S T A T E O F N E W Y O R K
________________________________________________________________________
6024
2019-2020 Regular Sessions
I N A S S E M B L Y
February 26, 2019
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Introduced by M. of A. BARRETT -- read once and referred to the Commit-
tee on Tourism, Parks, Arts and Sports Development
AN ACT to amend the parks, recreation and historic preservation law, in
relation to establishing an outdoor Rx program for outdoor environ-
mental, ecological, agricultural, or other natural resource based
therapy programs; and to amend the state finance law, in relation to
establishing the outdoor Rx program fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "outdoor Rx
act".
§ 2. Legislative intent. Studies have shown that time outdoors can be
a valuable adjunct therapy in addition to more traditional health care,
while also reducing reliance on prescription medication. The therapeutic
benefits of time spent outdoors is clinically proven and is known to
help reduce stress, improve concentration, and promote overall well-be-
ing, both physical and mental. Outdoor-based therapeutic programs,
including adventure therapy, wilderness therapy, horticultural therapy,
walk-and-talk therapy, and other nature-oriented programs, are currently
being used by mental health professionals and are shown to have benefits
including reduction of stress, restoration of attention, and an improved
sense of well-being. Such outdoor programs aim to connect people with
nature thereby proving to be particularly beneficial to individuals
undergoing a recovery process. Recognizing the healing benefits of outd-
oor-based therapeutic programs to residents of the state, particularly
veterans and individuals recovering from substance abuse or a physical
or mental trauma, the legislature supports the establishment of an
outdoor Rx program.
§ 3. The parks, recreation and historic preservation law is amended by
adding a new article 18 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00476-01-9
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ARTICLE 18
OUTDOOR RX PROGRAM
SECTION 18.01 OUTDOOR RX PROGRAM.
18.03 OUTDOOR RX PROGRAM FUND.
18.05 USE OF FUNDS.
18.07 ELIGIBILITY.
18.09 ELIGIBILITY CRITERIA.
18.11 PROGRAM SELECTION.
§ 18.01 OUTDOOR RX PROGRAM. 1. IN RECOGNITION OF THE GREAT THERAPEUTIC
BENEFITS OF OUTDOOR RECREATION, THE OUTDOOR RX PROGRAM IS HEREBY ESTAB-
LISHED TO PROVIDE FUNDS FOR OUTDOOR ENVIRONMENTAL, ECOLOGICAL, AGRICUL-
TURAL, OR OTHER NATURAL RESOURCE BASED THERAPY PROGRAMS SERVING THE
CITIZENS OF THE STATE. THE COMMISSIONER SHALL ESTABLISH AND IMPLEMENT
THE PROGRAM TO PROVIDE GRANTS FOR OUTDOOR-BASED THERAPY PROGRAMS.
2. THE COMMISSIONER SHALL ESTABLISH AN ADVISORY COMMITTEE TO ASSIST
AND ADVISE THE OFFICE IN THE DEVELOPMENT AND ADMINISTRATION OF THE
OUTDOOR RX PROGRAM. THE COMMITTEE SHALL CONSIST OF AT LEAST SEVEN
MEMBERS APPOINTED AS FOLLOWS: AT LEAST ONE MEMBER APPOINTED BY THE
COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION; AT LEAST
ONE MEMBER APPOINTED BY THE NEW YORK STATE DIRECTOR OF VETERANS'
AFFAIRS; AT LEAST ONE MEMBER APPOINTED BY THE COMMISSIONER OF ENVIRON-
MENTAL CONSERVATION; AT LEAST ONE MEMBER APPOINTED BY THE COMMISSIONER
OF HEALTH; AT LEAST ONE MEMBER APPOINTED FROM THE BUSINESS COMMUNITY; AT
LEAST TWO MEMBERS APPOINTED FROM AN OUTDOOR ORGANIZATION; AND ANY OTHER
MEMBERS THE COMMISSIONER DEEMS SUFFICIENT TO ENSURE A CROSS SECTION OF
PARTICIPANTS.
