NY State Senate Bill 2009-S7457

Senate Bill S7457

2009-2010 Legislative Session

Requires the conducting of public hearings and reports thereon prior to the closure of any real property by the office of parks, recreation and historic preservation

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 05, 2010	reported and committed to finance
Apr 12, 2010	referred to cultural affairs, tourism, parks and recreation

Votes

- May 5, 2010 - Cultural Affairs, Tourism, Parks And Recreation Committee Vote
  S7457
  
  11
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Cultural Affairs, Tourism, Parks And Recreation Committee Vote: May 5, 2010
      
      aye (11)
      
      Duane
      
      Flanagan
      
      Griffo
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Squadron
      
      Stavisky
      
      Thompson
      
      Valesky
      
      Winner
      
      aye wr (3)
      
      Alesi
      
      Little
      
      Ranzenhofer

2009-S7457 (ACTIVE) - Details

See Assembly Version of this Bill:: A10452
Current Committee:: Senate Finance
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Add §13.14, Pks & Rec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1918, A693
2013-2014: S930, A159
2015-2016: S955, A4973
2017-2018: S3457, A2835
2019-2020: S183, A7675

2009-S7457 (ACTIVE) - Summary

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.

2009-S7457 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7457

 TITLE OF BILL :
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


 PURPOSE OF THE BILL :
The bill would require the conduct of public hearings and reports
thereon prior to the closure of any real property by OPRHP.

 SUMMARY OF PROVISIONS :
The bill would add a new Section 13.14 of the Parks, Recreation and
Historic Preservation Law to require the agency to prepare a draft
report that provides justification and the rationale for the closure
of public access of any real property owned or operations by OPRHP, at
least six months prior to a proposed closure of such lands.  The bill
specifies the elements of the report, which must be subject to one of
more public hearings at least 4 months prior to such proposed closure,
with at least one public hearing in the impacted area. OPRHP must
issue a final report that includes a response to all issues raised at
the hearings; the report must be publicly available and submitted to
the Governor and the Legislature.

 JUSTIFICATION :
If OPRHP proposes to close to the public any park, historic
preservation site, bird conservation area or other facility under its
jurisdiction, the agency should be required to evaluate and support
such proposed closure and its impact on the public. Public review and
public hearings will offer the opportunity for public scrutiny of such
proposals, and if a proposed closure is not adequately supported by
the agency, it should not go forward.  Providing this information to
the Governor and the Legislature will allow them to responds to such
actions as well. Protection of our priceless natural and public
recreation resources is paramount.  Closures can result in vandalism,
deterioration of the infrastructure and other damage that would go
undetected and not corrected. The State has a significant investment
in the State park system that must be protected for the benefit of all
of the citizens of NYS.

 PRIOR LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
There would be costs associated with the preparation of the report and
conduct of one or more public hearings.

 EFFECTIVE DATE :
This act would take effect immediately and apply to actions occurring
on or after such effective date.

2009-S7457 (ACTIVE) - Bill Text download pdf

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

                                  7457

                            I N  S E N A T E

                             April 12, 2010
                               ___________

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:

  Section 1. The parks, recreation  and  historic  preservation  law  is
amended by adding a new section 13.14 to read as follows:
  S 13.14 CLOSURE OF LANDS OWNED, HELD OR ADMINISTERED BY THE OFFICE. 1.
NOT LESS THAN SIX MONTHS BEFORE THE PROPOSED CLOSURE OF PUBLIC ACCESS TO
ANY REAL PROPERTY OWNED, HELD OR ADMINISTERED BY THE OFFICE, THE COMMIS-
SIONER  SHALL  ISSUE  A DRAFT REPORT THAT PROVIDES THE JUSTIFICATION AND
RATIONAL FOR SUCH CLOSURE INCLUDING, BUT NOT LIMITED TO:
  (A) A FULL DESCRIPTION OF THE REAL PROPERTY;
  (B) THE PURPOSES THAT THE REAL PROPERTY SERVES TO THE  PEOPLE  OF  THE
STATE;
  (C)  A  COMPARISON OF THE ECONOMIC IMPACTS OF CLOSURE VERSUS CONTINUED
OPERATION OF SUCH REAL PROPERTY TO THE STATE, LOCAL GOVERNMENTS AND  THE
PUBLIC;
  (D)  AN  ANALYSIS  OF  THE  POTENTIAL  HARM TO SUCH REAL PROPERTY FROM
VANDALISM, LACK OF MANAGEMENT AND MAINTENANCE, AND  OTHER  IMPACTS  FROM
THE LACK OF REGULAR OVERSIGHT BY THE OFFICE;
  (E)  THE  IMPACT  OF SUCH PROPOSED CLOSURE ON THE ENTIRE REAL PROPERTY
SYSTEM OWNED AND OPERATED BY THE OFFICE; AND
  (F) SUCH OTHER FACTORS THAT ARE  PARTICULARLY  RELEVANT  TO  THE  REAL
PROPERTY AND ITS FUNCTION AS STATE LAND.
  2.  NOT  LESS  THAN  FOUR MONTHS BEFORE THE PROPOSED CLOSURE OF PUBLIC
ACCESS TO SUCH REAL PROPERTY,  THE  COMMISSIONER  SHALL  PROVIDE  PUBLIC
NOTICE  OF AND CONDUCT ONE OR MORE PUBLIC HEARINGS, INCLUDING ONE IN THE
IMPACTED AREA OF THE PROPOSED CLOSURE. NOTICE OF ANY SUCH HEARING  SHALL
BE  ON  A  STATEWIDE  BASIS,  INCLUDING PUBLICATION IN THE ENVIRONMENTAL

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

                                                           LBD16594-01-0

S. 7457                             2

NOTICE BULLETIN.  EACH PUBLIC HEARING SHALL ACCEPT WRITTEN STATEMENTS IN
LIEU OF AN ORAL PRESENTATION.
  3.  UPON  CONCLUSION  OF THE PUBLIC HEARINGS ON A CLOSURE, THE COMMIS-
SIONER SHALL ISSUE A FINAL REPORT WHICH INCLUDES  THE  RESPONSE  ON  ALL
ISSUES  RAISED  AT THE HEARINGS AND INFORMATION ENTERED INTO THE HEARING
RECORD.  SUCH FINAL REPORT SHALL BE MADE AVAILABLE  AND  DISTRIBUTED  TO
THE PUBLIC.
  4.  THE  COMMISSIONER  SHALL  ISSUE AND SUBMIT TO THE GOVERNOR AND THE
LEGISLATURE A FINDINGS STATEMENT ON EACH PROPOSED CLOSURE THAT  PROVIDES
THE  JUSTIFICATION FOR SUCH CLOSURE OR, IN THE ALTERNATIVE, THE INFORMA-
TION THAT SUPPORTS THE CONTINUED OPERATION OF THE REAL PROPERTY.
  S 2. This act shall take effect immediately.

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