NY-PAR Parks, Recreation and Historic Preservation Law NY

Short title. This chapter shall be known as the "parks,

recreation and historic preservation law" and may be cited as "PRHPL".

Definitions. Whenever used in this chapter, unless a different

meaning clearly appears from the context:

1. "Office" shall mean the state office of parks, recreation and

historic preservation.

2. "Commissioner" shall mean the state commissioner of parks,

recreation and historic preservation.

3. "Council" shall mean the state council of parks, recreation and

historic preservation.

4. "Regional park, recreation and historic preservation commission"

shall mean a regional park, recreation and historic preservation

commission as described in section 7.03.

5. "Person" shall mean any individual, partnership, public or private

corporation, political subdivision (including a school district),

department, bureau or division of the state or a government agency,

association, firm, trust, estate, joint-venture or any other legal

entity whatsoever.

6. "Region" or "park region" shall mean a park region as established

by the provisions of section 7.01.

7. "Municipality" shall mean a city, county, town or village, or an

improvement district within a city, county, town or village or within

any combination thereof.

8. "Governing body" shall mean:

(a) in the case of a town, the town board;

(b) in the case of a county outside the city of New York, the county

board of supervisors or other elective governing body;

(c) in the case of a city, the local legislative body thereof.

(d) in the case of a village, the board of trustees or other elective

governing body;

(e) in the case of an improvement district, the official body or board

having responsibility for the conduct of the affairs of such district.

9. "Improvement district" shall mean an improvement, assessment or

special district.

10. "Property" shall mean real or personal property.

11. "Real property" shall mean lands, improvements and structures

thereon, rights, franchises and interests therein, lands under water and

riparian rights, and any and all interests in lands less than full

title, including, without limitation, temporary or permanent easements

(including scenic or conservation easements), divided or undivided

interests, rights of way, uses, leases, licenses, and any other estate,

interest or right in lands, legal or equitable.

12. "Personal property" shall mean any property, or interest therein,

other than real property.

14. "Historic site" shall mean any real property, buildings or

structures acquired or designated by the commissioner pursuant to his

historic preservation powers, functions and duties, and those historic

sites continued pursuant to the provisions of sections 13.01 and 19.05.

15. "Traffic" shall mean traffic as defined in section one hundred

fifty-two of the vehicle and traffic law.

16. "Highway" shall mean a highway as defined in section one hundred

eighteen of the vehicle and traffic law.

17. "Parkway" shall mean a highway heretofore or hereafter acquired or

constructed by the department, a regional park commission or any state

park or parkway authority for the purpose of access to state parks,

which is listed in the regulations of the commissioner pursuant to

section 13.03.

18. "Vehicle" shall mean a vehicle as defined in section one hundred

fifty-nine of the vehicle and traffic law.

Declaration of policy. The state of New York is abundant in

natural, scenic and other recreational resources, which for over a

century have educated, edified, uplifted and delighted our citizens.

The establishment and maintenance of a statewide system of parks,

recreation and historic preservation are hereby declared to be policies

of the state;

It is further declared that the general welfare of each citizen of the

state is enhanced and promoted by giving further recognition to the

magnificent state park, recreation and historic site system which is now

in existence;

It is further declared that the individual's sense of purpose, well

being, and identity are fostered and strengthened through parks,

recreation and historic preservation programs;

It is further declared that local, state and national programs for

parks, recreation and historic preservation must be coordinated and that

such coordination is logically a state function;

It is further declared that the natural, ecological, historic,

cultural and recreational resources within the state park, recreation

and historic site system are integral components of the state's

environment and contribute substantially to the quality of that

environment and to the quality of our lives;

It is further declared that the stewardship of the natural,

ecological, historic, cultural and recreational resources within the

state park, recreation and historic site system is a primary

responsibility of the state;

It is further stated that these purposes can best be served by

continuing the office of parks, recreation and historic preservation in

accordance with the terms of this chapter.

Guiding principles. The office shall operate and maintain the

state park, recreation and historic site system to conserve, protect and

enhance the natural, ecological, historic, cultural and recreational

resources contained therein and to provide for the public enjoyment of

and access to these resources in a manner which will protect them for

future generations.

