Bill Text: NY A09881 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides for the designation of geologically significant areas, territories and sites throughout the state, and for the establishment of a state geological trail.

Spectrum: Partisan Bill (Democrat 25-1)

Status: (Engrossed - Dead) 2016-06-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [A09881 Detail]

Download: New_York-2015-A09881-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9881
                   IN ASSEMBLY
                                     April 22, 2016
                                       ___________
        Introduced  by  M. of A. ENGLEBRIGHT, LUPARDO, CRESPO, SOLAGES -- Multi-
          Sponsored by -- M. of A. ABBATE, BLAKE, CAHILL, CERETTO, COOK,  GALEF,
          GOTTFRIED,  GUNTHER,  JAFFEE,  KEARNS,  MARKEY,  NOLAN, OTIS, RUSSELL,
          SIMON, SKARTADOS, SKOUFIS, WALKER -- read once  and  referred  to  the
          Committee on Environmental Conservation
        AN  ACT to amend the environmental conservation law, the highway law and
          the economic development law, in  relation  to  establishing  a  state
          geological trail
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Legislative findings and intent. The state of New  York  is
     2  distinguished  by  its  unique  and  multiple  geological resources like
     3  Niagara Falls, Letchworth Gorge, and the Adirondack and Catskill  parks.
     4  Geological resources give the state special landscapes with considerable
     5  natural,  cultural,  economic,  aesthetic,  recreational,  touristic and
     6  symbolic importance to the people of  the  state  and  visitors  to  the
     7  state.  Geologists played an important role in developing the landscapes
     8  of the state, including the planning of the Erie Canal  and  undertaking
     9  geological surveys and mapping. The legislature finds that it is time to
    10  recognize  the  geological resources of the state and to utilize them to
    11  foster conservation awareness and education. Geological resources can be
    12  connected in a trail system that will strengthen the social and economic
    13  well-being of the people of the  state.  Geological  trails  can  be  an
    14  educational  resource  that  will make the outdoors more interesting and
    15  rewarding. Therefore, it is the intent of the  legislature  to  organize
    16  the  planners,  educators  and  conservationists to plan and execute the
    17  establishment of geological trails with interpretive features across the
    18  width and breadth of the state.
    19    § 2. Article 49 of the environmental conservation law  is  amended  by
    20  adding a new title 5 to read as follows:
    21                                   TITLE 5
    22                           STATE GEOLOGICAL TRAIL
    23  Section 49-0501. Designation of geoparks and other sites.
    24          49-0503. Establishment of state geological trail.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14672-02-6
        A. 9881                             2
     1          49-0505. State geological planning and management board.
     2  § 49-0501. Designation of geoparks and other sites.
     3    1. For the purposes of this title, a "geopark" is an area or territory
     4  of  the  state  encompassing one or more sites of scientific importance,
     5  for not only geological reasons but also by virtue of their archaeologi-
     6  cal, ecological and cultural value.
     7    2. The commissioner shall study and designate areas,  territories  and
     8  sites  within  the state which constitute geoparks and other sites which
     9  have geological significance. Such geoparks and sites may  include,  but
    10  not be limited to:
    11    a.  Cayuga  heights,  along  state  route thirty-four in the county of
    12  Tompkins;
    13    b. Cascadilla creek, along University avenue in the  city  of  Ithaca,
    14  county of Tompkins;
    15    c.  Ithaca  Falls park Fall creek, along Lincoln street in the city of
    16  Ithaca, county of Tompkins;
    17    d. Taughannock Falls state park, in the county of Tompkins;
    18    e. Niagara river gorge and Power Plant Haul road,  in  the  county  of
    19  Niagara;
    20    f. Whirlpool state park, in the county of Niagara;
    21    g.  the  mouth  of  Eighteen Mile creek at Lake Erie, in the county of
    22  Erie;
