NY State Senate Bill 2019-S1166

Senate Bill S1166

2019-2020 Legislative Session

Provides for the designation of geologically significant areas, territories and sites throughout the state, and for the establishment of a state geological trail

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to environmental conservation
Jan 11, 2019	referred to environmental conservation

2019-S1166 (ACTIVE) - Details

See Assembly Version of this Bill:: A2437
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 49 Title 5 §§49-0501 - 49-0505, En Con L; amd §100, Ec Dev L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7476, A9881
2017-2018: S967, A1505
2021-2022: A4328

2019-S1166 (ACTIVE) - Summary

Provides for the designation of geologically significant areas, territories and sites throughout the state, and for the establishment of a state geological trail.

2019-S1166 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1166

SPONSOR: FUNKE
 
TITLE OF BILL:

An act to amend the environmental conservation law and the economic
development law, in relation to establishing a state geological trail

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will designate geoparks and other sites, as well as establish
a state geological trail. The purpose of such trail shall be to identify
and promote such areas, territories, and sites to the public, and
promote the economic, scientific, cultural, and conservation aspects
thereof

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill will amend the environmental conservation law to allow the
designation of geoparks and other sites and establish a state geological
trail. A "geopark" is defined as an area or territory of that state

encompassing one or more sites of scientific importance, for not only
geological reasons but also by virtue of their archeological, ecologi-
cal, and cultural value. Specific areas, territories, and sites within
the state will be studied and then designated as geoparks by the commis-
sioner. Each designated area shall have a management plan designed to
foster socio-economic development that is sustainable, as well as estab-
lished methods for conserving and enhancing its geological heritage.

The environmental conservation law will also be amended to create a
state geological planning board consisting of the commissioners of the
Department of Environmental Conservation, Commerce, and the Office of
Parks, Recreation, and Historic Preservation and two individuals
appointed by the Governor who shall include one citizen who has been
engaged in trail planning and/or management, and one who teaches geology
and/or is a geology professional. The Speaker of the Assembly and the
Majority Leader of the Senate shall appoint two citizens each with expe-
rience in the fields of ecology, conservation, and/or trail planning.
Each public member of the board shall serve for four years and the
Commissioner of the DEC shall chair the board.

The economic development law will be amended by adding a subdivision to
the general powers of the department in order for the commissioner to be
able to implement the state geological trail and designate geoparks.

 
JUSTIFICATION:

There is an abundance of naturally and culturally significant geological
sites in New York that provide an excellent opportunity for tourism in
the state. These geological sites are what form the state's special
landscapes and provide considerable natural, aesthetic, recreational,
and symbolic importance to New York's residents and visitors alike.

The science of geology is particularly salient in the State of New York.
Geologists assisted in the development of the Erie Canal, as well as the
development of the state's natural drinking water sources. Geology has
real implications for New Yorkers and this state geological trail is a
tool that can be used to highlight them.

New York State has several landmark geological sites including Niagara
Falls, Letchworth Gorge, and both the Adirondack and Catskill Parks.
These, along with the numerous other geological sites in the state
should be highlighted by the creation of the state geological trail.
Tourists would be drawn to such a distinguished and comprehensive
geological trail and it could be connected in such a fashion that allows
for a rewarding educational experience. Such a connected trail system
would strengthen the recreational well-being of the state of New York
and create an enhanced outdoor experience for recreational visitors.

 
PRIOR LEGISLATIVE HISTORY:

S.7476A/A.9881A of 2016; Advanced to Third Reading

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S1166 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1166
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental  conservation  law  and  the  economic
   development law, in relation to establishing a state geological trail

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent. The state of New  York  is
 distinguished  by  its  unique  and  multiple  geological resources like
 Niagara Falls, Letchworth Gorge, and the Adirondack and Catskill  parks.
 Geological resources give the state special landscapes with considerable
 natural,  cultural,  economic,  aesthetic,  recreational,  touristic and
 symbolic importance to the people of  the  state  and  visitors  to  the
 state.  Geologists played an important role in developing the landscapes
 of the state, including the planning of the Erie Canal  and  undertaking
 geological surveys and mapping. The legislature finds that it is time to
 recognize  the  geological resources of the state and to utilize them to
 foster conservation awareness and education. Geological resources can be
 connected in a trail system that will strengthen the social and economic
 well-being of the people of the  state.  Geological  trails  can  be  an
 educational  resource  that  will make the outdoors more interesting and
 rewarding. Therefore, it is the intent of the  legislature  to  organize
 the  planners,  educators  and  conservationists to plan and execute the
 establishment of geological trails with interpretive features across the
 width and breadth of the state.
   § 2. Article 49 of the environmental conservation law  is  amended  by
 adding a new title 5 to read as follows:
                                  TITLE 5
                          STATE GEOLOGICAL TRAIL
 SECTION 49-0501. DESIGNATION OF GEOPARKS AND OTHER SITES.
         49-0503. ESTABLISHMENT OF STATE GEOLOGICAL TRAIL.
         49-0505. STATE GEOLOGICAL PLANNING AND MANAGEMENT BOARD.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06885-01-9

