy.
This legislation is necessary to ensure that these facilities are treat-
ed with the respect and consideration they deserve.

Prior Legislative History:  This is a new bill.

Fiscal implications For State And Local Governments:  N/A

Effective Date:  Immediately

2009-A10576 - Bill Text download pdf

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

                                  10576

                          I N  A S S E M B L Y

                              April 8, 2010
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, DelMONTE, FIELDS, SCHIMEL, GABRYS-
  ZAK, REILLY, ROSENTHAL, CAHILL, LAVINE -- 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 regulating the closure  and  diminution  of  state  parks,
  recreational facilities and historic sites

  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 article 13-A to read as follows:
                               ARTICLE 13-A
                          CLOSURE OR REDUCTION
SECTION 13.51 PURPOSES.
        13.53 PARKS INFORMATIONAL CLOSURE REPORT.
        13.55 CLOSURE OR REDUCTION.
  S 13.51 PURPOSES. IT IS THE PURPOSE OF THIS ARTICLE THAT THE OFFICE BE
REQUIRED  TO CONSIDER THE FULL ARRAY OF CONSEQUENCES OF EVERY CLOSURE OR
REDUCTION IN THE USE OF ANY STATE PARK, RECREATIONAL FACILITY OR HISTOR-
IC SITE. THE LEGISLATURE HEREBY FINDS THAT THE CLOSURE OR  REDUCTION  IN
THE USE OF REAL PROPERTY OWNED OR OPERATED BY THE OFFICE MAY:
  1.  VIOLATE  THE TERMS OF COVENANTS AND DEEDS WHICH GRANT OWNERSHIP OF
OR CONTROL OVER SUCH REAL PROPERTY TO THE STATE AND THE OFFICE;
  2. VIOLATE THE OFFICE'S DUTY TO MAINTAIN  AND  PROVIDE  PARKS,  RECRE-
ATIONAL  FACILITIES  AND HISTORIC SITES FOR THE BENEFIT OF THE PEOPLE OF
THE STATE;
  3. HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ECOLOGY  AND  BIODIVERSITY
OF  THE  STATE  PARK, RECREATIONAL FACILITY OR HISTORIC SITE, AS WELL AS
THE REGIONAL POPULACE, ECONOMY AND POPULACE OF THE MUNICIPALITIES WITHIN
WHICH SUCH REAL PROPERTY IS LOCATED;
  4. HAVE A SIGNIFICANT ADVERSE IMPACT ON EACH  EDUCATIONAL  INSTITUTION
THAT HAS UTILIZED THE STATE PARK, RECREATIONAL FACILITY OR HISTORIC SITE
WITHIN THE PRIOR TWENTY-FOUR MONTHS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16482-03-0

