S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9794
 
                           I N  A S S E M B L Y
 
                             February 9, 2018
                                ___________
 
 Introduced  by M. of A. BARRETT -- read once and referred to the Commit-
   tee on Tourism, Parks, Arts and Sports Development
 
 AN ACT to amend the parks, recreation and historic preservation law,  in
   relation  to  establishing  an outdoor Rx program for outdoor environ-
   mental, ecological, agricultural,  or  other  natural  resource  based
   therapy  programs;  and to amend the state finance law, in relation to
   establishing the outdoor Rx program fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "outdoor Rx
 act".
   §  2. Legislative intent. Studies have shown that time outdoors can be
 a valuable adjunct therapy in addition to more traditional health  care,
 while also reducing reliance on prescription medication. The therapeutic
 benefits  of  time  spent  outdoors is clinically proven and is known to
 help reduce stress, improve concentration, and promote overall  well-be-
 ing,  both  physical  and  mental.  Outdoor-based  therapeutic programs,
 including adventure therapy, wilderness therapy, horticultural  therapy,
 walk-and-talk therapy, and other nature-oriented programs, are currently
 being used by mental health professionals and are shown to have benefits
 including reduction of stress, restoration of attention, and an improved
 sense  of  well-being.  Such outdoor programs aim to connect people with
 nature thereby proving to  be  particularly  beneficial  to  individuals
 undergoing a recovery process. Recognizing the healing benefits of outd-
 oor-based  therapeutic  programs to residents of the state, particularly
 veterans and individuals recovering from substance abuse or  a  physical
 or  mental  trauma,  the  legislature  supports  the establishment of an
 outdoor Rx program.
   § 3. The parks, recreation and historic preservation law is amended by
 adding a new article 18 to read as follows:
                                ARTICLE 18
                            OUTDOOR RX PROGRAM
 SECTION 18.01 OUTDOOR RX PROGRAM.
         18.03 OUTDOOR RX PROGRAM FUND.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13752-05-8

