Bill Text: NY A03728 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 3728 (Prior Session Legislation)

Introduced

Bill Title: Provides that beach areas operated by the office of parks, recreation and historic preservation shall include beach access routes provided for mobility impaired persons.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-01-08 - referred to tourism, parks, arts and sports development [A03728 Detail]

Download: New_York-2019-A03728-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          3728
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2019
                                       ___________
        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.