S T A T E   O F   N E W   Y O R K
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                                  3604

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M. of A. STEC, GRAF, DUPREY, FINCH, NOJAY -- Multi-Spon-
  sored by -- M. of A.  McDONALD, TENNEY -- read once  and  referred  to
  the Committee on Environmental Conservation

AN  ACT  to  amend  the executive law and the environmental conservation
  law, in relation to development of a permit system to provide disabled
  veterans access to certain restricted bodies of water through the  use
  of float planes

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

  Section 1. Subdivision 3 of section 816 of the executive law is renum-
bered subdivision 4 and a new subdivision 3 is added to read to follows:
  3. THE MASTER PLAN  AND  THE  INDIVIDUAL  MANAGEMENT  PLANS  SHALL  BE
REVIEWED PERIODICALLY AND SHALL BE AMENDED FROM TIME TO TIME PURSUANT TO
SECTION  15-0506  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW, AND WHEN SO
AMENDED SHALL AS AMENDED HENCEFORTH GUIDE THE MANAGEMENT OF STATE  LANDS
IN  THE ADIRONDACK PARK. AMENDMENTS TO THE MASTER PLAN SHALL BE PREPARED
BY THE AGENCY, IN CONSULTATION  WITH  THE  DEPARTMENT  OF  ENVIRONMENTAL
CONSERVATION,  AND  SUBMITTED  AFTER  PUBLIC HEARING TO THE GOVERNOR FOR
APPROVAL.
  S 2. The environmental conservation law is amended  by  adding  a  new
section 15-0506 to read as follows:
S 15-0506. PERMITS  FOR  FLOAT  PLANE  ACCESS  TO BODIES OF WATER IN THE
             ADIRONDACK PARK.
  1. FOR THE PURPOSES OF THIS SECTION THE  FOLLOWING  DEFINITIONS  SHALL
APPLY:
  A. "FLOAT PLANE" SHALL MEAN AN AIRPLANE EQUIPPED WITH FLOATS FOR LAND-
ING ON OR TAKING OFF FROM A BODY OF WATER.
  B.  "AREA" MEANS A WATER BODY UNDER THE JURISDICTION OF THE DEPARTMENT
WHICH PURSUANT TO SECTION EIGHT HUNDRED SIXTEEN  OF  THE  EXECUTIVE  LAW
PROHIBITS FLOAT PLANE ACCESS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06261-01-5

              

