NY State Senate Bill 2023-S7807A

Senate Bill S7807A

2023-2024 Legislative Session

Requires the Office of Parks, Recreation and Historic Preservation to establish standards for the closing of trails on the Empire state trail

download bill text pdf

Current Bill Status - On Floor Calendar

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 20, 2024	amended on third reading 7807a
May 16, 2024	advanced to third reading
May 15, 2024	2nd report cal.
May 14, 2024	1st report cal.1135
Jan 03, 2024	referred to cultural affairs, tourism, parks and recreation
Dec 13, 2023	referred to rules

Votes

- May 14, 2024 - Cultural Affairs, Tourism, Parks And Recreation Committee Vote
  S7807A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Cultural Affairs, Tourism, Parks And Recreation Committee Vote: May 14, 2024
      
      aye (7)
      
      Cleare
      
      Cooney
      
      Helming
      
      Hinchey
      
      Scarcella-Spanton
      
      Serrano
      
      Tedisco

Bill Amendments

Original

A (Active)

2023-S7807 - Details

See Assembly Version of this Bill:: A8274
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Add §3.27, Pks & Rec L

2023-S7807 - Summary

Requires the office of Parks, Recreation and Historic Preservation to establish standards for the closing of segments of trails on the Empire state trail, and provide notice of such closings to the public.

2023-S7807 - Sponsor Memo

                                 
BILL NUMBER: S7807

SPONSOR: SERRANO
 
TITLE OF BILL:

An act to amend the parks, recreation and historic preservation law, in
relation to establishing standards for trail closures on the Empire
state trail

 
PURPOSE:

Bill to require the owner of a portion of the Empire State Trail that is
temporarily closed to establish a signed detour and to submit notice to
the commissioner of the office of parks, recreation and historical pres-
ervation, who shall post such notice on the offices website.

 
SUMMARY OF PROVISIONS:

Section. 1. Amends the parks, recreation and historic preservation law
by adding a new section 3.27.

Section 3.27a. Establishes that the owner of a portion of the Empire

State Trail shall keep such trail open when practicable.

Section 3.27b. Requires the owner of a portion of the Empire State Trail
that shall be closed to submit notice to the commissioner of the office
of parks, recreation and historical preservation of the closure and
planned detour, and to post appropriate signage.

Section 3.27c. Requires the commissioner to post. the notice received
pursuant to section 2b on the office's website.

Section 3. Sets the effective date.

 
JUSTIFICATION:

The Empire State Trail, established in 2017, is the longest single-
state, multi-use trail in the nation. The trail is utilized by nearly 10
million people each year, including many bicycle tourists who travel. to
New York specifically to experience the Empire State Trail. These tour-
ists patronize lodging, dining, and retail businesses along the trail.
Ensuring that the trail is reliable and safe benefits local businesses
and New Yorkers who rely on the trail for transportation and recreation.

At times, sections of the trail must be closed due to construction or
unsafe conditions. However, there is currently no requirement to estab-
lish a safe, marked alternate route to divert travelers around the
closed portion. The lack of a signed detour leaves travelers without
guidance on, how to resume use of the trail, causing confusion and
potential safety issues.

This legislation would require the establishment of a safe, marked
detour for travelers to utilize in the event of a trail closure. The
owner of the closed portion of the trail would be required to notify the
office of parks, recreation and historical preservation of the planned
closure, submit the planned detour route, and post signage to direct
trail users. The office must post notice of the closure and detour route
on its website for the convenience of trail users. This would ensure

that trail users can bypass closed sections and reconnect with the trail
as safely and efficiently as possible.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Unknown.

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

2023-S7807 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7807
 
                        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  establishing  standards for trail closures on the Empire
   state trail

