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S T a T E O F N E W Y O R K 3695--A 2009-2010

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S T a T E O F N E W Y O R K 3695--A 2009-2010 S T A T E O F N E W Y O R K ________________________________________________________________________ 3695--A 2009-2010 Regular Sessions I N A S S E M B L Y January 28, 2009 ___________ Introduced by M. of A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A. KOON, McENENY -- read once and referred to the Committee on Tourism, Arts and Sports Development -- recommitted to the Committee on Tour- ism, Arts and Sports Development in accordance with Assembly Rule 3, sec. 2 -- 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 the protection and management of the state park system THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative findings and purpose. The legislature finds the 2 New York state parks, and natural and cultural lands under state manage- 3 ment which began with the Niagara Reservation in 1885 embrace unique, 4 superlative and significant resources. They constitute a major source of 5 pride, inspiration and enjoyment of the people of the state, and have 6 gained international recognition and acclaim. 7 Establishment of the State Council of Parks by the legislature in 1924 8 was an act that created the first unified state parks system in the 9 country. By this act and other means the legislature and the people of 10 the state have repeatedly expressed their desire that the natural and 11 cultural state park resources of the state be accorded the highest 12 degree of protection. 13 Therefore, it is the purpose of this legislature to formally codify 14 the New York state park system and the identity of the individual units 15 thereof. 16 S 2. Short title. This act shall be known and may be cited as the "New 17 York state park system act". 18 S 3. The parks, recreation and historic preservation law is amended by 19 adding a new article 4 to read as follows: 20 ARTICLE 4 21 NEW YORK STATE PARK SYSTEM EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06170-04-0 A. 3695--A 2 1 SECTION 4.01 STATE PARK SYSTEM. 2 4.03 LAND CLASSIFICATION. 3 4.05 ADDITIONS TO THE SYSTEM. 4 S 4.01 STATE PARK SYSTEM. THE LEGISLATURE DECLARES THAT THE NATURAL 5 AND CULTURAL STATE PARK RESOURCES, WHICH BEGAN WITH THE ESTABLISHMENT OF 6 THE NIAGARA RESERVATION IN EIGHTEEN HUNDRED EIGHTY-FIVE, HAVE GROWN TO 7 INCLUDE SUPERLATIVE NATURAL, HISTORIC AND RECREATIONAL AREAS IN EVERY 8 REGION OF THE STATE; THAT THESE AREAS, THOUGH DISTINCT IN CHARACTER, ARE 9 UNITED THROUGH THESE INTERRELATED PURPOSES AND RESOURCES INTO ONE STATE 10 PARK SYSTEM AS A CUMULATIVE EXPRESSION OF A SINGLE HERITAGE; AND THAT, 11 INDIVIDUALLY AND COLLECTIVELY, THESE AREAS DESERVE INCREASED DIGNITY AND 12 RECOGNITION OF THEIR SUPERB ENVIRONMENTAL QUALITY AND RECREATIONAL 13 POTENTIAL THROUGH THEIR INCLUSION JOINTLY AND WITH EACH OTHER IN ONE 14 STATE PARK SYSTEM PRESERVED AND MANAGED FOR THE BENEFIT AND INSPIRATION 15 OF ALL THE PEOPLE OF THE STATE. THEREFORE, ANY AREA OF LAND AND WATER 16 ADMINISTERED BY THE COMMISSIONER FOR PARK, HISTORIC, PARKWAY, RECRE- 17 ATIONAL OR OTHER PURPOSES SHALL BE DEEMED TO BE A PART OF THE STATE PARK 18 SYSTEM HEREBY FORMALLY CREATED AND SHALL BE DEEMED TO BE PUBLIC TRUST 19 LANDS. STATE MANAGEMENT OF COOPERATIVE PARKS INCLUDING STATE DESIGNATED 20 HERITAGE AREAS SHALL BE FULLY COORDINATED WITH THE STATE PARK SYSTEM. 