STATE OF NEW YORK
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3728
2019-2020 Regular Sessions
IN ASSEMBLY
January 30, 2019
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Introduced by M. of A. GUNTHER, M. L. 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:
1 Section 1. The parks, recreation and historic preservation law is
2 amended by adding a new section 13.33 to read as follows:
3 § 13.33 Access routes for mobility impaired persons to state beaches.
4 1. Beach areas operated by the office shall include beach access routes
5 provided for mobility impaired persons connecting the entry point of the
6 beach to the:
7 (a) median high tide level at tidal beaches;
8 (b) mean high water level at river beaches; or
9 (c) normal recreation water level at lake, pond, and reservoir beach-
10 es.
11 2. Such access routes may be provided by means of mats, of no less
12 than five feet in width, or by such other equally effective system as
13 may be determined to be more suitable by the office. Access routes are
14 to have a slope of no more than ten percent and are to include rest
15 areas of at least five feet square at appropriate intervals as deter-
16 mined by the office.
17 § 2. Subparagraphs (iv) and (v) of paragraph (c) of subdivision 2 of
18 section 296 of the executive law, as amended by chapter 89 of the laws
19 of 2015, are amended and a new subparagraph (vi) is added to read as
20 follows:
21 (iv) where such person is a local or state government entity, a
22 refusal to remove architectural barriers, and communication barriers
23 that are structural in nature, in existing facilities, and transporta-
24 tion barriers in existing vehicles and rail passenger cars used by an
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01632-01-9
A. 3728 2
1 establishment for transporting individuals (not including barriers that
2 can only be removed through the retrofitting of vehicles or rail passen-
3 ger cars by the installation of a hydraulic or other lift), where such
4 removal does not constitute an undue burden; except as set forth in
5 paragraph (e) of this subdivision; nothing in this section would require
6 a public entity to: necessarily make each of its existing facilities
7 accessible to and usable by individuals with disabilities; take any
8 action that would threaten or destroy the historical significance of an
9 historic property; or to make structural changes in existing facilities
10 where other methods are effective in achieving compliance with this
11 section; [and]
12 (v) where such person can demonstrate that the removal of a barrier
13 under subparagraph (iii) of this paragraph is not readily achievable, a
14 failure to make such facilities, privileges, advantages or accommo-
15 dations available through alternative methods if such methods are readi-
16 ly achievable[.]; and
17 (vi) (A) where such person is a local or state government entity, a
18 refusal to ensure that access routes are provided for mobility impaired
19 persons from the entry point of the beach open to the:
20 (1) median high tide level at tidal beaches;
21 (2) mean high water level at river beaches; or
22 (3) normal recreation water level at lake, pond, and reservoir beach-
23 es.
24 (B) Such access routes may be provided by means of mats, of no less
25 than five feet in width, or by such other equally effective system as
26 may be determined to be more suitable by the office of parks, recreation
27 and historic preservation. Access routes are to have a slope of no more
28 than ten percent and are to include rest areas of at least five feet
29 square at appropriate intervals as determined by such office.
30 § 3. This act shall take effect on the one hundred twentieth day after
31 it shall have become a law; provided that any rules and regulations
32 necessary to implement the provisions of this act on its effective date
33 are authorized and directed to be promulgated and shall become effective
34 on such date.