A. 10576                            2

  5.  VIOLATE  THE  TERMS  OF  A  GRANT OR GRANTS PROVIDED TO THE OFFICE
PURSUANT TO THE FEDERAL LAND AND WATER CONSERVATION FUND ACT OF NINETEEN
HUNDRED SIXTY-FIVE, AND ACTS AMENDATORY OR SUPPLEMENTAL THERETO;
  6.  FAIL TO FULLY CONSIDER THE MAINTENANCE, SAFETY AND SECURITY THERE-
OF; AND
  7. FAIL TO FULLY CONSIDER ALTERNATIVE ACTIONS WHICH  WOULD  FACILITATE
THE  CONTINUED OPERATION AND MAINTENANCE OF THE STATE PARK, RECREATIONAL
FACILITY OR HISTORIC SITE.
  S 13.53 PARKS INFORMATIONAL CLOSURE  REPORT.  1.  NOT  LESS  THAN  ONE
HUNDRED  TWENTY  DAYS  BEFORE THE OFFICE HAS PROPOSED TO CLOSE OR REDUCE
THE USE OF ANY STATE PARK, RECREATIONAL FACILITY OR HISTORIC SITE,  SUCH
OFFICE SHALL PUBLISH FOR GENERAL DISTRIBUTION IN ANY PRINT OR ELECTRONIC
MEDIUM A PARKS INFORMATIONAL REPORT RELATING TO SUCH PROPOSED CLOSURE OR
REDUCTION.  EVERY  PARKS INFORMATIONAL CLOSURE REPORT SHALL BE SUBMITTED
TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE  SPEAKER  OF
THE  ASSEMBLY,  THE  CHAIR  OF THE SENATE COMMITTEE ON CULTURAL AFFAIRS,
TOURISM, PARKS AND RECREATION, THE CHAIR OF THE  ASSEMBLY  COMMITTEE  ON
TOURISM,  PARKS,  ARTS  AND  SPORTS DEVELOPMENT, AND THE CHIEF EXECUTIVE
OFFICER OF EACH COUNTY, CITY, TOWN AND/OR VILLAGE  IN  WHICH  THE  STATE
PARK,  RECREATIONAL  FACILITY OR HISTORIC SITE IS LOCATED.  IN ADDITION,
SUCH REPORT SHALL BE PUBLISHED FOR NOT LESS THAN SEVEN CONSECUTIVE  DAYS
IN A NEWSPAPER HAVING A GENERAL CIRCULATION IN THE MUNICIPALITY IN WHICH
THE  PARK,  FACILITY  OR  SITE  IS  LOCATED AND SHALL BE INCLUDED ON THE
INTERNET WEBSITE OF THE OFFICE FOR BROADER REVIEW.
  2.  THE  PARKS  INFORMATIONAL  CLOSURE  REPORT  FOR  EACH  CLOSURE  OR
REDUCTION IN USE SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A) AN EVALUATION OF PARKS, RECREATIONAL FACILITIES AND HISTORIC SITES
AVAILABLE  FOR PUBLIC USE WITHIN TWENTY-FIVE MILES OF THE STATE FACILITY
PROPOSED TO BE CLOSED OR REDUCED IN USE;
  (B) AN EVALUATION OF AND REPORT ON THE ECONOMIC IMPACT OF THE  CLOSURE
OR  REDUCTION  IN USE OF THE STATE FACILITY ON THE STATE AND THE MUNICI-
PALITIES SURROUNDING SUCH FACILITY. SUCH EVALUATION  SHALL  INCLUDE  THE
COST  TO THE OFFICE OF OPERATING SUCH FACILITY, THE REVENUE GENERATED BY
THE OPERATION OF SUCH FACILITY, THE REVENUE PAYABLE TO SURROUNDING COUN-
TIES, CITIES, TOWNS AND VILLAGES GENERATED  BY  THE  OPERATION  OF  SUCH
FACILITY, AND THE ESTIMATED COST OF RE-OPENING SUCH FACILITY;
  (C)  AN  EVALUATION  OF AND REPORT ON THE USE OF THE STATE FACILITY BY
EDUCATIONAL INSTITUTIONS;
  (D) A DETERMINATION OF WHETHER ANY MONEYS FROM THE  FEDERAL  LAND  AND
WATER  CONSERVATION FUND WERE EXPENDED AT THE STATE FACILITY PROPOSED TO
BE CLOSED OR REDUCED IN USE AND, IF SO, A DETERMINATION BY  THE  FEDERAL
SECRETARY OF THE INTERIOR ON THE PERMITTED USES OF SUCH STATE FACILITY;
  (E) A SECURITY PLAN TO BE IMPLEMENTED UPON THE CLOSURE OR REDUCTION IN
USE  OF THE STATE FACILITY TO PREVENT VANDALISM AND ENSURE PUBLIC SAFETY
THEREAT;
  (F) A MAINTENANCE PLAN AND SCHEDULE FOR THE CONTINUED  UPKEEP  OF  THE
BUILDINGS,  STRUCTURES  AND  LAND  AT  THE STATE FACILITY PROPOSED TO BE
CLOSED OR REDUCED IN USE. SUCH PLAN SHALL INCLUDE, BUT  NOT  BE  LIMITED
TO, THE CONTINUED MOWING OF GRASSES AND BRUSH, AND PROVIDE FOR THE REGU-
LAR  INSPECTION  OF  SUCH  FACILITY  BY  AN  OFFICER  OR EMPLOYEE OF THE
REGIONAL PARK, RECREATION AND HISTORIC PRESERVATION COMMISSION AT  LEAST
ONCE  EVERY MONTH TO ASCERTAIN WHETHER SUCH FACILITY IS BEING MAINTAINED
IN ACCORDANCE WITH THE MAINTENANCE PLAN;
  (G) AN EVALUATION AND REPORT ON THE ADVERSE ECOLOGICAL IMPACT  OF  THE
CLOSURE  OR REDUCTION IN USE OF THE STATE FACILITY, INCLUDING ANY POTEN-

