S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    765
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens.  LITTLE, LARKIN -- read twice and ordered printed,
   and when printed to be committed to the Committee on  Veterans,  Home-
   land Security and Military Affairs
 
 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.
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 15-0506 to read as follows:
 § 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.
                                                            LBD00293-01-7
              

 S. 765                              2
 
   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

 S. 765                              3
 
 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.

 S. 765                              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

 S. 765                              5
 
 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.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.