senate Bill S4429

Amended

Establishes the New York state park adopt-a-trail stewardship program and the New York state park adopt-a-trail stewardship program fund

download pdf

Sponsor

Co-Sponsors

Bill Status


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

actions

  • 27 / Mar / 2013
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 06 / Jun / 2013
    • AMEND AND RECOMMIT TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 06 / Jun / 2013
    • PRINT NUMBER 4429A
  • 08 / Jan / 2014
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 23 / May / 2014
    • AMEND AND RECOMMIT TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 23 / May / 2014
    • PRINT NUMBER 4429B

Summary

Establishes the New York state park adopt-a-trail stewardship program and the New York state park adopt-a-trail stewardship program fund.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A6441
Versions:
S4429
S4429A
S4429B
Legislative Cycle:
2013-2014
Current Committee:
Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Add §3.27, Pks & Rec L; add §97-llll, St Fin L

Sponsor Memo

BILL NUMBER:S4429

TITLE OF BILL: An act to amend the parks, recreation and historic
preservation law, in relation to establishing the New York state park
adopt-a-trail stewardship program; and to amend the state finance law,
in relation to establishing the state park adopt-a-trail stewardship
program fund

PURPOSE: The purpose of this bill is to establish the State park
adopt-a-trail stewardship program which allows the commissioner to
enter into stewardship agreements with any person or persons in order
to preserve trails in state-owned parks.

SUMMARY OF PROVISIONS: Section 1 amends the parks, recreation and
historic preservation law to add a new section, 3.27 which establishes
the State park adopt-a-trail stewardship program.

Section 2 amends the state finance law to add a new section, 97-111
which establishes the state park adopt-a-trail stewardship program
fund.

JUSTIFICATION: State parks allow community members to connect with
their unique, local environment. The program creates a public-private
partnership for the local community to sponsor specific state owned
trails. In addition to enhancing the relationships between parks and
the local community, this legislation will also help to promote local
tourism, and maintain, preserve, and enhance trails.

State parks provide a return of investment of 5SCRIPT for the State.
Furthermore, State parks have a backlog of over $1 billion in capital
projects. It is essential, that we come up with creative new ways to
help protect our parks. This bill will play an important role of
helping to protect and maintain our trails which are an important
component of our park system.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This Act shall take effect 120 days after becoming
law.

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

    S. 4429                                                  A. 6441

                       2013-2014 Regular Sessions

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

                             March 27, 2013
                               ___________

IN SENATE -- Introduced by Sen. SERRANO -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Cultural
  Affairs, Tourism, Parks and Recreation

IN ASSEMBLY -- Introduced  by  M.  of  A.  ENGLEBRIGHT,  GALEF,  CORWIN,
  THIELE,  KEARNS, WEPRIN, FINCH, STEC, COLTON, CAHILL, MILLMAN, WALTER,
  DUPREY, ROSENTHAL, DIPIETRO, RAIA,  SANTABARBARA,  MAISEL,  MONTESANO,
  LUPARDO,  BORELLI,  OTIS,  BARRETT, ABBATE, GUNTHER, CERETTO -- Multi-
  Sponsored by -- M. of A. BARCLAY, BUCHWALD, CROUCH, P. LOPEZ, LUPINAC-
  CI, McDONALD, QUART, SCHIMMINGER, SOLAGES, SWEENEY, TITONE, WEISENBERG
  -- 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,  in
  relation  to  establishing  the  New  York  state  park  adopt-a-trail
  stewardship program; and to amend the state finance law,  in  relation
  to establishing the state park adopt-a-trail stewardship program fund

  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 3.27 to read as follows:
  S 3.27 STATE PARK ADOPT-A-TRAIL STEWARDSHIP PROGRAM. 1. A. THE COMMIS-
SIONER  MAY ENTER INTO STEWARDSHIP AGREEMENTS WITH ANY PERSON OR PERSONS
FOR THE PURPOSES OF PRESERVING, MAINTAINING, OR  ENHANCING  A  TRAIL  OR
TRAILS  IN  STATE-OWNED  PARKS OR ANY PORTION THEREOF IN ACCORDANCE WITH
THE POLICIES OF THIS CHAPTER.
  B. IN HIS OR HER DISCRETION, THE COMMISSIONER MAY ESTABLISH  PERMANENT
OR TEMPORARY AGREEMENTS WITH PARK'S FRIENDS GROUPS OR OTHER LOCAL COMMU-
NITY NON-PROFIT GROUPS TO ADMINISTER THE PROGRAM. IF MORE THAN ONE GROUP
IS  INTERESTED  IN  ADMINISTERING  THE  PROGRAM,  THE COMMISSIONER SHALL
DEVELOP AN OPEN AND COMPETITIVE PROCESS TO  SELECT  THE  BEST  GROUP  TO
ADMINISTER THE PROGRAM.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10053-01-3

