S T A T E O F N E W Y O R K
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2533
2009-2010 Regular Sessions
I N S E N A T E
February 23, 2009
___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Cultural Affairs, Tourism,
Parks and Recreation
AN ACT to amend the economic development law, in relation to preparing a
report on the economic impact of ATV-related tourism in the state of
New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The economic development law is amended by adding a new
section 167 to read as follows:
S 167. REPORT ON THE ECONOMIC IMPACT OF ATV-RELATED TOURISM. 1.
LEGISLATIVE INTENT. THE LEGISLATURE HEREBY FINDS AND DECLARES THAT
RIDING ALL TERRAIN VEHICLES (ATVS) HAS BECOME A POPULAR OUTDOOR RECRE-
ATIONAL ACTIVITY IN NEW YORK STATE. HOWEVER, THE LACK OF LEGAL RIDING
OPPORTUNITIES AND NEARLY NON-EXISTENT STATE FUNDING ASSISTANCE FOR ATV-
RELATED ISSUES MAY LIMIT THE ECONOMIC AND TOURISM POTENTIAL OF ATVS IN
NEW YORK STATE. THEREFORE, IT IS IMPERATIVE THAT THE STATE IMPLEMENT AN
ATV ECONOMIC IMPACT STUDY SO THAT STATE AND LOCAL OFFICIALS HAVE ALL
PERTINENT INFORMATION WHEN MAKING ATV-RELATED DECISIONS. A COMPREHENSIVE
STATEWIDE STUDY REGARDING THE TOURISM, ECONOMIC AND ENVIRONMENTAL
IMPACTS OF ATV-RELATED RECREATION WOULD BE A VALUABLE TOOL FOR PUBLIC
POLICY MAKERS AND DEPARTMENT ADMINISTRATORS IN NEW YORK STATE. ADDI-
TIONALLY, ANY STUDY OF ATV USE MUST ALSO EXAMINE THE ENVIRONMENTAL
IMPACTS OF ATVS, INCLUDING ENFORCEMENT ISSUES, REPAIR AND REMEDIATION,
AS WELL AS POSSIBLE CONFLICTS WITH OTHER USER GROUPS.
THE LEGISLATURE ALSO FINDS THAT NON-ATV, NON-MOTORIZED RECREATIONAL
ACTIVITIES HAVE A POSITIVE IMPACT ON THE STATE'S TOURISM AND ECONOMY,
AND THEREFORE, THIS STUDY WILL ALSO SEEK TO EXAMINE THE ECONOMIC IMPACT
OF POTENTIAL DECREASE IN NON-MOTORIZED TOURISM DUE TO CONFLICTS BETWEEN
NON-MOTORIZED USER GROUPS AND ATV USERS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06469-01-9
S. 2533 2
2. REPORT ON ECONOMIC AND ENVIRONMENTAL IMPACTS OF ATV USE AND MOTOR-
IZED RECREATION. THE TASK FORCE ON ATV IMPACTS, AS CREATED IN SUBDIVI-
SION THREE OF THIS SECTION, SHALL CAUSE TO BE PREPARED BY CONTRACT WITH
A QUALIFIED, INDEPENDENT ENTITY A REPORT ON THE ECONOMIC AND ENVIRON-
MENTAL IMPACTS OF ATV AND OFF-HIGHWAY RECREATIONAL VEHICLE RELATED
RECREATION AND ASSOCIATED RECREATION IN NEW YORK STATE. SUCH REPORT
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
(A) THE NUMBER OF ATVS REGISTERED IN THE STATE OF NEW YORK, AND TO THE
EXTENT FEASIBLE THE NUMBER OF UNREGISTERED ATVS IN THE STATE; AND THE
NUMBER OF ATV AND OFF-HIGHWAY RECREATIONAL VEHICLE PARTICIPANTS IN NEW
YORK STATE, INCLUDING A BREAKDOWN OF RESIDENT AND NON-RESIDENT ATV AND
OFF-HIGHWAY RECREATIONAL VEHICLE PARTICIPANTS, COUNTY OF RESIDENCE FOR
RESIDENT PARTICIPANTS, AND THE COUNTY OR COUNTIES VISITED BY NON-RESI-
DENTIAL ATV PARTICIPANTS;
(B) TO THE EXTENT FEASIBLE, THE FREQUENCY OF CURRENT PARTICIPATION OF
ATV AND OFF-HIGHWAY RECREATIONAL VEHICLE PARTICIPANTS AND HOW MUCH MONEY
THEY SPEND ON THEIR ACTIVITIES INCLUDING, BUT NOT LIMITED TO, EXPENDI-
