|SAME AS||SAME AS S00967|
|COSPNSR||Lupardo, Crespo, Solages, Rosenthal, Galef, Lifton, Otis|
|MLTSPNSR||Abbate, Barnwell, Blake, Cahill, Cook, Gottfried, Gunther, Jaffee, Kearns, Simon, Skartados, Skoufis, 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.|
|01/12/2017||referred to environmental conservation|
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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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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. LBD04287-01-7A. 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 educationalA. 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.