 S. 1166                             2
 
 § 49-0501. DESIGNATION OF GEOPARKS AND OTHER SITES.
   1. FOR THE PURPOSES OF THIS TITLE, A "GEOPARK" IS AN AREA OR TERRITORY
 OF  THE  STATE  ENCOMPASSING ONE OR MORE SITES OF SCIENTIFIC IMPORTANCE,
 FOR NOT ONLY GEOLOGICAL REASONS BUT ALSO BY VIRTUE OF THEIR ARCHAEOLOGI-
 CAL, ECOLOGICAL AND CULTURAL VALUE.
   2. THE COMMISSIONER SHALL STUDY AND DESIGNATE AREAS,  TERRITORIES  AND
 SITES  WITHIN  THE STATE WHICH CONSTITUTE GEOPARKS AND OTHER SITES WHICH
 HAVE GEOLOGICAL SIGNIFICANCE. SUCH GEOPARKS AND SITES MAY  INCLUDE,  BUT
 NOT BE LIMITED TO:
   A.  CAYUGA  HEIGHTS,  ALONG  STATE  ROUTE THIRTY-FOUR IN THE COUNTY OF
 TOMPKINS;
   B. CASCADILLA CREEK, ALONG UNIVERSITY AVENUE IN THE  CITY  OF  ITHACA,
 COUNTY OF TOMPKINS;
   C.  ITHACA  FALLS PARK FALL CREEK, ALONG LINCOLN STREET IN THE CITY OF
 ITHACA, COUNTY OF TOMPKINS;
   D. TAUGHANNOCK FALLS STATE PARK, IN THE COUNTY OF TOMPKINS;
   E. NIAGARA RIVER GORGE AND POWER PLANT HAUL ROAD,  IN  THE  COUNTY  OF
 NIAGARA;
   F. WHIRLPOOL STATE PARK, IN THE COUNTY OF NIAGARA;
   G.  THE  MOUTH  OF  EIGHTEEN MILE CREEK AT LAKE ERIE, IN THE COUNTY OF
 ERIE;
   H. BUFFALO CREEK AT BULLISI ROAD, IN THE COUNTY OF ERIE;
   I. FALL BROOK ALONG STATE ROUTE SIXTY-THREE, IN THE TOWN  OF  GENESEO,
 COUNTY OF LIVINGSTON;
   J. LEROY QUARRY, IN THE TOWN OF LEROY, COUNTY OF GENESEE;
   K. THE POTSDAM SANDSTONE AT AUSABLE CHASM, IN THE COUNTY OF CLINTON;
   L. AUSABLE FALLS, IN THE COUNTY OF CLINTON;
   M. WHITEFACE MOUNTAIN, IN THE COUNTY OF ESSEX;
   N. THE CHATTERMARKS ON BEAR MOUNTAIN, IN THE COUNTY OF ROCKLAND;
   O. THE ERRATIC AND GROVES IN CENTRAL PARK, IN THE COUNTY OF NEW YORK;
   P. THE GLACIAL CHANNEL IN CENTRAL PARK, IN THE COUNTY OF NEW YORK;
   Q.  THE BURROWS IN SANDSTONE IN WATKINS GLEN, IN THE COUNTY OF SCHUYL-
 ER;
   R. THE UPPER DEVONIAN SHALE, SILTSTONE AND SANDSTONE IN  WATKINS  GLEN
 GORGE, IN THE COUNTY OF SCHUYLER;
   S. WATKINS GLEN STATE PARK, IN THE COUNTY OF SCHUYLER;
   T. LETCHWORTH STATE PARK, IN THE COUNTY OF WYOMING;
   U.  PENN  DIXIE  PALEONTOLOGICAL  AND OUTDOOR EDUCATION CENTER, IN THE
 COUNTY OF ERIE;
   V. LAFARGE QUARRY, IN THE COUNTY OF ULSTER;
   W. SENECA STONE QUARRY, IN THE COUNTY OF SENECA;
   X. TAUGHANNOCK PARK ROAD IN TAUGHANNOCK FALLS STATE PARK, IN THE COUN-
 TY OF TOMPKINS;
   Y. STATE ROUTE FOUR AND TWENTY-TWO, IN THE TOWN OF  WHITEHALL,  COUNTY
 OF WASHINGTON;
   Z.  RONDAXE  ROAD  ON  BALD  MOUNTAIN,  IN THE TOWN OF WEBB, COUNTY OF
 HERKIMER;
   AA. CANNAN ROAD, IN THE TOWNS OF EAST MARTINSBURG AND KNOX, COUNTY  OF
 LEWIS;
   BB. BARNET GARNET MINE, IN THE COUNTY OF WARREN;
   CC. JOHN BOYD THACHER STATE PARK, IN THE COUNTY OF ALBANY;
   DD. THE PETRIFIED SEA GARDENS, IN THE COUNTY OF SARATOGA;
   EE. LESTER PARK, IN THE COUNTY OF SARATOGA;
   FF. SARATOGA SPRINGS STATE PARK, IN THE COUNTY OF SARATOGA;
   GG. SKYTOP LANE QUARRY, IN THE COUNTY OF DELAWARE;
   HH. SIDNEY MOUNTAIN QUARRY, IN THE COUNTY OF DELAWARE;

