A. 3695 2
process exists for the gathering of data, the identification, analysis,
and documentation of trends, and the identification of problems regard-
ing the condition of the natural and cultural state park resources, no
comprehensive program exists to prevent and reverse the degradation of
such resources and no comprehensive interpretive or educational program
exists for visitors to our resource based state parks.
The legislature further finds that municipal parks also face major
threats to their natural and cultural resources and major demands for
maintaining recreational facilities.
Therefore, it is the purpose of this legislature to enact a comprehen-
sive program to protect and enhance parks in the state of New York.
S 2. Short title. This act shall be known and may be cited as the "New
York omnibus park act".
S 3. The parks, recreation and historic preservation law is amended by
adding a new article 4 to read as follows:
ARTICLE 4
NEW YORK STATE PARK SYSTEM
SECTION 4.01 STATE PARK SYSTEM.
4.03 LAND CLASSIFICATION.
4.05 MANAGEMENT PLANS.
4.07 STEWARDSHIP REPORTS.
4.09 STATE PROGRAM REVIEW.
4.11 PERSONNEL.
4.13 INTERPRETIVE SERVICES.
4.15 PLANNING; GRANTS.
4.17 ADDITIONS TO THE SYSTEM.
4.19 MAINTENANCE MANAGEMENT SYSTEM.
4.21 PARKWAYS.
S 4.01 STATE PARK SYSTEM. THE LEGISLATURE DECLARES THAT THE NATURAL
AND CULTURAL STATE PARK RESOURCES, WHICH BEGAN WITH THE ESTABLISHMENT OF
THE NIAGARA RESERVATION IN EIGHTEEN HUNDRED EIGHTY-FIVE, HAVE GROWN TO
INCLUDE SUPERLATIVE NATURAL, HISTORIC AND RECREATIONAL AREAS IN EVERY
REGION OF THE STATE; THAT THESE AREAS, THOUGH DISTINCT IN CHARACTER, ARE
UNITED THROUGH THESE INTERRELATED PURPOSES AND RESOURCES INTO ONE STATE
PARK SYSTEM AS A CUMULATIVE EXPRESSION OF A SINGLE HERITAGE; THAT, INDI-
VIDUALLY AND COLLECTIVELY, THESE AREAS DESERVE INCREASED DIGNITY AND
RECOGNITION OF THEIR SUPERB ENVIRONMENTAL QUALITY AND RECREATIONAL
POTENTIAL THROUGH THEIR INCLUSION JOINTLY AND WITH EACH OTHER IN ONE
STATE PARK SYSTEM PRESERVED AND MANAGED FOR THE BENEFIT AND INSPIRATION
OF ALL THE PEOPLE OF THE STATE. THEREFORE, ANY AREA OF LAND AND WATER
ADMINISTERED BY THE COMMISSIONER FOR PARK, HISTORIC, PARKWAY, RECRE-
ATIONAL OR OTHER PURPOSES SHALL BE DEEMED TO BE A PART OF THE STATE PARK
SYSTEM HEREBY FORMALLY CREATED. STATE MANAGEMENT OF COOPERATIVE PARKS
INCLUDING STATE DESIGNATED HERITAGE AREAS SHALL BE FULLY COORDINATED
WITH THE STATE PARK SYSTEM. THE ADMINISTRATION OF NATURAL AREAS IN THE
STATE PARK SYSTEM SHALL, TO THE FULLEST EXTENT PRACTICABLE, PROVIDE FOR
THE INTERPLAY OF FORCES AND PROCESSES OF NATURAL GEOLOGICAL CHANGE AND
ECOLOGICAL SUCCESSION. THE ADMINISTRATION OF ALL AREAS SHALL BE
CONDUCTED IN THE LIGHT OF HIGH PUBLIC VALUE AND THE INTEGRITY OF THE
STATE PARK SYSTEM AND SHALL NOT BE EXERCISED IN DEROGATION OF THE VALUES
AND PURPOSES FOR WHICH THESE VARIOUS AREAS HAVE BEEN ESTABLISHED.
S 4.03 LAND CLASSIFICATION. THE COMMISSIONER SHALL PROMULGATE RULES
AND REGULATIONS ESTABLISHING A LAND CLASSIFICATION SYSTEM FOR THE PRES-
ERVATION AND USE OF ALL AREAS OR UNITS WITHIN THE STATE PARK SYSTEM.
CLASSIFICATIONS SHALL BE IDENTIFIED IN ORDER TO FOSTER THE GOAL OF
PROTECTION OF PARK RESOURCES, APPROPRIATELY BALANCED WITH THE USE AND
A. 3695 3
APPRECIATION OF THOSE RESOURCES BY VISITORS. ONE CLASSIFICATION SHALL
BE FOR MAXIMUM RESOURCE PROTECTION WHERE RESTRICTED USE MAY BE NECESSARY
TO PROTECT SENSITIVE ECOLOGICAL SYSTEMS AND CULTURAL AREAS OR RESOURCES
OF SPECIAL VALUE FOR RESEARCH, SCIENTIFIC OR RELATED PURPOSES. EACH
CLASSIFICATION SHALL INCLUDE A STATEMENT OF APPROPRIATE PROTECTION STAN-
DARDS.
