NY State Senate Bill 2019-S183A

Senate Bill S183A

Signed By Governor

2019-2020 Legislative Session

Requires the conducting of public hearings and reports thereon prior to the permanent closure of a park or historic site owned, held or administered by the office of parks, recreation and historic preservation

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 06, 2019	signed chap.585
Nov 26, 2019	delivered to governor
Jun 19, 2019	returned to senate passed assembly ordered to third reading rules cal.182 substituted for a7675a
Jun 18, 2019	referred to ways and means returned to assembly repassed senate
Jun 14, 2019	amended on third reading 183b
Jun 14, 2019	vote reconsidered - restored to third reading returned to senate recalled from assembly
Jun 12, 2019	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1280 committee discharged and committed to rules
Jun 05, 2019	print number 183a
Jun 05, 2019	amend and recommit to cultural affairs, tourism, parks and recreation
Jan 09, 2019	referred to cultural affairs, tourism, parks and recreation

Votes

- Jun 18, 2019 - Floor Vote
  S183A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jun 12, 2019 - Floor Vote
  S183A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 12, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jun 12, 2019 - Rules Committee Vote
  S183A
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 12, 2019
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2019-S183 - Details

See Assembly Version of this Bill:: A7675
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Add §13.14, Pks & Rec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7457, A10452
2011-2012: S1918, A693
2013-2014: S930, A159
2015-2016: S955, A4973
2017-2018: S3457, A2835

2019-S183 - Summary

2019-S183 - Sponsor Memo

                                
 
BILL NUMBER: S183

SPONSOR: SERRANO
 
TITLE OF BILL:  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

 
PURPOSE OF THE BILL:

This bill would require the conduct of public hearings and reports there
on, prior to the closure of any real property by the office of parks,
recreation and historic preservation (OPRHP).

 
SUMMARY OF PROVISIONS:

The bill would add a new Section 13.14 to the Parks, Recreation and
Historic Preservation Law to requiring the agency to prepare a draft
report that provides justification and the rationale for the closure of
public access of any real property owned or operated by OPRHP, at least
six months prior to a proposed closure of such lands. The bill specifies

the elements of the report, which must be subject to one or more public
hearings at least 4 months prior to such proposed closure, with at least
one public hearing in the impacted area. OPRHP must issue a final report
that includes a response to all issues raised at the hearings; the
report must be publicly available and submitted to the Governor and the
Legislature.

 
JUSTIFICATION:

If OPRHP proposes to close to the public any park, historic preservation
site, bird conservation area or other facility under its jurisdiction,
the agency should be required to evaluate and support such proposed
closure and its impact on the public. Public review and public hearings
will offer the opportunity for public scrutiny of such proposals, and if
a proposed closure is not adequately supported by the agency, it should
not go forward. Providing this information to the Governor and the
Legislature will allow them to respond to such actions as well.
Protection of our priceless natural and public recreation resources is
paramount. Closures can result in vandalism, deterioration of the
infrastructure and other damage that would go undetected. The State has
a significant investment in the State park system that must be protected
for the benefit of all of the citizens of NYS.

 
PRIOR LEGISLATIVE HISTORY:

2009-2010: A.10452 DelMonte, Passed Assembly unanimously. Senate - Died
in Finance
2011-2012: S.1918 Referred to Cultural Affairs, Tourism, Parks & Recre-
ation
2013-14: S .930 Referred to Cultural Affairs, Tourism, Parks & Recre-
ation
2015-16: S.955 - Referred to Cultural Affairs, Tourism, Parks & Recre-
ation
2017-2018: S.3457-A - Passed Senate and Assembly. Vetoed by the Governor

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined.
 
EFFECTIVE DATE:
This act would take effect immediately.

2019-S183 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    183
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens.  SERRANO,  BAILEY,  BRESLIN,  KRUEGER, MONTGOMERY,
   SANDERS, SAVINO -- 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 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.

                                                            LBD03617-01-9

 S. 183                              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.

co-Sponsors

View additional co-sponsors

2019-S183A - Details

See Assembly Version of this Bill:: A7675
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Add §13.14, Pks & Rec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7457, A10452
2011-2012: S1918, A693
2013-2014: S930, A159
2015-2016: S955, A4973
2017-2018: S3457, A2835

2019-S183A - Summary

2019-S183A - Sponsor Memo

                                
 
BILL NUMBER: S183A

SPONSOR: SERRANO
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require the office of parks, recreation and historic
preservation (OPRHP) to conduct public hearings and submit reports ther-
eon prior to the permanent closure of any real property owned or oper-
ated by the Office.

