S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8717
 
                           I N  A S S E M B L Y
 
                             January 11, 2022
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
   Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   establishment  of  the state geological trail and the state geological
   planning and advisory council; and to amend a chapter of the  laws  of
   2021  amending  the  environmental  conservation  law and the economic
   development law relating to establishing a state geological trail,  as
   proposed  in  legislative  bills  numbers  S.  7071  and A. 4328-A, in
   relation to the effectiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 49-0501 of the environmental conservation law, as
 added by a chapter of  the  laws  of  2021  amending  the  environmental
 conservation law and the economic development law relating to establish-
 ing  a  state geological trail, as proposed in legislative bills numbers
 S. 7071 and A. 4328-A, is amended to read as follows:
 § 49-0501. Designation of geoparks and other sites.
   1. For the purposes of this title, a "geopark" is an area or territory
 of the state encompassing one or more sites  of  scientific  importance,
 for not only geological reasons but also by virtue of their archaeologi-
 cal, ecological and cultural value.
   2.  The  commissioner shall study and MAY designate areas, territories
 and sites within the state which constitute  geoparks  and  other  sites
 which have geological significance. Such geoparks and sites may include,
 but not be limited to:
   a.  Cayuga  heights,  along  state  route thirty-four in the county of
 Tompkins;
   b. Cascadilla creek, along University avenue in the  city  of  Ithaca,
 county of Tompkins;
   c.  Ithaca  Falls park Fall creek, along Lincoln street in the city of
 Ithaca, county of Tompkins;
   d. Taughannock Falls state park, in the county of Tompkins;
   e. Niagara river gorge and Power Plant Haul road,  in  the  county  of
 Niagara;

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

                                                            LBD08707-04-2
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   f. Whirlpool state park, in the county of Niagara;
   g.  the  mouth  of  Eighteen Mile creek at Lake Erie, in the county of
 Erie;
   h. Buffalo creek at Bullisi road, in the county of Erie;
   i. Fall brook along state route sixty-three, in the town  of  Geneseo,
 county of Livingston;
   j. LeRoy quarry, in the town of LeRoy, county of Genesee;
   k. the Potsdam sandstone at Ausable chasm, in the county of Clinton;
   l. Ausable falls, in the county of Clinton;
   m. Whiteface mountain, in the county of Essex;
   n. the Chattermarks on Bear mountain, in the county of Rockland;
   o. the erratic and groves in Central park, in the county of New York;
   p. the glacial channel in Central park, in the county of New York;
   q.  the burrows in sandstone in Watkins Glen, in the county of Schuyl-
 er;
   r. the upper devonian shale, siltstone and sandstone in  Watkins  Glen
 gorge, in the county of Schuyler;
   s. Watkins Glen state park, in the county of Schuyler;
   t. Letchworth state park, in the county of Wyoming;
   u.  Penn  Dixie  [paleontological and outdoor education center] FOSSIL
 PARK AND NATURE PRESERVE, in the county of Erie;
   v. Lafarge quarry, in the county of Ulster;
   w. Seneca stone quarry, in the county of Seneca;
   x. Taughannock park road in Taughannock Falls state park, in the coun-
 ty of Tompkins;
   y. State route four and twenty-two, in the town of  Whitehall,  county
 of Washington;
   z.  Rondaxe  road  on  Bald  mountain,  in the town of Webb, county of
 Herkimer;
   aa. Cannan road, in the towns of East Martinsburg and Knox, county  of
 Lewis;
   bb. Barnet garnet mine, in the county of Warren;
   cc. John Boyd Thacher state park, in the county of Albany;
   dd. the Petrified Sea Gardens, in the county of Saratoga;
   ee. Lester park, in the county of Saratoga;
   ff. Saratoga Springs state park, in the county of Saratoga;
   gg. Skytop Lane quarry, in the county of Delaware;
   hh. Sidney Mountain quarry, in the county of Delaware;
   ii. Sidney Mountain Bluestone quarry, in the county of Delaware;