21 THE ADMINISTRATION OF NATURAL AREAS IN THE STATE PARK SYSTEM SHALL, TO 22 THE FULLEST EXTENT PRACTICABLE, PROVIDE FOR THE INTERPLAY OF FORCES AND 23 PROCESSES OF NATURAL GEOLOGICAL CHANGE AND ECOLOGICAL SUCCESSION. THE 24 ADMINISTRATION OF ALL AREAS SHALL BE CONDUCTED IN THE LIGHT OF HIGH 25 PUBLIC VALUE AND THE INTEGRITY OF THE STATE PARK SYSTEM AND SHALL NOT BE 26 EXERCISED IN DEROGATION OF THE VALUES AND PURPOSES FOR WHICH THESE VARI- 27 OUS AREAS HAVE BEEN ESTABLISHED. 28 S 4.03 LAND CLASSIFICATION. THE COMMISSIONER SHALL PROMULGATE RULES 29 AND REGULATIONS ESTABLISHING A LAND CLASSIFICATION SYSTEM FOR THE PRES- 30 ERVATION AND USE OF ALL AREAS OR UNITS WITHIN THE STATE PARK SYSTEM. 31 CLASSIFICATIONS SHALL BE IDENTIFIED IN ORDER TO FOSTER THE GOAL OF 32 PROTECTION OF PARK RESOURCES, APPROPRIATELY BALANCED WITH THE USE AND 33 APPRECIATION OF THOSE RESOURCES BY VISITORS. ONE CLASSIFICATION SHALL 34 BE FOR MAXIMUM RESOURCE PROTECTION WHERE RESTRICTED USE MAY BE NECESSARY 35 TO PROTECT SENSITIVE ECOLOGICAL SYSTEMS AND CULTURAL AREAS OR RESOURCES 36 OF SPECIAL VALUE FOR RESEARCH, SCIENTIFIC OR RELATED PURPOSES. EACH 37 CLASSIFICATION SHALL INCLUDE A STATEMENT OF APPROPRIATE PROTECTION STAN- 38 DARDS. 39 S 4.05 ADDITIONS TO THE SYSTEM. THE COMMISSIONER SHALL INVESTIGATE, 40 STUDY AND CONTINUALLY MONITOR THE STATUS AND WELFARE OF AREAS WHOSE 41 RESOURCES EXHIBIT QUALITIES OF STATEWIDE SIGNIFICANCE AND WHICH HAVE 42 POTENTIAL FOR INCLUSION IN THE STATE PARK SYSTEM. FOR PURPOSES OF THIS 43 RESPONSIBILITY, THE COMMISSIONER SHALL CONSIDER THREATS TO RESOURCE 44 VALUES, COST ESCALATION FACTORS AND RELATIONSHIP TO THE NATURAL AND 45 HISTORIC THEMES OF THE STATE. ON OR BEFORE MARCH FIRST OF EACH YEAR, THE 46 COMMISSIONER SHALL REPORT TO THE SPEAKER OF THE ASSEMBLY AND THE TEMPO- 47 RARY PRESIDENT OF THE SENATE A LIST OF AREAS THAT ARE UNDER CONSIDER- 48 ATION FOR POTENTIAL INCLUSION IN THE STATE PARK SYSTEM. 49 S 4. Section 13.03 of the parks, recreation and historic preservation 50 law is amended to read as follows: 51 S 13.03 Listing of state parks, STATE PARKWAYS, parkways, recreation 52 facilities [and], historic sites AND ARTIFACTS. 1. The commissioner 53 shall, by regulation, maintain a current listing and description of all 54 state parks, STATE PARKWAYS, parkways, recreation facilities [and], 55 historic sites AND ARTIFACTS under the custody and control of the A. 3695--A 3 1 office, other state agency, authority or other instrumentality of the 2 state, which are now in existence or hereafter shall be acquired. 