Bill Text: NY A02835 | 2017-2018 | General Assembly | Amended

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: Moderate Partisan Bill (Democrat 4-1)

Status: (Vetoed) 2018-12-07 - tabled [A02835 Detail]

Download: New_York-2017-A02835-Amended.html

                STATE OF NEW YORK
                                                                Cal. No. 193
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 23, 2017
        Introduced  by  M.  of  A.  ENGLEBRIGHT,  DINOWITZ, McDONALD, GOODELL --
          Multi-Sponsored by -- M. of A. PERRY -- read once and referred to  the
          Committee  on  Tourism, Parks, Arts and Sports Development -- reported
          and referred to the Committee on  Ways  and  Means  --  reported  from
          committee, advanced to a third reading, amended and ordered reprinted,
          retaining its place on the order of third reading
        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.

        A. 2835--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.