S. 4429                             2                            A. 6441

  2.  THE  STEWARDSHIP  AGREEMENT  SHALL  PROVIDE THAT THE TRAIL AREA BE
PRESERVED AND MAINTAINED IN ITS NATURAL STATE OR MANAGED TO  ENHANCE  OR
RESTORE  THE  NATURAL VALUES IT PROVIDES, CONSISTENT WITH THE PROVISIONS
OF THIS CHAPTER.  ACTIVITIES MAY INCLUDE:  REMEDIATION OF VANDALISM  AND
STORM  DAMAGE,  PICKING UP LITTER AND TRASH, ESTABLISHING OR MAINTAINING
ACCESS OR NATURE TRAILS,  PROVIDING  INTERPRETIVE  SERVICES  FOR  SCHOOL
GROUPS  AND OTHER CITIZENS, BRUSH CLEARING, LAWN MAINTENANCE, TREE TRIM-
MING, PLANTINGS, INSTALLATION, REPAIR  AND/OR  REPLACEMENT  OF  BENCHES,
KIOSKS,  PICNIC  TABLES  AND  SHELTERS  AND OTHERWISE PROVIDING POSITIVE
BENEFITS TO THE TRAIL AREA.
  3. STEWARDSHIP AGREEMENT WITH ANY PERSON OR PERSONS  MAY  PROVIDE  FOR
ASSISTANCE  OF  PERSONNEL, FACILITIES AND SUPPLIES OF THE OFFICE FOR THE
PURPOSES OF SUPPORTING APPROPRIATE  ACTIVITIES  UNDER  SUCH  STEWARDSHIP
AGREEMENT, IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER.
  4.  THE OFFICE SHALL ESTABLISH PROCEDURES BY WHICH A PERSON OR PERSONS
MAY APPLY FOR A STEWARDSHIP AGREEMENT,  AND  SHALL  BE  RESPONSIBLE  FOR
WORKING WITH SUCH PERSONS TO IDENTIFY SPECIFIC SECTIONS OF A STATE-OWNED
PARK  TRAIL AND SPECIFIC ACTIVITIES DEEMED APPROPRIATE FOR SUCH STEWARD-
SHIP AGREEMENT. THE OFFICE MAY CONSIDER FACTORS SUCH AS SAFETY, ENVIRON-
MENTAL SENSITIVITY, NEED, COST AND  OTHER  FACTORS  DEEMED  RELEVANT  IN
DETERMINING WHICH TRAIL AREAS OR ACTIVITIES MAY BE ELIGIBLE OR APPROPRI-
ATE FOR A STEWARDSHIP AGREEMENT.
  5.  A.  THE OFFICE SHALL PROVIDE RECOGNITION OF THE STEWARDSHIP ACTIV-
ITIES BY DISPLAYING APPROPRIATE SIGNAGE, AS DESCRIBED IN PARAGRAPH B  OF
THIS  SUBDIVISION,  ON  OR  NEAR THE ADOPTED TRAIL AREA, AND MAY PROVIDE
RECOGNITION BY SUCH OTHER MEASURES AS IT MAY DETERMINE TO  BE  APPROPRI-
ATE,  INCLUDING  BUT  NOT  LIMITED  TO PRESS RELEASES, CERTIFICATES, AND
NEWSLETTERS.
  B. SPONSORSHIP WOULD BE INDICATED BY HAVING HIKING TRAIL MARKER  SIGNS
DISPLAY  A SMALL ADVERTISEMENT FROM THE TRAIL SPONSOR. TRAIL SIGNS SHALL
BE CIRCULAR AND NOT BE MORE THAN FIVE INCHES IN DIAMETER, UNLESS  DEEMED
NECESSARY TO BE LARGER FOR SAFETY REASONS OR IF THE SIGN IS AN IMPORTANT
MARKER  SUCH  AS  THE  FIRST SIGN OF THE TRAIL.  ADVERTISEMENT SHALL NOT
TAKE UP MORE THAN TWENTY-FIVE PERCENT OF THE SIGN AND SHALL  NOT  IMPEDE
UPON THE OTHER INFORMATION DISPLAYED ON THE SIGN.
  6.  THE  STEWARDSHIP  AGREEMENT MAY BE MODIFIED IN SCOPE OR ALTERED IN
ANY OTHER MANNER AT THE SOLE DISCRETION OF THE OFFICE, NOT  INCONSISTENT
WITH  THE  PROVISIONS  OF THIS SECTION. THE PERSON OR PERSONS SHALL HAVE
THE OPTION OF RENEWING THE AGREEMENT SUBJECT  TO  THE  APPROVAL  OF  THE
OFFICE   AND   THE   CONTINUATION  BY  THE  OFFICE  OF  THE  STATE  PARK
ADOPT-A-TRAIL STEWARDSHIP PROGRAM. THE OFFICE MAY IMMEDIATELY REMOVE THE
SIGNS AND IT MAY TERMINATE THE AGREEMENT UPON THIRTY DAYS NOTICE, IF  IN
ITS SOLE JUDGMENT IT FINDS AND DETERMINES THAT THE PERSON OR PERSONS ARE
NOT MEETING THE TERMS AND CONDITIONS OF THE AGREEMENT.
  7.  THE  COMMISSIONER  SHALL DETERMINE IN HIS OR HER DISCRETION, WHICH
TRAILS OR PORTIONS THEREOF SHALL BE SPONSORED  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF  THIS  SECTION. NOTHING IN THIS SECTION SHALL REQUIRE THE
COMMISSIONER TO AUTHORIZE THE STEWARDSHIP OF  ANY  PARTICULAR  TRAIL  OR
PORTION THEREOF.
  8. ANY FUNDS DESIGNATED TO FUND THE STEWARDSHIP PROGRAM ESTABLISHED BY
THIS  SECTION  SHALL BE HELD IN THE STATE PARK ADOPT-A-TRAIL STEWARDSHIP
PROGRAM FUND ESTABLISHED  IN  SECTION  NINETY-SEVEN-LLLL  OF  THE  STATE
FINANCE LAW.
  9.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF LAW, THE STATE AND
ITS EMPLOYEES SHALL NOT BE LIABLE FOR DAMAGES SUFFERED BY ANY PERSON  OR