 
SUMMARY OF PROVISIONS:,

This bill would add a new Section 13.14 to the Parks, Recreation and
Historic Preservation Law requiring the agency to prepare a draft report
that provides justification and rationale for the permanent closure of
public access to any real property owned or operated by OPRHP at least

six months prior to a proposed closure of such lands.

 
JUSTIFICATION:

Protection of our priceless natural and public recreation resources is
paramount. Closures can result in vandalism, deterioration of the
natural and built infrastructure, and other damage that could go unde-
tected. The State has made significant progress in rehabilitating New
York's parkland and historic site properties, and is currently investing
almost $900 million in appropriated capital to modernize our State Park
System. Additionally, State Park and Historic sites attracted over 74
million visits last year providing strong economic multipliers to
surrounding communities.

OPRHP should fully evaluate and make public the range of potential
impacts stemming from proposals to permanently close to the public any
park, historic preservation site or other facility under its jurisdic-
tion. Impacts on the natural resource and surrounding community should
be fully investigated and cited in justification of a proposed permanent
closure.

This bill was amended in 2019 to address Executive concerns by exempting
from notice requirements temporary or permanent limits on public access
for routine operational reasons, such as public safety, or non-weather
related emergencies.

 
LEGISLATIVE HISTORY:

2017-2018: S.3457-A - Passed Senate and Assembly. Vetoed by the Governor
2015-2016: S.955 REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECRE-
ATION/ A.4973 Passed Assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined

 
EFFECTIVE DATE:
Immediately

2019-S183A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  183--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens.  SERRANO,  BAILEY,  BRESLIN,  KRUEGER, MONTGOMERY,
   SANDERS, SAVINO -- 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 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 PERMANENT CLOSURE OF PUBLIC ACCESS TO ANY
 REAL PROPERTY OWNED, HELD OR ADMINISTERED BY THE OFFICE, THE COMMISSION-
 ER  SHALL  ISSUE  A  DRAFT  REPORT  THAT  PROVIDES THE JUSTIFICATION AND
 RATIONALE 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.
                                                            LBD03617-04-9

 S. 183--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 PERMANENT 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  ENVIRON-
 MENTAL NOTICE BULLETIN.  EACH PUBLIC HEARING SHALL ACCEPT WRITTEN STATE-
 MENTS 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,  TEMPORARY  CLOSURES DUE TO INCLEMENT WEATHER OR AS REASONABLY
 NECESSARY TO EFFECTUATE REPAIRS, MAINTENANCE OR CAPITAL IMPROVEMENTS, OR
 TEMPORARY LIMITS ON PUBLIC ACCESS FOR ROUTINE OPERATIONAL REASONS,  SUCH
 AS PUBLIC SAFETY OR OTHER NON-WEATHER RELATED EMERGENCIES.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2019-S183B (ACTIVE) - Details

See Assembly Version of this Bill:: A7675
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Add §13.14, Pks & Rec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7457, A10452
2011-2012: S1918, A693
2013-2014: S930, A159
2015-2016: S955, A4973
2017-2018: S3457, A2835

2019-S183B (ACTIVE) - Summary

2019-S183B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S183B

SPONSOR: SERRANO
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require the office of parks, recreation and historic
preservation (OPRHP) to conduct public hearings and submit reports ther-
eon prior to the permanent closure of a park or historic site owned or
operated by the Office.

 
SUMMARY OF PROVISIONS:,

This bill would add a new Section 13.14 to the Parks, Recreation and
Historic Preservation Law requiring the agency to prepare a draft report

that provides justification and rationale for the permanent closure of
public access to parks and historic sites operated by OPRHP at least six
months prior to a proposed closure of such lands.

 
JUSTIFICATION:

Protection of our priceless natural and public recreation resources is
paramount. Closures can result in vandalism, deterioration of the
natural and built infrastructure, and other damage that could go unde-
tected. The State has made significant progress in rehabilitating New
York's parkland and historic site properties, and is currently investing
almost $900 million in appropriated capital to modernize our State Park
System. Additionally, State Park and Historic sites attracted over 74
million visits last year providing strong economic multipliers to
surrounding communities.