 A. 9794                             2
 
         18.05 USE OF FUNDS.
         18.07 ELIGIBILITY.
         18.09 ELIGIBILITY CRITERIA.
         18.11 PROGRAM SELECTION.
   § 18.01 OUTDOOR RX PROGRAM. 1. IN RECOGNITION OF THE GREAT THERAPEUTIC
 BENEFITS  OF OUTDOOR RECREATION, THE OUTDOOR RX PROGRAM IS HEREBY ESTAB-
 LISHED TO PROVIDE FUNDS FOR OUTDOOR ENVIRONMENTAL, ECOLOGICAL,  AGRICUL-
 TURAL,  OR  OTHER  NATURAL  RESOURCE  BASED THERAPY PROGRAMS SERVING THE
 CITIZENS OF THE STATE. THE COMMISSIONER SHALL  ESTABLISH  AND  IMPLEMENT
 THE PROGRAM TO PROVIDE GRANTS FOR OUTDOOR-BASED THERAPY PROGRAMS.
   2.  THE  COMMISSIONER  SHALL ESTABLISH AN ADVISORY COMMITTEE TO ASSIST
 AND ADVISE THE OFFICE IN  THE  DEVELOPMENT  AND  ADMINISTRATION  OF  THE
 OUTDOOR  RX  PROGRAM.  THE  COMMITTEE  SHALL  CONSIST  OF AT LEAST SEVEN
 MEMBERS APPOINTED AS FOLLOWS: AT  LEAST  ONE  MEMBER  APPOINTED  BY  THE
 COMMISSIONER  OF  PARKS,  RECREATION AND HISTORIC PRESERVATION; AT LEAST
 ONE MEMBER APPOINTED  BY  THE  NEW  YORK  STATE  DIRECTOR  OF  VETERANS'
 AFFAIRS;  AT  LEAST ONE MEMBER APPOINTED BY THE COMMISSIONER OF ENVIRON-
 MENTAL CONSERVATION; AT LEAST ONE MEMBER APPOINTED BY  THE  COMMISSIONER
 OF HEALTH; AT LEAST ONE MEMBER APPOINTED FROM THE BUSINESS COMMUNITY; AT
 LEAST  TWO MEMBERS APPOINTED FROM AN OUTDOOR ORGANIZATION; AND ANY OTHER
 MEMBERS THE COMMISSIONER DEEMS SUFFICIENT TO ENSURE A CROSS  SECTION  OF
 PARTICIPANTS.
   §  18.03 OUTDOOR RX PROGRAM FUND. 1. FUNDS DEPOSITED IN THE OUTDOOR RX
 PROGRAM FUND PURSUANT TO SECTION NINETY-NINE-BB OF THE STATE FINANCE LAW
 SHALL BE TRANSFERRED TO THE OFFICE TO BE USED SOLELY FOR THE OUTDOOR  RX
 PROGRAM PURPOSES IDENTIFIED IN THIS ARTICLE INCLUDING THE ADMINISTRATION
 OF  THE PROGRAM. THE OFFICE SHALL BE AUTHORIZED TO ACCEPT GIFTS, GRANTS,
 DONATIONS, OR MONEYS FROM ANY SOURCE  FOR  DEPOSIT  IN  THE  OUTDOOR  RX
 PROGRAM  FUND.  ANY  PUBLIC  AGENCY IN THIS STATE SHALL BE AUTHORIZED TO
 DEVELOP AND IMPLEMENT OUTDOOR RX PROGRAMS.  THE  COMMISSIONER  SHALL  BE
 AUTHORIZED  TO  MAKE  GRANTS  TO  PUBLIC  AGENCIES AND CONTRACT WITH ANY
 PUBLIC OR PRIVATE AGENCY OR PERSON TO DEVELOP AND IMPLEMENT  OUTDOOR  RX
 PROGRAMS.
   2. (A) THE COMMISSIONER SHALL ESTABLISH LIMITATIONS ON THE AVAILABILI-
 TY  AND  USE  OF  OUTDOOR  RX PROGRAM FUNDS; PROVIDED, HOWEVER, THAT ANY
 LIMITATIONS SHALL BE DEFINED IN THE APPLICATION PACKAGE. THE COMMISSION-
 ER SHALL ESTABLISH SUCH LIMITATIONS ONLY AFTER CONSIDERING  THE  FOLLOW-
 ING:
   (I)  CONSISTENCY  WITH THE PURPOSE OF THE OUTDOOR RX PROGRAM AS STATED
 IN SUBDIVISION ONE OF SECTION 18.01 OF THIS ARTICLE; AND
   (II) AVAILABILITY OF FUNDS.
   (B) THE COMMISSIONER SHALL BE AUTHORIZED TO DETERMINE THAT  APPLICANTS
 BE REQUIRED TO MAKE A MATCHING CONTRIBUTION TO BE ELIGIBLE FOR FUNDING.
   (C)  THE COMMISSIONER SHALL BE AUTHORIZED TO LIMIT THE AMOUNT OF FUND-
 ING AVAILABLE FOR ANY ELEMENT OF A PROGRAM.
   § 18.05 USE OF FUNDS. THE FOLLOWING CONDITIONS APPLY TO THE USE OF THE
 FUNDS:
   1. FOR EVERY FUNDED PROJECT, A CONTRACT SHALL BE EXECUTED ON BEHALF OF
 THE OFFICE AND BY THE FUNDING RECIPIENT. THE FUNDING RECIPIENT SHALL NOT
 BE REIMBURSED FOR COSTS INCURRED PRIOR TO THE EXECUTION OF THE  CONTRACT
 BY BOTH PARTIES.
   2.  THE  FUNDING  RECIPIENT FOR GRANTS UNDER THIS ARTICLE SHALL ENSURE
 THAT ALL PROGRAMS ARE IN ACCORDANCE WITH ANY TECHNICAL STANDARDS  ESTAB-
 LISHED BY THE OFFICE.
   3.  THE  FUNDING  RECIPIENT  SHALL  SUBMIT ANY REPORTS REQUIRED BY THE
 OFFICE AS DIRECTED IN THE FUNDING CONTRACT.

