S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2450
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by M. of A. JONES -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   Mount Van Hoevenberg Olympic Sports Complex
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Article 9 of the environmental conservation law is  amended
 by adding a new title 23 to read as follows:
                                 TITLE 23
              THE MOUNT VAN HOEVENBERG OLYMPIC SPORTS COMPLEX
 SECTION 9-2301. LEGISLATIVE PURPOSE AND INTENT.
         9-2302. DEFINITIONS.
         9-2303. CONSTRUCTION,  OPERATION,  AND  MAINTENANCE OF THE MOUNT
                   VAN HOEVENBERG OLYMPIC SPORTS COMPLEX.
         9-2304. LAND TO BE ACQUIRED FOR INCLUSION IN THE FOREST PRESERVE
                   IN THE ADIRONDACK PARK.
 § 9-2301. LEGISLATIVE PURPOSE AND INTENT.
   1. IT IS THE INTENT OF THE LEGISLATURE TO HEREBY IMPLEMENT THE  AMEND-
 MENT TO SECTION ONE OF ARTICLE FOURTEEN, OF THE NEW YORK STATE CONSTITU-
 TION  PERTAINING  TO  THE  MOUNT  VAN  HOEVENBERG OLYMPIC SPORTS COMPLEX
 LOCATED ON FOREST PRESERVE LANDS IN THE TOWN  OF  NORTH  ELBA  IN  ESSEX
 COUNTY.
   2.  THE LEGISLATURE FURTHER INTENDS THAT IMPLEMENTATION OF THE CONSTI-
 TUTIONAL AMENDMENT SHOULD BE ACCOMPLISHED IN A MANNER THAT  ENSURES  THE
 INTEGRITY  OF  THE  FOREST  PRESERVE LAND ON WHICH THE SPORTS COMPLEX IS
 SITUATED AND RESULTS IN A SIGNIFICANT INCREASE OF FOREST PRESERVE  ACRE-
 AGE IN THE ADIRONDACK PARK.
   3.  THE  LEGISLATURE  INTENDS  THAT,  AS  OFFSET FOR THE USE OF FOREST
 PRESERVE LANDS FOR THE SPORTS COMPLEX, THE STATE  SHALL  ACQUIRE  AS  AN
 ADDITION TO THE FOREST PRESERVE AT LEAST TWO THOUSAND FIVE HUNDRED ACRES
 OF  TRUE FOREST LAND LOCATED IN THE ADIRONDACK PARK. TO ENSURE THAT SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07271-01-3
              

