NY State Senate Bill 2023-S7806A

Senate Bill S7806A

2023-2024 Legislative Session

Requiring the office of parks, recreation and historic preservation establish design standards and manage applications for greenway trails

download bill text pdf

Current Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 16, 2024	print number 7806a
May 16, 2024	amend (t) and recommit to cultural affairs, tourism, parks and recreation
Jan 03, 2024	referred to cultural affairs, tourism, parks and recreation
Dec 13, 2023	referred to rules

Bill Amendments

Original

A (Active)

2023-S7806 - Details

See Assembly Version of this Bill:: A8301
Current Committee:: Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Amd §§3.09 & 1.03, Pks & Rec L

2023-S7806 - Summary

Requires the office of parks, recreation and historic preservation to establish design standards for greenway rails and to manage applications for greenway trails.

2023-S7806 - Sponsor Memo

                                 
BILL NUMBER: S7806

SPONSOR: SERRANO
 
TITLE OF BILL:

An act to amend the parks, recreation and historic preservation law, in
relation to directing the office of parks, recreation and historic pres-
ervation to promulgate uniform design standards for all trails under its
jurisdiction

 
PURPOSE:

Direct OPRHP to require that any new trail established or existing trail
modified under its jurisdiction conform with design standards promulgat-
ed by the office.

 
SUMMARY OF PROVISIONS:

Section 1. Amends the parks, recreation and historical preservation law
to require that any new trail or existing trail modification under the
office's jurisdiction complies with design standards established by the
office that identify best practices for trail design and maintenance.

Section 2 sets the effective date.

 
JUSTIFICATION:.

The statewide system of recreational trails provides New Yorkers and
visitors alike with access to outdoor recreation and non-motorized
transportation. Trails generate economic activity across the state, with
trail users patronizing nearby businesses, restaurants, and retailers.

In 2017, OPRHP promulgated the Empire State Trail. Design Guide to iden-
tity best practices for trail specifications, maintenance, and accessi-
bility. However, these guidelines are not, uniformly followed, resulting
in accessibility issues and inconsistent, confusing signage on the
state's trails.

This bill, would require new trails and any upgrades or modifications to
existing trails to conform to the standards promulgated by OPRHP.
Ensuring consistency across trails statewide would improve user experi-
ence and give people the sense that the trails compromise a unified
system. Improving the quality of the state's trails would encourage
their use, increasing access to outdoor recreation and to low-carbon
transportation options for New Yorkers.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become law.

2023-S7806 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7806
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 13, 2023
                                ___________
 
 Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the parks, recreation and historic preservation law,  in
   relation  to  directing  the  office of parks, recreation and historic
   preservation to promulgate uniform design  standards  for  all  trails
   under its jurisdiction
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 7-a of section 3.09 of  the  parks,  recreation
 and  historic  preservation  law, as added by chapter 999 of the laws of
 1973, is amended to read as follows:
   7-a. (A) Promulgate a comprehensive plan for the  establishment  of  a
 state-wide  trails system. For the purposes of this subdivision "trails"
 shall include footpaths, bike ways,  snowmobile  trails,  horse  trails,
 cross  country  ski  trails,  roads and other rights-of-way suitable for
 hiking, strolling, cycling, horseback riding, skiing and other means  of
 motorized  and  non-motorized travel for recreational purposes and shall
 include combinations and systems of  trails,  including  connecting  and
 side  trails,  and  trails leading to scenic and recreational areas. The
 commissioner, with the approval of the  director  of  the  budget,  may,
 within  the  appropriations  made available by the legislature, purchase
 such abandoned railroad rights-of-way as can be used in  the  comprehen-
 sive  plan, and make improvements where necessary, in order to make them
 suitable and available for use as trails.
   (B) PROMULGATE RULES AND  REGULATIONS  ESTABLISHING  DESIGN  STANDARDS
 IDENTIFYING  BEST  PRACTICES  FOR,  INCLUDING  BUT NOT LIMITED TO, TRAIL
 DESIGN SPECIFICATIONS, ROAD CROSSING TREATMENTS, BICYCLE AND  PEDESTRIAN
 FACILITIES.
   (C) BE EMPOWERED TO DENY NEW TRAIL APPLICATIONS UNDER THE JURISDICTION
 OF  THE  OFFICE,  FOR  FAILING TO CONFORM WITH THE STANDARDS ESTABLISHED
 UNDER PARAGRAPH (A) OF THIS SUBDIVISION AND STATE THE REASONS  FOR  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13555-02-3

