S T A T E   O F   N E W   Y O R K
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                                 6840--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 19, 2013
                               ___________

Introduced  by  M. of A. RYAN -- read once and referred to the Committee
  on  Tourism,  Parks,  Arts  and  Sports   Development   --   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 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10451-06-3
              

A. 6840--A                          2

sioner, the commission shall hold at least one  public  hearing  on  the
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 THIRTEEN THAT AMENDED THIS
SECTION.
  S 4. This act shall take effect immediately.