 A. 9794                             3
 
   4. THE FUNDING RECIPIENT SHALL AGREE TO AND  CERTIFY  COMPLIANCE  WITH
 ALL APPLICABLE FEDERAL AND STATE LAWS, REGULATIONS AND POLICIES.
   5.  FUNDING  RECIPIENTS  SHALL MAINTAIN ACCURATE ACCOUNTING RECORDS ON
 THE EXPENDITURE OF PROJECT FUNDS, PROVIDE THE OFFICE WITH  SUCH  RECORDS
 CONSISTENT  WITH THE AGREEMENT OR UPON REQUEST, AND PERMIT THE OFFICE TO
 AUDIT THE USE OF FUNDS IN ACCORDANCE WITH GENERALLY ACCEPTED AUDIT PRAC-
 TICES AND STANDARDS. THE OFFICE SHALL RESERVE THE RIGHT TO TERMINATE ITS
 PARTICIPATION IN ANY PROJECT WHICH FAILS TO  PERFORM  ACCORDING  TO  THE
 REQUIREMENTS OF THIS ARTICLE.
   6.  THE  OFFICE  SHALL BE AUTHORIZED TO ASSESS FEES TO PROGRAM PARTIC-
 IPANTS FOR PROGRAM SERVICES.
   § 18.07 ELIGIBILITY. 1. THE  COMMISSIONER  SHALL  SET  PRIORITIES  AND
 DEVELOP  CRITERIA  FOR  THE AWARDING OF GRANTS TO OUTDOOR ENVIRONMENTAL,
 ECOLOGICAL,  AGRICULTURAL,  OR  OTHER  NATURAL  RESOURCE-BASED   THERAPY
 PROGRAMS CONSIDERING AT LEAST THE FOLLOWING:
   (A)  PROGRAMS  THAT  UTILIZE  VETERANS  FOR  AT LEAST FIFTY PERCENT OF
 PROGRAM IMPLEMENTATION OR ADMINISTRATION;
   (B) PROGRAMS THAT CONTRIBUTE TO  HEALTHY  LIFESTYLES  THROUGH  OUTDOOR
 RECREATION;
   (C) PROGRAMS THAT WILL COMMIT MATCHING AND IN-KIND RESOURCES;
   (D)  PROGRAMS  THAT  CREATE PARTNERSHIPS WITH PUBLIC AND PRIVATE ENTI-
 TIES;
   (E) PROGRAMS THAT MAXIMIZE THE NUMBER  OF  PARTICIPANTS  THAT  CAN  BE
 SERVED, PARTICULARLY PARTICIPANTS WHO ARE VETERANS OR WHO ARE RECOVERING
 FROM SUBSTANCE ABUSE OR PHYSICAL OR MENTAL TRAUMA;
   (F) VARIOUS STATE PARKS AS VENUES AND USE OF THE OFFICE'S PERSONNEL AS
 A RESOURCE;
   (G) PROGRAMS THAT MAKE USE OF RESEARCH-BASED, EFFECTIVE ENVIRONMENTAL,
 ECOLOGICAL, AGRICULTURAL, OR OTHER NATURAL RESOURCE-BASED THERAPY;
   (H)  PROGRAMS THAT PROVIDE CITIZENS OF THE STATE WITH OPPORTUNITIES TO
 DIRECTLY EXPERIENCE AND UNDERSTAND NATURE AND THE NATURAL WORLD; AND
   (I) PROGRAMS THAT INCLUDE ONGOING PROGRAM EVALUATION, ASSESSMENT,  AND
 REPORTING OF THEIR EFFECTIVENESS.
   2.  (A) THE COMMISSIONER SHALL SELECT ACTIVITIES ELIGIBLE FOR FUNDING.
 SUCH ACTIVITIES MAY INCLUDE, BUT NEED NOT BE LIMITED TO, THE FOLLOWING:
   (I) OUTDOOR RECREATION;
   (II) OUTDOOR ENVIRONMENTAL STUDIES;
   (III) AGRICULTURAL;
   (IV) NATURAL RESOURCE BASED;
   (V) CONSERVATION;
   (VI) ECOLOGICAL; AND
   (VII) STEWARDSHIP OR RESTORATION.
   (B) THE FOLLOWING ACTIVITIES SHALL BE INELIGIBLE FOR FUNDING FROM  THE
 OUTDOOR RX PROGRAM:
   (I)  ACTIVITIES  THAT  MAY BE PERCEIVED TO LOBBY OR ADVOCATE FOR POLI-
 TICAL PURPOSES;
   (II) ACTIVITIES THAT ARE NOT  IN  COMPLIANCE  WITH  LOCAL,  STATE  AND
 FEDERAL LAWS; AND
   (III)  ORGANIZED  YOUTH  SPORTS  SUCH  AS A COMMUNITY LEAGUE OR SCHOOL
 TEAM.
   3. THE ADVISORY COMMITTEE SHALL  DEVELOP  AN  APPLICATION  FORM  WHICH
 ELIGIBLE APPLICANTS SHALL BE REQUIRED TO COMPLETE AND SUBMIT IN ORDER TO
 BE CONSIDERED FOR RECEIPT OF A GRANT UNDER THIS ARTICLE.
   §  18.09 ELIGIBILITY CRITERIA. THE FOLLOWING CRITERIA SHALL BE USED TO
 EVALUATE APPLICATIONS:
   1. PROPOSALS THAT PROVIDE FOR PUBLIC/PRIVATE PARTNERSHIPS;