Office; commissioner. The office of parks, recreation and

historic preservation is hereby continued in the executive department.

The head of the office shall be the commissioner of parks, recreation

and historic preservation, who shall be appointed by the governor, by

and with the advice and consent of the senate, and hold office at the

pleasure of the governor.

Offices. The principal office of the office of parks,

recreation and historic preservation shall be in the county of Albany.

Organization of office; officers and employees. 1.

Notwithstanding any inconsistent provisions of law, the commissioner

may, from time to time, create, abolish, transfer and consolidate

divisions, bureaus, boards, commissions and other units within the

office as he may determine necessary for the efficient operation of the

office, subject to the approval of the director of the budget, except

that the council of parks, recreation and historic preservation, the

several regional park, recreation and historic preservation commissions

and the state board on historic preservation shall be continued as

provided in this chapter.

2. The commissioner may appoint such deputies, directors, assistants

and other officers and employees as may be needed for the exercise and

performance of his powers, functions and duties and may prescribe their

powers and fix their compensation within the amounts appropriated

therefor.

General functions, powers and duties. The office by and through

the commissioner, shall:

1. Acquire and establish historic sites and objects and, except within

the sixth park region, state parks, parkways and state recreational

facilities.

2. Operate and maintain, either directly, or by contract, lease or

license, such historic sites and objects, parks, parkways and

recreational facilities.

2-a. Be empowered to encourage investment by the private sector for

the provision of equipment and capital improvements for concession

facilities operated at historic sites and, except within the sixth park

region, state park and recreation facilities by entering into concession

license agreements for extended periods not to exceed twenty years in

total; provided that any such agreement for a period in excess of ten

years must be approved by the director of the budget and must provide

for a total capital investment of no less than one million dollars over

the contract term. Such extended term shall be for the purpose of

assuring a concessionaire of adequate protection against loss of

investment in structures, fixtures, equipment, supplies and other

improvements, and the length of such term shall have a direct

relationship to the period required to amortize the investment. The bid

prospectus submitted to prospective bidders shall contain specific

information concerning the nature of the capital improvements or

equipment to be provided by the successful bidder.

2-b. Be empowered, in addition to any other provision of law

authorizing the leasing of property under its jurisdiction, to lease the

Gideon Putnam hotel, Lincoln, Washington, Roosevelt I and Roosevelt II

bathhouses and provide for reasonable rights of access, utilities and

parking located within the boundaries of the Saratoga Spa state park,

for reasonable consideration and for a term not to exceed forty years.

Such extended term shall be for the purpose of assuring a lessee of

adequate protection against loss of investments in structures, fixtures,

equipment, supplies and other improvements, and the length of such term

shall have a direct relationship to the period required to amortize the

investment. Any such lease shall be entered into only after a finding by

the commissioner that such action will encourage investment by the

private sector in maintaining and preserving buildings listed on or

eligible for the state register of historic places, established pursuant

to section 14.07 of this chapter, and is compatible with public

enjoyment and participation in adjacent park facilities. In addition,

such lease shall contain terms and conditions as the commissioner shall

deem necessary to assure preservation and maintenance of the historic

quality of any such property, the compatible uses with adjacent park

lands and facilities, and otherwise to protect the public interest.

* 2-c. Be empowered, in addition to any other provision of law

authorizing the leasing of property under its jurisdiction, to lease

Hyde hall historic site and provide for reasonable rights of access,

utilities and parking located within the boundaries of the Glimmerglass

state park for a term not to exceed thirty years. Such extended term

shall be for assuring a lessee of adequate protection against loss of

investments in renovations performed on the Hyde hall historic site. Any

such lease shall be entered into only after a finding by the

commissioner that such action will encourage investment by the private

sector in maintaining, preserving and restoring buildings listed on the

state register of historic places, established pursuant to section 14.07

of this chapter, and is compatible with public enjoyment and

participation in adjacent park facilities. In addition, such lease shall

contain terms and conditions as the commissioner shall deem necessary to

assure preservation and maintenance of the historic quality of any such

property, the compatible uses with adjacent park lands and facilities,

and otherwise to protect the public interest.