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  parks,  recreation  and historic preservation law is
 amended by adding a new section 3.27 to read as follows:
   § 3.27 EMPIRE STATE TRAIL. 1. DEFINITIONS. FOR THE  PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "EMPIRE  STATE  TRAIL" SHALL MEAN THE EMPIRE STATE TRAIL NETWORK,
 INCLUDING THE HUDSON RIVER VALLEY GREENWAY,  ERIE  CANALWAY  TRAIL,  AND
 CHAMPLAIN  VALLEY  TRAIL,  MARKED  WITH  SIGNAGE  AND  IDENTIFIED ON THE
 OFFICE'S WEBSITE, AS WELL AS ANY FUTURE CORRIDORS TO BE INCLUDED IN  THE
 EMPIRE STATE TRAIL NETWORK; AND
   (B)  "MULTI-USE  TRAIL"  SHALL  MEAN  A  TRAIL ESTABLISHED PURSUANT TO
 SECTION 11-0329 OF THE ENVIRONMENTAL CONSERVATION LAW BY THE  DEPARTMENT
 OF  ENVIRONMENTAL CONSERVATION OR ESTABLISHED BY AN AFFILIATE OR SUBSID-
 IARY OF THE DEPARTMENT, OR A COUNTY, CITY,  TOWN,  VILLAGE,  OR  PRIVATE
 ENTITY FOR RECREATION AND TRANSPORTATION USE BY PEDESTRIANS, BICYCLISTS,
 AND/OR OTHERS UTILIZING NON-MOTORIZED TRANSPORT.
   2.  TRAIL  CLOSURES.  (A)  THE  OWNER  OF ANY SEGMENT OF NON-MOTORIZED
 MULTI-USE TRAIL DESIGNATED AS A PORTION OF THE EMPIRE STATE TRAIL  SHALL
 ENSURE  THAT SUCH SEGMENT OF TRAIL REMAINS OPEN WHEN PRACTICABLE FOR USE
 BY PEDESTRIANS, PERSONS OPERATING  A  BICYCLE,  SKATING  OR  GLIDING  ON
 IN-LINE  SKATES, OR OTHER TRAIL USERS AS ALLOWED BY STATE, LOCAL LAW, OR
 REGULATION.
   (B) IF ANY SEGMENT OF THE EMPIRE STATE TRAIL REQUIRES CLOSURE  DUE  TO
 CONSTRUCTION  OR TO ENSURE PUBLIC SAFETY, IT SHALL BE THE RESPONSIBILITY
 OF THE PUBLIC OR PRIVATE LANDOWNER OF SUCH SEGMENT OF TRAIL TO:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13561-01-3

 S. 7807                             2
 
   (I) SUBMIT TO THE COMMISSIONER  OR  THEIR  DESIGNEE,  NOTICE  OF  SUCH
 CLOSURE, THE DURATION OF SUCH CLOSURE, AND THE PLANNED DETOUR ROUTE; AND
   (II)  ENSURE  THAT SIGNAGE IS PROMINENTLY POSTED TO DIRECT TRAIL USERS
 ALONG THE DETOUR ROUTE.
   (C) THE COMMISSIONER OR THEIR DESIGNEE SHALL,  UPON  RECEIVING  NOTICE
 PURSUANT  TO  THIS SECTION, ENSURE SUCH TRAIL CLOSURE AND PLANNED DETOUR
 ROUTE IS POSTED ON THE OFFICE'S WEBSITE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

2023-S7807A (ACTIVE) - Details

See Assembly Version of this Bill:: A8274
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Add §3.27, Pks & Rec L

2023-S7807A (ACTIVE) - Summary

2023-S7807A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7807A

SPONSOR: SERRANO
 
TITLE OF BILL:

An act to amend the parks, recreation and historic preservation law, in
relation to establishing standards for trail closures on the Empire
state trail

 
PURPOSE:

To direct the office of parks, recreation and historical preservation to
coordinate with an owner of a portions of the Empire State Trail that is
temporarily closed to establish a signed detour and to post notice on
the office's website.

 
SUMMARY OF PROVISIONS:

Section 1. Amends the parks, recreation and historic preservation law by
adding a new section 3.27.

Section 3.27a. Establishes that the owner of a portion of the Empire

State Trail shall keep such trail open when practicable.

Section 3.27b. Requires OPRHP to coordinate with the owner of a portion
of the Empire State Trail that shall be closed to plan a detour route,
and to post appropriate signage.

Section 3.27c. Requires the commissioner to post the notice received
pursuant to section 2b on the office's website.

Section 3. Sets the effective date.

 
JUSTIFICATION:

The Empire State Trail, established in 2017, is the longest single-
state, multi-use trail in the nation. The trail is utilized by nearly 10
million people each year, including many bicycle tourists who travel to
New York specifically to experience the Empire State Trail. These tour-
ists patronize lodging, dining, and retail businesses along the trail.
Ensuring that the trail is reliable and safe benefits local businesses
and New Yorkers who rely on the trail for transportation and recreation.

At times, sections of the trail must be closed due to construction or
unsafe conditions. However, there is currently no requirement to estab-
lish a safe, marked alternate route to divert travelers around the
closed portion. The lack of a signed detour leaves travelers without
guidance on how to resume use of the trail, causing confusion and poten-
tial safety issues.