TURES ON FUEL, EQUIPMENT AND MAINTENANCE, LODGING, FOOD AND GUIDE
SERVICES;
(C) TO THE EXTENT FEASIBLE, THE COSTS ASSOCIATED WITH ATV USAGE,
INCLUDING BUT NOT LIMITED TO, STATE AND LOCAL ENFORCEMENT OF LEGAL AND
ILLEGAL ATV USE ON PUBLICLY AND PRIVATELY OWNED LANDS AND ROADS; THE
COSTS AND EXPENSES OF REPAIRING OR REMEDIATING THE ENVIRONMENTAL AND
NATURAL RESOURCE IMPACTS AND DAMAGES CAUSED BY LEGAL OR ILLEGAL ATV USE
ON PUBLIC AND PRIVATELY OWNED LANDS, INCLUDING AN EXAMINATION OF HOW
THESE COSTS MAY OR MAY NOT BE OFFSET BY A PROPERLY MAINTAINED AND OPER-
ATED SYSTEM OF ATV TRAILS; THE COSTS AND POTENTIAL LOST REVENUES AND
EXPENDITURES ASSOCIATED WITH INCREASING OR DECREASING THE NUMBER OF
NON-MOTORIZED VISITORS TO PUBLIC LANDS AND PARKS WHERE ATV USE IS PREVA-
LENT OR PROPOSED DUE TO USER CONFLICTS AND RESOURCE DEGRADATION; AND
HEALTHCARE COSTS ASSOCIATED WITH THE TREATMENT OF ATV-RELATED INJURIES,
INCLUDING POLICE AND AMBULANCE SERVICES;
(D) THE PLACE OF RESIDENCE OF NON-ATV, NON-MOTORIZED USERS OF STATE
LANDS, INCOME, DURATION OF VISIT, SPENDING PATTERNS, DEMOGRAPHIC AND
ECONOMIC PROFILE, REASONS THEY CHOSE TO RECREATE IN THE STATE, COUNTIES,
AND REGIONS IN WHICH THEY RECREATE AND INFORMATION ON OTHER ACTIVITIES
IN WHICH THEY PARTICIPATE BEFORE AND AFTER THEIR PARTICULAR RECREATIONAL
ACTIVITY. FOR PURPOSES OF THIS SECTION, NON-MOTORIZED USERS SHALL
INCLUDE: HIKING, CAMPING, MOUNTAIN BIKING, PADDLING, FISHING, BIRDWATCH-
ING, HUNTING, HORSEBACK RIDING, NATURE STUDY, AND CROSS-COUNTRY SKIING;
(E) THE PLACE OF RESIDENCE OF NON-RESIDENT ATV PARTICIPANTS, INCOME,
DURATION OF VISIT, SPENDING PATTERNS, DEMOGRAPHIC AND ECONOMIC PROFILE,
REASONS THEY CHOSE TO RECREATE IN THE STATE, COUNTIES AND REGIONS IN
WHICH THEY RECREATE AND INFORMATION ON OTHER ACTIVITIES IN WHICH THEY
PARTICIPATE BEFORE, DURING AND AFTER ATV USE;
(F) AN ESTIMATE OF THE NUMBER OF JOBS THAT ARE SUPPORTED BY ATV AND
OFF-HIGHWAY RECREATIONAL VEHICLE PARTICIPANTS AS WELL AS THE AMOUNT OF
SALES TAX AND INCOME TAX GENERATED BY RESIDENT AND NON-RESIDENT ATV AND
OFF-HIGHWAY RECREATIONAL VEHICLE PARTICIPANTS; AS WELL AS POTENTIAL
FUTURE INCREASES IN REVENUE BY PROMOTING A LEGAL ATV RIDING SYSTEM IN
NEW YORK STATE AND SUBSEQUENT LOSS OF REVENUE BY NOT HAVING A TRAIL
SYSTEM;
(G) AN ESTIMATE OF THE VALUE OF TOURISM DOLLARS GENERATED IN NEW YORK
STATE FROM NON-ATV RELATED, NON-MOTORIZED RECREATIONAL ACTIVITIES AND
HOW SUCH NON-ATV RELATED TOURISM MAY BE AFFECTED BY ATV-RELATED RESOURCE
DEGRADATION, AND USER CONFLICTS BETWEEN ATV AND NON-ATV USERS;
S. 2533 3
(H) A SUMMARY OF THE PERCEPTIONS OF ATV PARTICIPANTS REGARDING AMEN-
ITIES IN THE STATE, POSITIVE/NEGATIVE ASPECTS OF THEIR EXPERIENCES AND
IMPROVEMENTS THAT COULD BE MADE TO ENCOURAGE THEM TO RETURN AND/OR
INCREASE VISIT DURATION;
(I) A SUMMARY OF THE PERCEPTIONS OF NON-MOTORIZED RECREATIONISTS AND
PRIVATE PROPERTY OWNERS REGARDING ATV AND MOTORIZED RECREATION AND HOW
ATV USE AND ATV-RELATED RESOURCE DEGRADATION MAY OR MAY NOT LIMIT THEIR
DURATION OF VISITS AND IMPACT THE MONEY THAT THEY SPEND ON EQUIPMENT,
LODGING, FOOD AND GUIDE SERVICES;