3 2. As used in this article, "state agency" shall mean the Palisades 4 interstate park commission or the department of environmental conserva- 5 tion. 6 3. THE COMMISSIONER'S LISTING OF STATE PARKS AND HISTORIC SITES SHALL 7 INCLUDE, BUT NOT BE LIMITED TO: 8 (A) NIAGARA FRONTIER STATE PARK, RECREATION AND HISTORIC PRESERVATION 9 COMMISSION 10 (I) STATE PARK COUNTY 11 AMHERST STATE PARK ERIE 12 BEAVER ISLAND STATE PARK ERIE 13 BIG SIX MILE CREEK MARINA ERIE 14 BUCKHORN STATE PARK ERIE 15 DEVEAUX WOODS STATE PARK NIAGARA 16 DEVIL'S HOLE STATE PARK NIAGARA 17 EARL W. BRYDGES ARTPARK STATE PARK NIAGARA 18 EVANGOLA STATE PARK ERIE 19 FORT NIAGARA STATE PARK NIAGARA 20 FOUR MILE CREEK STATE PARK NIAGARA 21 GOLDEN HILL STATE PARK NIAGARA 22 JOSEPH DAVIS STATE PARK NIAGARA 23 KNOX FARM STATE PARK NIAGARA 24 NIAGARA RESERVATION STATE PARK NIAGARA 25 NIAGARA FALLS STATE PARK NIAGARA 26 RESERVOIR STATE PARK NIAGARA 27 STRAWBERRY ISLAND STATE PARK NIAGARA 28 WHIRPOOL STATE PARK NIAGARA 29 WISLON-TUSCARORA STATE PARK NIAGARA 30 WOODLAWN BEACH STATE PARK ERIE 31 (II) HISTORIC SITE COUNTY 32 OLD FORT NIAGARA STATE HISTORIC SITE NIAGARA 33 DARWIN MARTIN HOUSE STATE HISTORIC SITE ERIE 34 (B) ALLEGANY STATE PARK, RECREATION AND HISTORIC PRESERVATION COMMIS- 35 SION 36 (I) STATE PARK COUNTY 37 ALLEGANY STATE PARK CATTARAUGUS 38 ALLEGANY STATE PARK - QUAKER AREA CATTARAUGUS 39 ALLEGANY STATE PARK - RED HOUSE AREA CATTARAUGUS 40 LAKE ERIE STATE PARK CHAUTAUQUA 41 LONG POINT ON LAKE CHAUTAUQUA CHAUTAUQUA 42 MIDWAY STATE PARK CHAUTAUQUA 43 (II) HISTORIC SITE 44 NONE 45 (C) GENESEE STATE PARK, RECREATION AND HISTORIC PRESERVATION COMMISSION 46 (I) STATE PARK COUNTY 47 BRADDOCK BAY STATE PARK MONROE 48 CONESUS LAKE BOAT LAUNCH LIVINGSTON 49 DARIEN LAKES STATE PARK GENESEE A. 3695--A 4 1 HAMLIN BEACH STATE PARK MONROE 2 IRONDEQUOIT BAY STATE MARINE PARK MONROE 3 LAKESIDE BEACH STATE PARK ORLEANS 4 LETCHWORTH STATE PARK LIVINGSTON AND WYOMING 5 OAK ORCHARD STATE MARINE PARK ORLEANS 6 SILVER LAKE STATE PARK WYOMING 7 (II) HISTORIC SITE 8 NONE 9 (D) FINGER LAKES STATE PARK, RECREATION AND HISTORIC PRESERVATION 10 COMMISSION 11 (I) STATE PARK COUNTY 12 ALLAN H. TREMAN STATE MARINE PARK TOMPKINS 13 BEECHWOOD STATE PARK WAYNE 14 BONAVISTA STATE PARK SENECA 15 BUTTERMILK FALLS STATE PARK TOMPKINS 16 CANANDAIGUA LAKE STATE MARINE PARK ONTARIO 17 CATHERINE VALLEY TRAIL CHEMUNG 18 CAYUGA LAKE STATE PARK SENECA 19 CHIMNEY BLUFFS STATE PARK WAYNE 20 DEANS COVE BOAT LAUNCH SENECA 21 FAIR HAVEN BEACH STATE PARK CAYUGA 22 FILLMORE GLEN STATE PARK CAYUGA 23 HARRIET HOLLISTER SPENCER 24 STATE RECREATION AREA ONTARIO 25 HONEOYE LAKE BOAT LAUNCH STATE PARK ONTARIO 26 KEUKA LAKE STATE PARK YATES 27 LODI POINT STATE PARK SENECA 28 LONG POINT STATE PARK CAYUGA 29 NEWTOWN BATTLEFIELD RESERVATION STATE PARK CHEMUNG 30 PINNACLE STATE PARK STEUBEN 31 ROBERT H. TREMAN STATE PARK TOMPKINS 32 SAMPSON STATE PARK SENECA 33 SENECA LAKE STATE PARK ONTARIO AND SENECA 34 STONY BROOK STATE PARK STEUBEN 35 TAUGHANNOCK FALLS STATE PARK TOMPKINS 36 TWO RIVERS STATE PARK AND RECREATION AREA TIOGA 37 MARK TWAIN STATE PARK CHEMUNG 38 WATKINS GLEN STATE PARK SCHUYLER 39 (II) HISTORIC SITE COUNTY 40 GANONDAGAN STATE HISTORIC SITE ONTARIO 41 SONNENBERG GARDENS & MANSION 42 STATE HISTORIC SITE ONTARIO 43 (E) CENTRAL NEW YORK STATE PARK, RECREATION AND HISTORIC PRESERVATION 44 COMMISSION 45 (I) STATE PARK COUNTY 46 BATTLE ISLAND STATE PARK OSWEGO 47 BETTY AND WILBUR DAVIS STATE PARK OTSEGO 48 BOWMAN LAKE STATE PARK CHENANGO 49 CHENANGO VALLEY STATE PARK BROOME 50 CHITTENANGO FALLS STATE PARK MADISON A.
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