* NB Repealed January 1, 2047

2-d. Be empowered, in addition to any other provision of law

authorizing the leasing or licensing of property under its jurisdiction,

to encourage investment by the private sector for the provision of

equipment and capital improvements at historic sites, state park and

recreation facilities by entering into lease or license agreements for

an extended term not to exceed forty years at the following: in the

first park region, for services provided at the observation tower, and

for buildings and structures commonly known as the Cave of the Winds

building, the Top of the Falls Restaurant, the administration building,

the visitor center, the Goat Island center, the snack bar at the Cave of

the Winds, the current police building, the original Prospect Point

elevator building, the lower landing snack bar and the Schoellkopf

Museum, including improvements to structures and facilities appurtenant

thereto at Niagara Reservation State Park, the site of the former

casino, the former commission house and the eighty-slip boat marina

within the boundaries of Beaver Island state park and the structures

known as the navy barracks, the post theater, the officers' club and the

commandant's house within Fort Niagara state park, buildings and

structures at Deveaux Woods state park, and buildings and facilities

within Knox Farm state park; in the second park region, the building

known as Minturn Mansion within Long Point on Lake Chautauqua state

park; in the third park region, for buildings and structures commonly

known as the Glen Iris Inn, the Pioneer Museum, the Pinewood Lodge, the

Prospect house, the Lauterbrunnen house, the Lower Falls restaurant

building, the pool concession stands, the North Entrance visitor center,

the administration building, the Commission house and the Stone

building, including improvements to structures and facilities

appurtenant thereto at Letchworth State park; in the fourth park region,

the structures known as the caretaker's house and garage within the

Buttermilk Falls state park, and the construction and operation of full

service marinas and associated concessions, at Sampson state park and at

Seneca Lake state park; in the seventh park region, the structure known

as the brick cottage and associated outbuildings at John Jay Homestead

state historic site, the structure known as the Hoyt House and the barns

at Ogden Mills and Ruth Livingston Mills state park, the outbuildings at

Olana state historic site and the building commonly known as the

Staatsburg School in Margaret Lewis Norrie state park; in the eighth

park region, for buildings and structures commonly known as the Bear

Mountain Inn, the A. K. Morgan Overlook Lodge, the Cliff house, the

Hilltop lodge, the Summit lodge, the Echo lodge, the Beaver lodge and

the Spring lodge, including improvements to structures and facilities

appurtenant thereto at Bear Mountain State Park; in the ninth park

region, the main house at Caumsett state historic park preserve, the

Boardwalk Restaurant at Jones Beach state park and the buildings and

structures at Nissequogue state park; in the eleventh park region, the

structure known as La Tour house, the former bottling plant and

dormitory for adaptive reuse, and property for the development of a golf

course and related facilities within Saratoga Spa state park. Any such

lease or license may provide for reasonable rights of access, utilities

and parking located within the boundaries of the respective park or

historic site. Such extended term shall be for the purpose of assuring a

lessee or licensee adequate protection against loss of investments in

developing, renovating, improving, furnishing and equipping such

properties, and the length of the term of any such lease or license

shall have a direct relationship to the period required to amortize the

investment. Any such lease or license shall be entered into only after a

finding by the commissioner that such action is compatible with public

enjoyment and participation in adjacent park facilities, and in the case

of structures listed on or eligible for the state register of historic

places, that such lease or license will encourage investment by the

private sector in restoring, preserving and maintaining such properties.

In addition, such lease or license shall contain terms and conditions as

the commissioner shall deem necessary to address environmental concerns,

including any historic and recreational resources of such property; the

compatible uses of adjacent park lands and facilities; and otherwise to

protect the public interest. The bid prospectus submitted to prospective

bidders shall contain specific information concerning the nature of the

capital improvements or equipment to be provided by the successful

bidder. Revenues from the lease or license of property pursuant to this

section shall be deposited into the state park infrastructure fund

established pursuant to section ninety-seven-mm of the state finance

law.