S 4.05 MANAGEMENT PLANS. A MANAGEMENT PLAN FOR THE PRESERVATION AND
USE OF EACH AREA OR UNIT OF THE STATE PARK SYSTEM, INCLUDING HISTORIC
SITES, SHALL BE PREPARED AND REVISED IN A TIMELY MANNER BY THE COMMIS-
SIONER IN CONSULTATION WITH THE REGIONAL PARK, RECREATION AND HISTORIC
PRESERVATION COMMISSION WHERE THE AREA OR UNIT IS LOCATED AND THE STATE
BOARD FOR HISTORIC PRESERVATION FOR HISTORIC SITES. ALL EXISTING AREAS
OR UNITS UPON THE EFFECTIVE DATE OF THIS SECTION SHALL HAVE A MANAGEMENT
PLAN COMPLETED WITHIN TEN YEARS OF SUCH DATE. ON OR BEFORE MARCH FIRST
OF EACH YEAR, THE COMMISSIONER SHALL SUBMIT TO THE LEGISLATURE A LIST
INDICATING THE CURRENT STATUS OF COMPLETION OR REVISIONS OF MANAGEMENT
PLANS FOR EACH AREA OR UNIT OF THE STATE PARK SYSTEM. MANAGEMENT PLANS
SHALL INCLUDE BUT NOT BE LIMITED TO:
1. A STATEMENT OF THE PRESERVATION AND USE OBJECTIVES FOR THE AREA OR
UNIT CONSISTENT WITH CLASSIFICATIONS PURSUANT TO SECTION 4.03 OF THIS
ARTICLE;
2. A RESOURCE MANAGEMENT ELEMENT INCLUDING:
(A) AN HISTORICAL OVERVIEW OF THE PAST COMPOSITION, TREATMENT AND
CONDITION OF THE RESOURCES;
(B) AN INVENTORY OF SIGNIFICANT RESOURCES AND THEIR CURRENT CONDITION,
PREPARED IN ACCORDANCE WITH ACCEPTABLE SCIENTIFIC BASELINE DATA
COLLECTION METHODS;
(C) AN IDENTIFICATION OF CURRENT AND POTENTIAL PROBLEMS, EMANATING
FROM SOURCES BOTH INSIDE AND OUTSIDE PARK UNIT BOUNDARIES, ASSOCIATED
WITH THE PROTECTION AND MANAGEMENT OF THE RESOURCES; AND
(D) A COMPREHENSIVE, DETAILED PROGRAM OF PROPOSED ACTIONS TO BE TAKEN
TO PREVENT OR REVERSE THE DEGRADATION OF THE NATURAL AND CULTURAL
RESOURCES OF THE AREA OR UNIT, INCLUDING A PROPOSED SCHEDULE OF ACTIONS
TO BE INITIATED AND THE ESTIMATED COSTS TO COMPLETE SUCH ACTIONS;
3. INDICATIONS OF TYPES AND GENERAL INTENSITIES OF DEVELOPMENT
(INCLUDING VISITOR CIRCULATION AND TRANSPORTATION PATTERNS, SYSTEMS AND
MODES) ASSOCIATED WITH PUBLIC ENJOYMENT AND USE OF THE AREA OR UNIT,
INCLUDING GENERAL LOCATIONS, TIMING OF IMPLEMENTATION AND ANTICIPATED
COSTS;
4. IDENTIFICATION OF VISITOR CARRYING CAPACITIES FOR THE AREA OR UNIT
OF STEPS TO BE TAKEN TO SEE THEY ARE NOT EXCEEDED;
5. INDICATIONS OF POTENTIAL MODIFICATIONS TO THE EXTERNAL BOUNDARIES
OF THE AREA OR UNIT, AND THE REASONS THEREFOR; AND
6. A WORK PROGRAM BUDGET FOR THE MAINTENANCE NEEDS OF THE AREA OR
UNIT.
S 4.07 STEWARDSHIP REPORTS. 1. THE COMMISSIONER SHALL UNDERTAKE A
CONTINUING PROGRAM OF DATA COLLECTION, RESEARCH, MONITORING, ANALYSIS
AND DOCUMENTATION AS TO CONDITIONS, FACTORS AND FORCES WHICH ARE DEGRAD-
ING OR THREATENING TO DEGRADE THE NATURAL AND CULTURAL RESOURCES OF THE
STATE PARK SYSTEM AND SHALL PREPARE A BIENNIAL STEWARDSHIP REPORT. SUCH
REPORT SHALL CONSTITUTE DOCUMENTATION OF THE CONDITION OF PARK
RESOURCES, INCLUDING PROBLEMS RELATED TO THEIR DEGRADATION AND SOLUTIONS
TO SUCH PROBLEMS. THE FIRST REPORT SHALL BE TRANSMITTED ON OR BEFORE
JANUARY FIRST, TWO THOUSAND ELEVEN (AND BY JANUARY FIRST OF EACH EVEN
NUMBERED YEAR THEREAFTER), BY THE COMMISSIONER TO THE SPEAKER OF THE
ASSEMBLY AND TEMPORARY PRESIDENT OF THE SENATE FOR REFERRAL TO AND
A. 3695 4
CONSIDERATION BY THE APPROPRIATE LEGISLATIVE COMMITTEES OF THE LEGISLA-
TURE. SUCCESSIVE REPORTS SHALL UPDATE PREVIOUS SUBMISSIONS. THE REPORT
SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, THE FOLLOWING MAJOR COMPO-
NENTS:
(A) A BRIEF DESCRIPTION, FOR EACH INDIVIDUAL AREA OR UNIT OF THE STATE
PARK SYSTEM, OF:
(1) THE PAST, CURRENT AND PROJECTED CONDITION OF THE AREA'S OR UNIT'S
NATURAL AND CULTURAL RESOURCES;
(2) THE IMPACT FROM IDENTIFIED FACTORS AND FORCES, RANKED IN ORDER OF
PRIORITY, EMANATING FROM BOTH INSIDE AND OUTSIDE THE AREA OR UNIT, WHICH
DAMAGE OR THREATEN TO DAMAGE THE WELFARE AND INTEGRITY OF THE AREA'S OR
UNIT'S NATURAL AND CULTURAL RESOURCES, WITH IDENTIFICATION OF THE TRENDS
AND THE SEVERITY OF IMPACT OF SUCH FACTORS AND FORCES;
(3) ONGOING AND PLANNED PROTECTION AND MANAGEMENT ACTIONS, INCLUDING
SPECIFIC RESEARCH PROGRAMS, WITH REGARD TO SUBPARAGRAPHS ONE AND TWO OF
THIS PARAGRAPH; AND
(4) THE ACCOMPLISHMENTS AND RESULTS OF THE ACTIONS UNDERTAKEN IN
ACCORDANCE WITH SUBPARAGRAPH THREE OF THIS PARAGRAPH;
(B) A DESCRIPTION AND ASSESSMENT OF THE SYSTEMWIDE EFFORTS TO ADDRESS
THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION, WHICH ASSESSMENT
SHALL INCLUDE A LIST OF ALL PERSONNEL POSITIONS SYSTEMWIDE ASSIGNED TO
DIRECT RESOURCE PROTECTION, RESOURCE MANAGEMENT ACTIVITIES OR RESEARCH,
AND AN ASSESSMENT OF THE EFFECTIVENESS AND ADEQUACY OF THESE PERSONNEL
IN MEETING RESOURCE MANAGEMENT OBJECTIVES;
(C) A DETAILED AND SPECIFIC DISCUSSION OF CONTINUING, NEWLY IMPLE-
MENTED AND/OR RECOMMENDED SYSTEMWIDE POLICIES, PLANS, PROGRAMS, ACTIONS,
COMMITMENTS AND ACCOMPLISHMENTS FOR BOTH THE DIRECT MANAGEMENT ACTIONS
AND THE RESEARCH PROGRAMS OF THE OFFICE RELATING TO THE PREVENTION AND
REVERSAL OF FACTORS AND FORCES WHICH ARE ALTERING OR DAMAGING, OR
THREATENING TO ALTER OR DAMAGE, THE WELFARE AND INTEGRITY OF NATURAL AND
CULTURAL PARK RESOURCES, WHICH DISCUSSION SHALL INCLUDE, BUT NOT BE
LIMITED TO:
(1) MANAGEMENT POLICIES, DIRECTIONS AND PRIORITIES;
(2) ACCOMPLISHMENTS IN AND PROGRESS TOWARD RESOLVING SPECIFIC PROBLEMS
DESCRIBED IN THE CURRENT AND THE PREVIOUS STEWARDSHIP REPORT;
(3) CONTINUING RESEARCH PROJECTS;
(4) NEW ADMINISTRATION AND RESEARCH PROPOSALS FOR PARK PROTECTION AND
RESOURCE MANAGEMENT PROGRAMS;
(5) AN ITEMIZED ESTIMATE OF THE FUNDING REQUIRED FOR THE FOLLOWING TWO
FISCAL YEARS TO CARRY OUT BOTH THE CONTINUING AND THE NEW MANAGEMENT
ACTIONS AND RESEARCH PROGRAMS;
(6) LEGAL AUTHORITY AVAILABLE FOR ADDRESSING DAMAGE AND THREATS
EMANATING FROM OUTSIDE UNIT BOUNDARIES, THE EFFECTIVENESS OF THAT
AUTHORITY IN PREVENTING DAMAGE TO THE NATURAL AND CULTURAL RESOURCES,
AND SUGGESTIONS FOR NEW AUTHORITY WHICH MAY PROMOTE RESOURCE PROTECTION;
AND
(7) THE PROGRESS IN MEETING THE OBJECTIVES OF THIS ARTICLE;
(D) A DISCUSSION OF THE ADEQUACY OF PAST AND PRESENT APPROPRIATIONS IN
ADDRESSING PROTECTION AND RESOURCE MANAGEMENT PROGRAMS; AND
(E) A DETERMINATION AND EXPLANATION OF FUNDING NEEDS FOR FULFILLING
THE MANDATES OF THIS SECTION.
