STATE OF NEW YORK
________________________________________________________________________
9453
IN ASSEMBLY
March 7, 2022
___________
Introduced by M. of A. JONES -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
Mount Van Hoevenberg Olympic Sports Complex
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 9 of the environmental conservation law is amended
2 by adding a new title 23 to read as follows:
3 TITLE 23
4 THE MOUNT VAN HOEVENBERG OLYMPIC SPORTS COMPLEX
5 Section 9-2301. Legislative purpose and intent.
6 9-2302. Definitions.
7 9-2303. Construction, operation, and maintenance of the Mount
8 Van Hoevenberg Olympic Sports Complex.
9 9-2304. Land to be acquired for inclusion in the forest preserve
10 in the Adirondack park.
11 § 9-2301. Legislative purpose and intent.
12 1. It is the intent of the legislature to hereby implement the amend-
13 ment to section one of article fourteen, of the New York state constitu-
14 tion pertaining to the Mount Van Hoevenberg Olympic Sports Complex
15 located on forest preserve lands in the town of North Elba in Essex
16 County.
17 2. The legislature further intends that implementation of the consti-
18 tutional amendment should be accomplished in a manner that ensures the
19 integrity of the forest preserve land on which the sports complex is
20 situated and results in a significant increase of forest preserve acre-
21 age in the Adirondack park.
22 3. The legislature intends that, as offset for the use of forest
23 preserve lands for the sports complex, the state shall acquire as an
24 addition to the forest preserve at least two thousand five hundred acres
25 of true forest land located in the Adirondack park. To ensure that such
26 lands will be acquired and have characteristics suitable for inclusion
27 in to the forest preserve, the legislature intends to review and approve
28 the acquisition of such lands.
29 4. For these reasons and as authorized by the provisions of section
30 one of article fourteen of the state constitution, the legislature finds
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11812-01-1
A. 9453 2
1 that it is in the public interest to hereby implement the constitutional
2 amendment pertaining to the Mount Van Hoevenberg Olympic Sports Complex.
3 § 9-2302. Definitions.
4 For purposes of this title, the following terms shall have the follow-
5 ing meanings:
6 1. "Appurtenances" shall mean those facilities that are directly
7 related to and necessary for the construction, operation, maintenance,
8 and public use of modern Nordic skiing and biathlon trails, such as
9 access roads, parking lots, sanitary facilities, offices, day lodges and
10 amenities, snowmaking, five kilometer of paved training trails, and an
11 open-air Nordic skiing and biathlon stadium. This term shall not
12 include:
13 (a) facilities such as zip lines, hotels, condominiums, swimming
14 pools, all-terrain vehicles or off-road vehicles for public use, tennis
15 courts and other structures and improvements which are not directly
16 related to and necessary for operation, maintenance, and public use of
17 the sports complex; or
18 (b) any structure located at or above an elevation of two thousand two
19 hundred feet above sea level used for the sale of any goods, services,
20 merchandise, food, or beverage.
21 2. "Mount Van Hoevenberg Olympic Sports Complex" means a one thousand
22 thirty-nine and two-tenths acre parcel of forest preserve land located
23 in the town of North Elba in Essex County on which the Mount Van Hoeven-
24 berg Olympic Sports Complex is currently located. For purposes of this
25 title, land owned by the town of North Elba which is located adjacent to
26 forest preserve land and over which the state has an easement, including
27 land on which the Olympic bobsled run is located, shall not be consid-
28 ered part of such sports complex.
29 § 9-2303. Construction, operation, and maintenance of the Mount Van
30 Hoevenberg Olympic Sports Complex.
31 Not more than three hundred twenty-two and twenty-six hundredths acres
32 of forest preserve land at the Mount Van Hoevenberg Olympic Sports
33 Complex may be used for the construction, operation, and maintenance of
34 Nordic skiing and biathlon trails, and appurtenances thereto. Any and
35 all development at the sports complex shall conform to guidelines set
36 forth in the Adirondack park state land master plan and shall be author-
37 ized by a unit management plan, as required by section eight hundred
38 sixteen of the executive law.
39 § 9-2304. Land to be acquired for inclusion in the forest preserve in
40 the Adirondack park.
41 As an offset for the use of forest preserve lands for the sports
42 complex, the state shall acquire no less than two thousand five hundred
43 acres of land for inclusion in the forest preserve in the Adirondack
44 park, subject to legislative approval. Such approval shall include a
45 metes and bounds description and an accurate survey of the lands
46 proposed for inclusion in the forest preserve.
47 § 2. This act shall take effect on the same date and in the same
48 manner as a "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing
49 an amendment to section 1 of article 14 of the constitution, in relation
50 to the Mount Van Hoevenberg Olympic Sports Complex in Essex County"
51 takes effect, in accordance with section 1 of article 19 of the consti-
52 tution. Effective immediately, the addition, amendment and/or repeal of
53 any rule or regulation necessary for the implementation of this act on
54 its effective date are authorized to be made and completed on or before
55 such effective date.