 S. 1166                             3
 
   II. SIDNEY MOUNTAIN BLUESTONE QUARRY, IN THE COUNTY OF DELAWARE;
   JJ. SIDNEY CENTER OUTCROPS, IN THE COUNTY OF DELAWARE;
   KK. SHEETZ QUARRY, IN THE COUNTY OF DELAWARE;
   LL. PINE HILL ROAD, IN THE COUNTY OF DELAWARE;
   MM. CHIMNEY BLUFFS STATE PARK, IN THE COUNTY OF WAYNE;
   NN. WISCORY FALLS, IN THE COUNTY OF ALLEGANY;
   OO. WHITE CREEK, IN THE COUNTY OF ALLEGANY;
   PP. SIXTOWN CREEK, IN THE COUNTY OF ALLEGANY;
   QQ. RUSHFORD DAM PARK, IN THE COUNTY OF ALLEGANY;
   RR. CANEADEA GORGE OVERLOOK, IN THE COUNTY OF ALLEGANY;
   SS. BUTTERMILK FALLS STATE PARK, IN THE COUNTY OF CAYUGA;
   TT. CHITTENANGO FALLS STATE PARK, IN THE COUNTY OF MADISON;
   UU. COHOES FALLS, IN THE COUNTY OF SARATOGA;
   VV. CLARKSVILLE CAVE, IN THE COUNTY OF ALBANY;
   WW. JORALEMON TOWN PARK, IN THE COUNTY OF ALBANY;
   XX. NORMANSKILL GORGE, IN THE COUNTY OF ALBANY;
   YY. BARTON GARNET MINE, IN THE COUNTY OF WARREN;
   ZZ. KIMBERLITE DIKE, IN THE COUNTY OF ONONDAGA;
   AAA. HOWES CAVE QUARRY, IN THE COUNTY OF SCHOHARIE;
   BBB. HOWE CAVERNS, IN THE COUNTY OF SCHOHARIE;
   CCC. KAATERSKILL FALLS, IN THE COUNTY OF GREENE;
   DDD. KNOX CAVE, IN THE COUNTY OF ALBANY;
   EEE. MANORKILL FALLS, IN THE COUNTY OF SCHOHARIE;
   FFF. MCFAIL'S CAVE NATURE PRESERVE, IN THE COUNTY OF SCHOHARIE;
   GGG. MONTAUK POINT, IN THE COUNTY OF SUFFOLK;
   HHH. MONTOUR FALLS, IN THE COUNTY OF SCHUYLER;
   III. NIAGARA FALLS STATE PARK, IN THE COUNTY OF NIAGARA;
   JJJ. ONESQUETHAW CAVE, IN THE COUNTY OF ALBANY; AND
   KKK. STARK'S KNOB, IN THE COUNTY OF SARATOGA.
   3.  FOR  EACH AREA, TERRITORY AND SITE DESIGNATED PURSUANT TO SUBDIVI-
 SION TWO OF THIS SECTION, THE  COMMISSIONER,  IN  COOPERATION  WITH  THE
 COMMISSIONERS OF TRANSPORTATION AND ECONOMIC DEVELOPMENT, SHALL:
   A.  ESTABLISH  A  MANAGEMENT  PLAN  DESIGNED  TO FOSTER SOCIO-ECONOMIC
 DEVELOPMENT THAT IS SUSTAINABLE;
   B. ESTABLISH METHODS  FOR  CONSERVING  AND  ENHANCING  ITS  GEOLOGICAL
 HERITAGE; AND
   C. ESTABLISH BEST PRACTICES FOR CONSERVATION.
 § 49-0503. ESTABLISHMENT OF STATE GEOLOGICAL TRAIL.
   1.  THE  COMMISSIONER, IN COOPERATION WITH THE COMMISSIONERS OF TRANS-
 PORTATION AND ECONOMIC DEVELOPMENT, SHALL ESTABLISH A  STATE  GEOLOGICAL
 TRAIL  TO  INCLUDE  THE  AREAS,  TERRITORIES AND SITES DESIGNATED BY THE
 COMMISSIONER PURSUANT TO SUBDIVISION TWO  OF  SECTION  49-0501  OF  THIS
 TITLE.  THE  PURPOSE OF SUCH TRAIL SHALL BE TO IDENTIFY AND PROMOTE SUCH
 AREAS, TERRITORIES AND SITES TO THE PUBLIC, AND  PROMOTE  THE  ECONOMIC,
 SCIENTIFIC, CULTURAL AND CONSERVATION ASPECTS THEREOF.
   2.  TO  THE  GREATEST  EXTENT  PRACTICABLE, THE STATE GEOLOGICAL TRAIL
 SHALL INCLUDE AREAS AND SITES ACROSS THE STATE GOING EAST AND WEST,  AND
 NORTH  AND SOUTH THROUGHOUT THE ENTIRE STATE. THE DESIGNATED PORTIONS OF
 THE STATE GEOLOGICAL TRAIL SHALL INTERSECT AT THE CITY OF ALBANY,  WHICH
 SHALL  BE  DEEMED  TO  BE  THE CENTER OF GEOLOGY OF THE STATE. THE STATE
 GEOLOGICAL TRAIL  SHALL  POSSESS  SCIENTIFIC  AND/OR  SCENIC  IMPORTANCE
 RELATING TO GEOLOGICAL, AND RELATED CULTURAL, ECOLOGICAL AND ARCHEOLOGI-
 CAL FEATURES.
   3.  IN  DEVELOPING  AND  APPROVING  SUCH TRAIL, THE COMMISSIONER SHALL
 ENSURE THAT PROPOSED TRAIL ROUTES DO NOT CONFLICT WITH  EXISTING  SCENIC
 BYWAYS DESIGNATED PURSUANT TO SECTION THREE HUNDRED FORTY-NINE-DD OF THE