2. IN THE PREPARATION OF THE STEWARDSHIP REPORT, THE OFFICE SHALL TAKE
APPROPRIATE STEPS TO SOLICIT PUBLIC INVOLVEMENT. A PRELIMINARY DRAFT OF
THE REPORT SHALL BE MADE AVAILABLE TO THE PUBLIC FOR A PERIOD OF THIRTY
DAYS FOR REVIEW AND COMMENT NO LESS THAN THREE MONTHS BEFORE THE FINAL
REPORT IS DUE FOR SUBMISSION TO THE LEGISLATURE. NOTICE OF THE AVAIL-
A. 3695 5
ABILITY OF SUCH DRAFT FOR PUBLIC REVIEW AND COMMENT SHALL BE PUBLISHED
IN THE STATE REGISTER. A SUMMARY OF PUBLIC COMMENTS RECEIVED SHALL BE
TRANSMITTED WITH THE STEWARDSHIP REPORT.
S 4.09 STATE PROGRAM REVIEW. 1. AS EARLY IN THE PLANNING PROCESS AS
MAY BE PRACTICABLE AND PRIOR TO THE PREPARATION OR APPROVAL OF THE FINAL
DESIGN OR PLAN OF ANY PROJECT UNDERTAKEN BY A STATE AGENCY, OR PRIOR TO
THE FUNDING OF ANY PROJECT BY A STATE AGENCY OR PRIOR TO AN ACTION OF
APPROVAL OR ENTITLEMENT OF ANY PRIVATE PROJECT BY A STATE AGENCY, THE
AGENCY SHALL GIVE NOTICE, WITH SUFFICIENT DOCUMENTATION, TO AND CONSULT
WITH THE COMMISSIONER CONCERNING THE IMPACT OF THE PROJECT IF IT APPEARS
THAT ANY ASPECT OF THE PROJECT MAY OR WILL CAUSE ANY CHANGE, BENEFICIAL
OR ADVERSE, IN THE QUALITY OF ANY NATURAL OR CULTURAL RESOURCE ASSOCI-
ATED WITH ANY AREA OR UNIT OF THE STATE PARK SYSTEM. GENERALLY, ADVERSE
IMPACTS OCCUR UNDER CONDITIONS WHICH INCLUDE BUT ARE NOT LIMITED TO (A)
DESTRUCTION OR ALTERNATION OF ALL OR PART OF THE RESOURCE; (B) ISOLATION
OR ALTERATION OF ITS SURROUNDING ENVIRONMENT; AND (C) INTRODUCTION OF
VISUAL, AUDIBLE OR ATMOSPHERIC ELEMENTS THAT ARE OUT OF CHARACTER WITH
THE AREA OR UNIT OR ALTER ITS SETTING. EVERY AGENCY SHALL FULLY EXPLORE
ALL FEASIBLE AND PRUDENT ALTERNATIVES AND GIVE DUE CONSIDERATION TO
FEASIBLE AND PRUDENT PLANS WHICH AVOID OR MITIGATE ADVERSE IMPACTS ON
SUCH RESOURCE. IN THE EVENT THAT THE AGENCY HAS FILED OR WILL FILE WITH
THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, WITH RESPECT TO THAT
CONTEMPLATED PROJECT, A DRAFT ENVIRONMENTAL IMPACT STATEMENT PURSUANT TO
THE PROVISIONS OF ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW,
IT SHALL PROVIDE A COPY THEREOF TO THE COMMISSIONER AND SHALL ALSO
SUPPLY SUCH FURTHER INFORMATION AS THE COMMISSIONER MAY REQUEST. THIS
SECTION SHALL NOT APPLY TO A STATE PROJECT THAT IS NECESSARY TO PREVENT
AN IMMEDIATE AND IMMINENT THREAT TO LIFE OR PROPERTY.
2. THE COMMISSIONER SHALL UNDERTAKE A REVIEW AND MAKE COMMENT WITHIN
THIRTY DAYS OF RECEIPT OF NOTICE, WITH SUFFICIENT DOCUMENTATION, OF A
PROPOSED PROJECT AS TO WHETHER OR NOT SUCH PROPOSED PROJECT MAY HAVE AN
ADVERSE IMPACT ON ANY RESOURCE OF AN AREA OR UNIT OF THE STATE PARK
SYSTEM. THE COMMENT SHALL BE PUT ON FILE AND SHALL BE AVAILABLE TO THE
PUBLIC ON REQUEST. IF IT IS DETERMINED THAT A PROJECT MAY HAVE AN
ADVERSE IMPACT ON SUCH RESOURCE, THE COMMISSIONER SHALL SO NOTIFY THE
AGENCY IN WRITING. UPON RECEIPT OF SUCH NOTIFICATION FROM THE COMMIS-
SIONER, THE AGENCY SHALL IMMEDIATELY CONTACT THE COMMISSIONER FOR THE
PURPOSE OF EXPLORING ALTERNATIVES WHICH WOULD AVOID OR MITIGATE ADVERSE
IMPACTS TO SUCH RESOURCE CONSISTENT WITH THE POLICY AND PROVISIONS OF
THIS ARTICLE. TO THE FULLEST EXTENT PRACTICABLE, IT IS THE RESPONSIBIL-
ITY OF EVERY STATE AGENCY, CONSISTENT WITH OTHER PROVISIONS OF LAW, TO
AVOID OR MITIGATE ADVERSE IMPACTS TO RESOURCES OF AN AREA OR UNIT OF THE
STATE PARK SYSTEM. IN ORDER TO AVOID INCONSISTENCY OR DUPLICATION IN
REVIEW FUNCTIONS, THE COMMISSIONER SHALL ESTABLISH PROCEDURES IN ACCORD-
ANCE WITH OTHER PROVISIONS OF THIS SECTION WHEREBY REVIEWS CONDUCTED
UNDER THIS SECTION ARE COORDINATED WITH THE REVIEWS OF PROJECT OR PLAN
PROPOSALS UNDER OTHER PROVISION OF LAW AND REGULATION. WHEN A PROJECT IS
BEING REVIEWED PURSUANT TO SECTION 14.09 OF THIS CHAPTER, THE PROCEDURES
OF THIS SECTION SHALL NOT APPLY TO THE EXTENT THE PROCEDURES OF SUCH
SECTION 14.09 ARE IMPLEMENTED. THE COMMISSIONER SHALL ISSUE AN ANNUAL
REPORT OUTLINING STATE AGENCY ACTIONS ON WHICH COMMENT HAD BEEN
REQUESTED OR ISSUED UNDER THIS SECTION. PROPOSED ALTERNATIVES AND
RESULTS OF THE REVIEW PROCESS SHALL BE INCLUDED IN SAID ANNUAL REPORT.