   jj. Sidney Center outcrops, in the county of Delaware;
   kk. Sheetz quarry, in the county of Delaware;
   ll. Pine Hill road, in the county of Delaware;
   mm. Chimney Bluffs state park, in the county of Wayne;
   nn. Wiscory Falls, in the county of Allegany;
   oo. White creek, in the county of Allegany;
   pp. Sixtown creek, in the county of Allegany;
   qq. Rushford Dam park, in the county of Allegany;
   rr. Caneadea Gorge overlook, in the county of Allegany;
   ss. Buttermilk Falls state park, in the county of Cayuga;
   tt. Chittenango Falls state park, in the county of Madison;
   uu. Cohoes Falls, in the county of Saratoga;
   vv. Clarksville cave, in the county of Albany;
   ww. Joralemon town park, in the county of Albany;
   xx. Normanskill gorge, in the county of Albany;
   yy. Barton garnet mine, in the county of Warren;
   zz. Kimberlite dike, in the county of Onondaga;
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   aaa. Howes Cave quarry, in the county of Schoharie;
   bbb. Howe Caverns, in the county of Schoharie;
   ccc. Kaaterskill Falls, in the county of Greene;
   ddd. Knox cave, in the county of Albany;
   eee. Manorkill Falls, in the county of Schoharie;
   fff. McFail's Cave nature preserve, in the county of Schoharie;
   ggg. Montauk Point, in the county of Suffolk;
   hhh. Montour Falls, in the county of Schuyler;
   iii. Niagara Falls state park, in the county of Niagara;
   jjj. Onesquethaw Cave, in the county of Albany;
   kkk. Stark's Knob, in the county of Saratoga;
   lll. Cairo Fossil Forest, in the county of Greene;
   mmm. Gilboa Fossil Forest, in the county of Schoharie; and
   nnn. Herkimer Diamond Mines, in the county of Herkimer.
   3.  For  each area, territory and site designated pursuant to subdivi-
 sion two of this section, the  commissioner,  in  cooperation  with  the
 commissioners of transportation and economic development, [shall] MAY:
   a.  establish  a  management  plan  designed  to foster socio-economic
 development that is sustainable;
   b. establish methods  for  conserving  and  enhancing  its  geological
 heritage; and
   c. establish best practices for conservation.
   §  2.  Section 49-0503 of the environmental conservation law, as added
 by a chapter of the laws of 2021 amending the environmental conservation
 law and the economic development law relating to  establishing  a  state
 geological  trail,  as proposed in legislative bills numbers S. 7071 and
 A.  4328-A, is amended to read as follows:
 § 49-0503. Establishment of state geological trail.
   1. The commissioner, in cooperation with the commissioners  of  trans-
 portation  and  economic development, shall establish a state geological
 trail to include the areas, territories  and  sites  designated  by  the
 commissioner  pursuant  to  subdivision  two  of section 49-0501 of this
 title. The purpose of such trail shall be to identify and  promote  such
 areas,  territories  and  sites to the public, and promote the economic,
 scientific, cultural and conservation aspects thereof.
   2. To the greatest extent  practicable,  the  state  geological  trail
 shall  include areas and sites across the state going east and west, and
 north and south throughout the entire state.  [The] CONSIDERATION  SHALL
 BE GIVEN TO HAVING THE designated portions of the state geological trail
 [shall]  intersect  at  the city of Albany, [which shall be deemed to be
 the center of] IN RECOGNITION OF ITS IMPORTANCE IN THE  geology  of  the
 state.  [The]  IN DESIGNATING THE state geological trail [shall possess]
 CONSIDERATION SHALL ALSO BE GIVEN TO scientific and/or scenic importance
 relating to geological, and related cultural, ecological and archeologi-
 cal features.
   3. In developing and approving  such  trail,  the  commissioner  shall
 ensure  that  proposed trail routes do not conflict with existing scenic
 byways designated pursuant to section three hundred forty-nine-dd of the
 highway law or wine trails designated pursuant to section three  hundred
 forty-three-k  of  the  highway  law, and ensure that the trail route is
 designed and laid out so that it is relatively simple and easy to follow
 for users and contains few branches or laterals that dead end.
