Bill Text: NY S03457 | 2017-2018 | General Assembly | Amended

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Bill Title: Requires the conducting of public hearings and reports thereon prior to the closure to public access of any real property by the office of parks, recreation and historic preservation.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2018-06-13 - SUBSTITUTED BY A2835A [S03457 Detail]

Download: New_York-2017-S03457-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         3457--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 23, 2017
                                       ___________
        Introduced  by  Sens.  SERRANO, AVELLA, BAILEY, BRESLIN, DILAN, KRUEGER,
          MONTGOMERY, SANDERS, SAVINO, VALESKY -- read twice and ordered  print-
          ed,  and  when  printed  to  be committed to the Committee on Cultural
          Affairs, Tourism, Parks and Recreation -- committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
        AN ACT to amend the parks, recreation and historic preservation law,  in
          relation  to  requiring an evaluation of the impacts of the closure of
          public access to any land owned or operated by the  office  of  parks,
          recreation and historic preservation
          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 13.14 to read as follows:
     3    § 13.14 Closure of lands owned, held or administered by the office. 1.
     4  Except  as  provided  in subdivision five of this section, not less than
     5  six months before the proposed closure of  public  access  to  any  real
     6  property  owned,  held  or  administered by the office, the commissioner
     7  shall issue a draft report that provides the justification and  rational
     8  for such closure including, but not limited to:
     9    (a) a full description of the real property;
    10    (b)  the  purposes  that the real property serves to the people of the
    11  state;
    12    (c) a comparison of the economic impacts of closure  versus  continued
    13  operation  of such real property to the state, local governments and the
    14  public;
    15    (d) an analysis of the potential  harm  to  such  real  property  from
    16  vandalism,  lack  of  management and maintenance, and other impacts from
    17  the lack of regular oversight by the office;
    18    (e) the impact of such proposed closure on the  entire  real  property
    19  system owned and operated by the office; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03637-03-7
        S. 3457--A                          2
     1    (f)  such  other  factors  that  are particularly relevant to the real
     2  property and its function as state land.
     3    2.  Not  less  than  four months before the proposed closure of public
     4  access to such real property,  the  commissioner  shall  provide  public
     5  notice  of and conduct one or more public hearings, including one in the
     6  impacted area of the proposed closure. Notice of any such hearing  shall
     7  be  on  a  statewide  basis,  including publication in the environmental
     8  notice bulletin.  Each public hearing shall accept written statements in
     9  lieu of an oral presentation.
    10    3. Upon conclusion of the public hearings on a  closure,  the  commis-
    11  sioner  shall  issue  a  final report which includes the response on all
    12  issues raised at the hearings and information entered into  the  hearing
    13  record.    Such  final report shall be made available and distributed to
    14  the public.
    15    4. The commissioner shall issue and submit to  the  governor  and  the
    16  legislature  a findings statement on each proposed closure that provides
    17  the justification for such closure or, in the alternative, the  informa-
    18  tion that supports the continued operation of the real property.
    19    5.  The  requirements of this section shall not apply to seasonal park
    20  closures or temporary closures due to inclement weather or as reasonably
    21  necessary to effectuate repairs, maintenance or capital improvements.
    22    § 2. This act shall take effect immediately.