Bill Text: NY S00246 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires a report on the impact of all-terrain vehicles and motorized recreation vehicles.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION [S00246 Detail]
Download: New_York-2011-S00246-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
246
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Cultural Affairs, Tourism,
Parks and Recreation
AN ACT to amend the economic development law, in relation to preparing a
report on the economic impact of ATV-related tourism in the state of
New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The economic development law is amended by adding a new
2 section 167 to read as follows:
3 S 167. REPORT ON THE ECONOMIC IMPACT OF ATV-RELATED TOURISM. 1.
4 LEGISLATIVE INTENT. THE LEGISLATURE HEREBY FINDS AND DECLARES THAT
5 RIDING ALL TERRAIN VEHICLES (ATVS) HAS BECOME A POPULAR OUTDOOR RECRE-
6 ATIONAL ACTIVITY IN NEW YORK STATE. HOWEVER, THE LACK OF LEGAL RIDING
7 OPPORTUNITIES AND NEARLY NON-EXISTENT STATE FUNDING ASSISTANCE FOR ATV-
8 RELATED ISSUES MAY LIMIT THE ECONOMIC AND TOURISM POTENTIAL OF ATVS IN
9 NEW YORK STATE. THEREFORE, IT IS IMPERATIVE THAT THE STATE IMPLEMENT AN
10 ATV ECONOMIC IMPACT STUDY SO THAT STATE AND LOCAL OFFICIALS HAVE ALL
11 PERTINENT INFORMATION WHEN MAKING ATV-RELATED DECISIONS. A COMPREHENSIVE
12 STATEWIDE STUDY REGARDING THE TOURISM, ECONOMIC AND ENVIRONMENTAL
13 IMPACTS OF ATV-RELATED RECREATION WOULD BE A VALUABLE TOOL FOR PUBLIC
14 POLICY MAKERS AND DEPARTMENT ADMINISTRATORS IN NEW YORK STATE. ADDI-
15 TIONALLY, ANY STUDY OF ATV USE MUST ALSO EXAMINE THE ENVIRONMENTAL
16 IMPACTS OF ATVS, INCLUDING ENFORCEMENT ISSUES, REPAIR AND REMEDIATION,
17 AS WELL AS POSSIBLE CONFLICTS WITH OTHER USER GROUPS.
18 THE LEGISLATURE ALSO FINDS THAT NON-ATV, NON-MOTORIZED RECREATIONAL
19 ACTIVITIES HAVE A POSITIVE IMPACT ON THE STATE'S TOURISM AND ECONOMY,
20 AND THEREFORE, THIS STUDY WILL ALSO SEEK TO EXAMINE THE ECONOMIC IMPACT
21 OF POTENTIAL DECREASE IN NON-MOTORIZED TOURISM DUE TO CONFLICTS BETWEEN
22 NON-MOTORIZED USER GROUPS AND ATV USERS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01594-01-1
S. 246 2
1 2. REPORT ON ECONOMIC AND ENVIRONMENTAL IMPACTS OF ATV USE AND MOTOR-
2 IZED RECREATION. THE TASK FORCE ON ATV IMPACTS, AS CREATED IN SUBDIVI-
3 SION THREE OF THIS SECTION, SHALL CAUSE TO BE PREPARED BY CONTRACT WITH
4 A QUALIFIED, INDEPENDENT ENTITY A REPORT ON THE ECONOMIC AND ENVIRON-
5 MENTAL IMPACTS OF ATV AND OFF-HIGHWAY RECREATIONAL VEHICLE RELATED
