S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    256
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 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 NON-PRO-
 FIT 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01484-01-3
 S. 256                              2
 
 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 PERSON OR PERSONS TO IDENTIFY SPECIFIC SECTIONS OF A
 STATE-OWNED PARK TRAIL AND SPECIFIC ACTIVITIES  DEEMED  APPROPRIATE  FOR
 SUCH  STEWARDSHIP  AGREEMENT.  THE  OFFICE  MAY CONSIDER FACTORS SUCH AS
 SAFETY, ENVIRONMENTAL, 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-
 S. 256                              3

 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.
   §  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 and
 completed on or before such date.