A. 10576                            3

TIAL LOSS OF NATIVE SPECIES OF PLANTS OR ANIMALS OR THE INTRODUCTION  OR
SPREAD OF INVASIVE NON-NATIVE SPECIES OF PLANTS OR ANIMALS; AND
  (H)  AN OUTLINE OF ALTERNATIVE ACTIONS THAT MAY BE TAKEN BY THE OFFICE
TO ENSURE THE CONTINUED FULL USE OF THE STATE FACILITY. SUCH ALTERNATIVE
ACTIONS SHALL INCLUDE THE PREPARATION  OF  REQUESTS  FOR  PROPOSALS  AND
AGREEMENTS  WITH  ANY NOT-FOR-PROFIT CORPORATION AND/OR MUNICIPALITY FOR
THE PROVISION OF ANY SERVICE OR FINANCIAL SUPPORT AT THE STATE  FACILITY
PROPOSED  TO  BE  CLOSED OR REDUCED IN USE. NO PROVISION OF SUCH OUTLINE
SHALL PROVIDE FOR THE SURRENDER OR DIMINUTION OF THE JURISDICTION OF THE
OFFICE OVER SUCH FACILITY.
  3. NOT MORE THAN THIRTY DAYS AFTER THE ISSUANCE OF  A  PARKS  INFORMA-
TIONAL  CLOSURE  REPORT,  THE  OFFICE  SHALL CONDUCT NOT LESS THAN THREE
PUBLIC HEARINGS, TWO OF WHICH SHALL BE CONDUCTED WITHIN TWENTY MILES  OF
THE STATE FACILITY OF WHICH ONE MUST BE CONDUCTED IN THE EVENING THAT IS
THE  SUBJECT  OF SUCH REPORT, AND ONE OF WHICH SHALL BE CONDUCTED EITHER
IN THE CITY OF NEW YORK OR IN THE CITY OF ALBANY,  FOR  THE  PURPOSE  OF
REVIEWING  AND  RECEIVING  PUBLIC COMMENT UPON SUCH REPORT. AT EACH SUCH
HEARING THE OFFICE SHALL EMPLOY STENOGRAPHERS TO  RECORD  THE  TESTIMONY
GIVEN.  WITHIN  FIVE  DAYS AFTER EACH PUBLIC HEARING A COPY OF THE TRAN-
SCRIPT OF THE HEARING SHALL BE DELIVERED TO THE GOVERNOR, THE  TEMPORARY
PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE
SENATE COMMITTEE ON CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION, THE
CHAIR OF THE ASSEMBLY COMMITTEE  ON  TOURISM,  PARKS,  ARTS  AND  SPORTS
DEVELOPMENT,  AND THE CHIEF EXECUTIVE OFFICER OF EACH COUNTY, CITY, TOWN
AND/OR VILLAGE IN WHICH THE STATE PARK, RECREATIONAL FACILITY OR HISTOR-
IC SITE IS LOCATED.
  S 13.55 CLOSURE OR REDUCTION. NO STATE PARK, RECREATIONAL FACILITY  OR
HISTORIC SITE SHALL BE CLOSED OR REDUCED IN USE UNTIL THE STATE LEGISLA-
TURE  SHALL  HAVE BEEN IN RECEIPT OF THE APPROPRIATE PARKS INFORMATIONAL
CLOSURE REPORT AND THE TRANSCRIPT OF THE PUBLIC  HEARINGS  HELD  THEREON
FOR  NOT  LESS  THAN  FORTY-FIVE  DAYS  AND  THE  LEGISLATURE SHALL HAVE
APPROVED A CONCURRENT RESOLUTION AUTHORIZING SUCH CLOSURE  OR  REDUCTION
IN USE.
  S 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A10576A (ACTIVE) - Details

See Senate Version of this Bill:: S7459
Current Committee:: Assembly Ways And Means
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Add Art 13-A §§13.51 - 13.55, Pks & Rec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5579
2013-2014: A5809
2015-2016: A1552

2009-A10576A (ACTIVE) - Summary

2009-A10576A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10576A

TITLE OF BILL:  An act to amend the parks, recreation and historic pres-
ervation law, in relation to regulating the closure and diminution of
state parks, recreational facilities and historic sites

Purpose Or General idea Of Bill:  This bill would require the Office of
Parks, Recreation, and Historic Preservation to fully consider the
consequences of ever closure or reduction in the use of any state park,
recreational facility or historic site.