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  C.  "CERTIFICATION/CERTIFIED"  MEANS  A SIGNED STATEMENT BY A LICENSED
PHYSICIAN ON A FORM PROVIDED BY THE DEPARTMENT, CERTIFYING THAT A PERSON
HAS ONE OR MORE IMPAIRMENTS, DISABILITIES OR CONDITIONS  AS  DEFINED  IN
PARAGRAPH  F  OF THIS SUBDIVISION WHICH DOCUMENT THE NEED FOR THE PERSON
TO USE A MOTOR VEHICLE, AND THE NATURE, DEGREE AND TERM OF THE DISABILI-
TY. THE CERTIFICATION SHALL SPECIFY THE LENGTH OF TIME DURING WHICH SUCH
CERTIFICATION  IS EFFECTIVE. ALL CERTIFICATIONS MUST BE DATED WITHIN ONE
YEAR PRIOR TO THE DATE OF APPLICATION.
  D. "COMPANION" MEANS A PERSON WHO MAY ACCOMPANY THE  QUALIFIED  PERSON
WITH A DISABILITY AS NECESSARY TO ATTEND TO HIS OR HER NEEDS.
  E.  "PERMIT"  MEANS  A  NONTRANSFERABLE  TEMPORARY REVOCABLE PERMIT AS
AUTHORIZED BY THIS SECTION TO ALLOW THE USE OF  STATE  LANDS  UNDER  THE
JURISDICTION OF THE DEPARTMENT.
  F. "QUALIFIED VETERAN" MEANS A VETERAN AS DEFINED IN THIS SECTION WITH
A DISABILITY WHO:
  (I) CANNOT WALK TWO HUNDRED FEET WITHOUT STOPPING TO REST; OR
  (II)  CANNOT  WALK  WITHOUT  THE  USE OF, OR ASSISTANCE FROM, A BRACE,
CANE, CRUTCH, ANOTHER PERSON, PROSTHETIC DEVICE,  WHEELCHAIR,  OR  OTHER
ASSISTIVE DEVICE; OR
  (III)  IS  RESTRICTED  BY  LUNG  DISEASE  TO  SUCH  AN EXTENT THAT THE
PERSON'S FORCED (RESPIRATORY) EXPIRATORY VOLUME  FOR  ONE  SECOND,  WHEN
MEASURED  BY  SPIROMETRY, IS LESS THAN ONE LITER, OR THE ARTERIAL OXYGEN
TENSION IS LESS THAN SIXTY MM/HG ON ROOM AIR AT REST; OR
  (IV) USES PORTABLE OXYGEN; OR
  (V) HAS A CARDIAC CONDITION TO THE EXTENT THAT THE PERSON'S FUNCTIONAL
LIMITATIONS ARE CLASSIFIED IN SEVERITY AS CLASS III OR CLASS IV, ACCORD-
ING TO STANDARDS SET BY THE AMERICAN HEART ASSOCIATION; OR
  (VI) IS SEVERELY LIMITED IN THEIR ABILITY TO WALK DUE TO AN ARTHRITIC,
NEUROLOGICAL, OR ORTHOPEDIC CONDITION.
  G. "REGIONAL LAND MANAGER"  MEANS  THE  INDIVIDUAL  CHARGED  WITH  THE
ADMINISTRATIVE RESPONSIBILITY FOR THE DEPARTMENT LANDS ON WHICH A QUALI-
FIED PERSON WITH A DISABILITY DESIRES ACCESS.
  H.  "VETERAN"  MEANS  A  PERSON (A) WHO SERVED IN THE ACTIVE MILITARY,
NAVAL, OR AIR SERVICE DURING A PERIOD OF WAR, OR WHO WAS A RECIPIENT  OF
THE  ARMED  FORCES EXPEDITIONARY MEDAL, NAVY EXPEDITIONARY MEDAL, MARINE
CORPS EXPEDITIONARY MEDAL, OR  GLOBAL  WAR  ON  TERRORISM  EXPEDITIONARY
MEDAL,  AND  WHO  WAS  DISCHARGED  OR RELEASED THEREFROM UNDER HONORABLE
CONDITIONS, (B) WHO WAS EMPLOYED BY THE WAR SHIPPING  ADMINISTRATION  OR
OFFICE  OF  DEFENSE  TRANSPORTATION OR THEIR AGENTS AS A MERCHANT SEAMAN
DOCUMENTED BY THE UNITED STATES COAST GUARD OR DEPARTMENT  OF  COMMERCE,
OR  AS  A  CIVIL  SERVANT  EMPLOYED  BY THE UNITED STATES ARMY TRANSPORT
SERVICE (LATER REDESIGNATED AS THE  UNITED  STATES  ARMY  TRANSPORTATION
CORPS,  WATER  DIVISION)  OR  THE  NAVAL TRANSPORTATION SERVICE; AND WHO
SERVED SATISFACTORILY AS A  CREW  MEMBER  DURING  THE  PERIOD  OF  ARMED
CONFLICT,  DECEMBER  SEVENTH,  NINETEEN  HUNDRED  FORTY-ONE,  TO  AUGUST
FIFTEENTH, NINETEEN  HUNDRED  FORTY-FIVE,  ABOARD  MERCHANT  VESSELS  IN
OCEANGOING,  I.E.,  FOREIGN,  INTERCOASTAL, OR COASTWISE SERVICE AS SUCH
TERMS ARE DEFINED UNDER FEDERAL LAW (46 USCA 10301 & 10501) AND  FURTHER
TO  INCLUDE "NEAR FOREIGN" VOYAGES BETWEEN THE UNITED STATES AND CANADA,
MEXICO, OR THE WEST INDIES VIA OCEAN ROUTES, OR PUBLIC VESSELS IN OCEAN-
GOING SERVICE OR FOREIGN WATERS AND WHO HAS RECEIVED  A  CERTIFICATE  OF
RELEASE OR DISCHARGE FROM ACTIVE DUTY AND A DISCHARGE CERTIFICATE, OR AN
HONORABLE SERVICE CERTIFICATE/REPORT OF CASUALTY, FROM THE DEPARTMENT OF
DEFENSE,  (C)  WHO  SERVED  AS  A UNITED STATES CIVILIAN EMPLOYED BY THE
AMERICAN FIELD SERVICE AND SERVED OVERSEAS UNDER  UNITED  STATES  ARMIES
AND UNITED STATES ARMY GROUPS IN WORLD WAR II DURING THE PERIOD OF ARMED

