Bill S342-2011

Prohibits the Adirondack park agency from implementing any rule or regulation relating to campgrounds which is inconsistent with department of health rules

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.

Details

Actions

  • Jun 21, 2012: COMMITTED TO RULES
  • May 7, 2012: ADVANCED TO THIRD READING
  • May 2, 2012: 2ND REPORT CAL.
  • May 1, 2012: 1ST REPORT CAL.653
  • Jan 4, 2012: REFERRED TO FINANCE
  • Jun 24, 2011: COMMITTED TO RULES
  • May 16, 2011: ADVANCED TO THIRD READING
  • May 11, 2011: 2ND REPORT CAL.
  • May 10, 2011: 1ST REPORT CAL.571
  • Jan 5, 2011: REFERRED TO FINANCE

Meetings

Finance: May 1, 2012, Finance: May 10, 2011

Calendars

Floor Calendar: May 2, 2012 , Floor Calendar: May 7, 2012 , Floor Calendar: May 8, 2012 , Floor Calendar: May 9, 2012 , Floor Calendar: May 11, 2011 , Floor Calendar: May 14, 2012 , Floor Calendar: May 15, 2012 , Floor Calendar: May 16, 2011 , Floor Calendar: May 16, 2012 , Floor Calendar: May 17, 2011 , Floor Calendar: May 18, 2011 , Floor Calendar: May 21, 2012 , Floor Calendar: May 22, 2012 , Floor Calendar: May 23, 2011 , Floor Calendar: May 23, 2012 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: May 30, 2012 , Floor Calendar: May 31, 2012 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 4, 2012 , Floor Calendar: Jun 5, 2012 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 15, 2011 , Floor Calendar: Jun 16, 2011 , Floor Calendar: Jun 17, 2011 , Floor Calendar: Jun 18, 2012 , Floor Calendar: Jun 19, 2012 , Floor Calendar: Jun 20, 2012 , Floor Calendar: Jun 21, 2011 , Floor Calendar: Jun 21, 2012 , Floor Calendar: Jun 22, 2011 , Floor Calendar: Jun 23, 2011 , Floor Calendar: Jun 24, 2011

Votes

VOTE: COMMITTEE VOTE: - Finance - May 10, 2011

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
VOTE: COMMITTEE VOTE: - Finance - May 1, 2012

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

Memo

BILL NUMBER:S342

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


Text

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.

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