Senate Bill S6841

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6841
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               July 28, 2017
                                ___________
 
 Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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. Paragraph (c) of subdivision 2 of section 296  of  the  executive
 law is amended by adding a new subparagraph (vi) to read as follows:
   (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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13318-01-7
              

 S. 6841                             2
 
   (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.