Bill Text: NY A09794 | 2017-2018 | General Assembly | Introduced
Bill Title: Establishes an outdoor Rx program to benefit residents of the state, particularly veterans and individuals recovering from substance abuse or a physical or mental trauma by establishing outdoor environmental, ecological, agricultural, or other natural resource based therapy programs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-09 - referred to tourism, parks, arts and sports development [A09794 Detail]
Download: New_York-2017-A09794-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9794 IN ASSEMBLY February 9, 2018 ___________ Introduced by M. of A. BARRETT -- read once and referred to the Commit- tee on Tourism, Parks, Arts and Sports Development AN ACT to amend the parks, recreation and historic preservation law, in relation to establishing an outdoor Rx program for outdoor environ- mental, ecological, agricultural, or other natural resource based therapy programs; and to amend the state finance law, in relation to establishing the outdoor Rx program fund The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "outdoor Rx 2 act". 3 § 2. Legislative intent. Studies have shown that time outdoors can be 4 a valuable adjunct therapy in addition to more traditional health care, 5 while also reducing reliance on prescription medication. The therapeutic 6 benefits of time spent outdoors is clinically proven and is known to 7 help reduce stress, improve concentration, and promote overall well-be- 8 ing, both physical and mental. Outdoor-based therapeutic programs, 9 including adventure therapy, wilderness therapy, horticultural therapy, 10 walk-and-talk therapy, and other nature-oriented programs, are currently 11 being used by mental health professionals and are shown to have benefits 12 including reduction of stress, restoration of attention, and an improved 13 sense of well-being. Such outdoor programs aim to connect people with 14 nature thereby proving to be particularly beneficial to individuals 15 undergoing a recovery process. Recognizing the healing benefits of outd- 16 oor-based therapeutic programs to residents of the state, particularly 17 veterans and individuals recovering from substance abuse or a physical 18 or mental trauma, the legislature supports the establishment of an 19 outdoor Rx program. 20 § 3. The parks, recreation and historic preservation law is amended by 21 adding a new article 18 to read as follows: 22 ARTICLE 18 23 OUTDOOR RX PROGRAM 24 Section 18.01 Outdoor Rx program. 25 18.03 Outdoor Rx program fund. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13752-05-8A. 9794 2 1 18.05 Use of funds. 2 18.07 Eligibility. 3 18.09 Eligibility criteria. 4 18.11 Program selection. 5 § 18.01 Outdoor Rx program. 1. In recognition of the great therapeutic 6 benefits of outdoor recreation, the outdoor Rx program is hereby estab- 7 lished to provide funds for outdoor environmental, ecological, agricul- 8 tural, or other natural resource based therapy programs serving the 9 citizens of the state. The commissioner shall establish and implement 10 the program to provide grants for outdoor-based therapy programs. 11 2. The commissioner shall establish an advisory committee to assist 12 and advise the office in the development and administration of the 13 outdoor Rx program. The committee shall consist of at least seven 14 members appointed as follows: at least one member appointed by the 15 commissioner of parks, recreation and historic preservation; at least 16 one member appointed by the New York state director of veterans' 17 affairs; at least one member appointed by the commissioner of environ- 18 mental conservation; at least one member appointed by the commissioner 19 of health; at least one member appointed from the business community; at 20 least two members appointed from an outdoor organization; and any other 21 members the commissioner deems sufficient to ensure a cross section of 22 participants. 23 § 18.03 Outdoor Rx program fund. 1. Funds deposited in the outdoor Rx 24 program fund pursuant to section ninety-nine-bb of the state finance law 25 shall be transferred to the office to be used solely for the outdoor Rx 26 program purposes identified in this article including the administration 27 of the program. The office shall be authorized to accept gifts, grants, 28 donations, or moneys from any source for deposit in the outdoor Rx 29 program fund. Any public agency in this state shall be authorized to 30 develop and implement outdoor Rx programs. The commissioner shall be 31 authorized to make grants to public agencies and contract with any 32 public or private agency or person to develop and implement outdoor Rx 33 programs. 