(J) THE COST OF ADMINISTERING A STATE-FUNDED ATV RIDING SYSTEM,
INCLUDING BUT NOT LIMITED TO, ADDITIONAL STATE AGENCY STAFF NEEDS TO
ADMINISTER SAID ATV RIDING SYSTEM AND PROPOSED STATEWIDE ATV SAFETY AND
ENVIRONMENTAL STEWARDSHIP COURSE, INCREASED ENFORCEMENT COSTS OF STATE
AND LOCAL LAW ENFORCEMENT AGENCIES, THE COSTS AND EXPENSES OF REPAIRING
AND REMEDIATING THE ENVIRONMENTAL AND NATURAL RESOURCE IMPACTS AND
DAMAGES CAUSED BY ATV USE ASSOCIATED WITH CREATING OPPORTUNITIES FOR ATV
RIDING; AND INSURANCE COSTS;
(K) A QUALITATIVE ANALYSIS OF THE IMPACTS OF ATV-RELATED RECREATION,
INCLUDING, BUT NOT LIMITED TO, THOSE CONCERNING ENFORCEMENT AND SAFETY
ISSUES; PERCEPTIONS OF CHANGES TO THE RURAL CHARACTER OF THE REGIONS IN
WHICH LEGAL ATV RECREATION IS PREVALENT; DAMAGE BY LEGAL AND ILLEGAL USE
TO PUBLIC AND PRIVATE PROPERTY AND THE ENVIRONMENT, INCLUDING AN EXAM-
INATION OF HOW SUCH DAMAGE MAY OR MAY NOT BE OFFSET IF THERE WAS A STATE
POLICY THAT PROMOTED PROPERLY MAINTAINED AND OPERATED SYSTEM OF ATV
TRAILS; USER CONFLICTS BETWEEN ATV RIDERS AND NON-MOTORIZED OUTDOOR
ENTHUSIASTS UTILIZING PUBLIC LANDS, INCLUDING AN EXAMINATION OF HOW
THESE CONFLICTS MAY OR MAY NOT BE OFFSET IF THERE WAS A STATE POLICY
THAT PROMOTED A PROPERLY MAINTAINED AND OPERATED SYSTEM OF ATV TRAILS;
DISPLACEMENT OF NON-MOTORIZED OUTDOOR ENTHUSIASTS USING PUBLIC LANDS,
INCLUDING AN EXAMINATION OF HOW SUCH DISPLACEMENT MAY OR MAY NOT BE
OFFSET IF THERE WAS A STATE PLAN THAT ALLOWED FOR A SEGREGATED AND PROP-
ERLY MAINTAINED AND OPERATED SYSTEM OF ATV TRAILS; THE AIR POLLUTION,
SMOG AND CARBON EMISSION INCREASES ASSOCIATED WITH CREATING OPPORTU-
NITIES FOR ATV RIDING; IMPACTS ON VEHICULAR TRAFFIC FLOWS AND OTHER
POSITIVE/NEGATIVE QUALITATIVE IMPACTS;
(L) RECOMMENDATIONS REGARDING THE POSSIBILITY OF PLANNING AND MANAGE-
MENT OF FUTURE ATV USE ON PUBLIC AND PRIVATE LAND EXCLUDING THE STATE
FOREST PRESERVE, INCLUDING THE EXPERIENCE, SUCCESSES AND FAILURES OF
OTHER STATES AND REGIONS. SUCH RECOMMENDATIONS SHALL INCLUDE THE BEST
PRACTICES OF OTHER STATES, REGIONS AND COMMUNITIES TO DETERMINE HOW THEY
HAVE EFFECTIVELY DEALT WITH ATV USE IN A WAY TO MAXIMIZE THE ECONOMIC
BENEFIT WHILE MITIGATING AND MINIMIZING NEGATIVE IMPACTS; PROBLEMS THAT
OTHER STATES HAVE ENCOUNTERED IN RELATION TO ADMINISTERING AN ATV TRAIL
SYSTEM; AN ANALYSIS AND RECOMMENDATION IN REGARDS TO THE POTENTIAL OF
INCREASING ATV REGISTRATION FEES AND DEDICATING A PORTION OF SUCH FEES
TO A PROPERLY MAINTAINED AND OPERATED SYSTEM OF ATV TRAILS, AND A
PORTION OF SUCH FEES TO ENFORCEMENT AND REMEDIATION INCLUDING IDENTIFY-
ING THE VALUE OF COSTS OFFSET BY VOLUNTEER LABOR FROM GROUPS THAT
UTILIZE ATV TRAILS;
(M) AN ANALYSIS OF THE ATV-RELATED PROGRAMS BEING UTILIZED BY OTHER
ATV GROUPS THROUGHOUT THE COUNTRY TO ADDRESS IDENTIFIED ISSUES OF LEGAL,
ENVIRONMENTAL, EDUCATIONAL AND SAFETY RELATED CONCERNS TO ATV RECRE-
ATION; AND
(N) RECOMMENDATIONS EXAMINING THE FEASIBILITY OF IMPLEMENTING A MANDA-
TORY STATEWIDE ATV SAFETY AND ENVIRONMENTAL STEWARDSHIP COURSE FOR ALL
S. 2533 4
NEWLY REGISTERED ATVS SOLD IN NEW YORK STATE, EXCEPT FOR ATVS THAT ARE
EXEMPT FROM REGISTRATION.