This legislation would require the establishment of a safe, marked
detour for travelers to utilize in the event of a trail closure. The
owner of the closed portion of the trail would be required to notify the
office of parks, recreation and historical preservation of the upcoming
closure. OPRHP shall, in collaboration with the owner, plan a detour
route, and post signage to direct trail users. The office must supply
the signage and post notice of the detour on its website for the conven-
ience of trail users. This would ensure that trail users can bypass

closed sections and reconnect with the trail as safely and efficiently
as possible.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect 160 days after it shall have become a law.

2023-S7807A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7807--A
     Cal. No. 1135
 
                        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 -- reported favorably from  said
   committee,  ordered  to  first  and  second report, ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order of third reading
 
 AN  ACT to amend the parks, recreation and historic preservation law, in
   relation to establishing standards for trail closures  on  the  Empire
   state trail
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The parks, recreation  and  historic  preservation  law  is
 amended by adding a new section 3.27 to read as follows:
   §  3.27  EMPIRE  STATE TRAIL. 1. DEFINITIONS. FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "EMPIRE STATE TRAIL" SHALL MEAN THE EMPIRE  STATE  TRAIL  NETWORK,
 INCLUDING  THE  HUDSON  RIVER  VALLEY GREENWAY, ERIE CANALWAY TRAIL, AND
 CHAMPLAIN VALLEY TRAIL,  MARKED  WITH  SIGNAGE  AND  IDENTIFIED  ON  THE
 OFFICE'S  WEBSITE, AS WELL AS ANY FUTURE CORRIDORS TO BE INCLUDED IN THE
 EMPIRE STATE TRAIL NETWORK; AND
   (B) "MULTI-USE TRAIL" SHALL  MEAN  A  TRAIL  ESTABLISHED  PURSUANT  TO
 SECTION  11-0329 OF THE ENVIRONMENTAL CONSERVATION LAW BY THE DEPARTMENT
 OF ENVIRONMENTAL CONSERVATION OR ESTABLISHED BY AN AFFILIATE OR  SUBSID-
 IARY  OF  THE  DEPARTMENT,  OR A COUNTY, CITY, TOWN, VILLAGE, OR PRIVATE
 ENTITY FOR RECREATION AND TRANSPORTATION USE BY PEDESTRIANS, BICYCLISTS,
 AND/OR OTHERS UTILIZING NON-MOTORIZED TRANSPORT.
   2. TRAIL CLOSURES. (A) THE  OWNER  OF  ANY  SEGMENT  OF  NON-MOTORIZED
 MULTI-USE  TRAIL DESIGNATED AS A PORTION OF THE EMPIRE STATE TRAIL SHALL
 ENSURE THAT SUCH SEGMENT OF TRAIL REMAINS OPEN WHEN PRACTICABLE FOR  USE
 BY  PEDESTRIANS,  PERSONS  OPERATING  A  BICYCLE,  SKATING OR GLIDING ON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13561-03-4
 S. 7807--A                          2
 
 IN-LINE SKATES, OR OTHER TRAIL USERS AS ALLOWED BY STATE, LOCAL LAW,  OR
 REGULATION.
   (B)  IF  ANY SEGMENT OF THE EMPIRE STATE TRAIL REQUIRES CLOSURE DUE TO
 CONSTRUCTION OR TO ENSURE PUBLIC SAFETY, IT SHALL BE THE  RESPONSIBILITY
 OF  THE  PUBLIC  OR  PRIVATE LANDOWNER TO NOTIFY THE COMMISSIONER OR THE
 COMMISSIONER'S DESIGNEE OF SUCH CLOSURE. THE COMMISSIONER OR THE COMMIS-
 SIONER'S DESIGNEE SHALL, UPON RECEIVING NOTICE PURSUANT TO THIS SECTION,
 COORDINATE WITH THE OWNER TO PLAN A DETOUR ROUTE AND TO PROMINENTLY POST
 SIGNAGE ALONG SUCH ROUTE FOR THE DURATION OF THE CLOSURE. THE DEPARTMENT
 SHALL PROVIDE ALL NECESSARY SIGNAGE.
   (C) THE COMMISSIONER OR THEIR DESIGNEE SHALL,  UPON  RECEIVING  NOTICE
 PURSUANT  TO  THIS SECTION, ENSURE SUCH TRAIL CLOSURE AND PLANNED DETOUR
 ROUTE IS POSTED ON THE OFFICE'S WEBSITE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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