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CONFLICT,  DECEMBER  SEVENTH,  NINETEEN  HUNDRED  FORTY-ONE  THROUGH MAY
EIGHTH, NINETEEN HUNDRED FORTY-FIVE, AND WHO WAS DISCHARGED OR  RELEASED
THEREFROM  UNDER  HONORABLE  CONDITIONS,  OR  (D) WHO SERVED AS A UNITED
STATES  CIVILIAN FLIGHT CREW AND AVIATION GROUND SUPPORT EMPLOYEE OF PAN
AMERICAN WORLD AIRWAYS OR ONE OF ITS SUBSIDIARIES OR ITS AFFILIATES  AND
SERVED  OVERSEAS  AS A RESULT OF PAN AMERICAN'S CONTRACT WITH AIR TRANS-
PORT COMMAND OR NAVAL AIR TRANSPORT SERVICE DURING THE PERIOD  OF  ARMED
CONFLICT, DECEMBER FOURTEENTH, NINETEEN HUNDRED FORTY-ONE THROUGH AUGUST
FOURTEENTH,  NINETEEN  HUNDRED  FORTY-FIVE,  AND  WHO  WAS DISCHARGED OR
RELEASED THEREFROM UNDER HONORABLE CONDITIONS.
  2. THE DEPARTMENT SHALL PROVIDE A QUALIFIED VETERAN ACCESS BY A  FLOAT
PLANE  TO  APPROPRIATE  LANDS  UNDER  ITS  JURISDICTION  CONSISTENT WITH
SECTION ONE OF ARTICLE FOURTEEN OF THE STATE CONSTITUTION.  THE  DEPART-
MENT  SHALL DETERMINE ANNUALLY ON OR BEFORE JANUARY FIRST A MINIMUM FIVE
BODIES OF WATER UNDER THE JURISDICTION OF THE DEPARTMENT WHICH  PROHIBIT
FLOAT  PLANE  ACCESS PURSUANT TO THE MASTER PLAN DEVELOPED IN ACCORDANCE
WITH SECTION EIGHT HUNDRED SIXTEEN OF  THE  EXECUTIVE  LAW,  THAT  SHALL
BECOME  ACCESSIBLE  FOR QUALIFIED DISABLED VETERANS PURSUANT TO A PERMIT
ISSUED UNDER THE PROVISIONS OF THIS SECTION. THE DEPARTMENT,  IN  DETER-
MINING  WHICH BODIES OF WATER TO ALLOW FOR FLOAT PLANE ACCESS UNDER THIS
SECTION, SHALL ENSURE THAT SUCH ACCESS WILL  NOT  ADVERSELY  IMPACT  THE
ENVIRONMENT IN THE FOLLOWING MANNER;
  A.  THE  NATURAL RESOURCES OF THE AREA ABILITY TO SUSTAIN USE BY FLOAT
PLANE;
  B. THE COMPATIBILITY WITH OTHER PUBLIC USE OF THE AREA;
  C. THE SAFETY OF THE OPERATION OF A FLOAT PLANE  AND  THE  ABILITY  TO
PREVENT DANGEROUS CONDITIONS;
  D. A DEMONSTRATION THAT SIGNIFICANT ECOLOGICAL AREAS INCLUDING BUT NOT
LIMITED  TO  THE  FOLLOWING:    EXCEPTIONAL FOREST OR PLANT COMMUNITIES,
SHORELINES, UNIQUE AREAS, WETLANDS,  HABITATS  FOR  RARE  OR  THREATENED
SPECIES,  AND BIOLOGICAL DIVERSITY AREAS POSSESSING UNIQUE, EXEMPLARY OR
SIGNIFICANT NATURAL COMMUNITY REQUIRING SPECIAL PROTECTION, WILL NOT  BE
ADVERSELY AFFECTED BY THE OPERATION OF A FLOAT PLANE CONSISTENT WITH THE
PROVISIONS OF THIS SECTION.
  3.  A  QUALIFIED DISABLED VETERAN MAY OBTAIN A PERMIT FOR THE USE OF A
FLOAT PLANE ON DESIGNATED BODIES OF WATER PURSUANT TO THIS  SUBDIVISION.
SUCH  PERMIT  WILL AUTHORIZE TRAVEL BY A FLOAT PLANE TO AREAS DESIGNATED
IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION.
  A. THE APPLICANT MUST  PRESENT  CERTIFICATION  OF  HIS/HER  QUALIFYING
DISABILITY  UPON APPLICATION, UNLESS THE PERSON HAS AN OBVIOUS, VISUALLY
IDENTIFIABLE PERMANENT QUALIFYING DISABILITY, OR THE APPLICANT  PRESENTS
A NON-AMBULATORY HUNTER PERMIT.
  B.  THE  APPLICANT MUST SUBMIT A COMPLETED APPLICATION TO ANY REGIONAL
OFFICE OF THE DEPARTMENT IN WHICH A DESIGNATED BODY OF WATER IS LOCATED.
  C. THE PERMIT SHALL SPECIFY THE AUTHORIZATION FOR UP TO THREE  COMPAN-
IONS  TO  ACCOMPANY THE QUALIFIED PERSON WITH A DISABILITY, IF HE OR SHE
CHOOSES TO BE SO ACCOMPANIED. THE PERMIT SHALL SPECIFY  THAT  ACCESS  IS
LIMITED  TO  DESIGNATED  AND SPECIFICALLY IDENTIFIED WATER BODIES WITHIN
THE ADIRONDACK PARK.
  D. THE APPLICATION PACKAGE SHALL BE  PROCESSED  IN  THE  REGION  AS  A
ROUTINE PERMIT, WITH A TEN WORKDAY MAXIMUM PROCESSING TIME.
  E.  THE  PERMIT  MAY  BE ISSUED FOR ANY TIME PERIOD, NOT TO EXCEED ONE
YEAR FROM DATE OF ISSUE, EXCEPT THAT A PERMIT MAY BE ISSUED FOR A PERIOD
OF FIVE YEARS TO A QUALIFIED VETERAN WITH A DISABILITY EITHER  CERTIFIED
OR VISUALLY OBVIOUS AS PERMANENT.