 S. 7806                             2
 
 DENIAL  TO  BE  ENUMERATED  WITH  A WRITTEN JUSTIFICATION WHICH SHALL BE
 POSTED PUBLICLY ONLINE.
   (D)  BE  EMPOWERED TO DENY APPLICATIONS FOR THE EXPANSION OR MODIFICA-
 TION OF TRAILS UNDER THE JURISDICTION OF  THE  OFFICE,  FOR  FAILING  TO
 CONFORM  WITH  THE  STANDARDS  ESTABLISHED  UNDER  PARAGRAPH (A) OF THIS
 SUBDIVISION AND STATE THE REASONS FOR SUCH DENIAL TO BE ENUMERATED  WITH
 A WRITTEN JUSTIFICATION WHICH SHALL BE POSTED PUBLICLY ONLINE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

2023-S7806A (ACTIVE) - Details

See Assembly Version of this Bill:: A8301
Current Committee:: Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Amd §§3.09 & 1.03, Pks & Rec L

2023-S7806A (ACTIVE) - Summary

Requires the office of parks, recreation and historic preservation to establish design standards for greenway rails and to manage applications for greenway trails.

2023-S7806A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7806A

SPONSOR: SERRANO
 
TITLE OF BILL:

An act to amend the parks, recreation and historic preservation law, in
relation to directing the office of parks, recreation and historic pres-
ervation to promulgate uniform design standards and manage applications
for greenway trails

 
PURPOSE:

Direct OPRHP to require that any Greenway trail established or modified
under its jurisdiction conform with design standards promulgated by the
office.

 
SUMMARY OF PROVISIONS:

Section 1 amends the parks, recreation and historical preservation law
to require that any new Greenway trail or existing Greenway trail
modification under the office's jurisdiction complies with design stand-
ards established by the office that identify best practices for trail

design and maintenance.

Section 2 defines Greenway trails.

Section 3 sets the effective date.

 
JUSTIFICATION:

The statewide system of Greenway trails provides New Yorkers and visi-
tors alike with access to outdoor recreation and non-motorized transpor-
tation. Trails generate economic activity across the state, with trail
users patronizing nearby businesses, restaurants, and retailers.

In 2017, OPRHP promulgated the Empire State Trail Design Guide to iden-
tify best practices for trail specifications, maintenance, and accessi-
bility. However, these guidelines are not uniformly followed, resulting
in accessibility issues and inconsistent, confusing signage on the
state's trails.

This bill would require new trails and any upgrades or modifications to
existing trails to conform to the standards promulgated by OPRHP.
Ensuring consistency across trails statewide would improve user experi-
ence and give people the sense that the trails compromise a unified
system. Improving the quality of the state's trails would encourage
their use, increasing access to outdoor recreation and to low-carbon
transportation options for New Yorkers.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become law.

2023-S7806A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7806--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 13, 2023
                                ___________
 
 Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on  Cultural Affairs, Tourism, Parks and Recreation in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the parks, recreation and historic preservation law,  in
   relation  to  directing  the  office of parks, recreation and historic
   preservation to promulgate uniform design standards and manage  appli-
   cations for greenway trails
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 7-a of section 3.09 of  the  parks,  recreation
 and  historic  preservation  law, as added by chapter 999 of the laws of
 1973, is amended to read as follows:
   7-a. (A) Promulgate a comprehensive plan for the  establishment  of  a
 state-wide  trails system. For the purposes of this subdivision "trails"
 shall include footpaths, bike ways,  snowmobile  trails,  horse  trails,
 cross  country  ski  trails,  roads and other rights-of-way suitable for
 hiking, strolling, cycling, horseback riding, skiing and other means  of
 motorized  and  non-motorized travel for recreational purposes and shall
 include combinations and systems of  trails,  including  connecting  and
 side  trails,  and  trails leading to scenic and recreational areas. The
 commissioner, with the approval of the  director  of  the  budget,  may,
 within  the  appropriations  made available by the legislature, purchase
 such abandoned railroad rights-of-way as can be used in  the  comprehen-
 sive  plan, and make improvements where necessary, in order to make them
 suitable and available for use as trails.
   (B) PROMULGATE RULES AND REGULATIONS ESTABLISHING DESIGN STANDARDS FOR
 GREENWAY TRAILS. SUCH DESIGN STANDARDS  SHALL  IDENTIFY  BEST  PRACTICES
 FOR,  INCLUDING  BUT  NOT  LIMITED TO, TRAIL DESIGN SPECIFICATIONS, ROAD

