S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2001--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT,  GALEF, CORWIN, THIELE, KEARNS,
  WEPRIN, FINCH, STEC, COLTON, CAHILL, WALTER, DUPREY, ROSENTHAL, DiPIE-
  TRO, RAIA, SANTABARBARA, MONTESANO, LUPARDO,  OTIS,  BARRETT,  ABBATE,
  GUNTHER,  CERETTO -- Multi-Sponsored by -- M. of A. BARCLAY, BUCHWALD,
  CROUCH, LOPEZ, LUPINACCI,  McDONALD,  McDONOUGH,  QUART,  SCHIMMINGER,
  SOLAGES,  TITONE,  TITUS -- read once and referred to the Committee on
  Tourism, Parks, Arts and Sports  Development  --  recommitted  to  the
  Committee on Tourism, Parks, Arts and Sports Development in accordance
  with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the parks, recreation and historic preservation law,  in
  relation  to  establishing  the  New  York  state  park  adopt-a-trail
  stewardship program; and to amend the state finance law,  in  relation
  to establishing the state park adopt-a-trail stewardship program fund

  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:
  S 3.27 STATE PARK ADOPT-A-TRAIL STEWARDSHIP PROGRAM. 1. A. THE COMMIS-
SIONER  MAY ENTER INTO STEWARDSHIP AGREEMENTS WITH ANY PERSON OR PERSONS
FOR THE PURPOSES OF PRESERVING, MAINTAINING, OR  ENHANCING  A  TRAIL  OR
TRAILS  IN  STATE-OWNED  PARKS OR ANY PORTION THEREOF IN ACCORDANCE WITH
THE POLICIES OF THIS CHAPTER.
  B. IN HIS OR HER DISCRETION, THE COMMISSIONER MAY ESTABLISH  PERMANENT
OR TEMPORARY AGREEMENTS WITH PARKS' FRIENDS GROUPS OR OTHER LOCAL COMMU-
NITY NON-PROFIT GROUPS, SUCH AS PARKS' FRIENDS GROUPS, TO ADMINISTER THE
PROGRAM.  IF  MORE  THAN  ONE  GROUP  IS INTERESTED IN ADMINISTERING THE
PROGRAM, THE COMMISSIONER SHALL DEVELOP AN OPEN AND COMPETITIVE  PROCESS
TO SELECT THE BEST GROUP TO ADMINISTER THE PROGRAM.  FOR THE PURPOSES OF
THIS SECTION, "PARKS' FRIENDS GROUPS" ARE GENERALLY DEFINED AS NONPROFIT
ORGANIZATIONS THAT HAVE BEEN DESIGNATED AS 501(C)(3) ORGANIZATIONS UNDER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04315-03-6
              

