S T A T E   O F   N E W   Y O R K
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                                  1552

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, SCHIMEL, ROSENTHAL, CAHILL, LAVINE,
  ROBINSON, RIVERA, LIFTON -- Multi-Sponsored by  --  M.  of  A.  GLICK,
  GOTTFRIED,  MARKEY,  THIELE -- 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,  in
  relation  to  regulating  the  closure  and diminution of state parks,
  recreational facilities and historic sites

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  parks,  recreation  and historic preservation law is
amended by adding a new article 13-A to read as follows:
                               ARTICLE 13-A
                          CLOSURE OR REDUCTION
SECTION 13.51 PURPOSES.
        13.53 PARKS INFORMATIONAL CLOSURE REPORT; PUBLIC HEARINGS.
        13.55 CLOSURE OR REDUCTION.
  S 13.51 PURPOSES. IT IS THE PURPOSE OF THIS ARTICLE THAT THE OFFICE BE
REQUIRED TO CONSIDER THE FULL ARRAY OF CONSEQUENCES OF EVERY CLOSURE  OR
REDUCTION IN THE USE OF ANY STATE PARK, RECREATIONAL FACILITY OR HISTOR-
IC  SITE.  THE LEGISLATURE HEREBY FINDS THAT THE CLOSURE OR REDUCTION IN
THE USE OF REAL PROPERTY OWNED OR OPERATED BY THE OFFICE MAY:
  1. VIOLATE THE TERMS OF COVENANTS AND DEEDS WHICH GRANT  OWNERSHIP  OF
OR CONTROL OVER SUCH REAL PROPERTY TO THE STATE AND THE OFFICE;
  2.  VIOLATE  THE  OFFICE'S  DUTY TO MAINTAIN AND PROVIDE PARKS, RECRE-
ATIONAL FACILITIES AND HISTORIC SITES FOR THE BENEFIT OF THE  PEOPLE  OF
THE STATE;
  3.  HAVE  A SIGNIFICANT ADVERSE IMPACT ON THE ECOLOGY AND BIODIVERSITY
OF THE STATE PARK, RECREATIONAL FACILITY OR HISTORIC SITE,  AS  WELL  AS
THE REGIONAL POPULACE, ECONOMY AND POPULACE OF THE MUNICIPALITIES WITHIN
WHICH SUCH REAL PROPERTY IS LOCATED;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06152-01-5

              