    23    h. Buffalo creek at Bullisi road, in the county of Erie;
    24    i. Fall brook along state route sixty-three, in the town  of  Geneseo,
    25  county of Livingston;
    26    j. LeRoy quarry, in the town of LeRoy, county of Genesee;
    27    k. the Potsdam sandstone at Ausable chasm, in the county of Clinton;
    28    l. Ausable falls, in the county of Clinton;
    29    m. Whiteface mountain, in the county of Essex;
    30    n. the Chattermarks on Bear mountain, in the county of Rockland;
    31    o. the erratic and groves in Central park, in the county of New York;
    32    p. the glacial channel in Central park, in the county of New York;
    33    q.  the burrows in sandstone in Watkins Glen, in the county of Schuyl-
    34  er;
    35    r. the upper devonian shale, siltstone and sandstone in  Watkins  Glen
    36  gorge, in the county of Schuyler;
    37    s. Watkins Glen state park, in the county of Schuyler;
    38    t. Letchworth state park, in the county of Wyoming;
    39    u.  Penn  Dixie  paleontological  and outdoor education center, in the
    40  county of Erie;
    41    v. Lafarge quarry, in the county of Ulster;
    42    w. Seneca stone quarry, in the county of Seneca;
    43    x. Taughannock park road in Taughannock Falls state park, in the coun-
    44  ty of Tompkins;
    45    y. State route four and twenty-two, in the town of  Whitehall,  county
    46  of Washington;
    47    z.  Rondaxe  road  on  Bald  mountain,  in the town of Webb, county of
    48  Herkimer;
    49    aa. Cannan road, in the towns of East Martinsburg and Knox, county  of
    50  Lewis;
    51    bb. Barnet garnet mine, in the county of Warren;
    52    cc. John Boyd Thacher state park, in the county of Albany;
    53    dd. the Petrified Sea Gardens, in the county of Saratoga;
    54    ee. Lester park, in the county of Saratoga;
    55    ff. Saratoga Springs state park, in the county of Saratoga;
    56    gg. Skytop Lane quarry, in the county of Delaware;
        A. 9881                             3
     1    hh. Sidney Mountain quarry, in the county of Delaware;
     2    ii. Sidney Mountain Bluestone quarry, in the county of Delaware;
     3    jj. Sidney Center outcrops, in the county of Delaware;
     4    kk. Sheetz quarry, in the county of Delaware;
     5    ll. Pine Hill road, in the county of Delaware;
     6    mm. Chimney Bluffs state park, in the county of Wayne;
     7    nn. Wiscory Falls, in the county of Allegany;
     8    oo. White creek, in the county of Allegany;
     9    pp. Sixtown creek, in the county of Allegany;
    10    qq. Rushford Dam park, in the county of Allegany;
    11    rr. Caneadea Gorge overlook, in the county of Allegany;
    12    ss. Buttermilk Falls state park, in the county of Cayuga;
    13    tt. Chittenango Falls state park, in the county of Madison;
    14    uu. Cohoes Falls, in the county of Saratoga;
    15    vv. Clarksville cave, in the county of Albany;
    16    ww. Joralemon town park, in the county of Albany;
    17    xx. Normanskill gorge, in the county of Albany;
    18    yy. Barton garnet mine, in the county of Warren;
    19    zz. Kimberlite dike, in the county of Onondaga;
    20    aaa. Howes Cave quarry, in the county of Schoharie;
    21    bbb. Howe Caverns, in the county of Schoharie;
    22    ccc. Kaaterskill Falls, in the county of Greene;
    23    ddd. Knox cave, in the county of Albany;
    24    eee. Manorkill Falls, in the county of Schoharie;
    25    fff. McFail's Cave nature preserve, in the county of Schoharie;
    26    ggg. Montauk Point, in the county of Suffolk;
    27    hhh. Montour Falls, in the county of Schuyler;
    28    iii. Niagara Falls state park, in the county of Niagara;
    29    jjj. Onesquethaw Cave, in the county of Albany; and
    30    kkk. Stark's Knob, in the county of Saratoga.
    31    3.  For  each area, territory and site designated pursuant to subdivi-
    32  sion two of this section, the  commissioner,  in  cooperation  with  the
    33  commissioners of transportation and economic development, shall:
    34    a.  establish  a  management  plan  designed  to foster socio-economic
    35  development that is sustainable;
    36    b. establish methods  for  conserving  and  enhancing  its  geological
    37  heritage; and
    38    c. establish best practices for conservation.
    39  § 49-0503. Establishment of state geological trail.
