Assembly Bill A10458

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10458
 
                           I N  A S S E M B L Y
 
                              April 23, 2018
                                ___________
 
 Introduced  by  M. of A. GUNTHER, M. L. MILLER -- 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  and
   the  executive  law,  in relation to providing beach access routes for
   mobility impaired persons
 
   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 13.33 to read as follows:
   § 13.33 ACCESS ROUTES FOR MOBILITY IMPAIRED PERSONS TO STATE  BEACHES.
 1.  BEACH AREAS OPERATED BY THE OFFICE SHALL INCLUDE BEACH ACCESS ROUTES
 PROVIDED FOR MOBILITY IMPAIRED PERSONS CONNECTING THE ENTRY POINT OF THE
 BEACH TO THE:
   (A) MEDIAN HIGH TIDE LEVEL AT TIDAL BEACHES;
   (B) MEAN HIGH WATER LEVEL AT RIVER BEACHES; OR
   (C) NORMAL RECREATION WATER LEVEL AT LAKE, POND, AND RESERVOIR  BEACH-
 ES.
   2.  SUCH  ACCESS  ROUTES  MAY BE PROVIDED BY MEANS OF MATS, OF NO LESS
 THAN FIVE FEET IN WIDTH, OR BY SUCH OTHER EQUALLY  EFFECTIVE  SYSTEM  AS
 MAY  BE  DETERMINED TO BE MORE SUITABLE BY THE OFFICE. ACCESS ROUTES ARE
 TO HAVE A SLOPE OF NO MORE THAN TEN PERCENT  AND  ARE  TO  INCLUDE  REST
 AREAS  OF  AT  LEAST FIVE FEET SQUARE AT APPROPRIATE INTERVALS AS DETER-
 MINED BY THE OFFICE.
   § 2. Subparagraphs (iv) and (v) of paragraph (c) of subdivision  2  of
 section  296  of the executive law, as amended by chapter 89 of the laws
 of 2015, are amended and a new subparagraph (vi) is  added  to  read  as
 follows:
   (iv)  where  such  person  is  a  local  or state government entity, a
 refusal to remove architectural  barriers,  and  communication  barriers
 that  are  structural in nature, in existing facilities, and transporta-
 tion barriers in existing vehicles and rail passenger cars  used  by  an
 establishment  for transporting individuals (not including barriers that
 can only be removed through the retrofitting of vehicles or rail passen-
 ger cars by the installation of a hydraulic or other lift),  where  such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15514-01-8

 A. 10458                            2
 
 removal  does  not  constitute  an  undue burden; except as set forth in
 paragraph (e) of this subdivision; nothing in this section would require
 a public entity to: necessarily make each  of  its  existing  facilities
 accessible  to  and  usable  by  individuals with disabilities; take any
 action that would threaten or destroy the historical significance of  an
 historic  property; or to make structural changes in existing facilities
 where other methods are effective  in  achieving  compliance  with  this
 section; [and]
   (v)  where  such  person can demonstrate that the removal of a barrier
 under subparagraph (iii) of this paragraph is not readily achievable,  a
 failure  to  make  such  facilities,  privileges, advantages or accommo-
 dations available through alternative methods if such methods are readi-
 ly achievable[.]; AND
   (VI) (A) WHERE SUCH PERSON IS A LOCAL OR STATE  GOVERNMENT  ENTITY,  A
 REFUSAL  TO ENSURE THAT ACCESS ROUTES ARE PROVIDED FOR MOBILITY IMPAIRED
 PERSONS FROM THE ENTRY POINT OF THE BEACH OPEN TO THE:
   (1) MEDIAN HIGH TIDE LEVEL AT TIDAL BEACHES;
   (2) MEAN HIGH WATER LEVEL AT RIVER BEACHES; OR
   (3) NORMAL RECREATION WATER LEVEL AT LAKE, POND, AND RESERVOIR  BEACH-
 ES.
   (B)  SUCH  ACCESS  ROUTES MAY BE PROVIDED BY MEANS OF MATS, OF NO LESS
 THAN FIVE FEET IN WIDTH, OR BY SUCH OTHER EQUALLY  EFFECTIVE  SYSTEM  AS
 MAY BE DETERMINED TO BE MORE SUITABLE BY THE OFFICE OF PARKS, RECREATION
 AND HISTORIC PRESERVATION.  ACCESS ROUTES ARE TO HAVE A SLOPE OF NO MORE
 THAN  TEN  PERCENT  AND  ARE TO INCLUDE REST AREAS OF AT LEAST FIVE FEET
 SQUARE AT APPROPRIATE INTERVALS AS DETERMINED BY SUCH OFFICE.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided  that  any  rules  and  regulations
 necessary  to implement the provisions of this act on its effective date
 are authorized and directed to be promulgated and shall become effective
 on such date.