A. 2001--A                          2

FEDERAL  LAW  ESTABLISHED  PRIMARILY  TO SUPPORT A SPECIFIC PARK AREA OR
GROUP OF PARKS.
  2.  THE  STEWARDSHIP  AGREEMENT  SHALL  PROVIDE THAT THE TRAIL AREA BE
PRESERVED AND MAINTAINED IN ITS NATURAL, CULTURAL AND  HISTORICAL  STATE
OR  MANAGED  TO ENHANCE OR RESTORE THE NATURAL, CULTURAL, HISTORICAL AND
HERITAGE VALUES IT PROVIDES, CONSISTENT  WITH  THE  PROVISIONS  OF  THIS
CHAPTER.    ACTIVITIES MAY INCLUDE:   REMEDIATION OF VANDALISM AND STORM
DAMAGE; DISPOSING OF  LITTER  AND  TRASH;  ESTABLISHING  OR  MAINTAINING
ACCESS  TO  NATURE  TRAILS;  PROVIDING  INTERPRETIVE SERVICES FOR SCHOOL
GROUPS AND OTHER CITIZENS; LAWN MAINTENANCE AND  TREE  TRIMMING;  PLANT-
INGS,  INSTALLATION,  REPAIR  OR  REPLACEMENT OF BENCHES, KIOSKS, PICNIC
TABLES AND SHELTERS; AND OTHERWISE PROVIDING POSITIVE  BENEFITS  TO  THE
TRAIL AREA.
  3.  STEWARDSHIP  AGREEMENT  WITH ANY PERSON OR PERSONS MAY PROVIDE FOR
ASSISTANCE OF PERSONNEL, FACILITIES AND SUPPLIES OF THE OFFICE  FOR  THE
PURPOSES  OF  SUPPORTING  APPROPRIATE  ACTIVITIES UNDER SUCH STEWARDSHIP
AGREEMENT, IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER.
  4. THE OFFICE SHALL ESTABLISH PROCEDURES BY WHICH A PERSON OR  PERSONS
MAY  APPLY  FOR  A  STEWARDSHIP  AGREEMENT, AND SHALL BE RESPONSIBLE FOR
WORKING WITH SUCH PERSONS TO IDENTIFY SPECIFIC SECTIONS OF A STATE-OWNED
PARK TRAIL AND SPECIFIC ACTIVITIES DEEMED APPROPRIATE FOR SUCH  STEWARD-
SHIP AGREEMENT. THE OFFICE MAY CONSIDER FACTORS SUCH AS SAFETY, ENVIRON-
MENTAL,  CULTURAL  AND  HISTORICAL  SENSITIVITY,  NEED,  COST, AND OTHER
FACTORS DEEMED RELEVANT IN DETERMINING WHICH TRAIL AREAS  OR  ACTIVITIES
MAY BE ELIGIBLE OR APPROPRIATE FOR A STEWARDSHIP AGREEMENT.
  5.  A.  THE OFFICE SHALL PROVIDE RECOGNITION OF THE STEWARDSHIP ACTIV-
ITIES BY DISPLAYING APPROPRIATE SIGNAGE, AS DESCRIBED IN PARAGRAPH B  OF
THIS  SUBDIVISION,  ON  OR  NEAR THE ADOPTED TRAIL AREA, AND MAY PROVIDE
RECOGNITION BY SUCH OTHER MEASURES AS IT MAY DETERMINE TO  BE  APPROPRI-
ATE,  INCLUDING  BUT  NOT  LIMITED  TO PRESS RELEASES, CERTIFICATES, AND
NEWSLETTERS.
  B. SPONSORSHIP MAY BE INDICATED BY HAVING HIKING  TRAIL  MARKER  SIGNS
THAT  DISPLAY THE NAME OF THE TRAIL SPONSOR. TRAIL SIGNS SHALL BE CIRCU-
LAR AND NOT BE MORE THAN FIVE INCHES IN DIAMETER, UNLESS  DEEMED  NECES-
SARY  TO  BE  LARGER  FOR  SAFETY REASONS OR IF THE SIGN IS AN IMPORTANT
MARKER SUCH AS THE FIRST SIGN OF THE TRAIL.   THE NAME  OF  THE  SPONSOR
SHALL  NOT  TAKE  UP MORE THAN TWENTY-FIVE PERCENT OF THE SIGN AND SHALL
NOT IMPEDE UPON THE OTHER INFORMATION DISPLAYED ON THE SIGN.   UPON  THE
EXPIRATION OF A TEMPORARY SPONSORSHIP AGREEMENT, THE TRAIL SPONSOR SHALL
BE  RESPONSIBLE  FOR  REMOVING  ALL  TRAIL MARKER SIGNS THAT DISPLAY THE
NAME.
  6. THE STEWARDSHIP AGREEMENT MAY BE MODIFIED IN SCOPE  OR  ALTERED  IN
ANY  OTHER MANNER AT THE SOLE DISCRETION OF THE OFFICE, NOT INCONSISTENT
WITH THE PROVISIONS OF THIS SECTION. THE PERSON OR  PERSONS  SHALL  HAVE
THE  OPTION  OF  RENEWING  THE  AGREEMENT SUBJECT TO THE APPROVAL OF THE
OFFICE  AND  THE  CONTINUATION  BY  THE  OFFICE  OF   THE   STATE   PARK
ADOPT-A-TRAIL STEWARDSHIP PROGRAM. THE OFFICE MAY IMMEDIATELY REMOVE THE
SIGNS  AND IT MAY TERMINATE THE AGREEMENT UPON THIRTY DAYS NOTICE, IF IN
ITS SOLE JUDGMENT IT FINDS AND DETERMINES THAT THE PERSON OR PERSONS ARE
VIOLATING THE TERMS AND CONDITIONS OF THE AGREEMENT.
  7. THE COMMISSIONER SHALL DETERMINE IN HIS OR  HER  DISCRETION,  WHICH
TRAILS  OR  PORTIONS  THEREOF  SHALL BE SPONSORED IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION. NOTHING IN THIS SECTION  SHALL  REQUIRE  THE
COMMISSIONER  TO  AUTHORIZE  THE  STEWARDSHIP OF ANY PARTICULAR TRAIL OR
PORTION THEREOF.

