NY State Senate Bill 2019-S7617

Senate Bill S7617

2019-2020 Legislative Session

Requires the development, adoption and implementation of a master plan for the Nissequogue River State Park

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 31, 2020	referred to local government

2019-S7617 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: Parks

2019-S7617 (ACTIVE) - Summary

Requires the development, adoption and implementation of a master plan for the Nissequogue River State Park.

2019-S7617 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7617

SPONSOR: FLANAGAN
 
PURPOSE:

To statutorily designate certain state-owned land as the Nissequoque
River State Park and to develop a master plan. for such property.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 outlines a legislative intent.

Section 2 established a definition of "Nissequcgue River State Park" to
ensure that both transfers of property from the Kings Park Psychiatric
Center in 2000 and 2006 are statutorily protected state parkland. In
addition, section 2 requires a master plan be developed for the Nisseq-
uogue River State Park property.

Section 2 is the effective date.

 
JUSTIFICATION:

The parcel of land described within the legislation is more commonly
known as the site of the former Rings Park Psychiatric Center located in
the heart of the Kings Park community in the town of Smithtown. In
December of 2006, this parcel was designated as state parkland by admin-
istrative transfer between the Office of General Services, the Office of
Mental Hygiene end the Department of Parks, Recreation 0. Historic Pres-
ervation: For most, that designation represents the full culmination of
the will of the local community and its elected leadership. However, for
some it remains an act that could. potentially be reversed by adminis-
trative fiat-Contrary.to the wishes of -the local community: While
municipal dedication of parkland is subject to legislative endorsement,
the acquisition and dedication of state parkland customarily does not
involve an ace of the Legislature. This bill is necessary to ensure the
parcel herein described remains parkland pursuant to the wishes of the
community and with the full force and effect of legislative action.

 
PRIOR LEGISLATIVE HISTORY:

2019: Vetoed (Veto 14 260)

2017-18: Passed Senate

2015-16: Passed Senate

2013-14: Passed Senate

2011-12: S.4698 Cultural Affairs, Tourism, Parks & Recreation Cmte.

2009-10: S.4169 Cultural Affairs, Tourism, Parks & Recreation Cmte.

2008: Passed Senate/Assembly Tourism, Arts & Sports Development Cmte.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S7617 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7617
 
                             I N  S E N A T E
 
                             January 31, 2020
                                ___________
 
 Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT requiring the  development,  adoption  and  implementation  of  a
   master plan for the Nissequogue River State Park
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.   Legislative intent. The legislature  finds  and  declares
 that  Kings  Park  in the town of Smithtown is home to a large parcel of
 land commonly referred to as the Kings  Park  Psychiatric  Center  ("the
 center").  The  center was closed in 1996, and in 2001, 155 acres of the
 center were designated state parkland, thereby creating the  Nissequogue
 River  State  Park  ("NRSP"). In 2006, an additional 364.68 acres of the
 center's property was administratively transferred by  and  between  the
 office  of  general  services, the department of mental hygiene, and the
 office of parks, recreation and historic preservation.
   The legislature further finds and declares that the initial  2001  and
 subsequent  2006  administrative  actions  taken  to  establish and then
 expand the center's property into the eventual NRSP is fully dispositive
 of the will of the community and of local and state  elected  officials,
 while others believe that a statutory codification is preferable.
   The  legislature therefore finds and declares that this legislation is
 needed to: (a) codify and ensure that the 2001  and  2006  transfers  of
 land  from  the center to establish the NRSP are protected from adminis-
 trative changes; and (2) develop a master plan for the NRSP.
   § 2. (a) For purposes of this section, "Nissequogue River State  Park"
 shall  mean  the  155-acre  portion of the former Kings Park Psychiatric
 Center property closed in 1996 and then transferred into  the  New  York
 state  park system in 2001, along with the 364.68 acres of former hospi-
 tal property administratively transferred by an order of the  office  of
 general  services,  dated  December 29, 2006 entitled, "In the Matter of
 the Application of the Office of Parks, Recreation and Historic  Preser-
 vation  for  a  transfer of jurisdiction of certain lands located in the
 Town of Smithtown, County of Suffolk".
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06011-06-0

 S. 7617                             2
 
   (b) The commissioner of the office of parks, recreation  and  historic
 preservation  (OPRHP),  in  cooperation with the Nissequogue River State
 Park Foundation and other interested parties, including but not  limited
 to  the  town  of Smithtown, shall develop, adopt and implement a master
 plan  for  the  Nissequogue  River  State  Park,  Kings  Park, county of
 Suffolk.
   (c) The master  plan  shall  take  into  consideration  the  historic,
 natural  and  recreational  resources  of the park and respond to recre-
 ational needs  and  safety  of  park  patrons,  the  protection  of  the
 resources  of the park and principles of sustainability. The master plan
 shall include short- and long-term agendas to guide  future  development
 of new and enhanced park facilities and shall establish goals concerning
 individual  park resources, access, maintenance, operations and develop-
 ment.
   (d) The plan shall present a series of  "preferred  alternatives"  for
 the  future  development  and  operation  of the Nissequogue River State
 Park; provided that the initiation of any specific action will be deter-
 mined by the level of funding available to OPRHP in future years.
   (e) The commissioner of the office of parks, recreation  and  historic
 preservation  shall hold such public meetings to gather information from
 the general public and other state, local and federal agencies about the
 past uses and issues associated with future uses of the park  as  he  or
 she deems necessary and/or desirable.
   (f)  The  development of such plan shall commence within sixty days of
 the effective date of this act and the plan shall  be  completed  within
 one year thereafter.
   (g)  Details  of the plan shall be made available to the public on the
 website of the office of parks, recreation and historic preservation and
 on the Nissequogue River State Park website.
   § 3. The plan shall include an environmental impact statement prepared
 in accordance with the provisions of  article  8  of  the  environmental
 conservation law.
   § 4. This act shall take effect immediately.

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