S 4.11 PERSONNEL. THE COMMISSIONER SHALL PROMPTLY AND CONTINUALLY TAKE
ACTIONS, CONSISTENT WITH THE PROVISIONS OF THE CIVIL SERVICE LAW, TO
ASSURE THAT THE STAFFING OF THE STATE PARK SERVICE PROVIDES FOR AN
A. 3695 6
ADEQUATE NUMBER AND DISTRIBUTION OF PERSONNEL WITH SUFFICIENT SCIENTIFIC
AND PROFESSIONAL KNOWLEDGE AND EXPERTISE TO PROVIDE FOR THE PROTECTION
AND MANAGEMENT OF THE NATURAL AND CULTURAL RESOURCES. SCIENTIFIC
RESEARCH SHALL BE DIRECTED TO THE RESOURCE PROTECTION AND MANAGEMENT
NEEDS OF THE PARK SYSTEM AREAS OR UNITS. PROGRAMS, GUIDELINES AND STAN-
DARDS FOR THE FOLLOWING SHALL BE UNDER DEVELOPMENT BY NO LATER THAN
JANUARY FIRST, TWO THOUSAND EIGHT, AND COMPLETED NO LATER THAN JANUARY
FIRST, TWO THOUSAND ELEVEN:
1. EMPLOYEE TRAINING PROGRAMS IN RESOURCE PROTECTION AND RESOURCE
MANAGEMENT;
2. PERFORMANCE STANDARDS FOR ALL EMPLOYEES AS RELATED TO RESOURCE
PROTECTION AND RESOURCE MANAGEMENT;
3. QUALIFICATION CRITERIA RELATED TO RESOURCE PROTECTION AND RESOURCE
MANAGEMENT FOR POSITIONS TO BE FILLED BY NEW EMPLOYEES; AND
4. CAREER LADDERS FOR EMPLOYEES SPECIALIZING IN RESOURCE PROTECTION
AND RESOURCE MANAGEMENT, WITH EQUITABLE PROMOTION OPPORTUNITIES FOR
ADVANCEMENT INTO MID-LEVEL AND SENIOR GENERAL MANAGEMENT POSITIONS.
S 4.13 INTERPRETIVE SERVICES. THE LEGISLATURE DECLARES THAT THE
PURPOSES OF THE STATE PARK SYSTEM INCLUDE PUBLIC UNDERSTANDING OF THE
NATURAL AND CULTURAL RESOURCES. THE COMMISSIONER SHALL PREPARE AND
IMPLEMENT A SYSTEMWIDE PROGRAM OF INTERPRETIVE SERVICES OFFERING, TO THE
FULLEST EXTENT PRACTICABLE, AN OPPORTUNITY FOR ALL VISITORS TO AREAS OR
UNITS OF THE STATE PARK SYSTEM TO PARTICIPATE IN PROGRAMS AND ACTIVITIES
UNDER THE SUPERVISION OF TRAINED PERSONNEL THAT PRESENT INFORMATION ON
THE NATURAL PHENOMENA AND/OR CULTURAL HISTORY OF THE AREA OR UNIT VISIT-
ED. THE COMMISSIONER SHALL ALSO INITIATE AND SHALL CONTINUE TO DEVELOP,
A PUBLIC INFORMATION PROGRAM DESIGNED TO INFORM PARK VISITORS AND THE
PUBLIC OF THE PROBLEMS CONFRONTING THE PROTECTION OF PARK RESOURCES AND
THE SOLUTIONS BEING IMPLEMENTED TO ADDRESS THOSE PROBLEMS. EDUCATIONAL
INFORMATION OF THIS NATURE SHALL BE MADE AVAILABLE TO YOUTH GROUPS AND
TO EDUCATIONAL INSTITUTIONS.
S 4.15 PLANNING; GRANTS. 1. THE COMMISSIONER IS DIRECTED TO COOPERATE
WITH AND IS AUTHORIZED TO PROVIDE TECHNICAL ASSISTANCE TO ANY GOVERN-
MENTAL UNIT WITHIN OR ADJACENT TO THE AREAS OR UNITS OF THE STATE PARK
SYSTEM WHERE THE RESULTS OF SUCH COOPERATION AND ASSISTANCE WOULD LIKELY
BENEFIT THE PROTECTION OF PARK RESOURCES. THERE SHALL BE INITIATED, BY
THE PARK AND/OR REGIONAL STAFF, AN EFFORT TO WORK COOPERATIVELY WITH ALL
GOVERNMENTAL AGENCIES AND OTHER ENTITIES HAVING INFLUENCE OR CONTROL
OVER LANDS, RESOURCES AND ACTIVITIES WITHIN OR ADJACENT TO A PARK AREA
OR UNIT FOR THE PURPOSE OF DEVELOPING, ON A VOLUNTARY BASIS, MUTUALLY
COMPATIBLE LAND USE OR MANAGEMENT PLANS OR POLICIES FOR THE GENERAL
AREA.
2. THE COMMISSIONER IS AUTHORIZED TO MAKE GRANTS TO UNITS OF LOCAL
GOVERNMENT FOR THE PURPOSES DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION. SUCH GRANTS SHALL NOT EXCEED FIFTEEN THOUSAND DOLLARS IN ANY
FISCAL YEAR TO ANY UNIT OF LOCAL GOVERNMENT. THE COMMISSIONER SHALL
DEVELOP CRITERIA FOR THE AWARDING OF GRANTS, WITH SUCH CRITERIA TO
INCLUDE PRIORITY FOR AWARDS WHICH WILL AFFORD THE GREATEST INCREASED
DEGREE OF PROTECTION TO CRITICALLY DEGRADED OR THREATENED PARK
RESOURCES.
