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A01505 Summary:

BILL NOA01505
 
SAME ASSAME AS S00967
 
SPONSOREnglebright
 
COSPNSRLupardo, Crespo, Solages, Rosenthal L, Galef, Lifton, Otis, Colton, Skoufis
 
MLTSPNSRAbbate, Barnwell, Blake, Cahill, Cook, Gottfried, Gunther, Jaffee, Kearns, Simon, Skartados, Walker
 
Add Art 49 Title 5 49-0501 - 49-0505, En Con L amd 100, Ec Dev L
 
Provides for the designation of geologically significant areas, territories and sites throughout the state, and for the establishment of a state geological trail.
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A01505 Actions:

BILL NOA01505
 
01/12/2017referred to environmental conservation
05/23/2017reported referred to ways and means
06/05/2017reported referred to rules
06/07/2017reported
06/07/2017rules report cal.84
06/07/2017ordered to third reading rules cal.84
06/08/2017passed assembly
06/08/2017delivered to senate
06/08/2017REFERRED TO RULES
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A01505 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1505
 
SPONSOR: Englebright (MS)
  TITLE OF BILL: An act to amend the environmental conservation law and the economic development law, in relation to establishing a state geological trail   PURPOSE OR GENERAL IDEA OF BILL: This bill will designate geoparks and other sites, as well as establish a state geological trail. The purpose of such trail shall be to identify and promote such areas, territories, and sites to the public, and promote the economic, scientific, cultural, and conservation aspects thereof.   SUMMARY OF SPECIFIC PROVISIONS: This bill will amend the environmental conservation law to allow the designation of geoparks and other sites and establish a state geological trail. A "geopark" is defined as an area or territory of that state encompassing one or more sites of scientific importance, for not only geological reasons but also by virtue of their archeological, ecologi- cal, and cultural value. Specific areas, territories, and sites within the state will be studied and then designated as geoparks by the commis- sioner. Each designated area shall have a management plan designed to foster socio-economic development that is sustainable, as well as estab- lished methods for conserving and enhancing its geological heritage. The environmental conservation law will also be amended to create a state geological planning board consisting of the commissioners of the Department of Environmental Conservation, Commerce, and the Office of Parks, Recreation, and Historic Preservation and two individuals appointed by the Governor who shall include one citizen who has been engaged in trail planning and/or management, and one who teaches geology and/or is a geology professional. The Speaker of the Assembly and the Majority Leader of the Senate shall appoint two citizens each with expe- rience in the fields of ecology, conservation, and/or trail planning. Each public member of the board shall serve for four years and the Commissioner of the DEC shall chair the board. The economic development law will be amended by adding a subdivision to the general powers of the department in order for the commissioner to be able to implement the state geological trail and designate geoparks.   JUSTIFICATION: There is an abundance of naturally and culturally significant geological sites in New York that provide an excellent opportunity for tourism in the state: These geological sites are what form the state's special landscapes and provide considerable natural, aesthetic, recreational, and symbolic importance to New York's residents and visitors alike. The science of geology is particularly salient in the State of New York. Geologists assisted in the development of the Erie Canal, as well as the development of the state's natural drinking water sources. Geology has real implications for New Yorkers and this state geological trail is a tool that can be used to highlight them. New York State has several landmark geological sites including Niagara Falls, Letchworth Gorge, and both the Adirondack and Catskill Parks. These, along with the numerous other geological sites in the state should be highlighted by the creation of the state geological trail. Tourists would be drawn to such a distinguished and comprehensive geological trail and it could be connected in such a fashion that allows for a rewarding educational experience. Such a connected trail system would strengthen the recreational well-being of the state of New York and create an enhanced outdoor experience for recreational visitors.   PRIOR LEGISLATIVE HISTORY: 2016 A.9981-A passed assembly   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect immediately.
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A01505 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1505
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2017
                                       ___________
 
        Introduced by M. of A. ENGLEBRIGHT, LUPARDO, CRESPO, SOLAGES, ROSENTHAL,
          GALEF,  LIFTON,  OTIS -- Multi-Sponsored by -- M. of A. ABBATE, BLAKE,
          CAHILL, COOK, GOTTFRIED, GUNTHER, JAFFEE,  KEARNS,  SIMON,  SKARTADOS,
          SKOUFIS, WALKER -- read once and referred to the Committee on Environ-
          mental Conservation

