S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3457--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 Introduced  by  Sens.  SERRANO, AVELLA, BAILEY, BRESLIN, DILAN, KRUEGER,
   MONTGOMERY, SANDERS, SAVINO, VALESKY -- read twice and ordered  print-
   ed,  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 commit-
   tee
 
 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 CLOSURE OF  PUBLIC  ACCESS  TO  ANY  REAL
 PROPERTY  OWNED,  HELD  OR  ADMINISTERED BY THE OFFICE, THE COMMISSIONER
 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

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

                                                            LBD03637-03-7

 S. 3457--A                          2
 
   (F)  SUCH  OTHER  FACTORS  THAT  ARE PARTICULARLY RELEVANT TO THE REAL
 PROPERTY AND ITS FUNCTION AS STATE LAND.
   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.
   5.  THE  REQUIREMENTS OF THIS SECTION SHALL NOT APPLY TO SEASONAL PARK
 CLOSURES OR TEMPORARY CLOSURES DUE TO INCLEMENT WEATHER OR AS REASONABLY
 NECESSARY TO EFFECTUATE REPAIRS, MAINTENANCE OR CAPITAL IMPROVEMENTS.
   § 2. This act shall take effect immediately.