S 4.17 ADDITIONS TO THE SYSTEM. THE COMMISSIONER SHALL INVESTIGATE,
STUDY AND CONTINUALLY MONITOR THE STATUS AND WELFARE OF AREAS WHOSE
RESOURCES EXHIBIT QUALITIES OF STATEWIDE SIGNIFICANCE AND WHICH HAVE
POTENTIAL FOR INCLUSION IN THE STATE PARK SYSTEM. FOR PURPOSES OF THIS
RESPONSIBILITY, THE COMMISSIONER SHALL CONSIDER THREATS TO RESOURCE
VALUES, COST ESCALATION FACTORS AND RELATIONSHIP TO THE NATURAL AND
A. 3695 7
HISTORIC THEMES OF THE STATE. ON OR BEFORE MARCH FIRST OF EACH YEAR, THE
COMMISSIONER SHALL REPORT TO THE SPEAKER OF THE ASSEMBLY AND THE TEMPO-
RARY PRESIDENT OF THE SENATE A LIST OF AREAS THAT ARE UNDER CONSIDER-
ATION FOR POTENTIAL INCLUSION IN THE STATE PARK SYSTEM.
S 4.19 MAINTENANCE MANAGEMENT SYSTEM. THE OFFICE SHALL IMPLEMENT A
MAINTENANCE MANAGEMENT SYSTEM INTO THE MAINTENANCE AND OPERATIONS
PROGRAMS OF THE STATE PARK SYSTEM. FOR PURPOSES OF THIS SECTION THE TERM
"MAINTENANCE MANAGEMENT SYSTEM" MEANS A SYSTEM THAT CONTAINS BUT IS NOT
LIMITED TO THE FOLLOWING ELEMENTS:
1. A WORK LOAD INVENTORY OF ASSETS INCLUDING DETAILED INFORMATION THAT
QUANTIFIES FOR ALL ASSETS (INCLUDING BUT NOT LIMITED TO BUILDINGS,
ROADS, UTILITY SYSTEMS, AND GROUNDS THAT MUST BE MAINTAINED) THE CHARAC-
TERISTICS AFFECTING THE TYPE OF MAINTENANCE WORK PERFORMED;
2. A SET OF MAINTENANCE TASKS THAT DESCRIBE THE MAINTENANCE WORK IN
EACH AREA OR UNIT OF THE STATE PARK SYSTEM;
3. A DESCRIPTION OF WORK STANDARDS INCLUDING FREQUENCY OF MAINTENANCE,
MEASURABLE QUALITY STANDARD TO WHICH ASSETS SHOULD BE MAINTAINED, METH-
ODS FOR ACCOMPLISHING WORK, REQUIRED LABOR, EQUIPMENT AND MATERIAL
RESOURCES, AND EXPECTED WORKER PRODUCTION FOR EACH MAINTENANCE TASK;
4. A WORK PROGRAM AND PERFORMANCE BUDGET WHICH DEVELOPS AN ANNUAL WORK
PLAN IDENTIFYING MAINTENANCE NEEDS AND FINANCIAL RESOURCES TO BE DEVOTED
TO EACH MAINTENANCE TASK;
5. A WORK SCHEDULE WHICH IDENTIFIES AND PRIORITIZES TASKS TO BE DONE
IN A SPECIFIC TIME PERIOD AND SPECIFIES REQUIRED LABOR RESOURCES;
6. WORK ORDERS SPECIFYING JOB AUTHORIZATIONS AND A RECORD OF WORK
ACCOMPLISHED WHICH CAN BE USED TO RECORD ACTUAL LABOR AND MATERIAL
COSTS; AND
7. REPORTS AND SPECIAL ANALYSES WHICH COMPARE PLANNED VERSUS ACTUAL
ACCOMPLISHMENTS AND COSTS AND CAN BE USED TO EVALUATE MAINTENANCE OPER-
ATIONS.
S 4.21 PARKWAYS. THE COMMISSIONER, IN CONSULTATION WITH THE COMMIS-
SIONER OF TRANSPORTATION, SHALL PROMULGATE RULES AND REGULATIONS ESTAB-
LISHING STANDARDS TO BE MAINTAINED FOR THE DESIGN, CONSTRUCTION, RECON-
STRUCTION, OPERATION AND MAINTENANCE OF STATE PARKWAYS AND PARKWAYS
UNDER THE JURISDICTION OF THE OFFICE THAT WILL PROTECT THE SCENIC AND
NATURAL QUALITIES ASSOCIATED WITH PARKWAYS. TO THE FULLEST EXTENT PRAC-
TICABLE, SUCH STANDARDS SHALL PROVIDE FOR MAINTENANCE OF TREES AND WOOD-
LAND ALONG PARKWAYS AND FOR SIGNAGE IN SCALE AND CHARACTER THAT IS
COMPATIBLE WITH A PARKWAY SETTING. STATE PARKWAYS AND PARKWAYS UNDER THE
JURISDICTION OF THE OFFICE SHALL BE MAINTAINED BY THE OFFICE AND DEPART-
MENT OF TRANSPORTATION ACCORDING TO THE STANDARDS PROMULGATED PURSUANT
TO THIS SECTION. FEDERAL AID FOR DESIGN, CONSTRUCTION, RECONSTRUCTION,
OPERATION OR MAINTENANCE OF ANY STATE PARKWAY OR PARKWAY UNDER THE
JURISDICTION OF THE OFFICE THAT IS CONDITIONED UPON ACTIONS AT VARIANCE
WITH THE STANDARDS PROMULGATED PURSUANT TO THIS SECTION SHALL NOT BE
USED UNLESS OTHERWISE AUTHORIZED BY ENACTED LAW.
S 4. The parks, recreation and historic preservation law is amended by
adding a new section 5.11 to read as follows:
S 5.11 PERSONNEL. 1. THE COUNCIL SHALL APPOINT AN EXECUTIVE DIRECTOR
AND SHALL ASSIGN TO SUCH DIRECTOR SUCH POWERS, FUNCTIONS AND DUTIES AS
IT SHALL DEEM APPROPRIATE TO FULFILL THE PURPOSES OF THIS ARTICLE.
2. THE COUNCIL SHALL HAVE THE POWER TO EMPLOY AND COMPENSATE, WITHIN
APPROPRIATIONS AVAILABLE THEREFOR, SUCH OTHER PERSONNEL AS IT SHALL
DETERMINE NECESSARY TO CARRY OUT ITS DUTIES UNDER THIS ARTICLE.
