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

                                   693

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- 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  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

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

                                                           LBD00402-01-1

A. 693                              2

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
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.