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

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

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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--A
                              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
       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
   22  the plan to the commission with recommendations  for  approval,  or  may
   23  reject  such  plan. Prior to submission of the draft plan to the commis-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10451-07-3
       S. 5274--A                          2
    1  sioner, the commission shall hold at least one  public  hearing  on  the
    2  draft  plan  in  each county for which the plan is applicable. The local
    3  legislative body of each city, town or  village  within  the  boundaries
    4  designated  by the draft plan must approve the plan following the public
    5  hearing or hearings and before it is submitted to  the  commissioner.  A
    6  copy  of the approved plan shall be provided to the governor, the tempo-
    7  rary president of the senate and the speaker of the assembly.  AS CREAT-
    8  ING A LINEAR SYSTEM OF STATE AND  LOCAL  PARKS  AND  CONSERVATION  AREAS
    9  LINKED  BY  A  NETWORK OF MULTI-USE TRAILS IS THE PRIMARY MISSION OF THE
   10  NIAGARA RIVER GREENWAY COMMISSION, THIS MISSION SHALL TAKE PRIORITY  AND
   11  NO PROJECT WHICH DOES NOT FURTHER THIS MISSION, AS DESCRIBED AND DEFINED
   12  IN THIS PARAGRAPH, SHALL BE FUNDED.
   13    S  3. Section 39.19 of the parks, recreation and historic preservation
   14  law, as added by chapter 460 of the laws of 2004, is amended to read  as
   15  follows:
   16    S  39.19  State  actions.  Each  state agency shall review its actions
   17  within the greenway in relation to the consistency of such actions  with
   18  the  approved  Niagara  river greenway plan.   HOWEVER, NO ACTION MAY BE
   19  TAKEN UNLESS IT IS CONSISTENT WITH THE PROVISIONS OF  THIS  ARTICLE  AND
   20  THE  CHAPTER  OF  THE  LAWS  OF  TWO THOUSAND THIRTEEN THAT AMENDED THIS
   21  SECTION.
   22    S 4. This act shall take effect immediately.