S 5. The parks, recreation and historic preservation law is amended by
adding a new section 7.08 to read as follows:
A. 3695 8
S 7.08 PERSONNEL. 1. EACH COMMISSION SHALL APPOINT AN EXECUTIVE DIREC-
TOR AND SHALL ASSIGN TO SUCH DIRECTOR SUCH POWERS, FUNCTIONS AND DUTIES
AS IT SHALL DEEM APPROPRIATE TO FULFILL THE PURPOSES OF THIS ARTICLE.
2. EACH COMMISSION SHALL HAVE THE POWER TO EMPLOY AND COMPENSATE,
WITHIN APPROPRIATIONS AVAILABLE THEREFOR, SUCH OTHER PERSONNEL AS IT
SHALL DETERMINE NECESSARY TO CARRY OUT ITS DUTIES UNDER THIS ARTICLE.
S 6. Section 13.03 of the parks, recreation and historic preservation
law is amended to read as follows:
S 13.03 Listing of state parks, STATE PARKWAYS, parkways, recreation
facilities and historic sites. 1. The commissioner shall, by regu-
lation, maintain a current listing and description of all state parks,
STATE PARKWAYS, parkways, recreation facilities and historic sites under
the custody and control of the office, other state agency, authority or
other instrumentality of the state, which are now in existence or here-
after shall be acquired.
2. As used in this article, "state agency" shall mean the Palisades
interstate park commission or the department of environmental conserva-
tion.
S 7. For purposes of determining state agency projects which are
deemed not to be subject to the notice and comment provisions of section
4.09 of the parks, recreation and historic preservation law, as added by
section three of this act, not later than May 1, 2010, each state agency
shall submit to the director of the budget a list of projects described
under such section 4.09 of the parks, recreation and historic preserva-
tion law which such agency deems to have been undertaken, approved or
funded before the effective date of such section including all projects
which have been reviewed pursuant to such section. The director of the
budget shall review such lists to certify that substantial time, work
and money have been expended upon such projects and shall submit to the
commissioner of parks, recreation and historic preservation and the
chair of the state board for historic preservation an official list of
projects which are deemed not to be subject to the provisions of such
section 4.09 of the parks, recreation and historic preservation law.
S 8. The parks, recreation and historic preservation law is amended by
adding a new section 3.27 to read as follows:
S 3.27 PUBLIC-PRIVATE PARTNERSHIPS. 1. AS USED IN THIS SECTION, THE
TERM "PUBLIC-PRIVATE PARTNERSHIP" OR "PARTNERSHIP" SHALL MEAN AN AGREE-
MENT BETWEEN THE OFFICE AND A CORPORATION, PARTNERSHIP OR OTHER PRIVATE
COMMERCIAL ENTITY UNDER WHICH PRIVATE MONIES IN AN AMOUNT OF MORE THAN
FIVE THOUSAND DOLLARS ARE MADE AVAILABLE FOR A PUBLIC CAPITAL PROJECT, A
PUBLIC PROGRAM OR TO UNDERWRITE THE COST OF PUBLIC PERSONNEL IN RETURN
FOR CONSIDERATION INCLUDING BUT NOT LIMITED TO NOTICE OR DISPLAY OF THE
NAME OR LOGO OF THE PROVIDER OF THE PRIVATE MONIES.
2. THE OFFICE SHALL NOT ENTER INTO A PUBLIC-PRIVATE PARTNERSHIP AGREE-
MENT UNLESS IT HAS PROMULGATED RULES AND REGULATIONS ESTABLISHING STAND-
ARDS AND PROCEDURES FOR SUCH PARTNERSHIPS. SUCH RULES AND REGULATIONS
SHALL INCLUDE BUT NEED NOT BE LIMITED TO PROVISIONS FOR COST-BENEFIT
ANALYSIS OF PARTNERSHIP PROPOSALS, REVIEW OF THE IMPACT OF PARTNERSHIP
ARRANGEMENTS ON ESTABLISHED POLICIES AND PRIORITIES OF THE OFFICE AS
PART OF THE ENVIRONMENTAL IMPACT ASSESSMENT OR STATEMENT ON THE ACTION,
ADVERTISEMENT AND SOLICITATION OF BIDS FOR COMPETING OR OTHER PRIVATE
ENTITIES TO DETERMINE THE MOST ADVANTAGEOUS PARTNERSHIP ARRANGEMENT AND
THE PUBLIC DISCLOSURE OF CAMPAIGN CONTRIBUTIONS TO CANDIDATES FOR STATE
ELECTED OFFICES IN THE PRECEDING FOUR YEARS BY THE PRIVATE PARTNERSHIP
ENTITY INCLUDING DIRECTORS AND OFFICERS THEREOF. REQUIREMENTS AND
A. 3695 9
PROCEDURES ESTABLISHED IN SUCH RULES AND REGULATIONS SHALL BE IN ADDI-
TION TO EXISTING REQUIREMENTS IN LAW.
3. IN ANY YEAR THAT THE OFFICE ENTERS INTO ONE OR MORE PUBLIC-PRIVATE
PARTNERSHIPS, IT SHALL PREPARE AND SUBMIT TO THE LEGISLATURE AND THE
GOVERNOR A REPORT FULLY DESCRIBING THE PARTNERSHIP ARRANGEMENT, IDENTI-
FYING THE PUBLIC BENEFIT THEREFROM AND ANY IMPACT IT MAY HAVE HAD ON THE
PRIORITIES AND ACTIVITIES OF THE REPORTING AGENCY. SUCH REPORT SHALL BE
SUBMITTED ON OR BEFORE MARCH FIRST FOR THE PRECEDING YEAR.
S 9. The parks, recreation and historic preservation law is amended by
adding a new section 14.11 to read as follows:
S 14.11 LEASE OR EXCHANGE ON HISTORIC PROPERTY IN STATE PARKS,
PRESERVES AND HISTORIC SITES. 1. THE COMMISSIONER MAY LEASE OR EXCHANGE
HISTORIC PROPERTY LISTED IN OR ELIGIBLE FOR THE NATIONAL REGISTER OF
HISTORIC PLACES AND LOCATED WITHIN THE BOUNDARIES OF A STATE PARK,
PRESERVE OR HISTORIC SITE IN ORDER TO ENSURE ITS PRESERVATION AND IN
ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. THE SPECIFIC AUTHORI-
ZATIONS AND REQUIREMENTS IN THIS SECTION SHALL SUPERSEDE EXISTING
SPECIFIC REQUIREMENTS TO THE CONTRARY OF LAW FOR THE SALE OR LEASE OF
STATE PROPERTY.
2. THE FOLLOWING CONDITIONS OR REQUIREMENTS SHALL APPLY TO SUCH LEASE
OR EXCHANGE:
(A) THAT THE LANDS AFFECTED BY THE LEASE OR EXCHANGE HAVE BEEN
SURVEYED FOR NATURAL, HISTORICAL, AND CULTURAL VALUES AND DETERMINATIONS
MADE BY THE COMMISSIONER THAT SUCH LEASE OR EXCHANGE WILL NOT BE INCON-
SISTENT WITH ANY NATURAL, HISTORICAL OR CULTURAL VALUES FOUND ON THE
LAND.