3. ATV IMPACT TASK FORCE. (A) WITHIN EIGHTEEN MONTHS, UPON REVIEW BY
THE ATV IMPACT TASK FORCE, THE REPORT SHALL BE SUBMITTED TO THE GOVERNOR
AND TO THE LEGISLATURE, INCLUDING THE CHAIRS OF THE ASSEMBLY WAYS AND
MEANS COMMITTEE, ENVIRONMENTAL CONSERVATION COMMITTEE, TOURISM, ARTS AND
SPORTS DEVELOPMENT COMMITTEE, AND THE ECONOMIC DEVELOPMENT COMMITTEE, AS
WELL AS THE CHAIRS OF THE SENATE FINANCE COMMITTEE, ENVIRONMENTAL
CONSERVATION COMMITTEE, TOURISM, RECREATION AND SPORTS DEVELOPMENT
COMMITTEE, AND COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS COMMIT-
TEE. A COPY OF THE RESULTS OF THIS REPORT SHALL BE MADE AVAILABLE TO THE
PUBLIC AND POSTED ON THE OFFICIAL WEBSITES OF THE AGENCIES CHARGED WITH
CONDUCTING THE REPORT.
(B) THE ATV IMPACT TASK FORCE SHALL CONSIST OF FOURTEEN MEMBERS AND
SHALL INCLUDE: THE COMMISSIONER OR HIS OR HER DESIGNEE; THE COMMISSIONER
OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OR HIS OR HER DESIGNEE;
THE COMMISSIONER OF THE DEPARTMENT OF MOTOR VEHICLES OR HIS OR HER
DESIGNEE; THE COMMISSIONER OF THE DEPARTMENT OF TRANSPORTATION OR HIS OR
HER DESIGNEE; THE EXECUTIVE DIRECTOR OF THE ADIRONDACK PARK AGENCY OR
HIS OR HER DESIGNEE; THE COMMISSIONER AND THE COMMISSIONER OF ENVIRON-
MENTAL CONSERVATION SHALL SELECT THE TASK FORCE'S NINE AT LARGE MEMBERS
FROM EACH OF THE FOLLOWING: THE NEW YORK STATE OFF-HIGHWAY RECREATIONAL
VEHICLE ASSOCIATION, AN ATV OR MOTORIZED RECREATIONAL VEHICLE MANUFAC-
TURER, AN ATV OR MOTORIZED RECREATIONAL VEHICLE DEALER, A LOCAL ATV
CLUB, THE ASSOCIATION OF TOWNS, THE ADIRONDACK MOUNTAIN CLUB, THE
ADIRONDACK COUNCIL, THE SIERRA CLUB, AND THE FARM BUREAU OR AMERICAN
FARMLAND TRUST.
(C) THE TASK FORCE'S DUTIES SHALL INCLUDE BUT NOT BE LIMITED TO:
DISCUSS EXPECTATIONS FOR THE REPORT ON THE ECONOMIC AND ENVIRONMENTAL
IMPACTS OF ATV USE AND MOTORIZED RECREATION; DETERMINE THE PREFERRED
INDEPENDENT CONTRACTOR TO CONDUCT SAID REPORT; REVIEW AND DETERMINE IF
THE FINAL REPORT IS COMPLETE AND ACCEPTABLE TO THE MEMBERS OF THE TASK
FORCE BEFORE IT IS DISTRIBUTED AS SET FORTH IN THIS SECTION.
(D) THE COMMISSIONER AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVA-
TION OR THEIR RESPECTIVE DESIGNEES WILL SERVE AS CO-CHAIRS OF THE TASK
FORCE.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, effective immediately the depart-
ment of economic development is authorized to promulgate any and all
rules and regulations and take any other measures necessary to implement
this act on its effective date.