S. 4429                             3                            A. 6441

ORGANIZATION RESULTING FROM THE ACTIONS OR ACTIVITIES OF SUCH VOLUNTEERS
AND VOLUNTEER ORGANIZATIONS.
  S  2. The state finance law is amended by adding a new section 97-llll
to read as follows:
  S 97-LLLL. STATE PARK ADOPT-A-TRAIL  STEWARDSHIP  PROGRAM  FUND.    1.
THERE  IS  HEREBY  ESTABLISHED  IN  THE JOINT CUSTODY OF THE STATE COMP-
TROLLER AND THE COMMISSIONER OF THE  OFFICE  OF  PARKS,  RECREATION  AND
HISTORIC  PRESERVATION  A  SPECIAL  FUND  TO  BE KNOWN AS THE STATE PARK
ADOPT-A-TRAIL STEWARDSHIP PROGRAM FUND.
  2. SUCH FUND SHALL CONSIST OF ALL MONEYS CREDITED OR TRANSFERRED THER-
ETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. MONEYS  IN  THE  FUND
SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS
IN THE CUSTODY OF THE COMPTROLLER.
  3.  MONEYS  OF  THE  FUND MAY BE EXPENDED FOR THE PURPOSES PROVIDED IN
SECTION 3.27 OF THE PARKS,  RECREATION  AND  HISTORIC  PRESERVATION  LAW
ACCORDING  TO THE REQUIREMENTS OF SUCH SECTION. MONEYS SHALL BE PAID OUT
OF THE FUND ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER ON  VOUCH-
ERS  CERTIFIED  OR  APPROVED BY THE COMMISSIONER OF THE OFFICE OF PARKS,
RECREATION AND HISTORIC PRESERVATION.
  4. THE FUND SHALL BE HELD WITHIN THE BUSINESS AND  LICENSING  SERVICES
ACCOUNT AS ESTABLISHED IN SECTION NINETY-SEVEN-Y OF THIS ARTICLE.
  S 3. This act shall take effect on the one hundred twentieth day after
it  shall  have  become a law; provided that, effective immediately, the
commissioner of the office of parks, recreation and  historic  preserva-
tion shall promulgate any rule or regulation necessary for the implemen-
tation of the provisions of this act on or before its effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.