NY State Senate Bill 2017-S3457

Senate Bill S3457

Vetoed By Governor

2017-2018 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 Via A2835 - Vetoed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 07, 2018	tabled vetoed memo.275
Nov 26, 2018	delivered to governor
Jun 13, 2018	returned to assembly passed senate 3rd reading cal.1752 substituted for s3457a
Jun 13, 2018	substituted by a2835a ordered to third reading cal.1752 committee discharged and committed to rules
Jan 03, 2018	referred to cultural affairs, tourism, parks and recreation
May 10, 2017	print number 3457a
May 10, 2017	amend and recommit to cultural affairs, tourism, parks and recreation
Jan 23, 2017	referred to cultural affairs, tourism, parks and recreation

Votes

- Jun 13, 2018 - Floor Vote
  A2835
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 13, 2018
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Amedore
      
      Croci
      
      Sepúlveda
  Jun 13, 2018 - Rules Committee Vote
  S3457
  
  23
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 13, 2018
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      Griffo
      
      Ranzenhofer

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2017-S3457 - Details

Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Add §13.14, Pks & Rec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7457
2011-2012: S1918
2013-2014: S930
2015-2016: S955
2019-2020: S183

2017-S3457 - 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.

2017-S3457 - Sponsor Memo

                                 BILL NUMBER:  S3457

 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 respond 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 :

2009-2010: A.10452 DelMonte, Passed Assembly unanimously. Senate -
Died in Finance
2011-2012: S.1918 Referred to Cultural Affairs, Tourism, Parks &
Recre- ation
2013-14: S.930 Referred to Cultural Affairs, Tourism, Parks &
Recreation
2015-16: S.955 - Referred to Cultural Affairs, Tourism, Parks &
Recreation

 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.

2017-S3457 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3457
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 Introduced  by  Sens.  SERRANO, AVELLA, BAILEY, BRESLIN, DILAN, KRUEGER,
   MONTGOMERY, SANDERS, SAVINO, VALESKY -- read twice and ordered  print-
   ed,  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:
   § 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03637-01-7

 S. 3457                             2
 
   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.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2017-S3457A (ACTIVE) - Details

Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Add §13.14, Pks & Rec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7457
2011-2012: S1918
2013-2014: S930
2015-2016: S955
2019-2020: S183

2017-S3457A (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.

2017-S3457A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3457A

 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 :

This bill would require the conduct of public hearings and reports
there on, prior to the closure of any real property by the office of
parks, recreation and historic preservation (OPRHP).

 SUMMARY OF PROVISIONS :

The bill would add a new Section 13.14 to the Parks, Recreation and
Historic Preservation Law to requiring 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 operated 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 or
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 respond 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. 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 :

2009-2010: A.10452 DelMonte, Passed Assembly unanimously. Senate -
Died in Finance
2011-2012: S.1918 Referred to Cultural Affairs, Tourism, Parks &
Recreation
2013-14: S.930 Referred to Cultural Affairs, Tourism, Parks &
Recreation
2015-16: S.955 - Referred to Cultural Affairs, Tourism, Parks &
Recreation

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Undetermined.

 EFFECTIVE DATE :
This act would take effect immediately.

2017-S3457A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3457--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 Introduced  by  Sens.  SERRANO, AVELLA, BAILEY, BRESLIN, DILAN, KRUEGER,
   MONTGOMERY, SANDERS, SAVINO, VALESKY -- read twice and ordered  print-
   ed,  and  when  printed  to  be committed to the Committee on Cultural
   Affairs, Tourism, Parks and Recreation -- committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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.

                                                            LBD03637-03-7

 S. 3457--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.

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Senate Bill S3457

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Sponsored By

Archive: Last Bill Status Via A2835 - Vetoed by Governor

Bill Amendments

co-Sponsors

2017-S3457 - Details

2017-S3457 - Summary

2017-S3457 - Sponsor Memo

2017-S3457 - Bill Text download pdf

co-Sponsors

2017-S3457A (ACTIVE) - Details

2017-S3457A (ACTIVE) - Summary

2017-S3457A (ACTIVE) - Sponsor Memo

2017-S3457A (ACTIVE) - Bill Text download pdf

Comments