* 2-e. Be empowered, in addition to any provision of law authorizing

the leasing of property under its jurisdiction, to enter into a

cooperative agreement, lease or license within the ninth park region,

for parklands, parkway rights-of-way and structures at Cold Spring

Harbor, including a library and environmental center. Any such

cooperative agreement, lease or license may be for a term not to exceed

one hundred years and provide for reasonable rights of access, utilities

and parking in association with such facilities. Any such cooperative

agreement, lease or license shall be entered into only after a finding

by the commissioner that such action is compatible with public enjoyment

and participation in adjacent park facilities, and in the case of

structures listed on or eligible for the state register of historic

places, that such agreement or lease will encourage investment by the

private sector in restoring, preserving and maintaining such properties.

In addition, such agreement or lease shall contain terms and conditions

as the commissioner shall deem necessary to address environmental

concerns, including any historic and recreational resources of such

property; the compatible uses of adjacent parklands and facilities; and

otherwise to protect the public interest. Revenues from any such

agreement or lease of property shall be deposited into the state park

infrastructure fund established pursuant to section ninety-seven-mm of

the state finance law, as added by section one hundred thirty-two of

chapter fifty-five of the laws of nineteen hundred ninety-two.

* NB There are 2 sub 2-e's

* 2-e. Be empowered, in addition to any provision of law authorizing

the leasing of property under its jurisdiction, to enter into a

cooperative agreement, lease or license to develop, operate and maintain

for athletic fields and recreational facilities, parkland located within

the twelfth park region to be known as East River State Park. Any such

cooperative agreement, lease or license may be for a term not to exceed

fifty years and provide for reasonable rights of access, utilities and

parking in association with such facilities. Any such cooperative

agreement, lease or license shall be entered into only after a finding

by the commissioner that such action is compatible with public enjoyment

and participation in adjacent park facilities, and in the case of

structures listed on or eligible for the state register of historic

places, that such agreement or lease will encourage investment by the

private sector in restoring, preserving and maintaining such properties.

In addition, such agreement or lease shall contain terms and conditions

as the commissioner shall deemed necessary to address environmental

concerns, including any historic and recreational resources of such

property; the compatible uses of adjacent park lands and facilities; and

otherwise to protect the public interest. Revenues from any such

agreement or lease of property shall be deposited into the state park

infrastructure fund established pursuant to section ninety-seven-mm of

the state finance law.

* NB There are 2 sub 2-e's

2-f. Cooperate with the office of probation and correctional

alternatives by identifying appropriate worksites where persons

performing community service as part of a criminal disposition may be

assigned to provide cleanup and other maintenance services in order to

preserve and enhance the state's natural beauty and human-made scenic

qualities. Such sites may include but are not limited to the state's

shorelines, beaches, parks, roadways, historic sites and other natural

or human-made resources.

2-g. Be empowered, in addition to any provision of law authorizing the

leasing or licensing of property under its jurisdiction, to enter into a

cooperative agreement, lease or license with the board of education of

the school district of the city of Niagara Falls for parklands, parkway

rights-of-way, buildings, structures and facilities within the first

park region at DeVeaux Woods State Park for use by the school district

as administrative offices, maintenance warehousing and related

facilities. Such cooperative agreement, lease or license may be for a

term not to exceed fifty years and shall provide for reasonable rights

of access, utilities and parking in association with such facilities.

Any such cooperative agreement, lease or license shall be entered into

only after a finding by the commissioner that such action is compatible

with public enjoyment and participation in adjacent park facilities, and

in the case of structures listed on or eligible for the state register

of historic places, that such cooperative agreement, lease or license

will provide for and encourage preserving and maintaining such

properties.

In addition, such cooperative agreement, lease or license shall

contain terms and conditions such as the commissioner may deem necessary

to address environmental concerns, including any historic and

recreational resources of such property; the compatible uses of adjacent

parklands and facilities; and otherwise to protect the public interest.

