S T A T E   O F   N E W   Y O R K
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                                 1008--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

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  --  recommitted  to  the  Committee  on
  Cultural  Affairs,  Tourism,  Parks  and Recreation in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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:
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04315-02-6
              

S. 1008--A                          2

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
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 97-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

S. 1008--A                          3

EMPLOYED WORKER OR THE LOSS OF POSITION, INCLUDING THE PARTIAL DISPLACE-
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.
  S  2. The state finance law is amended by adding a new section 97-wwww
to read as follows:
  S 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 THE  OFFICE  OF  PARKS,  RECREATION  AND
HISTORIC  PRESERVATION  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 THE OFFICE 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.
  S 3. This act shall take effect on the one hundred twentieth day after
it  shall  have  become a law; provided that, effective immediately, the
commissioner of the office of parks, recreation and  historic  preserva-
tion shall promulgate any rule or regulation necessary for the implemen-
tation of the provisions of this act on or before its effective date.