A. 1552                             2

  4.  HAVE  A SIGNIFICANT ADVERSE IMPACT ON EACH EDUCATIONAL INSTITUTION
THAT HAS UTILIZED THE STATE PARK, RECREATIONAL FACILITY OR HISTORIC SITE
WITHIN THE PRIOR TWENTY-FOUR MONTHS;
  5.  VIOLATE  THE  TERMS  OF  A  GRANT OR GRANTS PROVIDED TO THE OFFICE
PURSUANT TO THE FEDERAL LAND AND WATER CONSERVATION FUND ACT OF NINETEEN
HUNDRED SIXTY-FIVE, AND ACTS AMENDATORY OR SUPPLEMENTAL THERETO;
  6. FAIL TO FULLY CONSIDER THE MAINTENANCE, SAFETY AND SECURITY  THERE-
OF; AND
  7.  FAIL  TO FULLY CONSIDER ALTERNATIVE ACTIONS WHICH WOULD FACILITATE
THE CONTINUED OPERATION AND MAINTENANCE OF THE STATE PARK,  RECREATIONAL
FACILITY OR HISTORIC SITE.
  S  13.53  PARKS INFORMATIONAL CLOSURE REPORT; PUBLIC HEARINGS.  1. NOT
LESS THAN ONE HUNDRED TWENTY DAYS BEFORE  THE  OFFICE  HAS  PROPOSED  TO
CLOSE  OR  REDUCE  THE  USE  OF ANY STATE PARK, RECREATIONAL FACILITY OR
HISTORIC SITE, SUCH OFFICE SHALL PUBLISH FOR GENERAL DISTRIBUTION IN ANY
PRINT OR ELECTRONIC MEDIUM A PARKS INFORMATIONAL REPORT RELATING TO SUCH
PROPOSED CLOSURE OR REDUCTION. EVERY PARKS INFORMATIONAL CLOSURE  REPORT
SHALL  BE  SUBMITTED  TO  THE  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE  SENATE  COMMITTEE
ON  CULTURAL  AFFAIRS,  TOURISM,  PARKS AND RECREATION, THE CHAIR OF THE
ASSEMBLY COMMITTEE ON TOURISM, PARKS, ARTS AND SPORTS  DEVELOPMENT,  AND
THE CHIEF EXECUTIVE OFFICER OF EACH COUNTY, CITY, TOWN AND/OR VILLAGE IN
WHICH THE STATE PARK, RECREATIONAL FACILITY OR HISTORIC SITE IS LOCATED.
IN  ADDITION,  SUCH  REPORT  SHALL  BE PUBLISHED FOR NOT LESS THAN SEVEN
CONSECUTIVE DAYS IN A NEWSPAPER HAVING  A  GENERAL  CIRCULATION  IN  THE
MUNICIPALITY IN WHICH THE PARK, FACILITY OR SITE IS LOCATED AND SHALL BE
INCLUDED ON THE INTERNET WEBSITE OF THE OFFICE FOR BROADER REVIEW.
  2.  THE  PARKS  INFORMATIONAL  CLOSURE  REPORT  FOR  EACH  CLOSURE  OR
REDUCTION IN USE SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A) AN EVALUATION OF PARKS, RECREATIONAL FACILITIES AND HISTORIC SITES
AVAILABLE FOR PUBLIC USE WITHIN TWENTY-FIVE MILES OF THE STATE  FACILITY
PROPOSED TO BE CLOSED OR REDUCED IN USE;
  (B)  AN EVALUATION OF AND REPORT ON THE ECONOMIC IMPACT OF THE CLOSURE
OR REDUCTION IN USE OF THE STATE FACILITY ON THE STATE AND  THE  MUNICI-
PALITIES  SURROUNDING  SUCH  FACILITY. SUCH EVALUATION SHALL INCLUDE THE
COST TO THE OFFICE OF OPERATING SUCH FACILITY, THE REVENUE GENERATED  BY
THE OPERATION OF SUCH FACILITY, THE REVENUE PAYABLE TO SURROUNDING COUN-
TIES,  CITIES,  TOWNS  AND  VILLAGES  GENERATED BY THE OPERATION OF SUCH
FACILITY, AND THE ESTIMATED COST OF RE-OPENING SUCH FACILITY;
  (C) AN EVALUATION OF AND REPORT ON THE USE OF THE  STATE  FACILITY  BY
EDUCATIONAL INSTITUTIONS;
  (D)  A  DETERMINATION  OF WHETHER ANY MONEYS FROM THE FEDERAL LAND AND
WATER CONSERVATION FUND WERE EXPENDED AT THE STATE FACILITY PROPOSED  TO
BE  CLOSED  OR REDUCED IN USE AND, IF SO, A DETERMINATION BY THE FEDERAL
SECRETARY OF THE INTERIOR ON THE PERMITTED USES OF SUCH STATE FACILITY;
  (E) A SECURITY PLAN TO BE IMPLEMENTED UPON THE CLOSURE OR REDUCTION IN
USE OF THE STATE FACILITY TO PREVENT VANDALISM AND ENSURE PUBLIC  SAFETY
THEREAT;
  (F)  A  MAINTENANCE  PLAN AND SCHEDULE FOR THE CONTINUED UPKEEP OF THE
BUILDINGS, STRUCTURES AND LAND AT THE  STATE  FACILITY  PROPOSED  TO  BE
CLOSED  OR  REDUCED  IN USE. SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED
TO, THE CONTINUED MOWING OF GRASSES AND BRUSH, AND PROVIDE FOR THE REGU-
LAR INSPECTION OF SUCH  FACILITY  BY  AN  OFFICER  OR  EMPLOYEE  OF  THE
REGIONAL  PARK, RECREATION AND HISTORIC PRESERVATION COMMISSION AT LEAST
ONCE EVERY MONTH TO ASCERTAIN WHETHER SUCH FACILITY IS BEING  MAINTAINED
IN ACCORDANCE WITH THE MAINTENANCE PLAN;