        AN  ACT  to  amend  the  environmental conservation law and the economic
          development law, in relation to establishing a state geological trail
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Legislative findings and intent. The state of New York is
     2  distinguished by its  unique  and  multiple  geological  resources  like
     3  Niagara  Falls, Letchworth Gorge, and the Adirondack and Catskill parks.
     4  Geological resources give the state special landscapes with considerable
     5  natural, cultural,  economic,  aesthetic,  recreational,  touristic  and
     6  symbolic  importance  to  the  people  of  the state and visitors to the
     7  state. Geologists played an important role in developing the  landscapes
     8  of  the  state, including the planning of the Erie Canal and undertaking
     9  geological surveys and mapping. The legislature finds that it is time to
    10  recognize the geological resources of the state and to utilize  them  to
    11  foster conservation awareness and education. Geological resources can be
    12  connected in a trail system that will strengthen the social and economic
    13  well-being  of  the  people  of  the  state. Geological trails can be an
    14  educational resource that will make the outdoors  more  interesting  and
    15  rewarding.  Therefore,  it  is the intent of the legislature to organize
    16  the planners, educators and conservationists to  plan  and  execute  the
    17  establishment of geological trails with interpretive features across the
    18  width and breadth of the state.
    19    §  2.  Article  49 of the environmental conservation law is amended by
    20  adding a new title 5 to read as follows:
    21                                   TITLE 5
    22                           STATE GEOLOGICAL TRAIL
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04287-01-7

        A. 1505                             2
 
     1  Section 49-0501. Designation of geoparks and other sites.
     2          49-0503. Establishment of state geological trail.
     3          49-0505. State geological planning and management board.
     4  § 49-0501. Designation of geoparks and other sites.
     5    1. For the purposes of this title, a "geopark" is an area or territory
     6  of  the  state  encompassing one or more sites of scientific importance,
     7  for not only geological reasons but also by virtue of their archaeologi-
     8  cal, ecological and cultural value.
     9    2. The commissioner shall study and designate areas,  territories  and
    10  sites  within  the state which constitute geoparks and other sites which
    11  have geological significance. Such geoparks and sites may  include,  but
    12  not be limited to:
    13    a.  Cayuga  heights,  along  state  route thirty-four in the county of
    14  Tompkins;
    15    b. Cascadilla creek, along University avenue in the  city  of  Ithaca,
    16  county of Tompkins;
    17    c.  Ithaca  Falls park Fall creek, along Lincoln street in the city of
    18  Ithaca, county of Tompkins;
    19    d. Taughannock Falls state park, in the county of Tompkins;
    20    e. Niagara river gorge and Power Plant Haul road,  in  the  county  of
    21  Niagara;
    22    f. Whirlpool state park, in the county of Niagara;
    23    g.  the  mouth  of  Eighteen Mile creek at Lake Erie, in the county of
    24  Erie;
    25    h. Buffalo creek at Bullisi road, in the county of Erie;
    26    i. Fall brook along state route sixty-three, in the town  of  Geneseo,
    27  county of Livingston;
    28    j. LeRoy quarry, in the town of LeRoy, county of Genesee;
    29    k. the Potsdam sandstone at Ausable chasm, in the county of Clinton;
    30    l. Ausable falls, in the county of Clinton;
    31    m. Whiteface mountain, in the county of Essex;
    32    n. the Chattermarks on Bear mountain, in the county of Rockland;
    33    o. the erratic and groves in Central park, in the county of New York;
    34    p. the glacial channel in Central park, in the county of New York;
    35    q.  the burrows in sandstone in Watkins Glen, in the county of Schuyl-
    36  er;
    37    r. the upper devonian shale, siltstone and sandstone in  Watkins  Glen
    38  gorge, in the county of Schuyler;
    39    s. Watkins Glen state park, in the county of Schuyler;
    40    t. Letchworth state park, in the county of Wyoming;
    41    u.  Penn  Dixie  paleontological  and outdoor education center, in the
    42  county of Erie;
    43    v. Lafarge quarry, in the county of Ulster;
    44    w. Seneca stone quarry, in the county of Seneca;
    45    x. Taughannock park road in Taughannock Falls state park, in the coun-
    46  ty of Tompkins;
    47    y. State route four and twenty-two, in the town of  Whitehall,  county
    48  of Washington;
    49    z.  Rondaxe  road  on  Bald  mountain,  in the town of Webb, county of
    50  Herkimer;
    51    aa. Cannan road, in the towns of East Martinsburg and Knox, county  of
    52  Lewis;
    53    bb. Barnet garnet mine, in the county of Warren;
    54    cc. John Boyd Thacher state park, in the county of Albany;
    55    dd. the Petrified Sea Gardens, in the county of Saratoga;
    56    ee. Lester park, in the county of Saratoga;