(B) THAT THE COMMISSIONER FINDS THAT IT IS NOT MORE APPROPRIATE OR
COST EFFECTIVE TO USE THE PROPERTY FOR PARK ADMINISTRATION, OPERATIONS,
MAINTENANCE, EMPLOYEE HOUSING OR OTHER SERVICE PURPOSE.
(C) NO LEASE OR EXCHANGE CONVEYANCE SHALL BE MADE IN A STATE PARK,
PRESERVE OR HISTORIC SITE WITH A MANAGEMENT OR MASTER PLAN IF THE LEASE
OR EXCHANGE IS INCONSISTENT WITH THE APPROPRIATE PLAN.
(D) EACH PROPOSED LEASE OR EXCHANGE MUST BE REVIEWED AND APPROVED BY
THE STATE BOARD FOR HISTORIC PRESERVATION AND THE REGIONAL PARK, RECRE-
ATION AND HISTORIC PRESERVATION COMMISSION WHERE THE LEASE OR EXCHANGE
TRANSACTION WILL TAKE PLACE.
(E) CONSTRUCTION OF NEW FREESTANDING STRUCTURES OR NEW ADDITIONS TO
EXISTING STRUCTURES SHALL BE PERMITTED UNDER A LEASE ONLY IF:
(1) THE NEW CONSTRUCTION IS NECESSARY IN PRESERVING THE HISTORIC
STRUCTURE AND INCREASES ITS UTILITY;
(2) THE NEW CONSTRUCTION IS ESSENTIAL TO THE FEASIBILITY OF THE
APPROVED NEW USE OF THE HISTORIC STRUCTURE AND THERE IS NO OTHER REASON-
ABLE ALTERNATIVE;
(3) THE NEW CONSTRUCTION IS VISUALLY SUBORDINATE TO THE HISTORIC
STRUCTURE AND ITS SETTING; AND
(4) IT IS DETERMINED IN WRITING THAT THE NEW CONSTRUCTION IS CONSIST-
ENT WITH THE PURPOSES OF THE PARK, PRESERVE OR HISTORIC SITE AND DOES
NOT ADVERSELY AFFECT THE NATURAL, SCENIC OR HISTORIC CHARACTER THEREOF.
LEASE OFFERINGS SHOULD SPECIFY WHETHER A NEW STRUCTURE OR ADDITION MAY
BE PERMITTED AND, IF SO, UNDER WHAT CIRCUMSTANCES.
(F) ALL WORK PERFORMED BY THE LESSEE ON THE PROPERTY MUST BE DONE IN
ACCORDANCE WITH THE U.S. SECRETARY OF THE INTERIOR'S STANDARDS FOR
HISTORIC PRESERVATION PROJECTS AND OTHER SPECIFIC CRITERIA REQUIRED BY
THE OFFICE.
(G) NO INTEREST IN THE PROPERTY OR IN ANY IMPROVEMENTS MADE TO THE
PROPERTY BY THE LESSEE WILL VEST IN THE LESSEE. AT EXPIRATION, TITLE TO
A. 3695 10
ALL REAL PROPERTY WILL REMAIN IN THE STATE WITHOUT COST TO THE STATE.
HOWEVER, WHEN WARRANTED BY THE NATURE OR AMOUNT OF THE INVESTMENT
REQUIRED OF THE LESSEE, THE LEASE MAY PROVIDE FOR COMPENSATION FOR SUCH
IMPROVEMENTS IN THE EVENT OF TERMINATION FOR CONVENIENCE OR CAUSE PRIOR
TO EXPIRATION.
(H) PROCEEDS FROM LEASING OR EXCHANGE OF HISTORIC PROPERTIES SHALL
ONLY BE USED TO DEFRAY THE COSTS OF ADMINISTRATION, MAINTENANCE, REPAIR
AND RELATED EXPENSES FOR HISTORIC PROPERTIES. IN GENERAL, PROCEEDS FROM
LEASES SHOULD BE USED FIRST TO BENEFIT PROJECTS APPROVED BY THE REGIONAL
MANAGER WITHIN THE PARKS, PRESERVES OR HISTORIC SITES THAT GENERATED
THEM AND THEN FOR APPROVED PROJECTS IN OTHER PARKS, PRESERVES OR HISTOR-
IC SITES WITHIN THE REGION. HOWEVER, THE COMMISSIONER MAY REALLOCATE
LEASE REVENUES TO BENEFIT OTHER HISTORIC PROPERTIES OF A HIGHER PRIORI-
TY.
(I) WHEN THE AWARD OF A LEASE WILL BE BASED ON CRITERIA IN ADDITION TO
PRICE, SOLICITATION OF OFFERS WILL BE MADE THROUGH REQUESTS FOR
PROPOSALS AND THE COMMISSIONER MAY NEGOTIATE WITH THE PARTY OR PARTIES
WHICH, IN THE COMMISSIONER'S JUDGMENT, MAKES THE OFFER WHICH IS SUSCEP-
TIBLE TO BEING THE MOST ADVANTAGEOUS TO THE OFFICE.
(1) WHERE SIGNIFICANT INVESTMENT WOULD BE REQUIRED OF A POTENTIAL
LESSEE, THE COMMISSIONER SHALL ISSUE A REQUEST FOR PROPOSALS DESCRIBING
THE REQUIRED PRESERVATION, PRESERVATION MAINTENANCE, RESTORATION, RECON-
STRUCTION, ADAPTIVE USE OR OTHER SPECIFIED WORK.
(2) REQUESTS FOR PROPOSALS WILL BE MADE AVAILABLE UPON REQUEST TO ALL
INTERESTED PARTIES AND WILL ALLOW A MINIMUM OF SIXTY DAYS FOR PROPOSALS
TO BE SUBMITTED UNLESS A SHORTER PERIOD IS NECESSARY AND MADE PART OF
THE PUBLIC NOTICE.
(3) ALL PROPOSALS RECEIVED WILL BE EVALUATED BY THE COMMISSIONER, AND
THE PROPOSAL CONSIDERED TO MEET THE CRITERIA BEST SHALL BE SELECTED AS
THE BASIS FOR NEGOTIATION TO A FINAL LEASE.
(4) THE PRINCIPAL FACTORS TO BE USED IN EVALUATING THE PROPOSAL SHALL
BE STATED IN THE REQUEST FOR PROPOSALS AND SHALL INCLUDE AS APPROPRIATE
PRICE, FINANCIAL CAPABILITY, EXPERIENCE OF THE PROPOSER, CONFORMANCE OF
THE PROPOSAL TO THE REQUEST FOR PROPOSALS, IMPACT OF THE PROPOSAL ON THE
HISTORICAL SIGNIFICANCE AND INTEGRITY OF THE SITE OR STRUCTURE, OR ANY
OTHER FACTORS THAT MAY BE SPECIFIED. WHEN THE REQUEST FOR PROPOSAL
SOLICITS LEASE PROPOSALS FOR USE OF SITES OR STRUCTURES, THE SELECTION
CRITERIA MAY INCLUDE ASSESSMENT OF THE DEGREE TO WHICH ANY USE PROPOSED
IS SUPPORTIVE OF THE PURPOSES OF THE PARK, PRESERVE OR HISTORIC SITE.