6 RECREATION AND ASSOCIATED RECREATION IN NEW YORK STATE. SUCH REPORT
7 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
8 (A) THE NUMBER OF ATVS REGISTERED IN THE STATE OF NEW YORK, AND TO THE
9 EXTENT FEASIBLE THE NUMBER OF UNREGISTERED ATVS IN THE STATE; AND THE
10 NUMBER OF ATV AND OFF-HIGHWAY RECREATIONAL VEHICLE PARTICIPANTS IN NEW
11 YORK STATE, INCLUDING A BREAKDOWN OF RESIDENT AND NON-RESIDENT ATV AND
12 OFF-HIGHWAY RECREATIONAL VEHICLE PARTICIPANTS, COUNTY OF RESIDENCE FOR
13 RESIDENT PARTICIPANTS, AND THE COUNTY OR COUNTIES VISITED BY NON-RESI-
14 DENTIAL ATV PARTICIPANTS;
15 (B) TO THE EXTENT FEASIBLE, THE FREQUENCY OF CURRENT PARTICIPATION OF
16 ATV AND OFF-HIGHWAY RECREATIONAL VEHICLE PARTICIPANTS AND HOW MUCH MONEY
17 THEY SPEND ON THEIR ACTIVITIES INCLUDING, BUT NOT LIMITED TO, EXPENDI-
18 TURES ON FUEL, EQUIPMENT AND MAINTENANCE, LODGING, FOOD AND GUIDE
19 SERVICES;
20 (C) TO THE EXTENT FEASIBLE, THE COSTS ASSOCIATED WITH ATV USAGE,
21 INCLUDING BUT NOT LIMITED TO, STATE AND LOCAL ENFORCEMENT OF LEGAL AND
22 ILLEGAL ATV USE ON PUBLICLY AND PRIVATELY OWNED LANDS AND ROADS; THE
23 COSTS AND EXPENSES OF REPAIRING OR REMEDIATING THE ENVIRONMENTAL AND
24 NATURAL RESOURCE IMPACTS AND DAMAGES CAUSED BY LEGAL OR ILLEGAL ATV USE
25 ON PUBLIC AND PRIVATELY OWNED LANDS, INCLUDING AN EXAMINATION OF HOW
26 THESE COSTS MAY OR MAY NOT BE OFFSET BY A PROPERLY MAINTAINED AND OPER-
27 ATED SYSTEM OF ATV TRAILS; THE COSTS AND POTENTIAL LOST REVENUES AND
28 EXPENDITURES ASSOCIATED WITH INCREASING OR DECREASING THE NUMBER OF
29 NON-MOTORIZED VISITORS TO PUBLIC LANDS AND PARKS WHERE ATV USE IS PREVA-
30 LENT OR PROPOSED DUE TO USER CONFLICTS AND RESOURCE DEGRADATION; AND
31 HEALTHCARE COSTS ASSOCIATED WITH THE TREATMENT OF ATV-RELATED INJURIES,
32 INCLUDING POLICE AND AMBULANCE SERVICES;
33 (D) THE PLACE OF RESIDENCE OF NON-ATV, NON-MOTORIZED USERS OF STATE
34 LANDS, INCOME, DURATION OF VISIT, SPENDING PATTERNS, DEMOGRAPHIC AND
35 ECONOMIC PROFILE, REASONS THEY CHOSE TO RECREATE IN THE STATE, COUNTIES,
36 AND REGIONS IN WHICH THEY RECREATE AND INFORMATION ON OTHER ACTIVITIES
37 IN WHICH THEY PARTICIPATE BEFORE AND AFTER THEIR PARTICULAR RECREATIONAL
38 ACTIVITY. FOR PURPOSES OF THIS SECTION, NON-MOTORIZED USERS SHALL
39 INCLUDE: HIKING, CAMPING, MOUNTAIN BIKING, PADDLING, FISHING, BIRDWATCH-
40 ING, HUNTING, HORSEBACK RIDING, NATURE STUDY, AND CROSS-COUNTRY SKIING;
41 (E) THE PLACE OF RESIDENCE OF NON-RESIDENT ATV PARTICIPANTS, INCOME,
