S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2835--A
                                                         Cal. No. 193
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT,  DINOWITZ, McDONALD, GOODELL --
   Multi-Sponsored by -- M. of A. PERRY -- read once and referred to  the
   Committee  on  Tourism, Parks, Arts and Sports Development -- reported
   and referred to the Committee on  Ways  and  Means  --  reported  from
   committee, advanced to a third reading, amended and ordered reprinted,
   retaining its place on the order of third reading
 
 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:
   § 13.14 CLOSURE OF LANDS OWNED, HELD OR ADMINISTERED BY THE OFFICE. 1.
 EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION,  NOT  LESS  THAN
 SIX  MONTHS  BEFORE  THE  PROPOSED  CLOSURE OF PUBLIC ACCESS TO ANY REAL
 PROPERTY OWNED, HELD OR ADMINISTERED BY  THE  OFFICE,  THE  COMMISSIONER
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03637-02-7

 A. 2835--A                          2
 
   (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
 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.
   5.  THE  REQUIREMENTS OF THIS SECTION SHALL NOT APPLY TO SEASONAL PARK
 CLOSURES OR TEMPORARY CLOSURES DUE TO INCLEMENT WEATHER OR AS REASONABLY
 NECESSARY TO EFFECTUATE REPAIRS, MAINTENANCE OR CAPITAL IMPROVEMENTS.
   § 2. This act shall take effect immediately.