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.