Bill Text: NY A05809 | 2013-2014 | General Assembly | Introduced
Bill Title: Regulates the closure and reduction in use of state parks, recreational facilities and historic sites; requires the office of parks, recreation and historic preservation to publish a parks informational closure report and hold public hearings thereon; requires state legislative approval of any such action.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2014-01-08 - referred to tourism, parks, arts and sports development [A05809 Detail]
Download: New_York-2013-A05809-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5809
2013-2014 Regular Sessions
I N A S S E M B L Y
March 6, 2013
___________
Introduced by M. of A. ENGLEBRIGHT, SCHIMEL, GABRYSZAK, ROSENTHAL,
CAHILL, LAVINE, MAISEL, ROBINSON, WEISENBERG, RIVERA, GIBSON, LIFTON,
CASTRO -- Multi-Sponsored by -- M. of A. GLICK, GOTTFRIED, MARKEY,
SWEENEY, THIELE -- 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, in
relation to regulating the closure and diminution of state parks,
recreational facilities and historic sites
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 article 13-A to read as follows:
3 ARTICLE 13-A
4 CLOSURE OR REDUCTION
5 SECTION 13.51 PURPOSES.
6 13.53 PARKS INFORMATIONAL CLOSURE REPORT; PUBLIC HEARINGS.
7 13.55 CLOSURE OR REDUCTION.
8 S 13.51 PURPOSES. IT IS THE PURPOSE OF THIS ARTICLE THAT THE OFFICE BE
9 REQUIRED TO CONSIDER THE FULL ARRAY OF CONSEQUENCES OF EVERY CLOSURE OR
10 REDUCTION IN THE USE OF ANY STATE PARK, RECREATIONAL FACILITY OR HISTOR-
11 IC SITE. THE LEGISLATURE HEREBY FINDS THAT THE CLOSURE OR REDUCTION IN
12 THE USE OF REAL PROPERTY OWNED OR OPERATED BY THE OFFICE MAY:
13 1. VIOLATE THE TERMS OF COVENANTS AND DEEDS WHICH GRANT OWNERSHIP OF
14 OR CONTROL OVER SUCH REAL PROPERTY TO THE STATE AND THE OFFICE;
15 2. VIOLATE THE OFFICE'S DUTY TO MAINTAIN AND PROVIDE PARKS, RECRE-
16 ATIONAL FACILITIES AND HISTORIC SITES FOR THE BENEFIT OF THE PEOPLE OF
17 THE STATE;
18 3. HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ECOLOGY AND BIODIVERSITY
