Bill Text: NY A00309 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Provides that beach areas operated by the office of parks, recreation and historic preservation shall include beach access routes provided for mobility impaired persons.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2022-01-05 - referred to tourism, parks, arts and sports development [A00309 Detail]

Download: New_York-2021-A00309-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                           309

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  M. of A. GUNTHER, M. MILLER -- 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  and
          the  executive  law,  in relation to providing beach access routes for
          mobility impaired persons

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  parks,  recreation  and historic preservation law is
     2  amended by adding a new section 13.33 to read as follows:
     3    § 13.33 Access routes for mobility impaired persons to state  beaches.
     4  1.  Beach areas operated by the office shall include beach access routes
     5  provided for mobility impaired persons connecting the entry point of the
     6  beach to the:
     7    (a) median high tide level at tidal beaches;
     8    (b) mean high water level at river beaches; or
     9    (c) normal recreation water level at lake, pond, and reservoir  beach-
    10  es.
    11    2.  Such  access  routes  may be provided by means of mats, of no less
    12  than five feet in width, or by such other equally  effective  system  as
    13  may  be  determined to be more suitable by the office. Access routes are
    14  to have a slope of no more than ten percent  and  are  to  include  rest
    15  areas  of  at  least five feet square at appropriate intervals as deter-
    16  mined by the office.
    17    § 2. Subparagraphs (iv) and (v) of paragraph (c) of subdivision  2  of
    18  section  296  of the executive law, as amended by chapter 89 of the laws
    19  of 2015, are amended and a new subparagraph (vi) is  added  to  read  as
    20  follows:
    21    (iv)  where  such  person  is  a  local  or state government entity, a
    22  refusal to remove architectural  barriers,  and  communication  barriers
    23  that  are  structural in nature, in existing facilities, and transporta-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02718-01-1
        A. 309                              2

     1  tion barriers in existing vehicles and rail passenger cars  used  by  an
     2  establishment  for transporting individuals (not including barriers that
     3  can only be removed through the retrofitting of vehicles or rail passen-
     4  ger  cars  by the installation of a hydraulic or other lift), where such
     5  removal does not constitute an undue burden;  except  as  set  forth  in
     6  paragraph (e) of this subdivision; nothing in this section would require
     7  a  public  entity  to:  necessarily make each of its existing facilities
     8  accessible to and usable by  individuals  with  disabilities;  take  any
     9  action  that would threaten or destroy the historical significance of an
    10  historic property; or to make structural changes in existing  facilities
    11  where  other  methods  are  effective  in achieving compliance with this
    12  section; [and]
    13    (v) where such person can demonstrate that the removal  of  a  barrier
    14  under  subparagraph (iii) of this paragraph is not readily achievable, a
    15  failure to make such  facilities,  privileges,  advantages  or  accommo-
    16  dations available through alternative methods if such methods are readi-
    17  ly achievable[.]; and
    18    (vi)  (A)  where  such person is a local or state government entity, a
    19  refusal to ensure that access routes are provided for mobility  impaired
    20  persons from the entry point of the beach open to the:
    21    (1) median high tide level at tidal beaches;
    22    (2) mean high water level at river beaches; or
    23    (3)  normal recreation water level at lake, pond, and reservoir beach-
    24  es.
    25    (B) Such access routes may be provided by means of mats,  of  no  less
    26  than  five  feet  in width, or by such other equally effective system as
    27  may be determined to be more suitable by the office of parks, recreation
    28  and historic preservation.  Access routes are to have a slope of no more
    29  than ten percent and are to include rest areas of  at  least  five  feet
    30  square at appropriate intervals as determined by such office.
    31    § 3. This act shall take effect on the one hundred twentieth day after
    32  it  shall have become a law. Effective immediately, the addition, amend-
    33  ment and/or repeal of any rule or regulation necessary for the implemen-
    34  tation of this act on its effective date are authorized to be made on or
    35  before such date.