 S. 1166                             4
 
 HIGHWAY  LAW OR WINE TRAILS DESIGNATED PURSUANT TO SECTION THREE HUNDRED
 FORTY-THREE-K OF THE HIGHWAY LAW, AND ENSURE THAT  THE  TRAIL  ROUTE  IS
 DESIGNED AND LAID OUT SO THAT IT IS RELATIVELY SIMPLE AND EASY TO FOLLOW
 FOR USERS AND CONTAINS FEW BRANCHES OR LATERALS THAT DEAD END.
 § 49-0505. STATE GEOLOGICAL PLANNING AND MANAGEMENT BOARD.
   1.  FOR THE PURPOSES OF THIS TITLE, "BOARD" MEANS THE STATE GEOLOGICAL
 PLANNING AND MANAGEMENT BOARD ESTABLISHED PURSUANT TO THIS SECTION.
   2. THERE SHALL BE ESTABLISHED WITHIN THE DEPARTMENT THE STATE GEOLOGI-
 CAL PLANNING AND MANAGEMENT BOARD. THE BOARD SHALL BE  COMPOSED  OF  TEN
 MEMBERS AS FOLLOWS:
   A.  THE  COMMISSIONER,  OR  HIS  OR  HER DESIGNEE WHO IS AN OFFICER OR
 EMPLOYEE OF THE DEPARTMENT;
   B. THE COMMISSIONER OF ECONOMIC DEVELOPMENT, OR HIS  OR  HER  DESIGNEE
 WHO IS AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT;
   C. THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION, OR
 HIS  OR  HER  DESIGNEE  WHO  IS  AN OFFICER OR EMPLOYEE OF THE OFFICE OF
 PARKS, RECREATION AND HISTORIC PRESERVATION;
   D. THE COMMISSIONER OF TRANSPORTATION, OR HIS OR HER DESIGNEE  WHO  IS
 AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF TRANSPORTATION;
   E. TWO MEMBERS APPOINTED BY THE GOVERNOR, OF WHOM:
   (1) ONE SHALL HAVE BEEN OR IS ENGAGED IN TRAIL PLANNING AND/OR MANAGE-
 MENT, AND
   (2) ONE SHALL TEACH GEOLOGY OR BE A GEOLOGY PROFESSIONAL;
   F.  TWO  MEMBERS  APPOINTED  BY THE TEMPORARY PRESIDENT OF THE SENATE,
 HAVING EXPERTISE IN THE FIELD OF ECOLOGY, CONSERVATION  OR  TRAIL  PLAN-
 NING; AND
   G. TWO MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY, HAVING EXPER-
 TISE IN THE FIELD OF ECOLOGY, CONSERVATION OR TRAIL PLANNING.
   3.  THE MEMBERS OF THE BOARD APPOINTED PURSUANT TO PARAGRAPHS E, F AND
 G OF SUBDIVISION TWO OF THIS SECTION SHALL SERVE TERMS  OF  FOUR  YEARS.
 VACANCIES  IN  THE MEMBERSHIP OF THE BOARD SHALL BE FILLED IN THE MANNER
 PROVIDED FOR ORIGINAL APPOINTMENTS.
   4. THE COMMISSIONER, OR HIS OR HER DESIGNEE, SHALL BE THE CHAIR OF THE