   § 3. Section 49-0505 of the environmental conservation law,  as  added
 by a chapter of the laws of 2021 amending the environmental conservation
 law  and  the  economic development law relating to establishing a state
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 geological trail, as proposed in legislative bills numbers S.  7071  and
 A.  4328-A, is amended to read as follows:
 § 49-0505. State  geological  planning  and  [management board] ADVISORY
              COUNCIL.
   1. For the purposes of this title, ["board"] "ADVISORY COUNCIL"  means
 the  state  geological  planning and [management board] ADVISORY COUNCIL
 established pursuant to this section.
   2. There shall be established within the department the state geologi-
 cal planning and [management board] ADVISORY COUNCIL.  The [board] ADVI-
 SORY COUNCIL shall be composed of ten members as follows:
   a. the commissioner, or his or her  designee  who  is  an  officer  or
 employee of the department;
   b.  the  commissioner  of economic development, or his or her designee
 who is an officer or employee of the department of economic development;
   c. the commissioner of parks, recreation and historic preservation, or
 his or her designee who is an officer  or  employee  of  the  office  of
 parks, recreation and historic preservation;
   d.  the  commissioner of transportation, or his or her designee who is
 an officer or employee of the department of transportation;
   e. two members appointed by the governor, of whom:
   (1) one shall have been or is engaged in trail planning and/or manage-
 ment, and
   (2) one shall teach geology or be a geology professional;
   f. two members appointed by the temporary  president  of  the  senate,
 having  expertise  in  the field of ecology, conservation or trail plan-
 ning; and
   g. two members appointed by the speaker of the assembly, having exper-
 tise in the field of ecology, conservation or trail planning.
   3. The members of the [board] ADVISORY COUNCIL appointed  pursuant  to
 paragraphs  e,  f  and  g of subdivision two of this section shall serve
 terms of four years.  Vacancies in the membership of the  [board]  ADVI-
 SORY  COUNCIL  shall  be  filled  in  the  manner  provided for original
 appointments.
   4. The commissioner, or his or her designee, shall be the chair of the
 [board] ADVISORY COUNCIL.  The [board] ADVISORY COUNCIL shall  meet  not
 less  than  three  times  each calendar year, and more frequently at the
 call of the chair [of the board].
   5. The [board shall] ADVISORY COUNCIL MAY establish:
   a. criteria for signage on the state geological trail, including means
 of providing information about geological features associated with  each
 particular  portion  of  such  trail.  Provided,  however, that all such
 signage shall comply with the New York state manual  and  specifications
 for a uniform system of traffic control devices as such manual and spec-
 ifications  may  be  amended  from time to time, certified by a licensed
 professional engineer who specializes in  traffic  operations.  For  the
 purposes of this section, the term "New York state manual and specifica-
 tions  for  a  uniform system of traffic control devices" shall mean the
 national manual of uniform traffic control devices  promulgated  by  the
 federal  highway  administration  pursuant to subpart (f) of part 655 of
 title 23 of the code of federal  regulations  and  the  New  York  state
 supplement  adopted  by  the  commissioner of transportation pursuant to
 section sixteen hundred eighty of the vehicle and traffic law; and
   b. state geological trail publications,  guidelines  for  interpretive
 programs  and themes relating to portions of the state geological trail,
 and an internet website providing directional information on educational
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 institutions that have programs relating to the geological and conserva-
 tion aspects of the portions of the state geological trail.
   §  4. Section 4 of a chapter of the laws of 2021 amending the environ-
 mental conservation law and the economic  development  law  relating  to
 establishing  a state geological trail, as proposed in legislative bills
 numbers S. 7071 and A. 4328-A, is amended to read as follows:
   § 4. This act shall take effect [immediately] ONE YEAR AFTER IT  SHALL
 HAVE BECOME A LAW.
   §  5.  This act shall take effect immediately; provided, however, that
 sections one, two and three of this act shall take effect  on  the  same
 date  and  in  the same manner as a chapter of the laws of 2021 amending
 the environmental conservation law  and  the  economic  development  law
 relating to establishing a state geological trail, as proposed in legis-
 lative bills numbers S. 7071 and A. 4328-A, takes effect.