S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   478

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. RYAN -- 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 defining boundaries of the Niagara river greenway

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 39.03 of the parks, recreation and
historic preservation law, as added by chapter 460 of the laws of  2004,
is amended to read as follows:
  1.  "Niagara  river greenway" or "greenway" shall mean a linear system
of state and local parks and conservation areas linked by a  network  of
multi  use  trails  within the greenway area [established by an approved
plan of the commission as provided for  in  this  article]  WHICH  SHALL
INCLUDE:  LANDS  AND  WATERS  AS IDENTIFIED AS THE "GREENWAY FOCUS AREA"
DESIGNATED WITHIN THE NIAGARA RIVER GREENWAY PLAN  THAT  INCLUDES  AREAS
WITHIN  ADOPTED LOCAL WATERFRONT REVITALIZATION PLANS AND NEW YORK STATE
COASTAL MANAGEMENT ZONES. ONLY THOSE PROJECTS LOCATED WITHIN THE  GREEN-
WAY  FOCUS  AREA  MAY  BE FUNDED. WITHIN THE TRIBUTARIES OF THE GREENWAY
FOCUS AREA, ONLY THOSE PROJECTS WHICH DEMONSTRATE A DIRECT  RELATIONSHIP
TO  WATER QUALITY IMPROVEMENT, ECOSYSTEM FUNCTION, OR TRAIL CONNECTIONS,
MAY BE FUNDED.
  S 2. The closing paragraph of section 39.07 of the  parks,  recreation
and  historic  preservation  law, as added by chapter 460 of the laws of
2004, is amended to read as follows:
  Such draft plan shall be submitted  to  the  commissioner  [of  parks,
recreation  and historic preservation] within two years of the effective
date of this article. The commissioner may approve the plan, may  return
the  plan  to  the  commission with recommendations for approval, or may
reject such plan. Prior to submission of the draft plan to  the  commis-
sioner,  the  commission  shall  hold at least one public hearing on the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00472-01-5

A. 478                              2

draft plan in each county for which the plan is  applicable.  The  local
legislative  body  of  each  city, town or village within the boundaries
designated by the draft plan must approve the plan following the  public
hearing  or  hearings  and before it is submitted to the commissioner. A
copy of the approved plan shall be provided to the governor, the  tempo-
rary president of the senate and the speaker of the assembly.  AS CREAT-
ING  A  LINEAR  SYSTEM  OF  STATE AND LOCAL PARKS AND CONSERVATION AREAS
LINKED BY A NETWORK OF MULTI-USE TRAILS IS THE PRIMARY  MISSION  OF  THE
NIAGARA  RIVER GREENWAY COMMISSION, THIS MISSION SHALL TAKE PRIORITY AND
NO PROJECT WHICH DOES NOT FURTHER THIS MISSION, AS DESCRIBED AND DEFINED
IN THIS PARAGRAPH, SHALL BE FUNDED.
  S 3. Section 39.19 of the parks, recreation and historic  preservation
law,  as added by chapter 460 of the laws of 2004, is amended to read as
follows:
  S 39.19 State actions. Each state  agency  shall  review  its  actions
within  the greenway in relation to the consistency of such actions with
the approved Niagara river greenway plan.   HOWEVER, NO  ACTION  MAY  BE
TAKEN  UNLESS  IT  IS CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE AND
THE CHAPTER OF THE LAWS  OF  TWO  THOUSAND  FIFTEEN  THAT  AMENDED  THIS
SECTION.
  S 4. This act shall take effect immediately.