senate Bill S4429A

Amended

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

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Bill Status


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

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Bill Details

See Assembly Version of this Bill:
A6441A
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:S4429A

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, 97-1111
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                                            A. 6441--A

                       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 Sens. SERRANO, ADDABBO, SAMPSON -- read twice
  and ordered printed, 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 committee

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, JACOBS,  P. LOPEZ,
  LUPINACCI,  McDONALD, McDONOUGH, QUART, SCHIMMINGER, SOLAGES, SWEENEY,
  TITONE, TITUS, WEISENBERG -- read once and referred to  the  Committee
  on   Tourism,   Parks,   Arts  and  Sports  Development  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10053-03-3

S. 4429--A                          2                         A. 6441--A

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.
  2.  THE  STEWARDSHIP  AGREEMENT  SHALL  PROVIDE THAT THE TRAIL AREA BE
PRESERVED AND MAINTAINED IN ITS NATURAL, CULTURAL AND  HISTORICAL  STATE
OR  MANAGED  TO ENHANCE OR RESTORE THE NATURAL, CULTURAL, HISTORICAL AND
HERITAGE 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 TRIMMING,  PLANT-
INGS, 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, CULTURAL AND  HISTORICAL  SENSITIVITY,  NEED,  COST,  AND  OTHER
FACTORS  DEEMED  RELEVANT IN DETERMINING WHICH TRAIL AREAS OR ACTIVITIES
MAY BE ELIGIBLE OR APPROPRIATE 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.   UPON THE  EXPIRATION
OF A TEMPORARY SPONSORSHIP AGREEMENT, THE TRAIL SPONSOR SHALL BE RESPON-
SIBLE  FOR REMOVING ALL TRAIL MARKER SIGNS THAT DISPLAY AN ADVERTISEMENT
FROM THE TRAIL SPONSOR.
  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

S. 4429--A                          3                         A. 6441--A

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
ORGANIZATION RESULTING FROM THE ACTIONS OR ACTIVITIES OF SUCH VOLUNTEERS
AND VOLUNTEER ORGANIZATIONS.
  10. NO AGREEMENT ENTERED INTO PURSUANT TO THE STATE PARK ADOPT-A-TRAIL
STEWARDSHIP  PROGRAM  SHALL  RESULT IN THE DISPLACEMENT OF ANY CURRENTLY
EMPLOYED WORKER OR THE LOSS OF POSITION, INCLUDING THE PARTIAL DISPLACE-
MENT SUCH AS REDUCTION IN THE HOURS  OF  NON-OVERTIME  LABOR,  WAGES  OR
EMPLOYMENT  BENEFITS, OR RESULT IN THE IMPAIRMENT OF EXISTING COLLECTIVE
BARGAINING AGREEMENTS.
  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.

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