S T A T E   O F   N E W   Y O R K
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                                   1448
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by Sens. SERRANO, ADDABBO -- 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 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:
   § 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03449-01-9

 S. 1448                             2
 
 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.
   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  NINETY-SEVEN-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

 S. 1448                             3

 EMPLOYMENT  BENEFITS, OR RESULT IN THE IMPAIRMENT OF EXISTING COLLECTIVE
 BARGAINING AGREEMENTS.
   §  2. The state finance law is amended by adding a new section 97-wwww
 to read as follows:
   § 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 PARKS, RECREATION AND HISTORIC PRESERVA-
 TION 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 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.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.  Effective immediately the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be made on or
 before such date.