S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    309
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M. of A. GUNTHER, M. 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02718-01-1

 A. 309                              2
 
 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
 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. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be made on or
 before such date.