senate Bill S4429B

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:
A6441B
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:S4429B

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--B                                            A. 6441--B

                       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 -- recommitted to the Committee on Cultural Affairs,
  Tourism, Parks and Recreation in accordance with Senate Rule 6, sec. 8
  -- 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, 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  Tour-
  ism,  Parks, Arts and Sports Development -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee -- recommitted to the Committee on Tourism, Parks, Arts and Sports
  Development  in  accordance  with Assembly Rule 3, sec. 2 -- 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10053-05-4

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

  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 PARKS' FRIENDS GROUPS OR OTHER LOCAL COMMU-
NITY NON-PROFIT GROUPS, SUCH AS PARKS' FRIENDS 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.  FOR THE PURPOSES OF
THIS SECTION, "PARKS' FRIENDS GROUPS" ARE GENERALLY DEFINED AS NONPROFIT
ORGANIZATIONS THAT HAVE BEEN DESIGNATED AS 501(C)(3) ORGANIZATIONS UNDER
FEDERAL LAW ESTABLISHED PRIMARILY TO SUPPORT A  SPECIFIC  PARK  AREA  OR
GROUP OF PARKS.
  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; DISPOSING OF  LITTER  AND  TRASH;  ESTABLISHING  OR  MAINTAINING
ACCESS  TO  NATURE  TRAILS;  PROVIDING  INTERPRETIVE SERVICES FOR SCHOOL
GROUPS AND OTHER CITIZENS; LAWN MAINTENANCE AND  TREE  TRIMMING;  PLANT-
INGS,  INSTALLATION,  REPAIR  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 MAY BE INDICATED BY HAVING HIKING  TRAIL  MARKER  SIGNS
THAT  DISPLAY THE NAME OF THE TRAIL SPONSOR. TRAIL SIGNS SHALL BE CIRCU-
LAR AND NOT BE MORE THAN FIVE INCHES IN DIAMETER, UNLESS  DEEMED  NECES-
SARY  TO  BE  LARGER  FOR  SAFETY REASONS OR IF THE SIGN IS AN IMPORTANT
MARKER SUCH AS THE FIRST SIGN OF THE TRAIL.   THE NAME  OF  THE  SPONSOR
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  RESPONSIBLE  FOR  REMOVING  ALL  TRAIL MARKER SIGNS THAT DISPLAY THE
NAME.
  6. THE STEWARDSHIP AGREEMENT MAY BE MODIFIED IN SCOPE  OR  ALTERED  IN
ANY  OTHER MANNER AT THE SOLE DISCRETION OF THE OFFICE, NOT INCONSISTENT

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

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
VIOLATING 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. 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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