Bill Text: NY S05274 | 2013-2014 | General Assembly | Amended

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Bill Title: Defines the boundaries of the Niagara river greenway.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION [S05274 Detail]

Download: New_York-2013-S05274-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5274--B
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 15, 2013
                                      ___________
       Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
         printed to be committed to the Committee on Cultural Affairs, Tourism,
         Parks and Recreation -- committee discharged,  bill  amended,  ordered
         reprinted  as  amended  and recommitted to said committee -- 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 defining boundaries of the Niagara river greenway
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 39.03 of the parks, recreation and
    2  historic preservation law, as added by chapter 460 of the laws of  2004,
    3  is amended to read as follows:
    4    1.  "Niagara  river greenway" or "greenway" shall mean a linear system
    5  of state and local parks and conservation areas linked by a  network  of
    6  multi  use  trails  within the greenway area [established by an approved
    7  plan of the commission as provided for  in  this  article]  WHICH  SHALL
    8  INCLUDE:  LANDS  AND  WATERS  AS IDENTIFIED AS THE "GREENWAY FOCUS AREA"
    9  DESIGNATED WITHIN THE NIAGARA RIVER GREENWAY PLAN  THAT  INCLUDES  AREAS
   10  WITHIN  ADOPTED LOCAL WATERFRONT REVITALIZATION PLANS AND NEW YORK STATE
   11  COASTAL MANAGEMENT ZONES. ONLY THOSE PROJECTS LOCATED WITHIN THE  GREEN-
   12  WAY  FOCUS  AREA  MAY  BE FUNDED. WITHIN THE TRIBUTARIES OF THE GREENWAY
   13  FOCUS AREA, ONLY THOSE PROJECTS WHICH DEMONSTRATE A DIRECT  RELATIONSHIP
   14  TO  WATER QUALITY IMPROVEMENT, ECOSYSTEM FUNCTION, OR TRAIL CONNECTIONS,
   15  MAY BE FUNDED.
   16    S 2. The closing paragraph of section 39.07 of the  parks,  recreation
   17  and  historic  preservation  law, as added by chapter 460 of the laws of
   18  2004, is amended to read as follows:
   19    Such draft plan shall be submitted  to  the  commissioner  [of  parks,
   20  recreation  and historic preservation] within two years of the effective
   21  date of this article. The commissioner may approve the plan, may  return
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10451-10-3
       S. 5274--B                          2
    1  the  plan  to  the  commission with recommendations for approval, or may
    2  reject such plan. Prior to submission of the draft plan to  the  commis-
    3  sioner,  the  commission  shall  hold at least one public hearing on the
    4  draft  plan  in  each county for which the plan is applicable. The local
    5  legislative body of each city, town or  village  within  the  boundaries
    6  designated  by the draft plan must approve the plan following the public
    7  hearing or hearings and before it is submitted to  the  commissioner.  A
    8  copy  of the approved plan shall be provided to the governor, the tempo-
    9  rary president of the senate and the speaker of the assembly.  AS CREAT-
   10  ING A LINEAR SYSTEM OF STATE AND  LOCAL  PARKS  AND  CONSERVATION  AREAS
   11  LINKED  BY  A  NETWORK OF MULTI-USE TRAILS IS THE PRIMARY MISSION OF THE
   12  NIAGARA RIVER GREENWAY COMMISSION, THIS MISSION SHALL TAKE PRIORITY  AND
   13  NO PROJECT WHICH DOES NOT FURTHER THIS MISSION, AS DESCRIBED AND DEFINED
   14  IN THIS PARAGRAPH, SHALL BE FUNDED.
   15    S  3. Section 39.19 of the parks, recreation and historic preservation
   16  law, as added by chapter 460 of the laws of 2004, is amended to read  as
   17  follows:
   18    S  39.19  State  actions.  Each  state agency shall review its actions
   19  within the greenway in relation to the consistency of such actions  with
   20  the  approved  Niagara  river greenway plan.   HOWEVER, NO ACTION MAY BE
   21  TAKEN UNLESS IT IS CONSISTENT WITH THE PROVISIONS OF  THIS  ARTICLE  AND
   22  THE  CHAPTER  OF  THE  LAWS  OF  TWO THOUSAND FOURTEEN THAT AMENDED THIS
   23  SECTION.
   24    S 4. This act shall take effect immediately.