(J) ALL LEASES SHALL CONTAIN SUCH TERMS AND CONDITIONS AS THE COMMIS-
SIONER DEEMS NECESSARY TO ASSURE USE OF THE PROPERTY IN A MANNER
CONSISTENT WITH THE PURPOSE FOR WHICH THE PARK, PRESERVE OR HISTORIC
SITE WAS ESTABLISHED AND TO ASSURE THE PRESERVATION OF THE HISTORIC
PROPERTY. LEASES GRANTED OR APPROVED UNDER THIS SECTION SHALL BE FOR THE
MINIMUM TERM COMMENSURATE WITH THE PURPOSE OF THE LEASE THAT WILL ALLOW
THE HIGHEST ECONOMIC RETURN TO THE OFFICE CONSISTENT WITH PRUDENT
MANAGEMENT AND PRESERVATION PRACTICES, EXCEPT AS OTHERWISE PROVIDED IN
THIS SECTION. IN NO EVENT SHALL A LEASE EXCEED A TERM OF FORTY YEARS.
(K) ALL PROVISIONS OF LAW REGARDING THE LEASE OR EXCHANGE OF STATE
PROPERTY THAT ARE NOT INCONSISTENT WITH THE PROVISIONS OF THIS SECTION
SHALL BE APPLICABLE IN EACH TRANSACTION.
3. AFTER CONSULTATION WITH THE STATE BOARD FOR HISTORIC PRESERVATION,
THE COMMISSIONER, CONSISTENT WITH OTHER LEGAL REQUIREMENTS OR OTHER
LEGAL AUTHORITIES, MAY EXCHANGE ANY PROPERTY OWNED BY THE STATE UNDER
HIS OR HER ADMINISTRATION FOR ANY NON-STATE OWNED HISTORIC PROPERTY
LOCATED WITHIN THE AUTHORIZED BOUNDARIES OF AN EXISTING STATE PARK,
A. 3695 11
PRESERVE OR HISTORIC SITE, IF HE OR SHE HAS DETERMINED THAT SUCH
EXCHANGE WILL ADEQUATELY ENSURE PRESERVATION OF THE HISTORIC PROPERTY
AND SUBJECT TO THE APPLICABLE REQUIREMENTS OF THIS SECTION. THE EXCHANGE
OF THE TWO PROPERTIES SHALL BE ON THE BASIS OF APPROXIMATELY EQUAL FAIR
MARKET VALUE ESTABLISHED BY THE APPROVED APPRAISAL REPORTS OF THE AGEN-
CY. THE COMMISSIONER MAY ACCEPT CASH FROM OR PAY CASH TO THE GRANTOR IN
AN EXCHANGE, IN ORDER TO EQUALIZE THE VALUES OF THE PROPERTIES
EXCHANGED. TITLE TO THE NON-STATE PROPERTY TO BE RECEIVED IN EXCHANGE
MUST BE FREE AND CLEAR OF ENCUMBRANCES AND/OR LIENS. PRIOR TO CONSUM-
MATION OF ANY EXCHANGE, THE COMMISSIONER SHALL EVALUATE THE STATE LAND
TO BE EXCHANGED, AND SHALL RESERVE SUCH INTERESTS AS NECESSARY TO
PROTECT THE PURPOSES FOR WHICH THE STATE PARK, PRESERVE OR HISTORIC SITE
WAS ESTABLISHED. THE GRANTOR OF PROPERTY TO THE STATE MAY RESERVE ONLY
SUCH RIGHTS AS ARE COMPATIBLE WITH THE PURPOSES FOR WHICH IT IS BEING
ACQUIRED AS DETERMINED BY THE COMMISSIONER. APPRAISAL OF FAIR MARKET
VALUES MUST REFLECT ANY RESERVATIONS OR RESTRICTIONS.
4. THE COMMISSIONER MAY ADOPT SUCH RULES AND REGULATIONS AS ARE NECES-
SARY AND APPROPRIATE TO IMPLEMENT THE AUTHORITY GRANTED BY THE
PROVISIONS OF THIS SECTION.
S 10. The commissioner of parks, recreation and historic preservation,
in consultation with the commissioners of economic development and envi-
ronmental conservation, shall prepare or cause to be prepared a strate-
gic assessment of the current use and prospective enhanced contribution
of the state's cultural and natural resources to the state's economy and
public enjoyment. Such assessment shall include but not be limited to
consideration of state parks, historic sites, heritage areas, historic
preservation programs, preserves and protects areas, environmental
education areas and tourism programs and shall use one or more study
areas including the Long Island maritime communities. Within one year of
the effective date of this section, the commissioner of parks, recre-
ation and historic preservation shall submit a copy of the strategic
assessment including any recommendations based thereon to the governor,
senate and assembly.
S 11. The education law is amended by adding a new section 411 to read
as follows:
S 411. USE OF SCHOOL DISTRICT LAND AS PARKLAND. NOTWITHSTANDING ANY
INCONSISTENT PROVISION OF LAW, ANY SCHOOL DISTRICT IN THE STATE MAY
UTILIZE LAND OWNED BY SUCH SCHOOL DISTRICT FOR THE PURPOSES OF CREATING
PARKLANDS; PROVIDED, HOWEVER, THAT SUCH SCHOOL DISTRICT SHALL SUBMIT A
PROPOSITION TO THE VOTERS OF THE SCHOOL DISTRICT FOR THEIR APPROVAL TO
USE SUCH LAND FOR CREATING PARKLANDS. ALL LAND OWNED BY A SCHOOL
DISTRICT USED FOR PARKLANDS SHALL BE USED FOR OUTDOOR EDUCATION AND
OTHER SCHOOL CURRICULUM PURPOSES, AND SHALL BE AVAILABLE TO THE RESI-
DENTS OF THE SCHOOL DISTRICT FOR THEIR USE AND ENJOYMENT.
S 12. The general municipal law is amended by adding a new section
72-q to read as follows:
S 72-Q. PARKLAND. THE MAINTENANCE OF THE NATURAL CONDITIONS AND
CULTURAL FEATURES OF DEDICATED PARKLAND OF EACH COUNTY, CITY, TOWN AND
VILLAGE IS PART OF THE PUBLIC TRUST RESPONSIBILITY OF THE GOVERNING BODY
OF THE RESPECTIVE COUNTY, CITY, TOWN AND VILLAGE.
S 13. This act shall take effect on the sixtieth day after it shall
have become a law.