42 DURATION OF VISIT, SPENDING PATTERNS, DEMOGRAPHIC AND ECONOMIC PROFILE,
43 REASONS THEY CHOSE TO RECREATE IN THE STATE, COUNTIES AND REGIONS IN
44 WHICH THEY RECREATE AND INFORMATION ON OTHER ACTIVITIES IN WHICH THEY
45 PARTICIPATE BEFORE, DURING AND AFTER ATV USE;
46 (F) AN ESTIMATE OF THE NUMBER OF JOBS THAT ARE SUPPORTED BY ATV AND
47 OFF-HIGHWAY RECREATIONAL VEHICLE PARTICIPANTS AS WELL AS THE AMOUNT OF
48 SALES TAX AND INCOME TAX GENERATED BY RESIDENT AND NON-RESIDENT ATV AND
49 OFF-HIGHWAY RECREATIONAL VEHICLE PARTICIPANTS; AS WELL AS POTENTIAL
50 FUTURE INCREASES IN REVENUE BY PROMOTING A LEGAL ATV RIDING SYSTEM IN
51 NEW YORK STATE AND SUBSEQUENT LOSS OF REVENUE BY NOT HAVING A TRAIL
52 SYSTEM;
53 (G) AN ESTIMATE OF THE VALUE OF TOURISM DOLLARS GENERATED IN NEW YORK
54 STATE FROM NON-ATV RELATED, NON-MOTORIZED RECREATIONAL ACTIVITIES AND
55 HOW SUCH NON-ATV RELATED TOURISM MAY BE AFFECTED BY ATV-RELATED RESOURCE
56 DEGRADATION, AND USER CONFLICTS BETWEEN ATV AND NON-ATV USERS;
S. 246 3
1 (H) A SUMMARY OF THE PERCEPTIONS OF ATV PARTICIPANTS REGARDING AMEN-
2 ITIES IN THE STATE, POSITIVE/NEGATIVE ASPECTS OF THEIR EXPERIENCES AND
3 IMPROVEMENTS THAT COULD BE MADE TO ENCOURAGE THEM TO RETURN AND/OR
4 INCREASE VISIT DURATION;
5 (I) A SUMMARY OF THE PERCEPTIONS OF NON-MOTORIZED RECREATIONISTS AND
6 PRIVATE PROPERTY OWNERS REGARDING ATV AND MOTORIZED RECREATION AND HOW
7 ATV USE AND ATV-RELATED RESOURCE DEGRADATION MAY OR MAY NOT LIMIT THEIR
8 DURATION OF VISITS AND IMPACT THE MONEY THAT THEY SPEND ON EQUIPMENT,
9 LODGING, FOOD AND GUIDE SERVICES;
10 (J) THE COST OF ADMINISTERING A STATE-FUNDED ATV RIDING SYSTEM,
11 INCLUDING BUT NOT LIMITED TO, ADDITIONAL STATE AGENCY STAFF NEEDS TO
12 ADMINISTER SAID ATV RIDING SYSTEM AND PROPOSED STATEWIDE ATV SAFETY AND
13 ENVIRONMENTAL STEWARDSHIP COURSE, INCREASED ENFORCEMENT COSTS OF STATE
14 AND LOCAL LAW ENFORCEMENT AGENCIES, THE COSTS AND EXPENSES OF REPAIRING
15 AND REMEDIATING THE ENVIRONMENTAL AND NATURAL RESOURCE IMPACTS AND
16 DAMAGES CAUSED BY ATV USE ASSOCIATED WITH CREATING OPPORTUNITIES FOR ATV
17 RIDING; AND INSURANCE COSTS;
18 (K) A QUALITATIVE ANALYSIS OF THE IMPACTS OF ATV-RELATED RECREATION,
19 INCLUDING, BUT NOT LIMITED TO, THOSE CONCERNING ENFORCEMENT AND SAFETY
20 ISSUES; PERCEPTIONS OF CHANGES TO THE RURAL CHARACTER OF THE REGIONS IN
21 WHICH LEGAL ATV RECREATION IS PREVALENT; DAMAGE BY LEGAL AND ILLEGAL USE
22 TO PUBLIC AND PRIVATE PROPERTY AND THE ENVIRONMENT, INCLUDING AN EXAM-