Such cooperative agreement, lease or license may provide for the

school district to make capital improvements to the property, including

improvements to those spaces to be occupied by the office, and for the

joint use of some or all of the buildings, structures and facilities

between the school district of the city of Niagara Falls and the office

of parks, recreation and historic preservation as well as sharing of

capital costs for the improvements made to the buildings, structures and

facilities, in which case payments to the office pursuant to such

agreement, lease or license by the school district shall be offset by

expenses incurred by such school district in making capital improvements

or in maintaining the designated building, structures and facilities for

the term of any such cooperative agreement, lease or license. Revenues

from any such agreement or lease of property shall be deposited into the

state park infrastructure fund established pursuant to section

ninety-seven-mm of the state finance law, as added by section one

hundred thirty-two of chapter fifty-five of the laws of nineteen hundred

ninety-two.

2-h. Be empowered, in addition to any other provision of law

authorizing the leasing of certain property under its jurisdiction, to

establish a resident curator program to encourage investment,

restoration and occupancy of at-risk structures by authorizing the

leasing of such at-risk structures on a competitive basis pursuant to

the issuance of a request for proposal announced publicly including on

the office website, for residential use only, as a single family

dwelling, to individuals to be known as "resident curators" for terms of

up to forty years in exchange for the resident curator assuming

liability and financial obligation associated with the rehabilitation,

maintenance and use of such buildings and any other property, real or

personal, included in the lease. For the purposes of this subdivision,

the term "at-risk structure" shall mean a house, building or other

roofed structure under the jurisdiction of the office that is or has

become functionally isolated from the direct public service mission of

the office such that such structure is vacant and at risk of undergoing

progressive deterioration and/or functional abandonment because of

fiscal or other circumstantial difficulties. The length of the term of

leases executed pursuant to this subdivision shall relate to the

investment to be made by the resident curator which will be required to

rehabilitate and maintain the at-risk structure for residential

occupancy. The amount of rent to be charged, which may be nominal, shall

be based on an assessment of fair market value taking into account the

projected cost of rehabilitating the at-risk structure invested by the

resident curator. Any lease executed pursuant to this section shall:

require the resident curator to comply with all laws, rules and

regulations and maintain appropriate insurance coverage associated with

the rehabilitation, maintenance and use of the leased premises; prohibit

the resident curator from using the leased premises except in accordance

with criteria to be determined per established rule; prohibit the

resident curator from using the leased premises as security for any

debt, or from assigning or subletting the premises except as authorized

by the commissioner. Upon termination of any lease executed pursuant to

this section, full use and enjoyment of the property reverts

automatically to the state. No lease entered into in the resident

curator program shall result in the displacement of any currently

employed worker or loss of position, including the partial displacement

such as reduction in the hours of non-overtime labor, wages or employee

benefits, the diminishment of benefits, or seniority rights provided to

such employee in the civil service law, or result in the impairment of

existing collective bargaining agreements. The Commissioner shall

consult with the state board for historic preservation, established

pursuant to section 11.03 of this title, prior to entering into a

resident curator lease for any at risk structure, including those

eligible for listing on the state and national registers of historic

places. The commissioner shall adopt a plan identifying at risk

structures within state parks and historic sites, and shall adopt rules

and regulations for the resident curator program, which shall include,

but not be limited to, criteria for selecting responsible resident

curators, criteria for establishing length of terms for leases, criteria

for determining the amount of rent to be charged to resident curators

which may be nominal factoring in the capital investment required to

rehabilitate and maintain the leased premises and determining

appropriate uses and restrictions on use of leased premises in the

resident curator program, including whether and under what circumstances

public access is appropriate to property in the resident curator

program. This plan, as well as the rules and regulations, shall be

presented to and approved by the state board for historic preservation

prior to their adoption.

3. Encourage, facilitate and coordinate the planning and

implementation of parks, recreational and historic preservation

activities and programs of state agencies.

4. Cooperate in the planning, organization, development and operation

of municipal and private park, recreational and historic preservation

projects and programs.

5. Provide for the health, safety and welfare of the public using

facilities under its jurisdiction.

6. Encourage, promote and engage in cooperative recreational,

educational, historic and cultural activities, projects and programs

undertaken by any federal, state or local governmental agency or private

philanthropic or non-profit interest for the benefit of the public.

7. Undertake surveys or analyses deemed appropriate for the

performance of the functions, powers and duties of the office through

office personnel or consultants, or in cooperation with any public or

private agencies.