Summary Of Specific Provisions:  This legislation would add a new Arti-
cle 13-A to the Parks, Recreation and Historic Preservation Law requir-
ing a Parks Informational Closure Report (PICR) to be published at least
120 days prior to the prior to the proposed date of closure of any state
park, recreational facility, or historic site. The report would be made
available to the public. Each report would include information regard-
ing: other similar state facilities within twenty-five miles of the
facility slated for closure, the economic impact of the closure, an
evaluation of the use of the facility by educational institutions,
whether any moneys from the federal Land and Water Conservation Fund
were expended at the facility, a security and maintenance plan to be
implemented upon the closure or reduction, and an evaluation on the
adverse ecological impact of the closure.

This legislation would require the Office of Parks, Recreation, and

Historic Preservation to hold a series of at least three public hearings
within thirty days of publishing a Parks Informational Closure Report
(PICR). Two of the hearings must take place within twenty miles of the
facility slated for closure or reduction.

This legislation would require the State Legislature to pass a resol-
ution authorizing the closure or reduction of such a facility prior to
any closure or reduction action taken by the Office.

Effects Of Present Law Which This Bill Would Alter:  This is new
language.

Justification:  State Parks, recreational facilities and historic sites
are beloved and important parts of communities all across New York
State. State Parks and historic sites reach far beyond the land they
occupy: they have become an intricate part of the social fabric of the
communities they serve; impacting education, ecology and the economy.
This legislation is necessary to ensure that these facilities are treat-
ed with the respect and consideration they deserve.

Prior Legislative History:  This is a new bill.

Fiscal Implications For State And Local Governments:  N/A

Effective Date:  Immediately

2009-A10576A (ACTIVE) - Bill Text download pdf

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

                                10576--A

                          I N  A S S E M B L Y

                              April 8, 2010
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, DelMONTE, FIELDS, SCHIMEL, GABRYS-
  ZAK, REILLY, ROSENTHAL, CAHILL, LAVINE, McENENY, MAISEL, JAFFEE, MILL-
  MAN, ROBINSON, SPANO, WEISENBERG, J. RIVERA, GIBSON -- Multi-Sponsored
  by -- M. of A.  DESTITO, GLICK, GOTTFRIED, JOHN, MARKEY, MURRAY, PHEF-
  FER, SWEENEY, THIELE -- read once and referred  to  the  Committee  on
  Tourism,  Parks,  Arts and Sports Development -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT to amend the parks, recreation and historic preservation law, in
  relation to regulating the closure  and  diminution  of  state  parks,
  recreational facilities and historic sites

  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 article 13-A to read as follows:
                               ARTICLE 13-A
                          CLOSURE OR REDUCTION
SECTION 13.51 PURPOSES.
        13.53 PARKS INFORMATIONAL CLOSURE REPORT; PUBLIC HEARINGS.
        13.55 CLOSURE OR REDUCTION.
  S 13.51 PURPOSES. IT IS THE PURPOSE OF THIS ARTICLE THAT THE OFFICE BE
REQUIRED  TO CONSIDER THE FULL ARRAY OF CONSEQUENCES OF EVERY CLOSURE OR
REDUCTION IN THE USE OF ANY STATE PARK, RECREATIONAL FACILITY OR HISTOR-
IC SITE. THE LEGISLATURE HEREBY FINDS THAT THE CLOSURE OR  REDUCTION  IN
THE USE OF REAL PROPERTY OWNED OR OPERATED BY THE OFFICE MAY:
  1.  VIOLATE  THE TERMS OF COVENANTS AND DEEDS WHICH GRANT OWNERSHIP OF
OR CONTROL OVER SUCH REAL PROPERTY TO THE STATE AND THE OFFICE;
  2. VIOLATE THE OFFICE'S DUTY TO MAINTAIN  AND  PROVIDE  PARKS,  RECRE-
ATIONAL  FACILITIES  AND HISTORIC SITES FOR THE BENEFIT OF THE PEOPLE OF
THE STATE;
  3. HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ECOLOGY  AND  BIODIVERSITY
OF  THE  STATE  PARK, RECREATIONAL FACILITY OR HISTORIC SITE, AS WELL AS
THE REGIONAL POPULACE, ECONOMY AND POPULACE OF THE MUNICIPALITIES WITHIN
WHICH SUCH REAL PROPERTY IS LOCATED;