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13555-04-4

 S. 7806--A                          2
 
 CROSSING TREATMENTS, AND BICYCLE AND PEDESTRIAN FACILITIES.  SUCH DESIGN
 STANDARDS SHALL BE USED TO THE GREATEST EXTENT POSSIBLE TO GUIDE  DESIGN
 FOR  ANY  MULTIPLE  USE  BICYCLE AND PEDESTRIAN FACILITIES, RAIL TRAILS,
 CANALWAY TRAILS, OR OTHER GREENWAY TRAILS, AS SHALL BE DETERMINED BY THE
 OFFICE, WHICH IS ESTABLISHED OR IMPROVED ON STATE LAND OR USING STATE OR
 FEDERAL FUNDING.
   (C)  BE  EMPOWERED  TO  DENY NEW GREENWAY TRAIL APPLICATIONS UNDER THE
 JURISDICTION OF THE OFFICE, FOR FAILING TO CONFORM  WITH  THE  STANDARDS
 ESTABLISHED  UNDER  PARAGRAPH  (A)  OF  THIS  SUBDIVISION  AND STATE THE
 REASONS FOR SUCH DENIAL TO BE ENUMERATED WITH  A  WRITTEN  JUSTIFICATION
 WHICH SHALL BE POSTED PUBLICLY ONLINE.
   (D)  BE  EMPOWERED TO DENY APPLICATIONS FOR THE EXPANSION OR MODIFICA-
 TION OF GREENWAY TRAILS UNDER THE JURISDICTION OF THE OFFICE, FOR  FAIL-
 ING  TO  CONFORM  WITH  THE STANDARDS ESTABLISHED UNDER PARAGRAPH (A) OF
 THIS SUBDIVISION AND STATE THE REASONS FOR SUCH DENIAL TO BE  ENUMERATED
 WITH A WRITTEN JUSTIFICATION WHICH SHALL BE POSTED PUBLICLY ONLINE.
   (E)  BE  EMPOWERED  TO  DETERMINE  THAT, FOR ANY NEW TRAIL ESTABLISHED
 UNDER THE JURISDICTION OF THE OFFICE OR FOR ANY EXPANSION  OR  MODIFICA-
 TION OF EXISTING TRAILS UNDER THE JURISDICTION OF THE OFFICE, CONFORMITY
 TO  THE  STANDARDS  ESTABLISHED UNDER THIS SECTION IS INAPPROPRIATE, FOR
 REASONS WHICH SHALL BE ENUMERATED IN A WRITTEN JUSTIFICATION TO BE POST-
 ED PUBLICLY ONLINE.
   § 2.  Section 1.03 of the parks, recreation and historic  preservation
 law is amended by adding a new subdivision 19 to read as follows:
   19.  "GREENWAY  TRAIL" SHALL MEAN A SHARED-USE PATH, INCLUDING BUT NOT
 LIMITED TO ANY TRAIL LOCATED ON  FORMER  RAILROAD  RIGHTS-OF-WAY,  ALONG
 UTILITY  CORRIDORS,  OR  ALONG  FORMER CANAL TOWPATHS, THAT IS SEPARATED
 FROM ROADWAYS AND VEHICLE TRAFFIC, AND INCLUDES A MINIMUM TREAD WIDTH OF
 SIX FEET, A RELATIVELY FLAT, GRADED SURFACE AND/OR IMPROVED  TREAD,  AND
 WHICH CAN BE USED FOR NON-MOTORIZED TRANSPORTATION AND RECREATION.
   §  3.    This  act  shall take effect on the one hundred eightieth day
 after it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.