Senate Bill S7459A

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance 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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2010	reported and committed to finance
May 20, 2010	print number 7459a
May 20, 2010	amend and recommit to cultural affairs, tourism, parks and recreation
Apr 12, 2010	referred to cultural affairs, tourism, parks and recreation

Votes

- Jun 9, 2010 - Cultural Affairs, Tourism, Parks And Recreation Committee Vote
  S7459A
  
  Aye
  
  12
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Cultural Affairs, Tourism, Parks And Recreation Committee Vote: Jun 9, 2010
      
      aye (12)
      
      Duane
      
      Flanagan
      
      Griffo
      
      Little
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Squadron
      
      Stavisky
      
      Thompson
      
      Valesky
      
      Winner
      
      nay (2)
      
      Alesi
      
      Ranzenhofer

Bill Amendments

2009-S7459 - Details

See Assembly Version of this Bill:: A10576
Current Committee:: Senate Finance
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-S7459 - 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-S7459 - Sponsor Memo

                                 BILL NUMBER:  S7459

 TITLE OF BILL :
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


 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 Article 13-A to the Parks, Recreation
and Historic Preservation Law requiring 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 regarding 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
resolution 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 treated
with the respect and consideration they deserve.

 PRIOR LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
Not applicable.

 EFFECTIVE :
Immediately.

2009-S7459 - Bill Text download pdf

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

                                  7459

                            I N  S E N A T E

                             April 12, 2010
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, 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  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

S. 7459                             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-

S. 7459                             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

2009-S7459A (ACTIVE) - Details

See Assembly Version of this Bill:: A10576
Current Committee:: Senate Finance
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-S7459A (ACTIVE) - Summary

2009-S7459A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7459A

 TITLE OF BILL :
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


 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 Article 13-A to the Parks, Recreation
and Historic Preservation Law requiring 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 regarding: 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
resolution 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 treated
with the respect and consideration they deserve.


 PRIOR LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
Not applicable.

 EFFECTIVE DATE :
Immediately.

2009-S7459A (ACTIVE) - Bill Text download pdf

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

                                 7459--A

                            I N  S E N A T E

                             April 12, 2010
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation -- 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;
  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.
                                                           LBD16482-07-0

S. 7459--A                          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; 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;
  (G) AN EVALUATION AND REPORT ON THE ADVERSE ECOLOGICAL IMPACT  OF  THE
CLOSURE  OR REDUCTION IN USE OF THE STATE FACILITY, INCLUDING ANY POTEN-

S. 7459--A                          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.
  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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Senate Bill S7459A

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Archive: Last Bill Status - In Senate Committee Finance Committee

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Jun 9, 2010 - Cultural Affairs, Tourism, Parks And Recreation Committee Vote

Cultural Affairs, Tourism, Parks And Recreation Committee Vote: Jun 9, 2010

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2009-S7459 - Details

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2009-S7459A (ACTIVE) - Details

2009-S7459A (ACTIVE) - Summary

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Sponsored By

Jose M. Serrano

Archive: Last Bill Status - In Senate Committee Finance Committee

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Votes

Bill Amendments

2009-S7459 - Details

2009-S7459 - Summary

2009-S7459 - Sponsor Memo

2009-S7459 - Bill Text download pdf

co-Sponsors

Antoine M. Thompson

2009-S7459A (ACTIVE) - Details

2009-S7459A (ACTIVE) - Summary

2009-S7459A (ACTIVE) - Sponsor Memo

2009-S7459A (ACTIVE) - Bill Text download pdf

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