Bill Text: NY A10263 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 10263 (Prior Session Legislation)

Introduced

Bill Title: Provides that the closure to the public of any land operated by the office of parks, recreation and historic preservation, when no appropriation and staff are provided to continuously maintain and preserve such lands, shall be subject to environmental quality review.

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Introduced - Dead) 2010-03-24 - enacting clause stricken [A10263 Detail]

Download: New_York-2009-A10263-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10263
                                 I N  A S S E M B L Y
                                    March 16, 2010
                                      ___________
       Introduced  by  M. of A. DelMONTE, ENGLEBRIGHT, GORDON, STIRPE, RUSSELL,
         REILLY, RAMOS, DESTITO, SPANO -- read once and referred to the Commit-
         tee on Environmental Conservation
       AN ACT to amend the environmental conservation law, in relation to envi-
         ronmental quality review of the closure of  lands  maintained  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:
    1    Section 1. Subdivision  4  of  section  8-0105  of  the  environmental
    2  conservation  law,  as amended by chapter 228 of the laws of 1976, para-
    3  graph (i) as amended by chapter 252 of the laws of 1977, is  amended  to
    4  read as follows:
    5    4. "Actions" include:
    6    (i)  projects  or  activities  directly  undertaken  by any agency; or
    7  projects or activities supported in whole  or  part  through  contracts,
    8  grants,  subsidies, loans, or other forms of funding assistance from one
    9  or more agencies; or projects or activities involving the issuance to  a
   10  person of a lease, permit, license, certificate or other entitlement for
   11  use or permission to act by one or more agencies;
   12    (ii) policy, regulations, and procedure-making[.]; AND
   13    (III)  THE CLOSURE OF ACCESS TO THE PUBLIC OF ANY LANDS OWNED OR OPER-
   14  ATED BY THE OFFICE  OF  PARKS,  RECREATION  AND  HISTORIC  PRESERVATION,
   15  UNLESS  THE  STATE  HAS  PROVIDED  AN APPROPRIATION AND SUCH LABOR AS IS
   16  NECESSARY FOR THE CONTINUOUS MAINTENANCE AND PROTECTION OF SUCH LANDS.
   17    S 2. Paragraph (b) of subdivision 2 of section 8-0113 of the  environ-
   18  mental  conservation law, as amended by chapter 252 of the laws of 1977,
   19  is amended to read as follows:
   20    (b) Criteria for determining whether or not a proposed action may have
   21  a significant effect on the environment, taking into account social  and
   22  economic  factors to be considered in determining the significance of an
   23  environmental effect, PROVIDED, THAT EVERY  CLOSURE  OF  ACCESS  TO  THE
   24  PUBLIC OF LANDS OWNED OR OPERATED BY THE OFFICE OF PARKS, RECREATION AND
   25  HISTORIC PRESERVATION REFERRED TO IN PARAGRAPH (III) OF SUBDIVISION FOUR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16328-02-0
       A. 10263                            2
    1  OF  SECTION 8-0105 OF THIS ARTICLE SHALL BE DEEMED TO HAVE THE POSSIBIL-
    2  ITY OF HAVING A SIGNIFICANT EFFECT ON THE ENVIRONMENT;
    3    S 3. This act shall take effect immediately and shall apply to actions
    4  occurring on or after such effective date.