senate Bill S342

Prohibits the Adirondack park agency from implementing any rule or regulation relating to campgrounds which is inconsistent with department of health rules

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO FINANCE
  • 10 / May / 2011
    • 1ST REPORT CAL.571
  • 11 / May / 2011
    • 2ND REPORT CAL.
  • 16 / May / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO FINANCE
  • 01 / May / 2012
    • 1ST REPORT CAL.653
  • 02 / May / 2012
    • 2ND REPORT CAL.
  • 07 / May / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Prohibits the Adirondack park agency from promulgating or implementing any rule, regulation or land use and development plan, related to campgrounds, which is inconsistent with the provisions of any rule or regulation of the department of health relating thereto.

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Bill Details

See Assembly Version of this Bill:
A148
Versions:
S342
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd ยง802, Exec L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S320, A446
2007-2008: A1299

Sponsor Memo

BILL NUMBER:S342

TITLE OF BILL:
An act
to amend the executive law, in relation to the regulation of campgrounds
by the Adirondack park agency

PURPOSE:
To ensure that campgrounds located in the Adirondack Park are treated
the same as those located outside the Park.

SUMMARY OF PROVISIONS:
Section 1- Amends subdivision 10 of section 802 of the executive law,
as amended by chapter .348 of the laws of 1973 to provide that no
provision of this article shall be deemed to authorize the agency to
create any rule, regulation or land use and development plan relating
to campgrounds which is inconsistent with the Department of Health's
rules and regulations relating to campgrounds.

Section 2- Effective Date

EXISTING LAW:
Subdivision 10 of section 802 of the executive law defines campgrounds.

JUSTIFICATION:
The Adirondack Park Agency was created in 1971 in order to protect the
public and private lands in the Adirondack Park. Since then, certain
regulations have been adopted which have been seen as limiting the
ability of local residents and businesses to live and work within the
Park.

The Agency has recently proposed regulations which have the potential
to negatively impact campground owners and campers. There is no
environmental benefit to the APA's regulations.
Campgrounds within the Park must be able to compete with campgrounds
located outside the Park otherwise people will go to campsites
outside the Park or in other states. Seasonal campers spending time
in these parks contribute to the economy of the area through
shopping, dining, attending attractions, etc. As long as the camps
comply with the Department of Health regulations, they should not be
treated any differently just because they are located within the Blue
Line.

This legislation is intended to level the playing field for campground
owners who are located within the imaginary Blue Line.

LEGISLATIVE HISTORY:
2009/10: S.320 Finance; A.446 Environmental Conservation
2007/08: S.1124 Finance
2006: S.5980 Passed Senate; A.9456 Environmental Conservation

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately


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

    S. 342                                                    A. 148

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

IN  SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Finance

IN ASSEMBLY -- Introduced by M. of A. SAYWARD -- read once and  referred
  to the Committee on Environmental Conservation

AN  ACT  to  amend  the  executive law, in relation to the regulation of
  campgrounds by the Adirondack park agency

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  10  of  section 802 of the executive law, as
amended by chapter 348 of the laws  of  1973,  is  amended  to  read  as
follows:
  10.  "Campground"  means  any area designed for transient occupancy by
camping in tents, camp trailers, travel trailers, motor homes or similar
facility designed for temporary  shelter;  PROVIDED,  HOWEVER,  THAT  NO
PROVISION  OF  THIS  ARTICLE  SHALL BE DEEMED TO AUTHORIZE THE AGENCY TO
PROMULGATE OR IMPLEMENT ANY RULE, REGULATION OR LAND USE AND DEVELOPMENT
PLAN, RELATING TO ANY CAMPGROUND OR CAMPGROUNDS, WHICH IS IN ANY  MANNER
INCONSISTENT  WITH THE RULES AND REGULATIONS OF THE DEPARTMENT OF HEALTH
RELATING THERETO, AND EVERY SUCH INCONSISTENT RULE, REGULATION AND  LAND
USE AND DEVELOPMENT PLAN OF THE AGENCY SHALL BE VOID.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01282-01-1

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