        A. 1505                             3
 
     1    ff. Saratoga Springs state park, in the county of Saratoga;
     2    gg. Skytop Lane quarry, in the county of Delaware;
     3    hh. Sidney Mountain quarry, in the county of Delaware;
     4    ii. Sidney Mountain Bluestone quarry, in the county of Delaware;
     5    jj. Sidney Center outcrops, in the county of Delaware;
     6    kk. Sheetz quarry, in the county of Delaware;
     7    ll. Pine Hill road, in the county of Delaware;
     8    mm. Chimney Bluffs state park, in the county of Wayne;
     9    nn. Wiscory Falls, in the county of Allegany;
    10    oo. White creek, in the county of Allegany;
    11    pp. Sixtown creek, in the county of Allegany;
    12    qq. Rushford Dam park, in the county of Allegany;
    13    rr. Caneadea Gorge overlook, in the county of Allegany;
    14    ss. Buttermilk Falls state park, in the county of Cayuga;
    15    tt. Chittenango Falls state park, in the county of Madison;
    16    uu. Cohoes Falls, in the county of Saratoga;
    17    vv. Clarksville cave, in the county of Albany;
    18    ww. Joralemon town park, in the county of Albany;
    19    xx. Normanskill gorge, in the county of Albany;
    20    yy. Barton garnet mine, in the county of Warren;
    21    zz. Kimberlite dike, in the county of Onondaga;
    22    aaa. Howes Cave quarry, in the county of Schoharie;
    23    bbb. Howe Caverns, in the county of Schoharie;
    24    ccc. Kaaterskill Falls, in the county of Greene;
    25    ddd. Knox cave, in the county of Albany;
    26    eee. Manorkill Falls, in the county of Schoharie;
    27    fff. McFail's Cave nature preserve, in the county of Schoharie;
    28    ggg. Montauk Point, in the county of Suffolk;
    29    hhh. Montour Falls, in the county of Schuyler;
    30    iii. Niagara Falls state park, in the county of Niagara;
    31    jjj. Onesquethaw Cave, in the county of Albany; and
    32    kkk. Stark's Knob, in the county of Saratoga.
    33    3.  For  each area, territory and site designated pursuant to subdivi-
    34  sion two of this section, the  commissioner,  in  cooperation  with  the
    35  commissioners of transportation and economic development, shall:
    36    a.  establish  a  management  plan  designed  to foster socio-economic
    37  development that is sustainable;
    38    b. establish methods  for  conserving  and  enhancing  its  geological
    39  heritage; and
    40    c. establish best practices for conservation.
    41  § 49-0503. Establishment of state geological trail.
    42    1.  The  commissioner, in cooperation with the commissioners of trans-
    43  portation and economic development, shall establish a  state  geological
    44  trail  to  include  the  areas,  territories and sites designated by the
    45  commissioner pursuant to subdivision two  of  section  49-0501  of  this
    46  title.  The  purpose of such trail shall be to identify and promote such
    47  areas, territories and sites to the public, and  promote  the  economic,
    48  scientific, cultural and conservation aspects thereof.
    49    2.  To  the  greatest  extent  practicable, the state geological trail
    50  shall include areas and sites across the state going east and west,  and
    51  north  and south throughout the entire state. The designated portions of
    52  the state geological trail shall intersect at the city of Albany,  which
    53  shall  be  deemed  to  be  the center of geology of the state. The state
    54  geological trail  shall  possess  scientific  and/or  scenic  importance
    55  relating to geological, and related cultural, ecological and archeologi-
    56  cal features.