A. 3604                             4

  F.  THE  PERMIT  MAY  BE  RENEWED WITHOUT RECERTIFYING THE DISABILITY,
PROVIDED THAT THE REQUEST FOR RENEWAL IS WITHIN THE TERM OF THE DISABIL-
ITY AS DESCRIBED IN THE ORIGINAL CERTIFICATION.
  G.  THE  DEPARTMENT  WILL ASSURE THAT RENEWAL APPLICATIONS ARE SENT TO
PERMITTEES, OTHER THAN THOSE WITH A PERMANENT DISABILITY.  THE  REMINDER
NOTICE  WILL  INCLUDE  A  QUESTIONNAIRE TO SURVEY THE EFFICIENCY OF THIS
PERMIT SYSTEM. QUESTIONNAIRES WILL  ALSO  BE  SENT  ROUTINELY  TO  THOSE
PERSONS WITH A FIVE-YEAR PERMIT.
  4.  A.  THE  DEPARTMENT SHALL DENY THE APPLICATION FOR A PERMIT IF THE
APPLICANT DOES NOT MEET THE QUALIFYING REQUIREMENTS. THE  APPLICANT  MAY
REAPPLY  AT  ANY  TIME, ONCE THE CONDITIONS FOR RECEIVING THE PERMIT ARE
MET.
  B. THE APPLICANT MAY APPEAL THE DENIAL OF A  PERMIT  TO  THE  REGIONAL
SUPERVISOR  OF  NATURAL RESOURCES FOR THE REGION IN WHICH THE PERMIT WAS
ISSUED WITHIN THIRTY WORKDAYS OF THE DATE OF NOTIFICATION OF DENIAL.  IF
REQUESTED BY THE APPLICANT, THE REGIONAL SUPERVISOR OF NATURAL RESOURCES
WILL  SCHEDULE  A  MEETING  BETWEEN  THE APPLICANT AND THE REGIONAL LAND
MANAGER. THE REGIONAL SUPERVISOR OF NATURAL  RESOURCES  SHALL  RENDER  A
DECISION  WITHIN  TEN  WORKDAYS  OF RECEIPT OF THE APPLICANT'S APPEAL OR
FROM THE DATE OF THE MEETING. THE APPLICANT MAY APPEAL THE  DECISION  OF
THE  REGIONAL  SUPERVISOR  OF NATURAL RESOURCES TO THE REGIONAL DIRECTOR
WITHIN THIRTY WORKDAYS OF THE SECOND DENIAL. THE REGIONAL DIRECTOR  WILL
ISSUE A FINAL DECISION WITHIN FIFTEEN WORKDAYS OF RECEIPT OF THE APPEAL.
  5.  A.  A  PERMIT  MAY  BE SUSPENDED OR REVOKED AT ANY TIME DURING THE
DURATION OF THE PERMIT IF THE CONDITIONS OF THE PERMIT ARE NOT MET,  THE
PERMITTEE  AND/OR  A COMPANION IS IN VIOLATION OF ANY PROVISIONS OF THIS
SECTION OR OF ANY RULE OR REGULATION PROMULGATED BY  THE  DEPARTMENT  OR
THE  ADIRONDACK PARK AGENCY OR ANY OTHER RELEVANT STATE OR FEDERAL LAWS.
FOR MINOR VIOLATIONS, THE REGIONAL LAND MANAGER WILL FOLLOW  THE  PROCE-
DURES  FOR  THE  SUSPENSION  OF  A PERMIT, AS DESCRIBED IN THIS SECTION.
HOWEVER, FOR MAJOR VIOLATIONS, THE REGIONAL LAND MANAGER MAY REVOKE  THE
PERMIT  IMMEDIATELY.  THE PERMITTEE MAY APPEAL THE REVOCATION, FOLLOWING