7-a. Promulgate a comprehensive plan for the establishment of a

state-wide trails system. For the purposes of this subdivision "trails"

shall include footpaths, bike ways, snowmobile trails, horse trails,

cross country ski trails, roads and other rights-of-way suitable for

hiking, strolling, cycling, horseback riding, skiing and other means of

motorized and non-motorized travel for recreational purposes and shall

include combinations and systems of trails, including connecting and

side trails, and trails leading to scenic and recreational areas. The

commissioner, with the approval of the director of the budget, may,

within the appropriations made available by the legislature, purchase

such abandoned railroad rights-of-way as can be used in the

comprehensive plan, and make improvements where necessary, in order to

make them suitable and available for use as trails.

8. Adopt, amend or rescind such rules, regulations and orders as may

be necessary or convenient for the performance or exercise of the

functions, powers and duties of the office.

9. Enter into contracts with any person and do all things necessary or

convenient to carry out the functions, powers and duties of the office.

10. Encourage, promote and provide recreational opportunities for

residents of urban as well as suburban and rural areas.

11. When designated by the governor, act as the state agent for the

receipt and administration of any federal grant or advance of funds for

the assistance of any project, program or activity related to the

functions, powers and duties of the office, where the designation of a

state agent is required under federal law or regulation, regardless of

whether the project, program or activity is undertaken by the office or

another person.

12. Conduct hearings and prepare transcripts and records thereof,

appoint hearing officers, administer oaths, subpoena witnesses and take

depositions with respect to any matter under the jurisdiction or control

of the office.

13. Bring or defend such actions, suits or proceedings as the

commissioner may deem necessary or proper to perform any of the powers,

functions and duties of the office.

14. Exercise and perform such other functions, powers and duties as

shall have been or may be from time to time conferred or imposed by or

pursuant to law.

15. Enhance the natural resources within the state park, recreation

and historic site system by providing habitat for various wildlife

species including endangered and threatened species of fauna through

practices such as ecological restoration, wetland conservation and the

planting of trees, shrubs and herbaceous plants indigenous to the area

which act as food and protective cover for fauna. Selection of plant

species or communities of species shall take into consideration the

natural, ecological, historic, archeological, aesthetic, and public use

resources in the immediate areas as well as the management goals of the

park or site.

16. Enter into contracts or other agreements with not-for-profit

corporations or foundations to provide, either in whole or in part, for

the operation, maintenance or other services for any park, recreational

facility, historic site or program. The office may provide facilities

for such corporations and foundations to conduct fund-raising activities

for the support of such parks, facilities, sites and programs.

17. In consultation with the New York state biodiversity research

institute created pursuant to section two hundred thirty-five-a of the

education law, within amounts appropriated therefor, by January first,

nineteen hundred ninety-five conduct a review of lands currently in

state-ownership and under the office's jurisdiction to identify lands

and waters that harbor plants, animals, and ecological communities that

are rare in New York state.

18. Identify, protect, manage, and conserve important ecological and

natural resources, including plants, animals and ecological communities

that are rare in New York state, located on state parks, parkways,

historic sites, recreational facilities and other lands under the

jurisdiction of the commissioner.

19. Offer for sale advertising and corporate sponsorship space in

various publications of the office and offer for sale informational and

promotional material related to programs, operations, facilities and

resources under the jurisdiction of the office. Any proceeds realized

from the sale of advertising or corporate sponsorship space or

informational or promotional materials shall be deposited in the patron

services account of the miscellaneous special revenue fund and shall be

used by the office to defray the cost of development and publication of

informational and promotional material.

19-a. Prior to offering for sale to the public any merchandise, goods,

commodities or food service at parks, recreation facilities, historic

sites or other facilities under the jurisdiction of the office, make a

written finding that the private sector is unable or unwilling to

provide such merchandise, goods, commodities or food service under

agreement with the office and under such terms and conditions as the

commissioner determines are fair and reasonable to the state and

necessary to serve the public interest. Any proceeds realized from the

sale of such merchandise, goods, commodities or food service shall be

deposited in the patron services account of the miscellaneous special

revenue fund and shall be used by the office to defray the cost of

operating and maintaining such parks, recreation facilities and historic

sites.

