§ 349-cc. New York state scenic byways advisory board. 1. An advisory
board of state agencies with responsibilities related to the designation
and management of scenic byways and not-for-profit organizations related
to the promotion and development of scenic byways is hereby formed to
advise and assist the department in the operation of its scenic byways
program. The advisory board shall consist of one member appointed by the
temporary president of the senate, one member appointed by the speaker
of the assembly, the secretary of state, and the commissioners of the
department of agriculture and markets, the department of economic
development, and the department of environmental conservation, and the
office of parks, recreation and historic preservation or their duly
designated representatives. The commissioner shall appoint as members of
the advisory board the chief executive officer, or his or her duly
authorized representative, of not-for-profit organizations related to
the promotion and development of a scenic byway designated pursuant to
this article and three representatives of organizations concerned with
the preservation of scenic qualities, the motoring public and tourism
development. The commissioner, or his or her duly designated
representative, shall serve as chair. Members of the advisory board
shall receive no pay, but shall be eligible to receive actual and
necessary expenses from their respective agencies, or for the expenses
of representatives of organizations related to the promotion and
development of a scenic byway, the preservation of scenic qualities, the
motoring public and tourism development, from the department. The
advisory board shall consult with the Adirondack Park Agency regarding
scenic byways within the Adirondack Park. The advisory board shall also
consult with the Hudson River Valley Communities Council regarding
scenic byways within the Hudson River Valley Greenway as defined in
article forty-four of the environmental conservation law. The advisory
board shall consult with the Niagara River Greenway Commission regarding
scenic byways within the Niagara River Greenway as defined in article
thirty-nine of the parks, recreation and historic preservation law.

2. The New York state scenic byways advisory board shall have the
following duties:

(a) To develop and make recommendations to the commissioner on the
organization and operation of a scenic byways program. Such
recommendations shall include recommendations on the following:

(i) consideration of the scenic beauty and historic significance of
highways proposed for designation as scenic byways and the areas
surrounding such highways;

(ii) operation and management standards for highways designated as
scenic byways, including strategies for maintaining or improving the
qualities for which a highway is designated as a scenic byway, for
protecting and enhancing the landscape and view corridors surrounding
such a highway, and for minimizing traffic congestion on such a highway;

(iii) standards for scenic byway related signs, including those which
identify highways as scenic byways;

(iv) standards for maintaining highway safety on the scenic byway
system;

(v) measures to safely accommodate the largest variety of scenic byway
users including, but not limited to, persons travelling by automobile,
recreation vehicle, motor coach, bicycle, snowmobile, watercraft, horse
and by foot;

(vi) design review procedures for location of highway facilities,
landscaping, and travellers facilities on the scenic byway system;

(vii) procedures for reviewing and terminating the designation of a
highway designated as a scenic byway;

(viii) such other matters as may be necessary or desirable to further
the purposes of this program.

(b) To evaluate and recommend to the commissioner and the legislature
amendments of the statutes and regulations relevant to the furtherance
of a cohesive system of scenic byways.

3. The advisory board shall report to the governor and the legislature
within one year of the effective date of this article, and by January
first each year thereafter on the implementation of this program. In the
first report required by this subdivision, the advisory board shall
provide a scenic byways program implementation plan identifying
essential components for the New York state scenic byways system, and
recommending actions by the legislature that may be necessary to
implement a cohesive and coordinated scenic byways program that will
serve the goals of preserving and protecting scenic, historic,
recreational, cultural and archeological resources, enhancing
recreation, economic development through tourism and education in the
history and culture of New York state.