19 OF THE STATE PARK, RECREATIONAL FACILITY OR HISTORIC SITE, AS WELL AS
20 THE REGIONAL POPULACE, ECONOMY AND POPULACE OF THE MUNICIPALITIES WITHIN
21 WHICH SUCH REAL PROPERTY IS LOCATED;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09480-01-3
A. 5809 2
1 4. HAVE A SIGNIFICANT ADVERSE IMPACT ON EACH EDUCATIONAL INSTITUTION
2 THAT HAS UTILIZED THE STATE PARK, RECREATIONAL FACILITY OR HISTORIC SITE
3 WITHIN THE PRIOR TWENTY-FOUR MONTHS;
4 5. VIOLATE THE TERMS OF A GRANT OR GRANTS PROVIDED TO THE OFFICE
5 PURSUANT TO THE FEDERAL LAND AND WATER CONSERVATION FUND ACT OF NINETEEN
6 HUNDRED SIXTY-FIVE, AND ACTS AMENDATORY OR SUPPLEMENTAL THERETO;
7 6. FAIL TO FULLY CONSIDER THE MAINTENANCE, SAFETY AND SECURITY THERE-
8 OF; AND
9 7. FAIL TO FULLY CONSIDER ALTERNATIVE ACTIONS WHICH WOULD FACILITATE
10 THE CONTINUED OPERATION AND MAINTENANCE OF THE STATE PARK, RECREATIONAL
11 FACILITY OR HISTORIC SITE.
12 S 13.53 PARKS INFORMATIONAL CLOSURE REPORT; PUBLIC HEARINGS. 1. NOT
13 LESS THAN ONE HUNDRED TWENTY DAYS BEFORE THE OFFICE HAS PROPOSED TO
14 CLOSE OR REDUCE THE USE OF ANY STATE PARK, RECREATIONAL FACILITY OR
15 HISTORIC SITE, SUCH OFFICE SHALL PUBLISH FOR GENERAL DISTRIBUTION IN ANY
16 PRINT OR ELECTRONIC MEDIUM A PARKS INFORMATIONAL REPORT RELATING TO SUCH
17 PROPOSED CLOSURE OR REDUCTION. EVERY PARKS INFORMATIONAL CLOSURE REPORT
18 SHALL BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
19 SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE COMMITTEE
20 ON CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION, THE CHAIR OF THE
21 ASSEMBLY COMMITTEE ON TOURISM, PARKS, ARTS AND SPORTS DEVELOPMENT, AND
22 THE CHIEF EXECUTIVE OFFICER OF EACH COUNTY, CITY, TOWN AND/OR VILLAGE IN
23 WHICH THE STATE PARK, RECREATIONAL FACILITY OR HISTORIC SITE IS LOCATED.
24 IN ADDITION, SUCH REPORT SHALL BE PUBLISHED FOR NOT LESS THAN SEVEN
25 CONSECUTIVE DAYS IN A NEWSPAPER HAVING A GENERAL CIRCULATION IN THE
26 MUNICIPALITY IN WHICH THE PARK, FACILITY OR SITE IS LOCATED AND SHALL BE
27 INCLUDED ON THE INTERNET WEBSITE OF THE OFFICE FOR BROADER REVIEW.
28 2. THE PARKS INFORMATIONAL CLOSURE REPORT FOR EACH CLOSURE OR
29 REDUCTION IN USE SHALL INCLUDE, BUT NOT BE LIMITED TO:
30 (A) AN EVALUATION OF PARKS, RECREATIONAL FACILITIES AND HISTORIC SITES
31 AVAILABLE FOR PUBLIC USE WITHIN TWENTY-FIVE MILES OF THE STATE FACILITY
32 PROPOSED TO BE CLOSED OR REDUCED IN USE;
33 (B) AN EVALUATION OF AND REPORT ON THE ECONOMIC IMPACT OF THE CLOSURE
34 OR REDUCTION IN USE OF THE STATE FACILITY ON THE STATE AND THE MUNICI-
35 PALITIES SURROUNDING SUCH FACILITY. SUCH EVALUATION SHALL INCLUDE THE
36 COST TO THE OFFICE OF OPERATING SUCH FACILITY, THE REVENUE GENERATED BY
37 THE OPERATION OF SUCH FACILITY, THE REVENUE PAYABLE TO SURROUNDING COUN-
38 TIES, CITIES, TOWNS AND VILLAGES GENERATED BY THE OPERATION OF SUCH
39 FACILITY, AND THE ESTIMATED COST OF RE-OPENING SUCH FACILITY;
40 (C) AN EVALUATION OF AND REPORT ON THE USE OF THE STATE FACILITY BY
41 EDUCATIONAL INSTITUTIONS;
42 (D) A DETERMINATION OF WHETHER ANY MONEYS FROM THE FEDERAL LAND AND
43 WATER CONSERVATION FUND WERE EXPENDED AT THE STATE FACILITY PROPOSED TO
44 BE CLOSED OR REDUCED IN USE AND, IF SO, A DETERMINATION BY THE FEDERAL
45 SECRETARY OF THE INTERIOR ON THE PERMITTED USES OF SUCH STATE FACILITY;
46 (E) A SECURITY PLAN TO BE IMPLEMENTED UPON THE CLOSURE OR REDUCTION IN
47 USE OF THE STATE FACILITY TO PREVENT VANDALISM AND ENSURE PUBLIC SAFETY
48 THEREAT;
49 (F) A MAINTENANCE PLAN AND SCHEDULE FOR THE CONTINUED UPKEEP OF THE
50 BUILDINGS, STRUCTURES AND LAND AT THE STATE FACILITY PROPOSED TO BE
