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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3457
                               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
        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  Not less than six months before the proposed closure of public access to
     5  any real property owned, held or administered by the office, the commis-
     6  sioner  shall  issue  a draft report that provides the justification and
     7  rational for such closure including, but not limited to:
     8    (a) a full description of the real property;
     9    (b) the purposes that the real property serves to the  people  of  the
    10  state;
    11    (c)  a  comparison of the economic impacts of closure versus continued
    12  operation of such real property to the state, local governments and  the
    13  public;
    14    (d)  an  analysis  of  the  potential  harm to such real property from
    15  vandalism, lack of management and maintenance, and  other  impacts  from
    16  the lack of regular oversight by the office;
    17    (e)  the  impact  of such proposed closure on the entire real property
    18  system owned and operated by the office; and
    19    (f) such other factors that are  particularly  relevant  to  the  real
    20  property and its function as state land.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03637-01-7
        S. 3457                             2
     1    2.  Not  less  than  four months before the proposed closure of public
     2  access to such real property,  the  commissioner  shall  provide  public
     3  notice  of and conduct one or more public hearings, including one in the
     4  impacted area of the proposed closure. Notice of any such hearing  shall
     5  be  on  a  statewide  basis,  including publication in the environmental
     6  notice bulletin.  Each public hearing shall accept written statements in
     7  lieu of an oral presentation.
     8    3. Upon conclusion of the public hearings on a  closure,  the  commis-
     9  sioner  shall  issue  a  final report which includes the response on all
    10  issues raised at the hearings and information entered into  the  hearing
    11  record.    Such  final report shall be made available and distributed to
    12  the public.
    13    4. The commissioner shall issue and submit to  the  governor  and  the
    14  legislature  a findings statement on each proposed closure that provides
    15  the justification for such closure or, in the alternative, the  informa-
    16  tion that supports the continued operation of the real property.
    17    § 2. This act shall take effect immediately.