§ 18.03 OUTDOOR RX PROGRAM FUND. 1. FUNDS DEPOSITED IN THE OUTDOOR RX
PROGRAM FUND PURSUANT TO SECTION NINETY-NINE-FF OF THE STATE FINANCE LAW
SHALL BE TRANSFERRED TO THE OFFICE TO BE USED SOLELY FOR THE OUTDOOR RX
PROGRAM PURPOSES IDENTIFIED IN THIS ARTICLE INCLUDING THE ADMINISTRATION
OF THE PROGRAM. THE OFFICE SHALL BE AUTHORIZED TO ACCEPT GIFTS, GRANTS,
DONATIONS, OR MONEYS FROM ANY SOURCE FOR DEPOSIT IN THE OUTDOOR RX
PROGRAM FUND. ANY PUBLIC AGENCY IN THIS STATE SHALL BE AUTHORIZED TO
DEVELOP AND IMPLEMENT OUTDOOR RX PROGRAMS. THE COMMISSIONER SHALL BE
AUTHORIZED TO MAKE GRANTS TO PUBLIC AGENCIES AND CONTRACT WITH ANY
PUBLIC OR PRIVATE AGENCY OR PERSON TO DEVELOP AND IMPLEMENT OUTDOOR RX
PROGRAMS.
2. (A) THE COMMISSIONER SHALL ESTABLISH LIMITATIONS ON THE AVAILABILI-
TY AND USE OF OUTDOOR RX PROGRAM FUNDS; PROVIDED, HOWEVER, THAT ANY
LIMITATIONS SHALL BE DEFINED IN THE APPLICATION PACKAGE. THE COMMISSION-
ER SHALL ESTABLISH SUCH LIMITATIONS ONLY AFTER CONSIDERING THE FOLLOW-
ING:
(I) CONSISTENCY WITH THE PURPOSE OF THE OUTDOOR RX PROGRAM AS STATED
IN SUBDIVISION ONE OF SECTION 18.01 OF THIS ARTICLE; AND
(II) AVAILABILITY OF FUNDS.
(B) THE COMMISSIONER SHALL BE AUTHORIZED TO DETERMINE THAT APPLICANTS
BE REQUIRED TO MAKE A MATCHING CONTRIBUTION TO BE ELIGIBLE FOR FUNDING.
(C) THE COMMISSIONER SHALL BE AUTHORIZED TO LIMIT THE AMOUNT OF FUND-
ING AVAILABLE FOR ANY ELEMENT OF A PROGRAM.
§ 18.05 USE OF FUNDS. THE FOLLOWING CONDITIONS APPLY TO THE USE OF THE
FUNDS:
1. FOR EVERY FUNDED PROJECT, A CONTRACT SHALL BE EXECUTED ON BEHALF OF
THE OFFICE AND BY THE FUNDING RECIPIENT. THE FUNDING RECIPIENT SHALL NOT
BE REIMBURSED FOR COSTS INCURRED PRIOR TO THE EXECUTION OF THE CONTRACT
BY BOTH PARTIES.
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2. THE FUNDING RECIPIENT FOR GRANTS UNDER THIS ARTICLE SHALL ENSURE
THAT ALL PROGRAMS ARE IN ACCORDANCE WITH ANY TECHNICAL STANDARDS ESTAB-
LISHED BY THE OFFICE.
3. THE FUNDING RECIPIENT SHALL SUBMIT ANY REPORTS REQUIRED BY THE
OFFICE AS DIRECTED IN THE FUNDING CONTRACT.
4. THE FUNDING RECIPIENT SHALL AGREE TO AND CERTIFY COMPLIANCE WITH
ALL APPLICABLE FEDERAL AND STATE LAWS, REGULATIONS AND POLICIES.
5. FUNDING RECIPIENTS SHALL MAINTAIN ACCURATE ACCOUNTING RECORDS ON
THE EXPENDITURE OF PROJECT FUNDS, PROVIDE THE OFFICE WITH SUCH RECORDS
CONSISTENT WITH THE AGREEMENT OR UPON REQUEST, AND PERMIT THE OFFICE TO
AUDIT THE USE OF FUNDS IN ACCORDANCE WITH GENERALLY ACCEPTED AUDIT PRAC-
TICES AND STANDARDS. THE OFFICE SHALL RESERVE THE RIGHT TO TERMINATE ITS
PARTICIPATION IN ANY PROJECT WHICH FAILS TO PERFORM ACCORDING TO THE
REQUIREMENTS OF THIS ARTICLE.
6. THE OFFICE SHALL BE AUTHORIZED TO ASSESS FEES TO PROGRAM PARTIC-
IPANTS FOR PROGRAM SERVICES.
