STATE OF NEW YORK
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4824--A
2015-2016 Regular Sessions
IN SENATE
April 20, 2015
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Introduced by Sen. PANEPINTO -- read twice and ordered printed, and when
printed to be committed to the Committee on Cultural Affairs, Tourism,
Parks and Recreation -- recommitted to the Committee on Cultural
Affairs, Tourism, Parks and Recreation in accordance with Senate Rule
6, sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the parks, recreation and historic preservation law, in
relation to defining boundaries of the Niagara river greenway
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 39.03 of the parks, recreation and
2 historic preservation law, as added by chapter 460 of the laws of 2004,
3 is amended to read as follows:
4 1. "Niagara river greenway" or "greenway" shall mean a linear system
5 of state and local parks and conservation areas linked by a network of
6 multi use trails within the greenway area [established by an approved
7 plan of the commission as provided for in this article] which shall
8 include: lands and waters as identified as the "Greenway Focus Area"
9 designated within the Niagara River Greenway Plan that includes areas
10 within adopted Local Waterfront Revitalization Plans and New York State
11 Coastal Management Zones. Only those projects located within the Green-
12 way Focus Area may be funded. Within the tributaries of the Greenway
13 Focus Area, only those projects which demonstrate a direct relationship
14 to water quality improvement, ecosystem function, or trail connections,
15 may be funded.
16 § 2. The closing paragraph of section 39.07 of the parks, recreation
17 and historic preservation law, as added by chapter 460 of the laws of
18 2004, is amended to read as follows:
19 Such draft plan shall be submitted to the commissioner [of parks,
20 recreation and historic preservation] within two years of the effective
21 date of this article. The commissioner may approve the plan, may return
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00472-02-6
S. 4824--A 2
1 the plan to the commission with recommendations for approval, or may
2 reject such plan. Prior to submission of the draft plan to the commis-
3 sioner, the commission shall hold at least one public hearing on the
4 draft plan in each county for which the plan is applicable. The local
5 legislative body of each city, town or village within the boundaries
6 designated by the draft plan must approve the plan following the public
7 hearing or hearings and before it is submitted to the commissioner. A
8 copy of the approved plan shall be provided to the governor, the tempo-
9 rary president of the senate and the speaker of the assembly. As creat-
10 ing a linear system of state and local parks and conservation areas
11 linked by a network of multi-use trails is the primary mission of the
12 Niagara river greenway commission, this mission shall take priority and
13 no project which does not further this mission, as described and defined
14 in this paragraph, shall be funded.
15 § 3. Section 39.19 of the parks, recreation and historic preservation
16 law, as added by chapter 460 of the laws of 2004, is amended to read as
17 follows:
18 § 39.19 State actions. Each state agency shall review its actions
19 within the greenway in relation to the consistency of such actions with
20 the approved Niagara river greenway plan. However, no action may be
21 taken unless it is consistent with the provisions of this article and
22 the chapter of the laws of two thousand sixteen that amended this
23 section.
24 § 4. This act shall take effect immediately.
