NY State Senate Bill 2023-S5333

Current Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
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Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to environmental conservation
Mar 02, 2023	referred to environmental conservation

co-Sponsors

2023-S5333 (ACTIVE) - Details

See Assembly Version of this Bill:: A2450
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 9 Title 23 §§9-2301 - 9-2304, En Con L
Versions Introduced in 2021-2022 Legislative Session:: S7221, A9453

2023-S5333 (ACTIVE) - Summary

Relates to the Mount Van Hoevenberg Olympic Sports Complex in Essex County.

2023-S5333 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5333

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
Mount Van Hoevenberg Olympic Sports Complex

 
PURPOSE OF THE BILL:

This bill would amend the Environmental Conservation Law (ECL) to imple-
ment a constitutional amendment authorizing the Mt. Van Hoevenberg Olym-
pic Sports Complex on Forest Preserve lands in the Town of North Elba,
Essex County.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend Article 9 of the Environmental
Conservation Law by adding a new Title 22:

-ECL § 9-2201 provides the legislative purpose and intent in authorizing
the use of the Mt. Van Hoevenberg Olympic Sports Complex as a world

class Nordic and biathlon Sports Complex.

--ECL § 9-2202 would define "appurtenances," and "Mt. Van Hoevenberg
Olympic Sports Complex."

--ECL § 9-2203 would allow not more than 322.26 acres of Forest Preserve
land to be used for the Olympic Sports Complex and requires unit manage-
ment plan authorization for new development and approval by the Adiron-
dack Park Agency.

-ECL § 9-2204 would require that no less than 2500 acres of land be
added to the Forest Preserve elsewhere in the Adirondack Park and
require legislative approval of the acquisition.

Section 2 of this bill would provide that this bill would take effect on
passage of a constitutional amendment authorizing legislation pertaining
to the Mt. Van Hoevenberg Olympic Sports Complex located in part on the
lands of the State in Essex County.

 
JUSTIFICATION:

This legislation implements an amendment to Article XIV, Section 1 of
the Constitution which protects the integrity of the Forest Preserve by
constitutionally authorizing the existing Mt. Van Hoevenberg Olympic
Sports Complex and allowing for a limited expansion of the Nordic and
biathlon trails and appurtenances thereto, to comply with modern inter-
national standards necessary for accommodating international Nordic
skiing and biathlon events. This legislation also implements that part
of the constitutional amendment which, as an offset to the total 322.26
acres of land that could potentially be developed for the Olympic Sports
Complex, requires the addition of 2500 acres or more of land elsewhere
in the Adirondack Park.

The Mt. Van Hoevenberg Olympic Sports Complex traces its origins as far
back as 1929, when a bobsled run was built to accommodate the 1932 Olym-
pics. The entirety of the Olympic Sports Complex now includes portioni
of the Nordic ski and biathlon trails and related facilities on Forest
Preserve lands, as well as portions of the Nordic ski and biathlon
trails and the bobsled run on land owned by the Town of North Elba over
which the State has an easement. The amendment and this legislation
apply to those portions of the Olympic Sports Complex that are located
on State Forest Preserve lands.

The constitutional amendment allows the construction, operation, and
maintenance of Nordic ski trails and "appurtenances thereto" on Olympic
Sports Complex lands on 322.26 acres of Forest Preserve land, but does
not define the term "appurtenances." This legislation defines "appurte-
nances" narrowly, clarifying that appurtenances include only those
structures and improvements which are directly related to and necessary
for the construction, operation, and maintenance, and public use of
modern Nordic skiing and biathlon facilities. The legislation also clar-
ifies that the amendment specifically excludes improvements such as zip
lines, hotels, condominiums, swimming pools, tennis courts and other
structures or improvements which are not directly related to and neces-
sary for operation, maintenance, and public use of the sports complex,
as well as structures located at or above 2200' feet in elevation above
sea level that would be used for the sale of any goods, services,
merchandise, food, or beverage.

The legislation also confirms that any new development at the facility
must be authorized through the unit management planning process. This
process includes State Environmental Quality Review Act review, and a
public review and comment period. As required by section 816 of the
Executive Law, unit management plans and amendments thereto are not
effective until and unless the Adirondack Park Agency finds that the
proposals contained therein conform with the Adirondack Park State Land
Master Plan. The public comment and review process and Adirondack Park
Agency Review will ensure that the construction, operation, and mainte-
nance of all facilities at the Olympic Sports Complex comply with the
terms of both the constitutional amendment and this implementing legis-
lation. The legislation repeats the requirement in the constitutional
amendment that, as an offset to the potential use of 322.26 acres of
Forest Preserve land for the Olympic Sports Complex, the State must
acquire at least 2500 acres of land for inclusion in the Forest
Preserve, and that the legislature must approve the acquisition.

Thus, the legislature will be able to ensure that the acreage require-
ment is met and that the land being acquired is a suitable addition to
the Forest Preserve. In addition, ORDA has committed to request that the
Adirondack Park Agency reclassify approximately 200 acres of this
currently classified Intensive Use Area to Wilderness, making it part of
the adjacent High Peaks Wilderness Area. This will not only add addi-
tional acreage to this Wilderness area, but will decrease the footprint
of the existing Mt. Van Hoevenberg Intensive Use Area from 1240 acres to
approximately 1039 acres.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S7221/A9453 - Died in Environmental Conservation

 
FISCAL IMPLICATIONS:

None, although the economy of the Lake Placid area and the State as a
whole will be benefitted by the amendment.

 
EFFECTIVE DATE:
This bill would take effect upon passage of a constitutional amendment
pertaining to the Mt. Van Hoevenberg Olympic Sports Complex located in
part on lands of the State in Essex County.

2023-S5333 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5333
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2023
                                ___________
 
 Introduced  by  Sens.  HARCKHAM, STEC -- read twice and ordered printed,
   and when printed to be committed 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07271-01-3

 S. 5333                             2
 
 OF TRUE FOREST LAND LOCATED IN THE ADIRONDACK PARK. TO ENSURE THAT  SUCH
 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"
 S. 5333                             3
 
 takes  effect, in accordance with section 1 of article 19 of the consti-
 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.

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Senate Bill S5333

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

2023-S5333 (ACTIVE) - Details

2023-S5333 (ACTIVE) - Summary

2023-S5333 (ACTIVE) - Sponsor Memo

2023-S5333 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5333

Share this bill

Sponsored By

Pete Harckham

Current Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

Daniel G. Stec

2023-S5333 (ACTIVE) - Details

2023-S5333 (ACTIVE) - Summary

2023-S5333 (ACTIVE) - Sponsor Memo

2023-S5333 (ACTIVE) - Bill Text download pdf

Comments