A. 2001--A                          3

  8. ANY FUNDS DESIGNATED TO FUND THE STEWARDSHIP PROGRAM ESTABLISHED BY
THIS SECTION SHALL BE HELD IN THE STATE PARK  ADOPT-A-TRAIL  STEWARDSHIP
PROGRAM FUND ESTABLISHED IN SECTION 97-WWWW OF THE STATE FINANCE LAW.
  9.  NO AGREEMENT ENTERED INTO PURSUANT TO THE STATE PARK ADOPT-A-TRAIL
STEWARDSHIP PROGRAM SHALL RESULT IN THE DISPLACEMENT  OF  ANY  CURRENTLY
EMPLOYED WORKER OR THE LOSS OF POSITION, INCLUDING THE PARTIAL DISPLACE-
MENT  SUCH  AS  REDUCTION  IN  THE HOURS OF NON-OVERTIME LABOR, WAGES OR
EMPLOYMENT BENEFITS, OR RESULT IN THE IMPAIRMENT OF EXISTING  COLLECTIVE
BARGAINING AGREEMENTS.
  S  2. The state finance law is amended by adding a new section 97-wwww
to read as follows:
  S 97-WWWW. STATE PARK ADOPT-A-TRAIL  STEWARDSHIP  PROGRAM  FUND.    1.
THERE  IS  HEREBY  ESTABLISHED  IN  THE JOINT CUSTODY OF THE STATE COMP-
TROLLER AND THE COMMISSIONER OF THE  OFFICE  OF  PARKS,  RECREATION  AND
HISTORIC  PRESERVATION  A  SPECIAL  FUND  TO  BE KNOWN AS THE STATE PARK
ADOPT-A-TRAIL STEWARDSHIP PROGRAM FUND.
  2. SUCH FUND SHALL CONSIST OF ALL MONEYS CREDITED OR TRANSFERRED THER-
ETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. MONEYS  IN  THE  FUND
SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS
IN THE CUSTODY OF THE COMPTROLLER.
  3.  MONEYS  OF  THE  FUND MAY BE EXPENDED FOR THE PURPOSES PROVIDED IN
SECTION 3.27 OF THE PARKS,  RECREATION  AND  HISTORIC  PRESERVATION  LAW
ACCORDING  TO THE REQUIREMENTS OF SUCH SECTION. MONEYS SHALL BE PAID OUT
OF THE FUND ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER ON  VOUCH-
ERS  CERTIFIED  OR  APPROVED BY THE COMMISSIONER OF THE OFFICE OF PARKS,
RECREATION AND HISTORIC PRESERVATION.
  4. THE FUND SHALL BE HELD WITHIN THE BUSINESS AND  LICENSING  SERVICES
ACCOUNT AS ESTABLISHED IN SECTION NINETY-SEVEN-Y OF THIS ARTICLE.
  S 3. This act shall take effect on the one hundred twentieth day after
it  shall  have  become a law; provided that, effective immediately, the
commissioner of the office of parks, recreation and  historic  preserva-
tion shall promulgate any rule or regulation necessary for the implemen-
tation of the provisions of this act on or before its effective date.