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

                                                           LBD16482-06-0

A. 10576--A                         2

  4. HAVE A SIGNIFICANT ADVERSE IMPACT ON EACH  EDUCATIONAL  INSTITUTION
THAT HAS UTILIZED THE STATE PARK, RECREATIONAL FACILITY OR HISTORIC SITE
WITHIN THE PRIOR TWENTY-FOUR MONTHS;
  5.  VIOLATE  THE  TERMS  OF  A  GRANT OR GRANTS PROVIDED TO THE OFFICE
PURSUANT TO THE FEDERAL LAND AND WATER CONSERVATION FUND ACT OF NINETEEN
HUNDRED SIXTY-FIVE, AND ACTS AMENDATORY OR SUPPLEMENTAL THERETO;
  6. FAIL TO FULLY CONSIDER THE MAINTENANCE, SAFETY AND SECURITY  THERE-
OF; AND
  7.  FAIL  TO FULLY CONSIDER ALTERNATIVE ACTIONS WHICH WOULD FACILITATE
THE CONTINUED OPERATION AND MAINTENANCE OF THE STATE PARK,  RECREATIONAL
FACILITY OR HISTORIC SITE.
  S  13.53  PARKS INFORMATIONAL CLOSURE REPORT; PUBLIC HEARINGS.  1. NOT
LESS THAN ONE HUNDRED TWENTY DAYS BEFORE  THE  OFFICE  HAS  PROPOSED  TO
CLOSE  OR  REDUCE  THE  USE  OF ANY STATE PARK, RECREATIONAL FACILITY OR
HISTORIC SITE, SUCH OFFICE SHALL PUBLISH FOR GENERAL DISTRIBUTION IN ANY
PRINT OR ELECTRONIC MEDIUM A PARKS INFORMATIONAL REPORT RELATING TO SUCH
PROPOSED CLOSURE OR REDUCTION. EVERY PARKS INFORMATIONAL CLOSURE  REPORT
SHALL  BE  SUBMITTED  TO  THE  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE  SENATE  COMMITTEE
ON  CULTURAL  AFFAIRS,  TOURISM,  PARKS AND RECREATION, THE CHAIR OF THE
ASSEMBLY COMMITTEE ON TOURISM, PARKS, ARTS AND SPORTS  DEVELOPMENT,  AND
THE CHIEF EXECUTIVE OFFICER OF EACH COUNTY, CITY, TOWN AND/OR VILLAGE IN
WHICH THE STATE PARK, RECREATIONAL FACILITY OR HISTORIC SITE IS LOCATED.
IN  ADDITION,  SUCH  REPORT  SHALL  BE PUBLISHED FOR NOT LESS THAN SEVEN
CONSECUTIVE DAYS IN A NEWSPAPER HAVING  A  GENERAL  CIRCULATION  IN  THE
MUNICIPALITY IN WHICH THE PARK, FACILITY OR SITE IS LOCATED AND SHALL BE
INCLUDED ON THE INTERNET WEBSITE OF THE OFFICE FOR BROADER REVIEW.
  2.  THE  PARKS  INFORMATIONAL  CLOSURE  REPORT  FOR  EACH  CLOSURE  OR
REDUCTION IN USE SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A) AN EVALUATION OF PARKS, RECREATIONAL FACILITIES AND HISTORIC SITES
AVAILABLE FOR PUBLIC USE WITHIN TWENTY-FIVE MILES OF THE STATE  FACILITY
PROPOSED TO BE CLOSED OR REDUCED IN USE;
  (B)  AN EVALUATION OF AND REPORT ON THE ECONOMIC IMPACT OF THE CLOSURE
OR REDUCTION IN USE OF THE STATE FACILITY ON THE STATE AND  THE  MUNICI-
PALITIES  SURROUNDING  SUCH  FACILITY. SUCH EVALUATION SHALL INCLUDE THE
COST TO THE OFFICE OF OPERATING SUCH FACILITY, THE REVENUE GENERATED  BY
THE OPERATION OF SUCH FACILITY, THE REVENUE PAYABLE TO SURROUNDING COUN-
TIES,  CITIES,  TOWNS  AND  VILLAGES  GENERATED BY THE OPERATION OF SUCH
FACILITY, AND THE ESTIMATED COST OF RE-OPENING SUCH FACILITY;
  (C) AN EVALUATION OF AND REPORT ON THE USE OF THE  STATE  FACILITY  BY
EDUCATIONAL INSTITUTIONS;
  (D)  A  DETERMINATION  OF WHETHER ANY MONEYS FROM THE FEDERAL LAND AND
WATER CONSERVATION FUND WERE EXPENDED AT THE STATE FACILITY PROPOSED  TO
BE  CLOSED  OR REDUCED IN USE AND, IF SO, A DETERMINATION BY THE FEDERAL
SECRETARY OF THE INTERIOR ON THE PERMITTED USES OF SUCH STATE FACILITY;
  (E) A SECURITY PLAN TO BE IMPLEMENTED UPON THE CLOSURE OR REDUCTION IN
USE OF THE STATE FACILITY TO PREVENT VANDALISM AND ENSURE PUBLIC  SAFETY
THEREAT;
  (F)  A  MAINTENANCE  PLAN AND SCHEDULE FOR THE CONTINUED UPKEEP OF THE
BUILDINGS, STRUCTURES AND LAND AT THE  STATE  FACILITY  PROPOSED  TO  BE
CLOSED  OR  REDUCED  IN USE. SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED
TO, THE CONTINUED MOWING OF GRASSES AND BRUSH, AND PROVIDE FOR THE REGU-
LAR INSPECTION OF SUCH  FACILITY  BY  AN  OFFICER  OR  EMPLOYEE  OF  THE
REGIONAL  PARK, RECREATION AND HISTORIC PRESERVATION COMMISSION AT LEAST
ONCE EVERY MONTH TO ASCERTAIN WHETHER SUCH FACILITY IS BEING  MAINTAINED
IN ACCORDANCE WITH THE MAINTENANCE PLAN;

