S T A T E   O F   N E W   Y O R K
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                                  5579

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2011
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, SCHIMEL, GABRYSZAK, REILLY, ROSEN-
  THAL, CAHILL, LAVINE,  McENENY,  MAISEL,  JAFFEE,  MILLMAN,  ROBINSON,
  SPANO,  WEISENBERG,  J. RIVERA,  GIBSON, LIFTON, CASTRO -- Multi-Spon-
  sored by -- M. of A. DESTITO, GLICK, GOTTFRIED, MARKEY, MURRAY,  PHEF-
  FER,  SWEENEY,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00403-01-1

              

A. 5579                             2

THE REGIONAL POPULACE, ECONOMY AND POPULACE OF THE MUNICIPALITIES WITHIN
WHICH SUCH REAL PROPERTY IS LOCATED;
  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

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ONCE  EVERY MONTH TO ASCERTAIN WHETHER SUCH FACILITY IS BEING MAINTAINED
IN ACCORDANCE WITH THE MAINTENANCE PLAN;
  (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.