THE PROCEDURE FOR APPEALING A REVOCATION.
  B. THE PERMIT HOLDER SHALL BE GIVEN NOTICE OF  PENDING  SUSPENSION  BY
CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND SHALL BE ALLOWED TEN WORK-
DAYS  FROM DATE OF RECEIPT TO CONFORM TO THE CONDITIONS OR PROVISIONS OF
THE PERMIT. HOWEVER, IF THE SITUATION FOR COMPLIANCE IS DEEMED  CRITICAL
BY  THE  REGIONAL  LAND  MANAGER,  HE OR SHE MAY IMMEDIATELY SUSPEND THE
PERMIT. IF THE PERMIT IS SUSPENDED, NOTICE SHALL  ALSO  BE  GIVEN  THAT,
UNLESS  THE  CONDITIONS  OR PROVISIONS OF THE PERMIT ARE ADHERED TO, THE
PERMIT SHALL BE REVOKED AT THE END OF THE TEN-WORKDAY SUSPENSION PERIOD.
  C. THE REGIONAL LAND MANAGER SHALL INITIATE THE PROCEDURE  TO  SUSPEND
THE  PERMIT,  PREPARING A MEMORANDUM CITING THE REASON FOR SUSPENSION TO
THE REGIONAL SUPERVISOR OF NATURAL RESOURCES. THE REGIONAL SUPERVISOR OF
NATURAL RESOURCES SHALL NOTIFY THE PERMITTEE IN WRITING OF THE IMPENDING
SUSPENSION, THE REASON OR REASONS  JUSTIFYING  THE  SUSPENSION  AND  THE
REQUIREMENT OR REQUIREMENTS TO RECTIFY THE SITUATION.
  D.  IF  A  PERMITTEE  FAILS  TO COMPLY WITH THE CONDITIONS TO LIFT THE
SUSPENSION, THE REGIONAL SUPERVISOR OF NATURAL RESOURCES  SHALL  PROCEED
WITH NOTIFICATION OF THE REVOCATION OF THE PERMIT.
  E.  A  PERMITTEE MAY APPEAL THE REVOCATION OF A PERMIT TO THE REGIONAL
SUPERVISOR OF NATURAL RESOURCES FOR THE REGION IN WHICH THE  PERMIT  WAS
ISSUED  WITHIN THIRTY WORKDAYS OF THE DATE OF NOTIFICATION. IF REQUESTED
BY A PERMITTEE, THE REGIONAL SUPERVISOR OF NATURAL RESOURCES WILL SCHED-
ULE A MEETING BETWEEN THE PERMITTEE AND THE REGIONAL LAND  MANAGER.  THE
REGIONAL  SUPERVISOR OF NATURAL RESOURCES SHALL RENDER A DECISION WITHIN

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TEN WORKDAYS OF RECEIPT OF THE PERMITTEE'S APPEAL OR FROM  THE  DATE  OF
THE  MEETING.  THE  PERMITTEE  MAY  APPEAL  THE DECISION OF THE REGIONAL
SUPERVISOR OF NATURAL RESOURCES TO THE REGIONAL DIRECTOR WITHIN  FIFTEEN
WORKDAYS OF THE DENIAL OF THE APPEAL. THE REGIONAL DIRECTOR WILL ISSUE A
FINAL DECISION WITHIN FIFTEEN WORKDAYS OF RECEIPT OF THE APPEAL.
  F.  A  PERMITTEE  SHALL NOT BE AUTHORIZED TO USE THE PERMIT DURING THE
TERM OF THE SUSPENSION, REVOCATION OR APPEAL PROCESS.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.