        A. 1505                             4
 
     1    3.  In  developing  and  approving  such trail, the commissioner shall
     2  ensure that proposed trail routes do not conflict with  existing  scenic
     3  byways designated pursuant to section three hundred forty-nine-dd of the
     4  highway  law or wine trails designated pursuant to section three hundred
     5  forty-three-k  of  the  highway  law, and ensure that the trail route is
     6  designed and laid out so that it is relatively simple and easy to follow
     7  for users and contains few branches or laterals that dead end.
     8  § 49-0505. State geological planning and management board.
     9    1. For the purposes of this title, "board" means the state  geological
    10  planning and management board established pursuant to this section.
    11    2. There shall be established within the department the state geologi-
    12  cal  planning  and  management board. The board shall be composed of ten
    13  members as follows:
    14    a. the commissioner, or his or her  designee  who  is  an  officer  or
    15  employee of the department;
    16    b.  the  commissioner  of economic development, or his or her designee
    17  who is an officer or employee of the department of economic development;
    18    c. the commissioner of parks, recreation and historic preservation, or
    19  his or her designee who is an officer  or  employee  of  the  office  of
    20  parks, recreation and historic preservation;
    21    d.  the  commissioner of transportation, or his or her designee who is
    22  an officer or employee of the department of transportation;
    23    e. two members appointed by the governor, of whom:
    24    (1) one shall have been or is engaged in trail planning and/or manage-
    25  ment, and
    26    (2) one shall teach geology or be a geology professional;
    27    f. two members appointed by the temporary  president  of  the  senate,
    28  having  expertise  in  the field of ecology, conservation or trail plan-
    29  ning; and
    30    g. two members appointed by the speaker of the assembly, having exper-
    31  tise in the field of ecology, conservation or trail planning.
    32    3. The members of the board appointed pursuant to paragraphs e, f  and
    33  g  of  subdivision  two of this section shall serve terms of four years.
    34  Vacancies in the membership of the board shall be filled in  the  manner
    35  provided for original appointments.
    36    4. The commissioner, or his or her designee, shall be the chair of the
    37  board.  The  board  shall  meet  not less than three times each calendar
    38  year, and more frequently at the call of the chair of the board.
    39    5. The board shall establish:
    40    a. criteria for signage on the state geological trail, including means
    41  of providing information about geological features associated with  each
    42  particular  portion  of  such  trail.  Provided,  however, that all such
    43  signage shall comply with the New York state manual  and  specifications
    44  for a uniform system of traffic control devices as such manual and spec-
    45  ifications  may  be  amended  from time to time, certified by a licensed
    46  professional engineer who specializes in  traffic  operations.  For  the
    47  purposes of this section, the term "New York state manual and specifica-
    48  tions  for  a  uniform system of traffic control devices" shall mean the
    49  national manual of uniform traffic control devices  promulgated  by  the
    50  federal  highway  administration  pursuant to subpart (f) of part 655 of
    51  title 23 of the code of federal  regulations  and  the  New  York  state
    52  supplement  adopted  by  the  commissioner of transportation pursuant to
    53  section sixteen hundred eighty of the vehicle and traffic law; and
    54    b. state geological trail publications,  guidelines  for  interpretive
    55  programs  and themes relating to portions of the state geological trail,
    56  and an internet website providing directional information on educational

        A. 1505                             5
 
     1  institutions that have programs relating to the geological and conserva-
     2  tion aspects of the portions of the state geological trail.
     3    §  3. Section 100 of the economic development law is amended by adding
     4  a new subdivision 48 to read as follows:
     5    48. to cooperate with and provide assistance to the  commissioners  of
     6  environmental   conservation   and   transportation   to  implement  the
     7  provisions of title five of  article  forty-nine  of  the  environmental
     8  conservation law.
     9    § 4. This act shall take effect immediately.
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