S T A T E O F N E W Y O R K
________________________________________________________________________
3345
2017-2018 Regular Sessions
I N A S S E M B L Y
January 27, 2017
___________
Introduced by M. of A. RYAN -- 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 defining boundaries of the Niagara river greenway
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 39.03 of the parks, recreation and
historic preservation law, as added by chapter 460 of the laws of 2004,
is amended to read as follows:
1. "Niagara river greenway" or "greenway" shall mean a linear system
of state and local parks and conservation areas linked by a network of
multi use trails within the greenway area [established by an approved
plan of the commission as provided for in this article] WHICH SHALL
INCLUDE: LANDS AND WATERS AS IDENTIFIED AS THE "GREENWAY FOCUS AREA"
DESIGNATED WITHIN THE NIAGARA RIVER GREENWAY PLAN THAT INCLUDES AREAS
WITHIN ADOPTED LOCAL WATERFRONT REVITALIZATION PLANS AND NEW YORK STATE
COASTAL MANAGEMENT ZONES. ONLY THOSE PROJECTS LOCATED WITHIN THE GREEN-
WAY FOCUS AREA MAY BE FUNDED. WITHIN THE TRIBUTARIES OF THE GREENWAY
FOCUS AREA, ONLY THOSE PROJECTS WHICH DEMONSTRATE A DIRECT RELATIONSHIP
TO WATER QUALITY IMPROVEMENT, ECOSYSTEM FUNCTION, OR TRAIL CONNECTIONS,
MAY BE FUNDED.
§ 2. The closing paragraph of section 39.07 of the parks, recreation
and historic preservation law, as added by chapter 460 of the laws of
2004, is amended to read as follows:
Such draft plan shall be submitted to the commissioner [of parks,
recreation and historic preservation] within two years of the effective
date of this article. The commissioner may approve the plan, may return
the plan to the commission with recommendations for approval, or may
reject such plan. Prior to submission of the draft plan to the commis-
sioner, the commission shall hold at least one public hearing on the
draft plan in each county for which the plan is applicable. The local
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07936-01-7
A. 3345 2
legislative body of each city, town or village within the boundaries
designated by the draft plan must approve the plan following the public
hearing or hearings and before it is submitted to the commissioner. A
copy of the approved plan shall be provided to the governor, the tempo-
rary president of the senate and the speaker of the assembly. AS CREAT-
ING A LINEAR SYSTEM OF STATE AND LOCAL PARKS AND CONSERVATION AREAS
LINKED BY A NETWORK OF MULTI-USE TRAILS IS THE PRIMARY MISSION OF THE
NIAGARA RIVER GREENWAY COMMISSION, THIS MISSION SHALL TAKE PRIORITY AND
NO PROJECT WHICH DOES NOT FURTHER THIS MISSION, AS DESCRIBED AND DEFINED
IN THIS PARAGRAPH, SHALL BE FUNDED.
§ 3. Section 39.19 of the parks, recreation and historic preservation
law, as added by chapter 460 of the laws of 2004, is amended to read as
follows:
§ 39.19 State actions. Each state agency shall review its actions
within the greenway in relation to the consistency of such actions with
the approved Niagara river greenway plan. HOWEVER, NO ACTION MAY BE
TAKEN UNLESS IT IS CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE AND
THE CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN THAT AMENDED THIS
SECTION.
§ 4. This act shall take effect immediately.