 A. 9794                             4

   2. PROPOSALS THAT PROVIDE FOR INNOVATIVE WAYS TO INCREASE  THE  AVAIL-
 ABILITY AND USE OF OUTDOOR RECREATION FACILITIES;
   3.  PROPOSALS  WHICH SHOW CONSIDERATION FOR THE ECONOMICS OF INSTALLA-
 TION OR IMPLEMENTATION TO PROVIDE GREATEST COST BENEFIT RATIO, FOR EXAM-
 PLE, WHERE PRIVATE PARTIES CONTRIBUTE MORE THAN THE MINIMUM AMOUNT;
   4. PROGRAMS THAT COMMIT MATCHING AND IN-KIND RESOURCES;
   5. PROPOSALS THAT USE STATE PARK AND OTHER NATURAL RESOURCE VENUES AND
 PERSONNEL AS A RESOURCE;
   6. PROPOSALS THAT CONTRIBUTE TO  HEALTHY  LIFESTYLES  THROUGH  OUTDOOR
 RECREATION AND SOUND NUTRITION;
   7.  PROPOSALS  WHICH CONTRIBUTE TO THE STATEWIDE NETWORK OF FACILITIES
 OR PROGRAMS;
   8. PROPOSALS WHICH ENCOURAGE COMMUNITY INVOLVEMENT;
   9. PROPOSALS WHICH ENCOURAGE SOUND ENVIRONMENTAL PRACTICES;
   10. PROPOSALS THAT MAXIMIZE THE NUMBER OF  PARTICIPANTS  THAT  CAN  BE
 SERVED;
   11.  PROPOSALS  THAT  PROVIDE AN OPPORTUNITY TO EXPERIENCE THE OUT-OF-
 DOORS DIRECTLY AND UNDERSTAND NATURE AND THE NATURAL WORLD;
   12. PROPOSALS THAT INCLUDE ONGOING PROGRAM EVALUATION, ASSESSMENT  AND
 REPORTING OF THEIR EFFECTIVENESS;
   13.    PROGRAMS  THAT  MAKE  USE OF RESEARCH-BASED, EFFECTIVE ENVIRON-
 MENTAL, ECOLOGICAL, AGRICULTURAL, OR OTHER NATURAL RESOURCE-BASED THERA-
 PY; AND
   14. PROPOSALS WHICH DEMONSTRATE INNOVATIVE APPROACHES TO OUTDOOR-BASED
 THERAPY.
   § 18.11 PROGRAM SELECTION. 1. COMPLETED APPLICATIONS SHALL BE REVIEWED
 BY THE OFFICE TO DETERMINE ELIGIBILITY AND EVALUATED IN ACCORDANCE  WITH
 THE  PURPOSES,  ELIGIBILITY  REQUIREMENTS,  LIMITATIONS,  AND EVALUATION
 CRITERIA IN THIS ARTICLE.
   2. THE OFFICE SHALL CONSULT WITH AND CONSIDER THE  RECOMMENDATIONS  OF
 THE  ADVISORY COMMITTEE AND PRESENT FINAL RECOMMENDATIONS TO THE COMMIS-
 SIONER.
   3. THE COMMISSIONER  SHALL  MAKE  THE  FINAL  DECISION  ON  FUNDING  A
 PROJECT.
   § 4. The state finance law is amended by adding a new section 99-bb to
 read as follows:
   §  99-BB.  OUTDOOR RX PROGRAM FUND. 1.  THERE IS HEREBY ESTABLISHED IN
 THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND  FINANCE  AND  THE
 COMPTROLLER A FUND TO BE KNOWN AS THE "OUTDOOR RX PROGRAM FUND".
   2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT TO ARTI-
 CLE EIGHTEEN OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW  AND