A. 10576--A                         3

  (G)  AN  EVALUATION AND REPORT ON THE ADVERSE ECOLOGICAL IMPACT OF THE
CLOSURE OR REDUCTION IN USE OF THE STATE FACILITY, INCLUDING ANY  POTEN-
TIAL  LOSS OF NATIVE SPECIES OF PLANTS OR ANIMALS OR THE INTRODUCTION OR
SPREAD OF INVASIVE NON-NATIVE SPECIES OF PLANTS OR ANIMALS; AND
  (H)  AN OUTLINE OF ALTERNATIVE ACTIONS THAT MAY BE TAKEN BY THE OFFICE
TO ENSURE THE CONTINUED FULL USE OF THE STATE FACILITY. SUCH ALTERNATIVE
ACTIONS SHALL INCLUDE THE PREPARATION  OF  REQUESTS  FOR  PROPOSALS  AND
AGREEMENTS  WITH  ANY NOT-FOR-PROFIT CORPORATION AND/OR MUNICIPALITY FOR
THE PROVISION OF ANY SERVICE OR FINANCIAL SUPPORT AT THE STATE  FACILITY
PROPOSED  TO  BE  CLOSED OR REDUCED IN USE. NO PROVISION OF SUCH OUTLINE
SHALL PROVIDE FOR THE SURRENDER OR DIMINUTION OF THE JURISDICTION OF THE
OFFICE OVER SUCH FACILITY.
  3. NOT MORE THAN THIRTY DAYS AFTER THE ISSUANCE OF  A  PARKS  INFORMA-
TIONAL  CLOSURE  REPORT,  THE  OFFICE  SHALL CONDUCT NOT LESS THAN THREE
PUBLIC HEARINGS, TWO OF WHICH SHALL BE CONDUCTED WITHIN TWENTY MILES  OF
THE STATE FACILITY OF WHICH ONE MUST BE CONDUCTED IN THE EVENING THAT IS
THE  SUBJECT  OF SUCH REPORT, AND ONE OF WHICH SHALL BE CONDUCTED EITHER
IN THE CITY OF NEW YORK OR IN THE CITY OF ALBANY,  FOR  THE  PURPOSE  OF
REVIEWING  AND  RECEIVING  PUBLIC COMMENT UPON SUCH REPORT. AT EACH SUCH
HEARING THE OFFICE SHALL EMPLOY STENOGRAPHERS TO  RECORD  THE  TESTIMONY
GIVEN.  WITHIN  FIVE  DAYS AFTER EACH PUBLIC HEARING A COPY OF THE TRAN-
SCRIPT OF THE HEARING SHALL BE DELIVERED TO THE GOVERNOR, THE  TEMPORARY
PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE
SENATE COMMITTEE ON CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION, THE
CHAIR OF THE ASSEMBLY COMMITTEE  ON  TOURISM,  PARKS,  ARTS  AND  SPORTS
DEVELOPMENT,  AND THE CHIEF EXECUTIVE OFFICER OF EACH COUNTY, CITY, TOWN
AND/OR VILLAGE IN WHICH THE STATE PARK, RECREATIONAL FACILITY OR HISTOR-
IC SITE IS LOCATED.
  4. NOT MORE THAN THIRTY DAYS AFTER NOTICE OF ANY  PROPOSED  CHANGE  IS