§ 18.07 ELIGIBILITY. 1. THE COMMISSIONER SHALL SET PRIORITIES AND
DEVELOP CRITERIA FOR THE AWARDING OF GRANTS TO OUTDOOR ENVIRONMENTAL,
ECOLOGICAL, AGRICULTURAL, OR OTHER NATURAL RESOURCE-BASED THERAPY
PROGRAMS CONSIDERING AT LEAST THE FOLLOWING:
(A) PROGRAMS THAT UTILIZE VETERANS FOR AT LEAST FIFTY PERCENT OF
PROGRAM IMPLEMENTATION OR ADMINISTRATION;
(B) PROGRAMS THAT CONTRIBUTE TO HEALTHY LIFESTYLES THROUGH OUTDOOR
RECREATION;
(C) PROGRAMS THAT WILL COMMIT MATCHING AND IN-KIND RESOURCES;
(D) PROGRAMS THAT CREATE PARTNERSHIPS WITH PUBLIC AND PRIVATE ENTI-
TIES;
(E) PROGRAMS THAT MAXIMIZE THE NUMBER OF PARTICIPANTS THAT CAN BE
SERVED, PARTICULARLY PARTICIPANTS WHO ARE VETERANS OR WHO ARE RECOVERING
FROM SUBSTANCE ABUSE OR PHYSICAL OR MENTAL TRAUMA;
(F) VARIOUS STATE PARKS AS VENUES AND USE OF THE OFFICE'S PERSONNEL AS
A RESOURCE;
(G) PROGRAMS THAT MAKE USE OF RESEARCH-BASED, EFFECTIVE ENVIRONMENTAL,
ECOLOGICAL, AGRICULTURAL, OR OTHER NATURAL RESOURCE-BASED THERAPY;
(H) PROGRAMS THAT PROVIDE CITIZENS OF THE STATE WITH OPPORTUNITIES TO
DIRECTLY EXPERIENCE AND UNDERSTAND NATURE AND THE NATURAL WORLD; AND
(I) PROGRAMS THAT INCLUDE ONGOING PROGRAM EVALUATION, ASSESSMENT, AND
REPORTING OF THEIR EFFECTIVENESS.
2. (A) THE COMMISSIONER SHALL SELECT ACTIVITIES ELIGIBLE FOR FUNDING.
SUCH ACTIVITIES MAY INCLUDE, BUT NEED NOT BE LIMITED TO, THE FOLLOWING:
(I) OUTDOOR RECREATION;
(II) OUTDOOR ENVIRONMENTAL STUDIES;
(III) AGRICULTURAL;
(IV) NATURAL RESOURCE BASED;
(V) CONSERVATION;
(VI) ECOLOGICAL; AND
(VII) STEWARDSHIP OR RESTORATION.
(B) THE FOLLOWING ACTIVITIES SHALL BE INELIGIBLE FOR FUNDING FROM THE
OUTDOOR RX PROGRAM:
(I) ACTIVITIES THAT MAY BE PERCEIVED TO LOBBY OR ADVOCATE FOR POLI-
TICAL PURPOSES;
(II) ACTIVITIES THAT ARE NOT IN COMPLIANCE WITH LOCAL, STATE AND
FEDERAL LAWS; AND
(III) ORGANIZED YOUTH SPORTS SUCH AS A COMMUNITY LEAGUE OR SCHOOL
TEAM.
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3. THE ADVISORY COMMITTEE SHALL DEVELOP AN APPLICATION FORM WHICH
ELIGIBLE APPLICANTS SHALL BE REQUIRED TO COMPLETE AND SUBMIT IN ORDER TO
BE CONSIDERED FOR RECEIPT OF A GRANT UNDER THIS ARTICLE.