    40    1.  The  commissioner, in cooperation with the commissioners of trans-
    41  portation and economic development, shall establish a  state  geological
    42  trail  to  include  the  areas,  territories and sites designated by the
    43  commissioner pursuant to subdivision two  of  section  49-0501  of  this
    44  title.  The  purpose of such trail shall be to identify and promote such
    45  areas, territories and sites to the public, and  promote  the  economic,
    46  scientific, cultural and conservation aspects thereof.
    47    2.  To  the  greatest  extent  practicable, the state geological trail
    48  shall include areas and sites across the state going east and west,  and
    49  north  and south throughout the entire state. The designated portions of
    50  the state geological trail shall intersect at the city of Albany,  which
    51  shall  be  deemed  to  be  the center of geology of the state. The state
    52  geological trail  shall  possess  scientific  and/or  scenic  importance
    53  relating to geological, and related cultural, ecological and archeologi-
    54  cal  features.   Such trail may include portions of existing trails that
    55  meet the geological standards of the state geological trail.
    56  § 49-0505. State geological planning and management board.
        A. 9881                             4
     1    1. For the purposes of this title, "board" means the state  geological
     2  planning and management board established pursuant to this section.
     3    2. There shall be established within the department the state geologi-
     4  cal  planning  and management board. The board shall be composed of nine
     5  members as follows:
     6    a. the commissioner, or his or her  designee  who  is  an  officer  or
     7  employee of the department;
     8    b.  the  commissioner  of economic development, or his or her designee
     9  who is an officer or employee of the department of economic development;
    10    c. the commissioner of parks, recreation and historic preservation, or
    11  his or her designee who is an officer  or  employee  of  the  office  of
    12  parks, recreation and historic preservation;
    13    d. two members appointed by the governor, of whom:
    14    (1) one shall have been or is engaged in trail planning and/or manage-
    15  ment, and
    16    (2) one shall teach geology or be a geology professional;
    17    e.  two  members  appointed  by the temporary president of the senate,
    18  having expertise in the field of ecology, conservation  or  trail  plan-
    19  ning; and
    20    f. two members appointed by the speaker of the assembly, having exper-
    21  tise in the field of ecology, conservation or trail planning.
    22    3.  The members of the board appointed pursuant to paragraphs d, e and
    23  f of subdivision two of this section shall serve terms  of  four  years.
    24  Vacancies  in  the membership of the board shall be filled in the manner
    25  provided for original appointments.
    26    4. The commissioner, or his or her designee, shall be the chair of the
    27  board. The board shall meet not less  than  three  times  each  calendar
    28  year, and more frequently at the call of the chair of the board.
    29    5. The board shall establish:
    30    a. criteria for signage on the state geological trail, including means
    31  of  providing information about geological features associated with each
    32  particular portion of such trail; and
    33    b. state geological trail publications,  guidelines  for  interpretive
    34  programs  and themes relating to portions of the state geological trail,
    35  and an internet website providing directional information on educational
    36  institutions that have programs relating to the geological and conserva-
    37  tion aspects of the portions of the state geological trail.
    38    6. The board shall establish guidelines and criteria  for  the  desig-
    39  nation  of volunteers, whether they be individuals or entities, to build
    40  and maintain portions of the state  geological  trail,  to  develop  new
    41  segments  of  the state geological trail, and to improve existing trails
    42  so that they may be designated as parts of the state  geological  trail.
    43  Such  volunteers  may  also  clean  up brush and debris, replace old and
    44  damaged signage, construct trail shelters and build bridges.
    45    § 3. The highway law is amended by adding a new section 344-e to  read
    46  as follows:
    47    §  344-e.  Portions  of  the state highway system to be designated the
    48  "state geological trail". All those portions of the state highway system
    49  as are designated by the commissioner, and the commissioners of environ-
    50  mental conservation and economic development, in  furtherance  of  title
    51  five  of article forty-nine of the environmental conservation law, shall
    52  be designated and known as the "state geological trail".
    53    § 4. Section 100 of the economic development law is amended by  adding
    54  a new subdivision 48 to read as follows:
    55    48.  to  cooperate with and provide assistance to the commissioners of
    56  environmental  conservation  and   transportation   to   implement   the
        A. 9881                             5
     1  provisions  of  title  five  of  article forty-nine of the environmental
     2  conservation law.
     3    § 5. This act shall take effect immediately.