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S01067 Summary:

BILL NOS01067A
 
SAME ASSAME AS A07326-A
 
SPONSORSERRANO
 
COSPNSRADDABBO
 
MLTSPNSR
 
Add §3.27, Pks & Rec L; add §97-wwww, St Fin L
 
Establishes the New York state park adopt-a-trail stewardship program and the New York state park adopt-a-trail stewardship program fund.
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S01067 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1067--A
            Cal. No. 1225
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by Sens. SERRANO, ADDABBO -- read twice and ordered printed,
          and when printed to be committed to the Committee on Cultural Affairs,
          Tourism, Parks and Recreation -- reported favorably from said  commit-
          tee,  ordered  to first and second report, ordered to a third reading,
          amended and ordered reprinted, retaining its place  in  the  order  of
          third reading
 
        AN  ACT to amend the parks, recreation and historic preservation law, in
          relation  to  establishing  the  New  York  state  park  adopt-a-trail
          stewardship  program;  and to amend the state finance law, in relation
          to establishing the state park adopt-a-trail stewardship program fund
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  parks,  recreation  and historic preservation law is
     2  amended by adding a new section 3.27 to read as follows:
     3    § 3.27 State park adopt-a-trail stewardship program. 1. a. The commis-
     4  sioner may enter into stewardship agreements with any person or  persons
     5  for  the  purposes  of  preserving, maintaining, or enhancing a trail or
     6  trails in state-owned parks or any portion thereof  in  accordance  with
     7  the policies of this chapter.
     8    b.  In  the  commissioner's discretion, the commissioner may establish
     9  permanent or temporary agreements with parks' friends  groups  or  other
    10  local  community  non-profit  groups,  such as parks' friends groups, to
    11  administer the program. If more than one group is interested in adminis-
    12  tering the program, the commissioner shall develop an open  and  compet-
    13  itive  process  to select the best group to administer the program.  For
    14  the purposes of this section, "parks' friends groups" shall  be  defined
    15  as  non-profit  organizations  that  have  been  designated as 501(c)(3)
    16  organizations under federal  law  established  primarily  to  support  a
    17  specific park area or group of parks.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00443-02-5

        S. 1067--A                          2
 
     1    2.  The  stewardship  agreement  shall  provide that the trail area be
     2  preserved and maintained in its natural, cultural and  historical  state
     3  or  managed  to enhance or restore the natural, cultural, historical and
     4  heritage values it provides, consistent  with  the  provisions  of  this
     5  chapter.    Activities may include:   remediation of vandalism and storm
     6  damage; disposing of  litter  and  trash;  establishing  or  maintaining
     7  access  to  nature  trails;  providing  interpretive services for school
     8  groups and other citizens; lawn maintenance and  tree  trimming;  plant-
     9  ings,  installation,  repair  or  replacement of benches, kiosks, picnic
    10  tables and shelters; and otherwise providing positive  benefits  to  the
    11  trail area.
    12    3.  Stewardship  agreement  with any person or persons may provide for
    13  assistance of personnel, facilities and supplies of the office  for  the
    14  purposes  of  supporting  appropriate  activities under such stewardship
    15  agreement, in accordance with the provisions of this chapter.
    16    4. The office shall establish procedures by which a person or  persons
    17  may  apply  for  a  stewardship  agreement, and shall be responsible for
    18  working with such person or persons to identify specific sections  of  a
    19  state-owned  park  trail  and specific activities deemed appropriate for
    20  such stewardship agreement. The office  may  consider  factors  such  as
    21  safety,  environmental, cultural and historical sensitivity, need, cost,
    22  and other factors deemed relevant in determining which  trail  areas  or
    23  activities may be eligible or appropriate for a stewardship agreement.
    24    5.  a.  The office shall provide recognition of the stewardship activ-
    25  ities by displaying appropriate signage, as described in paragraph b  of
    26  this  subdivision,  on  or  near the adopted trail area, and may provide
    27  recognition by such other measures as it may determine to  be  appropri-
    28  ate,  including  but  not  limited  to press releases, certificates, and
    29  newsletters.
    30    b. Sponsorship may be indicated by having hiking  trail  marker  signs
    31  that  display the name of the trail sponsor. Trail signs shall be circu-
    32  lar and not be more than five inches in diameter, unless  deemed  neces-
    33  sary  to  be  larger  for  safety reasons or if the sign is an important
    34  marker such as the first sign of the trail.   The name  of  the  sponsor
    35  shall  not  take  up more than twenty-five percent of the sign and shall
    36  not impede upon the other information displayed on the sign.   Upon  the
    37  expiration of a temporary sponsorship agreement, the trail sponsor shall
    38  be  responsible  for  removing  all  trail marker signs that display the
    39  name.
    40    6. The stewardship agreement may be modified in scope  or  altered  in
    41  any  other manner at the sole discretion of the office, not inconsistent
    42  with the provisions of this section. The person or  persons  shall  have
    43  the  option  of  renewing  the  agreement subject to the approval of the
    44  office and the continuation by the office of  the  state  park  adopt-a-
    45  trail  stewardship  program. The office may immediately remove the signs
    46  and it may terminate the agreement upon thirty days notice,  if  in  its
    47  sole  judgment  it  finds  and determines that the person or persons are
    48  violating the terms and conditions of the agreement.
    49    7. The commissioner shall determine in the commissioner's  discretion,
    50  which  trails  or portions thereof shall be sponsored in accordance with
    51  the provisions of this section. Nothing in this  section  shall  require
    52  the commissioner to authorize the stewardship of any particular trail or
    53  portion thereof.
    54    8. Any funds designated to fund the stewardship program established by
    55  this  section  shall be held in the state park adopt-a-trail stewardship

        S. 1067--A                          3
 
     1  program fund established  in  section  ninety-seven-wwww  of  the  state
     2  finance law.
     3    9.  No agreement entered into pursuant to the state park adopt-a-trail
     4  stewardship program shall result in the displacement  of  any  currently
     5  employed worker or the loss of position, including the partial displace-
     6  ment  such  as  reduction  in  the hours of non-overtime labor, wages or
     7  employment benefits, or result in the impairment of existing  collective
     8  bargaining agreements.
     9    §  2. The state finance law is amended by adding a new section 97-wwww
    10  to read as follows:
    11    § 97-wwww. State park adopt-a-trail  stewardship  program  fund.    1.
    12  There  is  hereby  established  in  the joint custody of the state comp-
    13  troller and the commissioner of parks, recreation and historic preserva-
    14  tion a special fund  to  be  known  as  the  "state  park  adopt-a-trail
    15  stewardship program fund".
    16    2. Such fund shall consist of all moneys credited or transferred ther-
    17  eto  from  any  other fund or source pursuant to law. Moneys in the fund
    18  shall be kept separate and shall not be commingled with any other moneys
    19  in the custody of the comptroller.
    20    3. Moneys of the fund may be expended for  the  purposes  provided  in
    21  section  3.27  of  the  parks,  recreation and historic preservation law
    22  according to the requirements of such section. Moneys shall be paid  out
    23  of  the fund on the audit and warrant of the state comptroller on vouch-
    24  ers certified or approved by the commissioner of parks,  recreation  and
    25  historic preservation.
    26    4.  The  fund shall be held within the business and licensing services
    27  account as established in section ninety-seven-y of this article.
    28    § 3. This act shall take effect on the one hundred twentieth day after
    29  it shall have become a law.  Effective immediately the addition,  amend-
    30  ment and/or repeal of any rule or regulation necessary for the implemen-
    31  tation  of  this act on its effective date are authorized to be made and
    32  completed on or before such date.
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