34 2. (a) The commissioner shall establish limitations on the availabili- 35 ty and use of outdoor Rx program funds; provided, however, that any 36 limitations shall be defined in the application package. The commission- 37 er shall establish such limitations only after considering the follow- 38 ing: 39 (i) consistency with the purpose of the outdoor Rx program as stated 40 in subdivision one of section 18.01 of this article; and 41 (ii) availability of funds. 42 (b) The commissioner shall be authorized to determine that applicants 43 be required to make a matching contribution to be eligible for funding. 44 (c) The commissioner shall be authorized to limit the amount of fund- 45 ing available for any element of a program. 46 § 18.05 Use of funds. The following conditions apply to the use of the 47 funds: 48 1. For every funded project, a contract shall be executed on behalf of 49 the office and by the funding recipient. The funding recipient shall not 50 be reimbursed for costs incurred prior to the execution of the contract 51 by both parties. 52 2. The funding recipient for grants under this article shall ensure 53 that all programs are in accordance with any technical standards estab- 54 lished by the office. 55 3. The funding recipient shall submit any reports required by the 56 office as directed in the funding contract.A. 9794 3 1 4. The funding recipient shall agree to and certify compliance with 2 all applicable federal and state laws, regulations and policies. 3 5. Funding recipients shall maintain accurate accounting records on 4 the expenditure of project funds, provide the office with such records 5 consistent with the agreement or upon request, and permit the office to 6 audit the use of funds in accordance with generally accepted audit prac- 7 tices and standards. The office shall reserve the right to terminate its 8 participation in any project which fails to perform according to the 9 requirements of this article. 10 6. The office shall be authorized to assess fees to program partic- 11 ipants for program services. 12 § 18.07 Eligibility. 1. The commissioner shall set priorities and 13 develop criteria for the awarding of grants to outdoor environmental, 14 ecological, agricultural, or other natural resource-based therapy 15 programs considering at least the following: 16 (a) Programs that utilize veterans for at least fifty percent of 17 program implementation or administration; 18 (b) Programs that contribute to healthy lifestyles through outdoor 19 recreation; 20 (c) Programs that will commit matching and in-kind resources; 21 (d) Programs that create partnerships with public and private enti- 22 ties; 23 (e) Programs that maximize the number of participants that can be 24 served, particularly participants who are veterans or who are recovering 25 from substance abuse or physical or mental trauma; 26 (f) Various state parks as venues and use of the office's personnel as 27 a resource; 28 (g) Programs that make use of research-based, effective environmental, 29 ecological, agricultural, or other natural resource-based therapy; 30 (h) Programs that provide citizens of the state with opportunities to 31 directly experience and understand nature and the natural world; and 32 (i) Programs that include ongoing program evaluation, assessment, and 33 reporting of their effectiveness. 34 2. (a) The commissioner shall select activities eligible for funding. 35 Such activities may include, but need not be limited to, the following: 36 (i) Outdoor recreation; 37 (ii) Outdoor environmental studies; 38 (iii) Agricultural; 39 (iv) Natural resource based; 40 (v) Conservation; 41 (vi) Ecological; and 42 (vii) Stewardship or restoration. 43 (b) The following activities shall be ineligible for funding from the 44 outdoor Rx program: 45 (i) Activities that may be perceived to lobby or advocate for poli- 46 tical purposes; 47 (ii) Activities that are not in compliance with local, state and 48 federal laws; and 49 (iii) Organized youth sports such as a community league or school 50 team. 51 3. The advisory committee shall develop an application form which 52 eligible applicants shall be required to complete and submit in order to 53 be considered for receipt of a grant under this article. 