OPRHP should fully evaluate and make public the range of potential
impacts stemming from proposals to permanently close to the public any
park or historic preservation site under its jurisdiction. Impacts on
the natural resource and surrounding community should be fully investi-
gated and cited in justification of a proposed permanent closure.

 
LEGISLATIVE HISTORY:

2017-2018: S.3457-A - Passed Senate and Assembly. Vetoed by the Governor
2015-2016: S.955 REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECRE-
ATION/ A.4973 Passed Assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined

 
EFFECTIVE DATE:
Immediately

2019-S183B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  183--B
     Cal. No. 1280
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens.  SERRANO,  BAILEY,  BRESLIN,  KRUEGER, MONTGOMERY,
   SANDERS, SAVINO -- 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 -- committee discharged and
   said bill committed to the Committee on Rules  --  reported  favorably
   from  said committee, ordered to a third reading, passed by Senate and
   delivered to the Assembly, recalled, vote  reconsidered,  restored  to
   third  reading,  amended and ordered reprinted, retaining its place in
   the order of third reading
 
 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 PERMANENT CLOSURE OF A PARK  OR  HISTORIC
 SITE  OWNED,  HELD OR ADMINISTERED BY THE OFFICE, THE COMMISSIONER SHALL
 ISSUE A DRAFT REPORT THAT PROVIDES THE JUSTIFICATION AND  RATIONALE  FOR
 SUCH CLOSURE INCLUDING, BUT NOT LIMITED TO:
   (A) A FULL DESCRIPTION OF THE REAL PROPERTY;
   (B) THE PURPOSES THAT THE PARK OR HISTORIC SERVES TO THE PEOPLE OF THE
 STATE;
   (C)  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;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03617-06-9

 S. 183--B                           2
 
   (D)  THE  IMPACT  OF SUCH PROPOSED CLOSURE ON THE ENTIRE REAL PROPERTY
 SYSTEM OWNED AND OPERATED BY THE OFFICE; AND
   (E)  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 PERMANENT CLOSURE  OF
 PUBLIC  ACCESS  TO  SUCH  PARK  OR HISTORIC SITE, THE COMMISSIONER SHALL
 PROVIDE PUBLIC NOTICE OF AND CONDUCT ONE OR MORE PUBLIC HEARINGS IN  THE
 IMPACTED  AREA OF THE PROPOSED CLOSURE. NOTICE OF ANY SUCH HEARING SHALL
 BE 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 POSTED ON THE WEBSITE OF THE OFFICE.
   4. THE COMMISSIONER SHALL ISSUE AND SUBMIT TO THE GOVERNOR, THE TEMPO-
 RARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR  OF
 THE  SENATE  CULTURAL AFFAIRS AND TOURISM COMMITTEE AND THE CHAIR OF THE
 ASSEMBLY, PARKS, ARTS AND SPORTS DEVELOPMENT COMMITTEE A FINDINGS STATE-
 MENT ON EACH PROPOSED CLOSURE THAT PROVIDES THE JUSTIFICATION  FOR  SUCH
 CLOSURE  OR,  IN  THE  ALTERNATIVE,  THE  INFORMATION  THAT SUPPORTS THE
 CONTINUED OPERATION OF THE REAL PROPERTY.
   5. THE REQUIREMENTS OF THIS SECTION SHALL NOT APPLY TO  SEASONAL  PARK
 CLOSURES,  TEMPORARY  CLOSURES DUE TO INCLEMENT WEATHER OR AS REASONABLY
 NECESSARY TO EFFECTUATE REPAIRS, MAINTENANCE OR CAPITAL IMPROVEMENTS, OR
 TEMPORARY LIMITS ON PUBLIC ACCESS FOR ROUTINE OPERATIONAL REASONS,  SUCH
 AS PUBLIC SAFETY OR OTHER EMERGENCIES.
   § 2. This act shall take effect immediately.

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Senate Bill S183A

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

2019-S183 - Details

2019-S183 - Summary

2019-S183 - Sponsor Memo

2019-S183 - Bill Text download pdf

co-Sponsors

2019-S183A - Details

2019-S183A - Summary

2019-S183A - Sponsor Memo

2019-S183A - Bill Text download pdf

co-Sponsors

2019-S183B (ACTIVE) - Details

2019-S183B (ACTIVE) - Summary

2019-S183B (ACTIVE) - Sponsor Memo

2019-S183B (ACTIVE) - Bill Text download pdf

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