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A09453 Summary:

BILL NOA09453
 
SAME ASSAME AS S07221
 
SPONSORJones
 
COSPNSR
 
MLTSPNSR
 
Add Art 9 Title 23 §§9-2301 - 9-2304, En Con L
 
Relates to the Mount Van Hoevenberg Olympic Sports Complex in Essex County.
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A09453 Text:



 
                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.
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