Prohibits the Adirondack park agency from promulgating or implementing any rule, regulation or land use and development plan, related to campgrounds, which is inconsistent with the provisions of any rule or regulation of the department of health relating thereto.
Ayes (21): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Lanza, Larkin, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Breslin, Diaz, Montgomery
Ayes W/R (6): Hannon, LaValle, Krueger, Kruger, Peralta, Perkins
Nays (7): Dilan, Duane, Gianaris, Parker, Rivera, Stavisky, Stewart-Cousins
Excused (1): Oppenheimer
Ayes (20): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Diaz
Ayes W/R (5): Breslin, Peralta, Perkins, Stavisky, Stewart-Cousins
Nays (9): Krueger, Dilan, Duane, Gianaris, Montgomery, Oppenheimer, Parker, Rivera, Squadron
Excused (1): Hannon
TITLE OF BILL: An act to amend the executive law, in relation to the regulation of campgrounds by the Adirondack park agency
PURPOSE: To ensure that campgrounds located in the Adirondack Park are treated the same as those located outside the Park.
SUMMARY OF PROVISIONS: Section 1- Amends subdivision 10 of section 802 of the executive law, as amended by chapter .348 of the laws of 1973 to provide that no provision of this article shall be deemed to authorize the agency to create any rule, regulation or land use and development plan relating to campgrounds which is inconsistent with the Department of Health's rules and regulations relating to campgrounds.
Section 2- Effective Date
EXISTING LAW: Subdivision 10 of section 802 of the executive law defines campgrounds.
JUSTIFICATION: The Adirondack Park Agency was created in 1971 in order to protect the public and private lands in the Adirondack Park. Since then, certain regulations have been adopted which have been seen as limiting the ability of local residents and businesses to live and work within the Park.
The Agency has recently proposed regulations which have the potential to negatively impact campground owners and campers. There is no environmental benefit to the APA's regulations. Campgrounds within the Park must be able to compete with campgrounds located outside the Park otherwise people will go to campsites outside the Park or in other states. Seasonal campers spending time in these parks contribute to the economy of the area through shopping, dining, attending attractions, etc. As long as the camps comply with the Department of Health regulations, they should not be treated any differently just because they are located within the Blue Line.
This legislation is intended to level the playing field for campground owners who are located within the imaginary Blue Line.
LEGISLATIVE HISTORY: 2009/10: S.320 Finance; A.446 Environmental Conservation 2007/08: S.1124 Finance 2006: S.5980 Passed Senate; A.9456 Environmental Conservation
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This act shall take effect immediately
STATE OF NEW YORK ________________________________________________________________________ S. 342 A. 148 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y (PREFILED) January 5, 2011 ___________IN SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- Introduced by M. of A. SAYWARD -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the executive law, in relation to the regulation of campgrounds by the Adirondack park agency THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 10 of section 802 of the executive law, as amended by chapter 348 of the laws of 1973, is amended to read as follows: 10. "Campground" means any area designed for transient occupancy by camping in tents, camp trailers, travel trailers, motor homes or similar facility designed for temporary shelter; PROVIDED, HOWEVER, THAT NO PROVISION OF THIS ARTICLE SHALL BE DEEMED TO AUTHORIZE THE AGENCY TO PROMULGATE OR IMPLEMENT ANY RULE, REGULATION OR LAND USE AND DEVELOPMENT PLAN, RELATING TO ANY CAMPGROUND OR CAMPGROUNDS, WHICH IS IN ANY MANNER INCONSISTENT WITH THE RULES AND REGULATIONS OF THE DEPARTMENT OF HEALTH RELATING THERETO, AND EVERY SUCH INCONSISTENT RULE, REGULATION AND LAND USE AND DEVELOPMENT PLAN OF THE AGENCY SHALL BE VOID. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01282-01-1