 A. 2450                             2
 
 LANDS WILL BE ACQUIRED AND HAVE CHARACTERISTICS SUITABLE  FOR  INCLUSION
 IN TO THE FOREST PRESERVE, THE LEGISLATURE INTENDS TO REVIEW AND APPROVE
 THE ACQUISITION OF SUCH LANDS.
   4.  FOR  THESE  REASONS AND AS AUTHORIZED BY THE PROVISIONS OF SECTION
 ONE OF ARTICLE FOURTEEN OF THE STATE CONSTITUTION, THE LEGISLATURE FINDS
 THAT IT IS IN THE PUBLIC INTEREST TO HEREBY IMPLEMENT THE CONSTITUTIONAL
 AMENDMENT PERTAINING TO THE MOUNT VAN HOEVENBERG OLYMPIC SPORTS COMPLEX.
 § 9-2302. DEFINITIONS.
   FOR PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   1. "APPURTENANCES" SHALL  MEAN  THOSE  FACILITIES  THAT  ARE  DIRECTLY
 RELATED  TO  AND NECESSARY FOR THE CONSTRUCTION, OPERATION, MAINTENANCE,
 AND PUBLIC USE OF MODERN NORDIC SKIING  AND  BIATHLON  TRAILS,  SUCH  AS
 ACCESS ROADS, PARKING LOTS, SANITARY FACILITIES, OFFICES, DAY LODGES AND
 AMENITIES,  SNOWMAKING,  FIVE KILOMETER OF PAVED TRAINING TRAILS, AND AN
 OPEN-AIR NORDIC  SKIING  AND  BIATHLON  STADIUM.  THIS  TERM  SHALL  NOT
 INCLUDE:
   (A)  FACILITIES  SUCH  AS  ZIP  LINES,  HOTELS, CONDOMINIUMS, SWIMMING
 POOLS, ALL-TERRAIN VEHICLES OR OFF-ROAD VEHICLES FOR PUBLIC USE,  TENNIS
 COURTS  AND  OTHER  STRUCTURES  AND  IMPROVEMENTS WHICH ARE NOT DIRECTLY
 RELATED TO AND NECESSARY FOR OPERATION, MAINTENANCE, AND PUBLIC  USE  OF
 THE SPORTS COMPLEX; OR
   (B) ANY STRUCTURE LOCATED AT OR ABOVE AN ELEVATION OF TWO THOUSAND TWO
 HUNDRED  FEET  ABOVE SEA LEVEL USED FOR THE SALE OF ANY GOODS, SERVICES,
 MERCHANDISE, FOOD, OR BEVERAGE.
   2. "MOUNT VAN HOEVENBERG OLYMPIC SPORTS COMPLEX" MEANS A ONE  THOUSAND
 THIRTY-NINE  AND  TWO-TENTHS ACRE PARCEL OF FOREST PRESERVE LAND LOCATED
 IN THE TOWN OF NORTH ELBA IN ESSEX COUNTY ON WHICH THE MOUNT VAN HOEVEN-
 BERG OLYMPIC SPORTS COMPLEX IS CURRENTLY LOCATED. FOR PURPOSES  OF  THIS
 TITLE, LAND OWNED BY THE TOWN OF NORTH ELBA WHICH IS LOCATED ADJACENT TO
 FOREST PRESERVE LAND AND OVER WHICH THE STATE HAS AN EASEMENT, INCLUDING
 LAND  ON  WHICH THE OLYMPIC BOBSLED RUN IS LOCATED, SHALL NOT BE CONSID-
 ERED PART OF SUCH SPORTS COMPLEX.
 § 9-2303. CONSTRUCTION, OPERATION, AND  MAINTENANCE  OF  THE  MOUNT  VAN
             HOEVENBERG OLYMPIC SPORTS COMPLEX.
   NOT MORE THAN THREE HUNDRED TWENTY-TWO AND TWENTY-SIX HUNDREDTHS ACRES
 OF  FOREST  PRESERVE  LAND  AT  THE  MOUNT VAN HOEVENBERG OLYMPIC SPORTS
 COMPLEX MAY BE USED FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE  OF
 NORDIC  SKIING  AND  BIATHLON TRAILS, AND APPURTENANCES THERETO. ANY AND
 ALL DEVELOPMENT AT THE SPORTS COMPLEX SHALL CONFORM  TO  GUIDELINES  SET
 FORTH IN THE ADIRONDACK PARK STATE LAND MASTER PLAN AND SHALL BE AUTHOR-
 IZED  BY  A  UNIT  MANAGEMENT PLAN, AS REQUIRED BY SECTION EIGHT HUNDRED
 SIXTEEN OF THE EXECUTIVE LAW.
 § 9-2304. LAND TO BE ACQUIRED FOR INCLUSION IN THE  FOREST  PRESERVE  IN
             THE ADIRONDACK PARK.
   AS  AN  OFFSET  FOR  THE  USE  OF FOREST PRESERVE LANDS FOR THE SPORTS
 COMPLEX, THE STATE SHALL ACQUIRE NO LESS THAN TWO THOUSAND FIVE  HUNDRED
 ACRES  OF  LAND  FOR  INCLUSION IN THE FOREST PRESERVE IN THE ADIRONDACK
 PARK, SUBJECT TO LEGISLATIVE APPROVAL. SUCH  APPROVAL  SHALL  INCLUDE  A
 METES  AND  BOUNDS  DESCRIPTION  AND  AN  ACCURATE  SURVEY  OF THE LANDS
 PROPOSED FOR INCLUSION IN THE FOREST PRESERVE.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner  as a "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing
 an amendment to section 1 of article 14 of the constitution, in relation
 to the Mount Van Hoevenberg Olympic  Sports  Complex  in  Essex  County"
 takes  effect, in accordance with section 1 of article 19 of the consti-
 A. 2450                             3
 
 tution.  Effective immediately, the addition, amendment and/or repeal of
 any rule or regulation necessary for the implementation of this  act  on
 its  effective date are authorized to be made and completed on or before
 such effective date.