STATE OF NEW YORK
________________________________________________________________________
1359
2021-2022 Regular Sessions
IN SENATE
January 11, 2021
___________
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
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 his or her discretion, the commissioner may establish permanent
9 or temporary agreements with parks' friends groups or other local commu-
10 nity non-profit groups, such as parks' friends groups, to administer the
11 program. If more than one group is interested in administering the
12 program, the commissioner shall develop an open and competitive process
13 to select the best group to administer the program. For the purposes of
14 this section, "parks' friends groups" are generally defined as nonprofit
15 organizations that have been designated as 501(c)(3) organizations under
16 federal law established primarily to support a specific park area or
17 group of parks.
18 2. The stewardship agreement shall provide that the trail area be
19 preserved and maintained in its natural, cultural and historical state
20 or managed to enhance or restore the natural, cultural, historical and
21 heritage values it provides, consistent with the provisions of this
22 chapter. Activities may include: remediation of vandalism and storm
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03293-01-1
S. 1359 2
1 damage; disposing of litter and trash; establishing or maintaining
2 access to nature trails; providing interpretive services for school
3 groups and other citizens; lawn maintenance and tree trimming; plant-
4 ings, installation, repair or replacement of benches, kiosks, picnic
5 tables and shelters; and otherwise providing positive benefits to the
6 trail area.
7 3. Stewardship agreement with any person or persons may provide for
8 assistance of personnel, facilities and supplies of the office for the
9 purposes of supporting appropriate activities under such stewardship
10 agreement, in accordance with the provisions of this chapter.
11 4. The office shall establish procedures by which a person or persons
12 may apply for a stewardship agreement, and shall be responsible for
13 working with such persons to identify specific sections of a state-owned
14 park trail and specific activities deemed appropriate for such steward-
15 ship agreement. The office may consider factors such as safety, environ-
16 mental, cultural and historical sensitivity, need, cost, and other
17 factors deemed relevant in determining which trail areas or activities
18 may be eligible or appropriate for a stewardship agreement.
19 5. a. The office shall provide recognition of the stewardship activ-
20 ities by displaying appropriate signage, as described in paragraph b of
21 this subdivision, on or near the adopted trail area, and may provide
22 recognition by such other measures as it may determine to be appropri-
23 ate, including but not limited to press releases, certificates, and
24 newsletters.
25 b. Sponsorship may be indicated by having hiking trail marker signs
26 that display the name of the trail sponsor. Trail signs shall be circu-
27 lar and not be more than five inches in diameter, unless deemed neces-
28 sary to be larger for safety reasons or if the sign is an important
29 marker such as the first sign of the trail. The name of the sponsor
30 shall not take up more than twenty-five percent of the sign and shall
31 not impede upon the other information displayed on the sign. Upon the
32 expiration of a temporary sponsorship agreement, the trail sponsor shall
33 be responsible for removing all trail marker signs that display the
34 name.
35 6. The stewardship agreement may be modified in scope or altered in
36 any other manner at the sole discretion of the office, not inconsistent
37 with the provisions of this section. The person or persons shall have
38 the option of renewing the agreement subject to the approval of the
39 office and the continuation by the office of the state park adopt-a-
40 trail stewardship program. The office may immediately remove the signs
41 and it may terminate the agreement upon thirty days notice, if in its
42 sole judgment it finds and determines that the person or persons are
43 violating the terms and conditions of the agreement.
44 7. The commissioner shall determine in his or her discretion, which
45 trails or portions thereof shall be sponsored in accordance with the
46 provisions of this section. Nothing in this section shall require the
47 commissioner to authorize the stewardship of any particular trail or
48 portion thereof.
49 8. Any funds designated to fund the stewardship program established by
50 this section shall be held in the state park adopt-a-trail stewardship
51 program fund established in section ninety-seven-wwww of the state
52 finance law.
53 9. No agreement entered into pursuant to the state park adopt-a-trail
54 stewardship program shall result in the displacement of any currently
55 employed worker or the loss of position, including the partial displace-
56 ment such as reduction in the hours of non-overtime labor, wages or
S. 1359 3
1 employment benefits, or result in the impairment of existing collective
2 bargaining agreements.
3 § 2. The state finance law is amended by adding a new section 97-wwww
4 to read as follows:
5 § 97-wwww. State park adopt-a-trail stewardship program fund. 1.
6 There is hereby established in the joint custody of the state comp-
7 troller and the commissioner of parks, recreation and historic preserva-
8 tion a special fund to be known as the "state park adopt-a-trail
9 stewardship program fund".
10 2. Such fund shall consist of all moneys credited or transferred ther-
11 eto from any other fund or source pursuant to law. Moneys in the fund
12 shall be kept separate and shall not be commingled with any other moneys
13 in the custody of the comptroller.
14 3. Moneys of the fund may be expended for the purposes provided in
15 section 3.27 of the parks, recreation and historic preservation law
16 according to the requirements of such section. Moneys shall be paid out
17 of the fund on the audit and warrant of the state comptroller on vouch-
18 ers certified or approved by the commissioner of parks, recreation and
19 historic preservation.
20 4. The fund shall be held within the business and licensing services
21 account as established in section ninety-seven-y of this article.
22 § 3. This act shall take effect on the one hundred twentieth day after
23 it shall have become a law. Effective immediately the addition, amend-
24 ment and/or repeal of any rule or regulation necessary for the implemen-
25 tation of this act on its effective date are authorized to be made on or
26 before such date.
