Bill Text: NY S01918 | 2011-2012 | General Assembly | Introduced

---

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 11-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION [S01918 Detail]

Download: New_York-2011-S01918-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1918
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 14, 2011
                                      ___________
       Introduced  by  Sen. SERRANO -- read twice and ordered printed, 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    S 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.
   21    2.  NOT  LESS  THAN  FOUR MONTHS BEFORE THE PROPOSED CLOSURE OF PUBLIC
   22  ACCESS TO SUCH REAL PROPERTY,  THE  COMMISSIONER  SHALL  PROVIDE  PUBLIC
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00402-01-1
       S. 1918                             2
    1  NOTICE  OF AND CONDUCT ONE OR MORE PUBLIC HEARINGS, INCLUDING ONE IN THE
    2  IMPACTED AREA OF THE PROPOSED CLOSURE. NOTICE OF ANY SUCH HEARING  SHALL
    3  BE  ON  A  STATEWIDE  BASIS,  INCLUDING PUBLICATION IN THE ENVIRONMENTAL
    4  NOTICE BULLETIN.  EACH PUBLIC HEARING SHALL ACCEPT WRITTEN STATEMENTS IN
    5  LIEU OF AN ORAL PRESENTATION.
    6    3.  UPON  CONCLUSION  OF THE PUBLIC HEARINGS ON A CLOSURE, THE COMMIS-
    7  SIONER SHALL ISSUE A FINAL REPORT WHICH INCLUDES  THE  RESPONSE  ON  ALL
    8  ISSUES  RAISED  AT THE HEARINGS AND INFORMATION ENTERED INTO THE HEARING
    9  RECORD.  SUCH FINAL REPORT SHALL BE MADE AVAILABLE  AND  DISTRIBUTED  TO
   10  THE PUBLIC.
   11    4.  THE  COMMISSIONER  SHALL  ISSUE AND SUBMIT TO THE GOVERNOR AND THE
   12  LEGISLATURE A FINDINGS STATEMENT ON EACH PROPOSED CLOSURE THAT  PROVIDES
   13  THE  JUSTIFICATION FOR SUCH CLOSURE OR, IN THE ALTERNATIVE, THE INFORMA-
   14  TION THAT SUPPORTS THE CONTINUED OPERATION OF THE REAL PROPERTY.
   15    S 2. This act shall take effect immediately.