§ 18.09 ELIGIBILITY CRITERIA. THE FOLLOWING CRITERIA SHALL BE USED TO
EVALUATE APPLICATIONS:
1. PROPOSALS THAT PROVIDE FOR PUBLIC/PRIVATE PARTNERSHIPS;
2. PROPOSALS THAT PROVIDE FOR INNOVATIVE WAYS TO INCREASE THE AVAIL-
ABILITY AND USE OF OUTDOOR RECREATION FACILITIES;
3. PROPOSALS WHICH SHOW CONSIDERATION FOR THE ECONOMICS OF INSTALLA-
TION OR IMPLEMENTATION TO PROVIDE GREATEST COST BENEFIT RATIO, FOR EXAM-
PLE, WHERE PRIVATE PARTIES CONTRIBUTE MORE THAN THE MINIMUM AMOUNT;
4. PROGRAMS THAT COMMIT MATCHING AND IN-KIND RESOURCES;
5. PROPOSALS THAT USE STATE PARK AND OTHER NATURAL RESOURCE VENUES AND
PERSONNEL AS A RESOURCE;
6. PROPOSALS THAT CONTRIBUTE TO HEALTHY LIFESTYLES THROUGH OUTDOOR
RECREATION AND SOUND NUTRITION;
7. PROPOSALS WHICH CONTRIBUTE TO THE STATEWIDE NETWORK OF FACILITIES
OR PROGRAMS;
8. PROPOSALS WHICH ENCOURAGE COMMUNITY INVOLVEMENT;
9. PROPOSALS WHICH ENCOURAGE SOUND ENVIRONMENTAL PRACTICES;
10. PROPOSALS THAT MAXIMIZE THE NUMBER OF PARTICIPANTS THAT CAN BE
SERVED;
11. PROPOSALS THAT PROVIDE AN OPPORTUNITY TO EXPERIENCE THE OUT-OF-
DOORS DIRECTLY AND UNDERSTAND NATURE AND THE NATURAL WORLD;
12. PROPOSALS THAT INCLUDE ONGOING PROGRAM EVALUATION, ASSESSMENT AND
REPORTING OF THEIR EFFECTIVENESS;
13. PROGRAMS THAT MAKE USE OF RESEARCH-BASED, EFFECTIVE ENVIRON-
MENTAL, ECOLOGICAL, AGRICULTURAL, OR OTHER NATURAL RESOURCE-BASED THERA-
PY; AND
14. PROPOSALS WHICH DEMONSTRATE INNOVATIVE APPROACHES TO OUTDOOR-BASED
THERAPY.
§ 18.11 PROGRAM SELECTION. 1. COMPLETED APPLICATIONS SHALL BE REVIEWED
BY THE OFFICE TO DETERMINE ELIGIBILITY AND EVALUATED IN ACCORDANCE WITH
THE PURPOSES, ELIGIBILITY REQUIREMENTS, LIMITATIONS, AND EVALUATION
CRITERIA IN THIS ARTICLE.
2. THE OFFICE SHALL CONSULT WITH AND CONSIDER THE RECOMMENDATIONS OF
THE ADVISORY COMMITTEE AND PRESENT FINAL RECOMMENDATIONS TO THE COMMIS-
SIONER.
3. THE COMMISSIONER SHALL MAKE THE FINAL DECISION ON FUNDING A
PROJECT.
§ 4. The state finance law is amended by adding a new section 99-ff to
read as follows:
§ 99-FF. OUTDOOR RX PROGRAM FUND. 1. THERE IS HEREBY ESTABLISHED IN
THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE
COMPTROLLER A FUND TO BE KNOWN AS THE "OUTDOOR RX PROGRAM FUND".
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT TO ARTI-
CLE EIGHTEEN OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW AND
ALL OTHER MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY
OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION
SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
THE FUND ACCORDING TO LAW.
2-A. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMPTROLLER
SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK-
ER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE AND CHAIR OF
THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE AMOUNT OF MONEY DEPOSITED IN
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THE OUTDOOR RX PROGRAM FUND DURING THE PRECEDING CALENDAR YEAR AS THE
RESULT OF REVENUE DERIVED PURSUANT TO ARTICLE EIGHTEEN OF THE PARKS,
RECREATION AND HISTORIC PRESERVATION LAW AND FROM GRANTS, GIFTS AND
BEQUESTS.
2-B. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSION-
ER OF PARKS, RECREATION AND HISTORIC PRESERVATION SHALL PROVIDE A WRIT-
TEN REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE
ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE, CHAIR OF THE SENATE COMMITTEE ON HEALTH, CHAIR
OF THE ASSEMBLY HEALTH COMMITTEE, THE STATE COMPTROLLER AND THE PUBLIC.
SUCH REPORT SHALL INCLUDE HOW THE MONIES OF THE FUND WERE UTILIZED
DURING THE PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
(A) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE PROCESS USED
FOR SUCH DISBURSEMENTS;
(B) RECIPIENTS OF GRANTS FROM THE FUND;
(C) THE AMOUNT AWARDED TO EACH RECIPIENT;
(D) THE PURPOSES FOR WHICH SUCH GRANTS WERE AWARDED; AND
(E) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL
YEAR.
3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR OUTDOOR RX PROJECTS
APPROVED BY THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVA-
TION IN NEW YORK STATE.
4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF PARKS, RECREATION AND HISTORIC PRESERVATION.
5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF PARKS, RECREATION
AND HISTORIC PRESERVATION SHALL ENSURE THAT ALL MONIES RECEIVED DURING A
FISCAL YEAR ARE EXPENDED PRIOR TO THE END OF THAT FISCAL YEAR.
§ 5. This act shall take effect immediately.