51 CLOSED OR REDUCED IN USE. SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED
52 TO, THE CONTINUED MOWING OF GRASSES AND BRUSH, AND PROVIDE FOR THE REGU-
53 LAR INSPECTION OF SUCH FACILITY BY AN OFFICER OR EMPLOYEE OF THE
54 REGIONAL PARK, RECREATION AND HISTORIC PRESERVATION COMMISSION AT LEAST
55 ONCE EVERY MONTH TO ASCERTAIN WHETHER SUCH FACILITY IS BEING MAINTAINED
56 IN ACCORDANCE WITH THE MAINTENANCE PLAN;
A. 5809 3
1 (G) AN EVALUATION AND REPORT ON THE ADVERSE ECOLOGICAL IMPACT OF THE
2 CLOSURE OR REDUCTION IN USE OF THE STATE FACILITY, INCLUDING ANY POTEN-
3 TIAL LOSS OF NATIVE SPECIES OF PLANTS OR ANIMALS OR THE INTRODUCTION OR
4 SPREAD OF INVASIVE NON-NATIVE SPECIES OF PLANTS OR ANIMALS; AND
5 (H) AN OUTLINE OF ALTERNATIVE ACTIONS THAT MAY BE TAKEN BY THE OFFICE
6 TO ENSURE THE CONTINUED FULL USE OF THE STATE FACILITY. SUCH ALTERNATIVE
7 ACTIONS SHALL INCLUDE THE PREPARATION OF REQUESTS FOR PROPOSALS AND
8 AGREEMENTS WITH ANY NOT-FOR-PROFIT CORPORATION AND/OR MUNICIPALITY FOR
9 THE PROVISION OF ANY SERVICE OR FINANCIAL SUPPORT AT THE STATE FACILITY
10 PROPOSED TO BE CLOSED OR REDUCED IN USE. NO PROVISION OF SUCH OUTLINE
11 SHALL PROVIDE FOR THE SURRENDER OR DIMINUTION OF THE JURISDICTION OF THE
12 OFFICE OVER SUCH FACILITY.
13 3. NOT MORE THAN THIRTY DAYS AFTER THE ISSUANCE OF A PARKS INFORMA-
14 TIONAL CLOSURE REPORT, THE OFFICE SHALL CONDUCT NOT LESS THAN THREE
15 PUBLIC HEARINGS, TWO OF WHICH SHALL BE CONDUCTED WITHIN TWENTY MILES OF
16 THE STATE FACILITY OF WHICH ONE MUST BE CONDUCTED IN THE EVENING THAT IS
17 THE SUBJECT OF SUCH REPORT, AND ONE OF WHICH SHALL BE CONDUCTED EITHER
18 IN THE CITY OF NEW YORK OR IN THE CITY OF ALBANY, FOR THE PURPOSE OF
19 REVIEWING AND RECEIVING PUBLIC COMMENT UPON SUCH REPORT. AT EACH SUCH
20 HEARING THE OFFICE SHALL EMPLOY STENOGRAPHERS TO RECORD THE TESTIMONY
21 GIVEN. WITHIN FIVE DAYS AFTER EACH PUBLIC HEARING A COPY OF THE TRAN-
22 SCRIPT OF THE HEARING SHALL BE DELIVERED TO THE GOVERNOR, THE TEMPORARY
23 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE
24 SENATE COMMITTEE ON CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION, THE
25 CHAIR OF THE ASSEMBLY COMMITTEE ON TOURISM, PARKS, ARTS AND SPORTS
26 DEVELOPMENT, AND THE CHIEF EXECUTIVE OFFICER OF EACH COUNTY, CITY, TOWN
27 AND/OR VILLAGE IN WHICH THE STATE PARK, RECREATIONAL FACILITY OR HISTOR-
28 IC SITE IS LOCATED.
29 4. NOT MORE THAN THIRTY DAYS AFTER NOTICE OF ANY PROPOSED CHANGE IS
30 MADE TO EITHER THE MISSION OF THE OFFICE, OR WITH REGARD TO THE ENTITY
31 CHARGED WITH OVERSIGHT RESPONSIBILITY FOR STATE PARKS, RECREATIONAL
32 FACILITIES OR HISTORIC SITES, THE OFFICE SHALL CONDUCT THREE PUBLIC
33 HEARINGS OF WHICH: ONE SHALL BE HELD IN THE CITY OF NEW YORK, ONE SHALL
34 BE HELD IN THE CITY OF ALBANY AND ONE SHALL BE HELD IN THE CITY OF
35 BUFFALO. SUCH HEARINGS SHALL BE HELD FOR THE PURPOSES OF RECEIVING AND
36 EVALUATING PUBLIC COMMENT ON THE IMPLICATIONS OF THE PROPOSED CHANGE TO
37 SUCH PARK'S, FACILITY'S OR SITE'S VIABILITY AND PUBLIC ACCESS THERETO.
38 S 13.55 CLOSURE OR REDUCTION. NO STATE PARK, RECREATIONAL FACILITY OR
39 HISTORIC SITE SHALL BE CLOSED OR REDUCED IN USE UNTIL THE STATE LEGISLA-
40 TURE SHALL HAVE BEEN IN RECEIPT OF THE APPROPRIATE PARKS INFORMATIONAL
41 CLOSURE REPORT AND THE TRANSCRIPT OF THE PUBLIC HEARINGS HELD THEREON
42 FOR NOT LESS THAN FORTY-FIVE DAYS AND THE LEGISLATURE SHALL HAVE
43 APPROVED A CONCURRENT RESOLUTION AUTHORIZING SUCH CLOSURE OR REDUCTION
44 IN USE.
45 S 2. This act shall take effect immediately.