23 INATION OF HOW SUCH DAMAGE MAY OR MAY NOT BE OFFSET IF THERE WAS A STATE
24 POLICY THAT PROMOTED PROPERLY MAINTAINED AND OPERATED SYSTEM OF ATV
25 TRAILS; USER CONFLICTS BETWEEN ATV RIDERS AND NON-MOTORIZED OUTDOOR
26 ENTHUSIASTS UTILIZING PUBLIC LANDS, INCLUDING AN EXAMINATION OF HOW
27 THESE CONFLICTS MAY OR MAY NOT BE OFFSET IF THERE WAS A STATE POLICY
28 THAT PROMOTED A PROPERLY MAINTAINED AND OPERATED SYSTEM OF ATV TRAILS;
29 DISPLACEMENT OF NON-MOTORIZED OUTDOOR ENTHUSIASTS USING PUBLIC LANDS,
30 INCLUDING AN EXAMINATION OF HOW SUCH DISPLACEMENT MAY OR MAY NOT BE
31 OFFSET IF THERE WAS A STATE PLAN THAT ALLOWED FOR A SEGREGATED AND PROP-
32 ERLY MAINTAINED AND OPERATED SYSTEM OF ATV TRAILS; THE AIR POLLUTION,
33 SMOG AND CARBON EMISSION INCREASES ASSOCIATED WITH CREATING OPPORTU-
34 NITIES FOR ATV RIDING; IMPACTS ON VEHICULAR TRAFFIC FLOWS AND OTHER
35 POSITIVE/NEGATIVE QUALITATIVE IMPACTS;
36 (L) RECOMMENDATIONS REGARDING THE POSSIBILITY OF PLANNING AND MANAGE-
37 MENT OF FUTURE ATV USE ON PUBLIC AND PRIVATE LAND EXCLUDING THE STATE
38 FOREST PRESERVE, INCLUDING THE EXPERIENCE, SUCCESSES AND FAILURES OF
39 OTHER STATES AND REGIONS. SUCH RECOMMENDATIONS SHALL INCLUDE THE BEST
40 PRACTICES OF OTHER STATES, REGIONS AND COMMUNITIES TO DETERMINE HOW THEY
41 HAVE EFFECTIVELY DEALT WITH ATV USE IN A WAY TO MAXIMIZE THE ECONOMIC
42 BENEFIT WHILE MITIGATING AND MINIMIZING NEGATIVE IMPACTS; PROBLEMS THAT
43 OTHER STATES HAVE ENCOUNTERED IN RELATION TO ADMINISTERING AN ATV TRAIL
44 SYSTEM; AN ANALYSIS AND RECOMMENDATION IN REGARDS TO THE POTENTIAL OF
45 INCREASING ATV REGISTRATION FEES AND DEDICATING A PORTION OF SUCH FEES
46 TO A PROPERLY MAINTAINED AND OPERATED SYSTEM OF ATV TRAILS, AND A
47 PORTION OF SUCH FEES TO ENFORCEMENT AND REMEDIATION INCLUDING IDENTIFY-
48 ING THE VALUE OF COSTS OFFSET BY VOLUNTEER LABOR FROM GROUPS THAT
49 UTILIZE ATV TRAILS;
50 (M) AN ANALYSIS OF THE ATV-RELATED PROGRAMS BEING UTILIZED BY OTHER
51 ATV GROUPS THROUGHOUT THE COUNTRY TO ADDRESS IDENTIFIED ISSUES OF LEGAL,
52 ENVIRONMENTAL, EDUCATIONAL AND SAFETY RELATED CONCERNS TO ATV RECRE-
53 ATION; AND
54 (N) RECOMMENDATIONS EXAMINING THE FEASIBILITY OF IMPLEMENTING A MANDA-
55 TORY STATEWIDE ATV SAFETY AND ENVIRONMENTAL STEWARDSHIP COURSE FOR ALL
S. 246 4
1 NEWLY REGISTERED ATVS SOLD IN NEW YORK STATE, EXCEPT FOR ATVS THAT ARE
2 EXEMPT FROM REGISTRATION.
3 3. ATV IMPACT TASK FORCE. (A) WITHIN EIGHTEEN MONTHS, UPON REVIEW BY
4 THE ATV IMPACT TASK FORCE, THE REPORT SHALL BE SUBMITTED TO THE GOVERNOR
