Assembly Bill A6962

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6962
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 18, 2025
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to  requiring  all
   new and renovated playgrounds be accessible to all children
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "no child left out inclusive playgrounds act".
   §  2.  Section 399-dd of the general business law, as added by chapter
 519 of the laws of 2006, and subdivision 2 as amended by section  38  of
 part A of chapter 62 of the laws of 2011, is amended to read as follows:
   §  399-dd.  Construction  or  installation of playground or playground
 equipment.  1.  Definitions  relative  to  playground  safety.  For  the
 purposes  of  this section, the term "playground" means an improved area
 designed, equipped, and set aside for play of six or more children which
 is not intended for use as an athletic playing field or athletic  court,
 and  shall include any play equipment, surfacing, fencing, signs, inter-
 nal pathways, internal land forms, vegetation, and related structures.
   2. The department of state, in consultation with the office of  parks,
 recreation  and  historic preservation, shall promulgate rules and regu-
 lations for the design,  installation,  inspection  and  maintenance  of
 playgrounds  and  playground equipment. Those regulations shall substan-
 tially comply with the guidelines and criteria which  are  contained  in
 the  handbook for public playground safety produced by the United States
 consumer products safety commission or any successor AND THE  PROVISIONS
 PROVIDED  IN SUBDIVISION FOUR OF THIS SECTION. The rules and regulations
 shall include special provisions for playgrounds appropriate  for  chil-
 dren within the range of ages in day care settings.
   3.  (a)  No  person,  firm,  corporation,  or other legal entity which
 constructs, assembles or installs a playground or  playground  equipment
 shall  construct,  assemble, or install in this state such playground or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10673-01-5
              

 A. 6962                             2
 
 playground equipment unless  such  playground  or  playground  equipment
 shall conform to the requirements of those rules and regulations promul-
 gated pursuant to this section.
   (b)  Playgrounds or playground equipment constructed upon one, two and
 three-family residential real property are exempt from the  requirements
 of this section.
   4.  (A)  ALL  NEWLY  BUILT OR RENOVATED PUBLIC PLAYGROUNDS IN NEW YORK
 STATE SHALL BE ACCESSIBLE AND INCLUSIVE FOR CHILDREN WITH DISABILITIES.
   (B) ANY MUNICIPALITY OR PRIVATE ENTITY NOT EXEMPT UNDER PARAGRAPH  (B)
 OF  SUBDIVISION  THREE OF THIS SECTION INTENDING TO BUILD A NEW OR RENO-
 VATE AN EXISTING PLAYGROUND SHALL CONSULT WITH LOCAL DISABILITY ADVOCACY
 GROUPS DURING THE DESIGN PHASE TO ENSURE THAT COMMUNITY NEEDS ARE MET TO
 THE FULLEST EXTENT PRACTICABLE.
   (C) ALL NEWLY BUILT OR RENOVATED PUBLIC PLAYGROUNDS SHALL, AT MINIMUM,
 HAVE THE FOLLOWING  ACCOMMODATIONS,  WHICH  SHALL  MEET  ANY  APPLICABLE
 FEDERAL OR STATE ACCESSIBILITY STANDARDS:
   (I)  ACCESSIBLE SURFACING MATERIALS, WHICH MUST BE ABLE TO ACCOMMODATE
 MOBILITY DEVICES ON LEVEL PATHS, WHERE POSSIBLE, TO AND FROM  THE  PLAY-
 GROUND  AND  EQUIPMENT, PARKING AREAS, AND PARK BUILDINGS, SUCH AS REST-
 ROOMS OR OFFICES;
   (II) TRANSFER STATIONS OR RAMPS TO ENABLE CHILDREN TO ENGAGE WITH  THE
 AVAILABLE EQUIPMENT;
   (III)  AT LEAST ONE WHEELCHAIR-ACCESSIBLE SWING, IF SWING SET IS PRES-
 ENT; AND
   (IV) SENSORY PLAY AREAS.
   (D) ONCE PLAYGROUND CONSTRUCTION  IS  COMPLETED,  THERE  SHALL  BE  AN
 INSPECTION PURSUANT TO THE RULES AND REGULATIONS PROMULGATED IN SUBDIVI-
 SION  TWO  OF  THIS  SECTION TO ENSURE SUCH PLAYGROUND IS COMPLIANT WITH
 THIS SUBDIVISION AND ANY APPLICABLE STATE OR FEDERAL ACCESSIBILITY STAN-
 DARDS PRIOR TO OPENING TO THE PUBLIC.
   (E) NO PROVISION OF THIS SUBDIVISION SHALL BE CONSTRUED TO IMPOSE  THE
 STANDARDS  OF  THIS  SUBDIVISION  TO  EXISTING PLAYGROUNDS WHICH ARE NOT
 UNDERGOING RENOVATIONS.
   5. Whenever the attorney general shall believe from [evidence]  satis-
 factory  [to him] EVIDENCE that any person, firm, corporation or associ-
 ation or agent or employee thereof has violated any  provision  of  this
 section,  [he]  THE  ATTORNEY GENERAL may bring an action in the supreme
 court of the state of New York for a judgment enjoining the  continuance
 of  such violation and for a civil penalty of not more than one thousand
 dollars for each violation, except that the court  may  impose  a  civil
 penalty  of not more than ten thousand dollars if the violation is know-
 ing and willful. If it shall appear to the satisfaction of the court  or
 justice  that  the defendant has violated any provision of this section,
 no proof shall be required that any person has been injured thereby  nor
 that  the  defendant knowingly or intentionally violated such provision.
 In such action preliminary relief may be granted  under  article  sixty-
 three  of the civil practice law and rules. Before any violation of this
 section is sought to be enjoined, the attorney general shall be required
 to give the person against whom such proceeding is  contemplated  notice
 by  certified  mail  and  an  opportunity to show in writing within five
 business days after receipt of notice  why  proceedings  should  not  be
 instituted  against [him] SUCH PERSON, unless the attorney general shall
 find, in any case in which [he seeks] preliminary relief IS SOUGHT, that
 to give such notice and opportunity is not in the public interest.
   § 4. This act shall take effect January 1, 2026.