 ALL  OTHER MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY
 OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS  SECTION
 SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
 THE FUND ACCORDING TO LAW.
   2-A. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMPTROLLER
 SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK-
 ER  OF  THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE AND CHAIR OF
 THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE AMOUNT OF MONEY DEPOSITED  IN
 THE  OUTDOOR  RX  PROGRAM FUND DURING THE PRECEDING CALENDAR YEAR AS THE
 RESULT OF REVENUE DERIVED PURSUANT TO ARTICLE  EIGHTEEN  OF  THE  PARKS,
 RECREATION  AND  HISTORIC  PRESERVATION  LAW  AND FROM GRANTS, GIFTS AND
 BEQUESTS.
   2-B. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSION-
 ER OF PARKS, RECREATION AND HISTORIC PRESERVATION SHALL PROVIDE A  WRIT-

 A. 9794                             5
 
 TEN  REPORT  TO  THE  TEMPORARY  PRESIDENT OF THE SENATE, SPEAKER OF THE
 ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE, CHAIR OF  THE  ASSEMBLY
 WAYS AND MEANS COMMITTEE, CHAIR OF THE SENATE COMMITTEE ON HEALTH, CHAIR
 OF  THE ASSEMBLY HEALTH COMMITTEE, THE STATE COMPTROLLER AND THE PUBLIC.
 SUCH REPORT SHALL INCLUDE HOW THE  MONIES  OF  THE  FUND  WERE  UTILIZED
 DURING THE PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
   (A)  THE  AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE PROCESS USED
 FOR SUCH DISBURSEMENTS;
   (B) RECIPIENTS OF GRANTS FROM THE FUND;
   (C) THE AMOUNT AWARDED TO EACH RECIPIENT;
   (D) THE PURPOSES FOR WHICH SUCH GRANTS WERE AWARDED; AND
   (E) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
 ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM  THE  PRIOR  FISCAL
 YEAR.
   3.  MONIES  OF THE FUND SHALL BE EXPENDED ONLY FOR OUTDOOR RX PROJECTS
 APPROVED BY THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVA-
 TION IN NEW YORK STATE.
   4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF PARKS, RECREATION AND HISTORIC PRESERVATION.
   5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER  OF  PARKS,  RECREATION
 AND HISTORIC PRESERVATION SHALL ENSURE THAT ALL MONIES RECEIVED DURING A
 FISCAL YEAR ARE EXPENDED PRIOR TO THE END OF THAT FISCAL YEAR.
   § 5. This act shall take effect immediately.