S T A T E   O F   N E W   Y O R K
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                                   7326
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 25, 2025
                                ___________
 
 Introduced by M. of A. KIM -- read once and referred to the Committee on
   Tourism, Parks, Arts and Sports Development
 
 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  THE  COMMISSIONER'S DISCRETION, THE COMMISSIONER MAY ESTABLISH
 PERMANENT OR TEMPORARY AGREEMENTS WITH PARKS' FRIENDS  GROUPS  OR  OTHER
 LOCAL  COMMUNITY  NON-PROFIT  GROUPS,  SUCH AS PARKS' FRIENDS GROUPS, TO
 ADMINISTER THE PROGRAM. IF MORE THAN ONE GROUP IS INTERESTED IN ADMINIS-
 TERING THE PROGRAM, THE COMMISSIONER SHALL DEVELOP AN OPEN  AND  COMPET-
 ITIVE  PROCESS  TO SELECT THE BEST GROUP TO ADMINISTER THE PROGRAM.  FOR
 THE PURPOSES OF THIS SECTION,  "PARKS'  FRIENDS  GROUPS"  ARE  GENERALLY
 DEFINED  AS  NON-PROFIT  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
 DAMAGE; DISPOSING OF  LITTER  AND  TRASH;  ESTABLISHING  OR  MAINTAINING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00443-01-5
              

 A. 7326                             2
 
 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 THE COMMISSIONER'S 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
 A. 7326                             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 and
 completed on or before such date.