S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3345
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 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.
   § 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
 draft plan in each county for which the plan is  applicable.  The  local
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07936-01-7

 A. 3345                             2
 
 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.
   §  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:
   §  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 SEVENTEEN THAT AMENDED THIS
 SECTION.
   § 4. This act shall take effect immediately.