 BOARD. THE BOARD SHALL MEET NOT LESS  THAN  THREE  TIMES  EACH  CALENDAR
 YEAR, AND MORE FREQUENTLY AT THE CALL OF THE CHAIR OF THE BOARD.
   5. THE BOARD SHALL ESTABLISH:
   A. CRITERIA FOR SIGNAGE ON THE STATE GEOLOGICAL TRAIL, INCLUDING MEANS
 OF  PROVIDING INFORMATION ABOUT GEOLOGICAL FEATURES ASSOCIATED WITH EACH
 PARTICULAR PORTION OF SUCH  TRAIL.  PROVIDED,  HOWEVER,  THAT  ALL  SUCH
 SIGNAGE  SHALL  COMPLY WITH THE NEW YORK STATE MANUAL AND SPECIFICATIONS
 FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL DEVICES AS SUCH MANUAL AND SPEC-
 IFICATIONS MAY BE AMENDED FROM TIME TO TIME,  CERTIFIED  BY  A  LICENSED
 PROFESSIONAL  ENGINEER  WHO  SPECIALIZES  IN TRAFFIC OPERATIONS. FOR THE
 PURPOSES OF THIS SECTION, THE TERM "NEW YORK STATE MANUAL AND SPECIFICA-
 TIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL DEVICES"  SHALL  MEAN  THE
 NATIONAL  MANUAL  OF  UNIFORM TRAFFIC CONTROL DEVICES PROMULGATED BY THE
 FEDERAL HIGHWAY ADMINISTRATION PURSUANT TO SUBPART (F) OF  PART  655  OF
 TITLE  23  OF  THE  CODE  OF  FEDERAL REGULATIONS AND THE NEW YORK STATE
 SUPPLEMENT ADOPTED BY THE COMMISSIONER  OF  TRANSPORTATION  PURSUANT  TO
 SECTION SIXTEEN HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW; AND
   B.  STATE  GEOLOGICAL  TRAIL PUBLICATIONS, GUIDELINES FOR INTERPRETIVE
 PROGRAMS AND THEMES RELATING TO PORTIONS OF THE STATE GEOLOGICAL  TRAIL,
 AND AN INTERNET WEBSITE PROVIDING DIRECTIONAL INFORMATION ON EDUCATIONAL
 INSTITUTIONS THAT HAVE PROGRAMS RELATING TO THE GEOLOGICAL AND CONSERVA-
 TION ASPECTS OF THE PORTIONS OF THE STATE GEOLOGICAL TRAIL.

 S. 1166                             5
 
   §  3. Section 100 of the economic development law is amended by adding
 a new subdivision 48 to read as follows:
   48.  TO  COOPERATE WITH AND PROVIDE ASSISTANCE TO THE COMMISSIONERS OF
 ENVIRONMENTAL  CONSERVATION  AND   TRANSPORTATION   TO   IMPLEMENT   THE
 PROVISIONS  OF  TITLE  FIVE  OF  ARTICLE FORTY-NINE OF THE ENVIRONMENTAL
 CONSERVATION LAW.
   § 4. This act shall take effect immediately.

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