54 § 18.09 Eligibility criteria. The following criteria shall be used to 55 evaluate applications: 56 1. Proposals that provide for public/private partnerships;A. 9794 4 1 2. Proposals that provide for innovative ways to increase the avail- 2 ability and use of outdoor recreation facilities; 3 3. Proposals which show consideration for the economics of installa- 4 tion or implementation to provide greatest cost benefit ratio, for exam- 5 ple, where private parties contribute more than the minimum amount; 6 4. Programs that commit matching and in-kind resources; 7 5. Proposals that use state park and other natural resource venues and 8 personnel as a resource; 9 6. Proposals that contribute to healthy lifestyles through outdoor 10 recreation and sound nutrition; 11 7. Proposals which contribute to the statewide network of facilities 12 or programs; 13 8. Proposals which encourage community involvement; 14 9. Proposals which encourage sound environmental practices; 15 10. Proposals that maximize the number of participants that can be 16 served; 17 11. Proposals that provide an opportunity to experience the out-of- 18 doors directly and understand nature and the natural world; 19 12. Proposals that include ongoing program evaluation, assessment and 20 reporting of their effectiveness; 21 13. Programs that make use of research-based, effective environ- 22 mental, ecological, agricultural, or other natural resource-based thera- 23 py; and 24 14. Proposals which demonstrate innovative approaches to outdoor-based 25 therapy. 26 § 18.11 Program selection. 1. Completed applications shall be reviewed 27 by the office to determine eligibility and evaluated in accordance with 28 the purposes, eligibility requirements, limitations, and evaluation 29 criteria in this article. 30 2. The office shall consult with and consider the recommendations of 31 the advisory committee and present final recommendations to the commis- 32 sioner. 33 3. The commissioner shall make the final decision on funding a 34 project. 35 § 4. The state finance law is amended by adding a new section 99-bb to 36 read as follows: 37 § 99-bb. Outdoor Rx program fund. 1. There is hereby established in 38 the joint custody of the commissioner of taxation and finance and the 39 comptroller a fund to be known as the "outdoor Rx program fund". 40 2. Such fund shall consist of all revenues received pursuant to arti- 41 cle eighteen of the parks, recreation and historic preservation law and 42 all other moneys appropriated, credited or transferred thereto from any 43 other fund or source pursuant to law. Nothing contained in this section 44 shall prevent the state from receiving grants, gifts or bequests for the 45 purposes of the fund as defined in this section and depositing them into 46 the fund according to law. 47 2-a. On or before the first day of February each year, the comptroller 48 shall certify to the governor, temporary president of the senate, speak- 49 er of the assembly, chair of the senate finance committee and chair of 50 the assembly ways and means committee, the amount of money deposited in 51 the outdoor Rx program fund during the preceding calendar year as the 52 result of revenue derived pursuant to article eighteen of the parks, 53 recreation and historic preservation law and from grants, gifts and 54 bequests. 55 2-b. On or before the first day of February each year, the commission- 56 er of parks, recreation and historic preservation shall provide a writ-A. 9794 5 1 ten report to the temporary president of the senate, speaker of the 2 assembly, chair of the senate finance committee, chair of the assembly 3 ways and means committee, chair of the senate committee on health, chair 4 of the assembly health committee, the state comptroller and the public. 5 Such report shall include how the monies of the fund were utilized 6 during the preceding calendar year, and shall include: 7 (a) the amount of money disbursed from the fund and the process used 8 for such disbursements; 9 (b) recipients of grants from the fund; 10 (c) the amount awarded to each recipient; 11 (d) the purposes for which such grants were awarded; and 12 (e) a summary financial plan for such monies which shall include esti- 13 mates of all receipts and all disbursements for the current and succeed- 14 ing fiscal years, along with the actual results from the prior fiscal 15 year. 16 3. Monies of the fund shall be expended only for outdoor Rx projects 17 approved by the commissioner of parks, recreation and historic preserva- 18 tion in New York state. 19 4. Monies shall be payable from the fund on the audit and warrant of 20 the comptroller on vouchers approved and certified by the commissioner 21 of parks, recreation and historic preservation. 22 5. To the extent practicable, the commissioner of parks, recreation 23 and historic preservation shall ensure that all monies received during a 24 fiscal year are expended prior to the end of that fiscal year. 25 § 5. This act shall take effect immediately.
