Bill Text: NY A08301 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires the office of parks, recreation and historic preservation to establish design standards for greenway trails and to manage applications for greenway trails.

Spectrum: Moderate Partisan Bill (Democrat 12-2)

Status: (Introduced) 2024-06-06 - substituted by s7806b [A08301 Detail]

Download: New_York-2023-A08301-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8301--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    November 27, 2023
                                       ___________

        Introduced by M. of A. FAHY, LUNSFORD, LUCAS, SHIMSKY, McDONALD, SLATER,
          SIMON,  KELLES,  TAPIA,  SANTABARBARA, BORES, DeSTEFANO -- Multi-Spon-
          sored by -- M. of A. COOK -- read once and referred to  the  Committee
          on  Tourism,  Parks, Arts and Sports Development -- recommitted to the
          Committee on Tourism, Parks, 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 --
          reported and referred to the Committee on Ways and Means --  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 directing the office of  parks,  recreation  and  historic
          preservation  to promulgate uniform design standards and manage appli-
          cations for greenway trails

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  7-a of section 3.09 of the parks, recreation
     2  and historic preservation law, as added by chapter 999 of  the  laws  of
     3  1973, is amended to read as follows:
     4    7-a.  (a)  Promulgate  a comprehensive plan for the establishment of a
     5  state-wide trails system. For the purposes of this subdivision  "trails"
     6  shall  include  footpaths,  bike  ways, snowmobile trails, horse trails,
     7  cross country ski trails, roads and  other  rights-of-way  suitable  for
     8  hiking,  strolling, cycling, horseback riding, skiing and other means of
     9  motorized and non-motorized travel for recreational purposes  and  shall
    10  include  combinations  and  systems  of trails, including connecting and
    11  side trails, and trails leading to scenic and  recreational  areas.  The
    12  commissioner,  with  the  approval  of  the director of the budget, may,
    13  within the appropriations made available by  the  legislature,  purchase
    14  such  abandoned  railroad rights-of-way as can be used in the comprehen-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13555-05-4
        A. 8301--B                          2

     1  sive plan, and make improvements where necessary, in order to make  them
     2  suitable and available for use as trails.
     3    (b) Promulgate rules and regulations establishing design standards for
     4  greenway  trails.  Such  design  standards shall identify best practices
     5  for, including but not limited to,  trail  design  specifications,  road
     6  crossing treatments, and bicycle and pedestrian facilities.  Such design
     7  standards  shall be used to the greatest extent possible to guide design
     8  for any multiple use bicycle and  pedestrian  facilities,  rail  trails,
     9  canalway trails, or other greenway trails, as shall be determined by the
    10  office, which is established or improved on state land or using state or
    11  federal funding.
    12    (c)  Be  empowered  to  deny new greenway trail applications under the
    13  jurisdiction of the office, for failing to conform  with  the  standards
    14  established  under  paragraph  (a)  of  this  subdivision  and state the
    15  reasons for such denial to be enumerated with  a  written  justification
    16  which shall be posted publicly online.
    17    (d)  Be  empowered to deny applications for the expansion or modifica-
    18  tion of greenway trails under the jurisdiction of the office, for  fail-
    19  ing  to  conform  with  the standards established under paragraph (a) of
    20  this subdivision and state the reasons for such denial to be  enumerated
    21  with a written justification which shall be posted publicly online.
    22    (e)  Be  empowered  to  determine  that, for any new trail established
    23  under the jurisdiction of the office or for any expansion  or  modifica-
    24  tion of existing trails under the jurisdiction of the office, conformity
    25  to  the  standards  established under this section is inappropriate, for
    26  reasons which shall be enumerated in a written justification to be post-
    27  ed publicly online.
    28    (f) Design standards issued under paragraph (b) of this subdivision or
    29  any approval or denial of applications under paragraphs (c) through  (e)
    30  of  this  subdivision  shall  not have the effect of requiring any addi-
    31  tional uses or disallowing any existing uses on any greenway trail.
    32    § 2.  Section 1.03 of the parks, recreation and historic  preservation
    33  law is amended by adding a new subdivision 19 to read as follows:
    34    19.  "Greenway  trail" shall mean a shared-use path, including but not
    35  limited to any trail located on  former  railroad  rights-of-way,  along
    36  utility  corridors,  or  along  former canal towpaths, that is separated
    37  from roadways and vehicle traffic, and includes a minimum tread width of
    38  six feet, a relatively flat, graded surface and/or improved  tread,  and
    39  which can be used for non-motorized transportation and recreation.
    40    §  3.    This  act  shall take effect on the one hundred eightieth day
    41  after it shall have become a law.