5 AND TO THE LEGISLATURE, INCLUDING THE CHAIRS OF THE ASSEMBLY WAYS AND
6 MEANS COMMITTEE, ENVIRONMENTAL CONSERVATION COMMITTEE, TOURISM, ARTS AND
7 SPORTS DEVELOPMENT COMMITTEE, AND THE ECONOMIC DEVELOPMENT COMMITTEE, AS
8 WELL AS THE CHAIRS OF THE SENATE FINANCE COMMITTEE, ENVIRONMENTAL
9 CONSERVATION COMMITTEE, TOURISM, RECREATION AND SPORTS DEVELOPMENT
10 COMMITTEE, AND COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS COMMIT-
11 TEE. A COPY OF THE RESULTS OF THIS REPORT SHALL BE MADE AVAILABLE TO THE
12 PUBLIC AND POSTED ON THE OFFICIAL WEBSITES OF THE AGENCIES CHARGED WITH
13 CONDUCTING THE REPORT.
14 (B) THE ATV IMPACT TASK FORCE SHALL CONSIST OF FOURTEEN MEMBERS AND
15 SHALL INCLUDE: THE COMMISSIONER OR HIS OR HER DESIGNEE; THE COMMISSIONER
16 OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OR HIS OR HER DESIGNEE;
17 THE COMMISSIONER OF THE DEPARTMENT OF MOTOR VEHICLES OR HIS OR HER
18 DESIGNEE; THE COMMISSIONER OF THE DEPARTMENT OF TRANSPORTATION OR HIS OR
19 HER DESIGNEE; THE EXECUTIVE DIRECTOR OF THE ADIRONDACK PARK AGENCY OR
20 HIS OR HER DESIGNEE; THE COMMISSIONER AND THE COMMISSIONER OF ENVIRON-
21 MENTAL CONSERVATION SHALL SELECT THE TASK FORCE'S NINE AT LARGE MEMBERS
22 FROM EACH OF THE FOLLOWING: THE NEW YORK STATE OFF-HIGHWAY RECREATIONAL
23 VEHICLE ASSOCIATION, AN ATV OR MOTORIZED RECREATIONAL VEHICLE MANUFAC-
24 TURER, AN ATV OR MOTORIZED RECREATIONAL VEHICLE DEALER, A LOCAL ATV
25 CLUB, THE ASSOCIATION OF TOWNS, THE ADIRONDACK MOUNTAIN CLUB, THE
26 ADIRONDACK COUNCIL, THE SIERRA CLUB, AND THE FARM BUREAU OR AMERICAN
27 FARMLAND TRUST.
28 (C) THE TASK FORCE'S DUTIES SHALL INCLUDE BUT NOT BE LIMITED TO:
29 DISCUSS EXPECTATIONS FOR THE REPORT ON THE ECONOMIC AND ENVIRONMENTAL
30 IMPACTS OF ATV USE AND MOTORIZED RECREATION; DETERMINE THE PREFERRED
31 INDEPENDENT CONTRACTOR TO CONDUCT SAID REPORT; REVIEW AND DETERMINE IF
32 THE FINAL REPORT IS COMPLETE AND ACCEPTABLE TO THE MEMBERS OF THE TASK
33 FORCE BEFORE IT IS DISTRIBUTED AS SET FORTH IN THIS SECTION.
34 (D) THE COMMISSIONER AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVA-
35 TION OR THEIR RESPECTIVE DESIGNEES WILL SERVE AS CO-CHAIRS OF THE TASK
36 FORCE.
37 S 2. This act shall take effect on the ninetieth day after it shall
38 have become a law; provided, however, effective immediately the depart-
39 ment of economic development is authorized to promulgate any and all
40 rules and regulations and take any other measures necessary to implement
41 this act on its effective date.