MADE  TO  EITHER THE MISSION OF THE OFFICE, OR WITH REGARD TO THE ENTITY
CHARGED WITH OVERSIGHT  RESPONSIBILITY  FOR  STATE  PARKS,  RECREATIONAL
FACILITIES  OR  HISTORIC  SITES,  THE  OFFICE SHALL CONDUCT THREE PUBLIC
HEARINGS OF WHICH: ONE SHALL BE HELD IN THE CITY OF NEW YORK, ONE  SHALL
BE  HELD  IN  THE  CITY  OF  ALBANY AND ONE SHALL BE HELD IN THE CITY OF
BUFFALO. SUCH HEARINGS SHALL BE HELD FOR THE PURPOSES OF  RECEIVING  AND
EVALUATING  PUBLIC COMMENT ON THE IMPLICATIONS OF THE PROPOSED CHANGE TO
SUCH PARK'S, FACILITY'S OR SITE'S VIABILITY AND PUBLIC ACCESS THERETO.
  S 13.55 CLOSURE OR REDUCTION. NO STATE PARK, RECREATIONAL FACILITY  OR
HISTORIC SITE SHALL BE CLOSED OR REDUCED IN USE UNTIL THE STATE LEGISLA-
TURE  SHALL  HAVE BEEN IN RECEIPT OF THE APPROPRIATE PARKS INFORMATIONAL
CLOSURE REPORT AND THE TRANSCRIPT OF THE PUBLIC  HEARINGS  HELD  THEREON
FOR  NOT  LESS  THAN  FORTY-FIVE  DAYS  AND  THE  LEGISLATURE SHALL HAVE
APPROVED A CONCURRENT RESOLUTION AUTHORIZING SUCH CLOSURE  OR  REDUCTION
IN USE.
  S 2. This act shall take effect immediately.

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Assembly Bill A10576A

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Archive: Last Bill Status - In Assembly Committee

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2009-A10576 - Details

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Sponsored By

ENGLEBRIGHT

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

co-Sponsors

Francine DelMonte

Ginny Fields

Michelle Schimel

Dennis H. Gabryszak

multi-Sponsors

RoAnn Destito

Deborah Glick

Richard Gottfried

Susan John

2009-A10576 - Details

2009-A10576 - Summary

2009-A10576 - Sponsor Memo

2009-A10576 - Bill Text download pdf

co-Sponsors

Francine DelMonte

Ginny Fields

Michelle Schimel

Dennis H. Gabryszak

multi-Sponsors

RoAnn Destito

Deborah Glick

Richard Gottfried

Susan John

2009-A10576A (ACTIVE) - Details

2009-A10576A (ACTIVE) - Summary

2009-A10576A (ACTIVE) - Sponsor Memo

2009-A10576A (ACTIVE) - Bill Text download pdf

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