A. 1552                             3

  (G)  AN  EVALUATION AND REPORT ON THE ADVERSE ECOLOGICAL IMPACT OF THE
CLOSURE OR REDUCTION IN USE OF THE STATE FACILITY, INCLUDING ANY  POTEN-
TIAL  LOSS OF NATIVE SPECIES OF PLANTS OR ANIMALS OR THE INTRODUCTION OR
SPREAD OF INVASIVE NON-NATIVE SPECIES OF PLANTS OR ANIMALS; AND
  (H)  AN OUTLINE OF ALTERNATIVE ACTIONS THAT MAY BE TAKEN BY THE OFFICE
TO ENSURE THE CONTINUED FULL USE OF THE STATE FACILITY. SUCH ALTERNATIVE
ACTIONS SHALL INCLUDE THE PREPARATION  OF  REQUESTS  FOR  PROPOSALS  AND
AGREEMENTS  WITH  ANY NOT-FOR-PROFIT CORPORATION AND/OR MUNICIPALITY FOR
THE PROVISION OF ANY SERVICE OR FINANCIAL SUPPORT AT THE STATE  FACILITY
PROPOSED  TO  BE  CLOSED OR REDUCED IN USE. NO PROVISION OF SUCH OUTLINE
SHALL PROVIDE FOR THE SURRENDER OR DIMINUTION OF THE JURISDICTION OF THE
OFFICE OVER SUCH FACILITY.
  3. NOT MORE THAN THIRTY DAYS AFTER THE ISSUANCE OF  A  PARKS  INFORMA-
TIONAL  CLOSURE  REPORT,  THE  OFFICE  SHALL CONDUCT NOT LESS THAN THREE
PUBLIC HEARINGS, TWO OF WHICH SHALL BE CONDUCTED WITHIN TWENTY MILES  OF
THE STATE FACILITY OF WHICH ONE MUST BE CONDUCTED IN THE EVENING THAT IS
THE  SUBJECT  OF SUCH REPORT, AND ONE OF WHICH SHALL BE CONDUCTED EITHER
IN THE CITY OF NEW YORK OR IN THE CITY OF ALBANY,  FOR  THE  PURPOSE  OF
REVIEWING  AND  RECEIVING  PUBLIC COMMENT UPON SUCH REPORT. AT EACH SUCH
HEARING THE OFFICE SHALL EMPLOY STENOGRAPHERS TO  RECORD  THE  TESTIMONY
GIVEN.  WITHIN  FIVE  DAYS AFTER EACH PUBLIC HEARING A COPY OF THE TRAN-
SCRIPT OF THE HEARING SHALL BE DELIVERED TO THE GOVERNOR, THE  TEMPORARY
PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE
SENATE COMMITTEE ON CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION, THE
CHAIR OF THE ASSEMBLY COMMITTEE  ON  TOURISM,  PARKS,  ARTS  AND  SPORTS
DEVELOPMENT,  AND THE CHIEF EXECUTIVE OFFICER OF EACH COUNTY, CITY, TOWN
AND/OR VILLAGE IN WHICH THE STATE PARK, RECREATIONAL FACILITY OR HISTOR-
IC SITE IS LOCATED.
  4. NOT MORE THAN THIRTY DAYS AFTER NOTICE OF ANY  PROPOSED  CHANGE  IS
MADE  TO  EITHER THE MISSION OF THE OFFICE, OR WITH REGARD TO THE ENTITY
CHARGED WITH OVERSIGHT  RESPONSIBILITY  FOR  STATE  PARKS,  RECREATIONAL
FACILITIES  OR  HISTORIC  SITES,  THE  OFFICE SHALL CONDUCT THREE PUBLIC
HEARINGS OF WHICH: ONE SHALL BE HELD IN THE CITY OF NEW YORK, ONE  SHALL
BE  HELD  IN  THE  CITY  OF  ALBANY AND ONE SHALL BE HELD IN THE CITY OF
BUFFALO. SUCH HEARINGS SHALL BE HELD FOR THE PURPOSES OF  RECEIVING  AND
EVALUATING  PUBLIC COMMENT ON THE IMPLICATIONS OF THE PROPOSED CHANGE TO
SUCH PARK'S, FACILITY'S OR SITE'S VIABILITY AND PUBLIC ACCESS THERETO.
  S 13.55 CLOSURE OR REDUCTION. NO STATE PARK, RECREATIONAL FACILITY  OR
HISTORIC SITE SHALL BE CLOSED OR REDUCED IN USE UNTIL THE STATE LEGISLA-
TURE  SHALL  HAVE BEEN IN RECEIPT OF THE APPROPRIATE PARKS INFORMATIONAL
CLOSURE REPORT AND THE TRANSCRIPT OF THE PUBLIC  HEARINGS  HELD  THEREON
FOR  NOT  LESS  THAN  FORTY-FIVE  DAYS  AND  THE  LEGISLATURE SHALL HAVE
APPROVED A CONCURRENT RESOLUTION AUTHORIZING SUCH CLOSURE  OR  REDUCTION
IN USE.
  S 2. This act shall take effect immediately.