20. Provide for the display of the POW/MIA flag wherever the flag of

the United States of America is on display at state parks, historic

sites, and recreational facilities.

21. Develop, in consultation with the commissioner of health,

informational signs and brochures alerting patrons of the dangers of

overexposure to the sun and its relationship to skin cancer. The

information on such signs and in such brochures shall include methods by

which an individual may help prevent exposure to the sun and lessen his

or her risk of contracting skin cancer. Such signs and informational

brochures shall be placed in appropriate locations at the discretion of

the commissioner.

22. Be empowered to enter into an agreement with the New York state

thruway authority, which shall allow the office to utilize an electronic

toll collection system for the collection of any entrance fee or parking

fee at any historic site, park or recreational facility.

23. Establish and implement a program for the collection of recyclable

materials that are discarded in state parks, state historic sites and

state recreational facilities. Such recyclable materials shall include,

but not be limited to, metal, plastic, glass and paper. In each such

park, historic site and recreational facility the office shall install

bins for the collection of recyclable materials. The office shall

regularly collect and provide for the recycling of the recyclable

materials collected.

24. Encourage and promote farmers' markets which offer for sale farm

and food products, as such terms are defined in section two hundred

sixty of the agriculture and markets law, at state parks when such

farmers' market does not harm the natural environment or integrity of

the park. Such promotion shall include but not be limited to:

(a) posting information on the office's website pertaining to

locations and times of operation for such farmers' markets held in state

parks;

(b) identifying opportunities to expand farmers' markets to additional

state park locations; and

(c) coordinating with other state agencies, including but not limited

to empire state development and the department of agriculture and

markets, to further the goals of this subdivision.

Designation of deputies or agents. Whenever the office or

commissioner is granted any power, function or duty under the provisions

of this chapter or other law, such power, function or duty may be

exercised by the commissioner or by any employee of the office, or board

or commission therein, designated by the commissioner for such purpose.

Subpoenas. The issuance and enforcement of a subpoena issued

by the commissioner shall be governed by the civil practice law and

rules, except that no employee of the office shall be entitled to

special mileage or fees for the service of such subpoena. The

commissioner shall not be required to issue a subpoena if such subpoena

may be issued by counsel for the party requesting such subpoena.

Statewide park and recreation plan. 1. The office shall

formulate, maintain and from time to time revise a statewide park and

recreation plan.

2. The office shall submit such plan and periodic revisions of such

plan to the department of state and the governor. The department of

state shall review such plan and such revisions and shall submit a

report thereon, together with such recommendations as it may deem

appropriate, to the governor. Such plan and revisions shall become

effective upon approval by the governor and shall serve thereafter as a

guide for the development, protection and management of parks and

recreation facilities.

2-a. Such plan and revision shall include the results of a survey of

local park and recreation programs throughout the state that identify

local park or recreation services which are unique, innovative or

budget-effective and which may be readily adaptive to other localities.

The findings from each such survey shall be maintained by the office

until such subsequent revision and shall be readily available to local

governments and their parks and recreation agencies.

2-b. Such plan shall describe the existing natural, ecological,

historic, cultural and recreational resources within the state park,

recreation and historic site system. It shall also identify any threats

to the quality of these resources and the types of actions that will be

taken to eliminate or substantially reduce such threats.

3. In formulating such plan and any such revisions, the office may:

(a) Conduct one or more public hearings;

(b) Consult with and cooperate with (i) officials of departments and

agencies of the state having duties and responsibilities concerning

parks and recreation; (ii) officials and representatives of the federal

government, of neighboring states and of interstate agencies having

duties and responsibilities relating to parks and recreation in this

state; (iii) officials and representatives of local government in the

state; (iv) officials and representatives of science, industry,

education (v) persons, organizations and groups, public, or private,

utilizing, served by, interested in or concerned with parks and

recreation of the state; and

(c) Request and receive from any department, division, board, bureau,

commission or other agency of the state or any political subdivision

thereof or any public authority such assistance and data as may be

necessary to enable the office to carry out its responsibilities under

this section.

Operational safety plans. 1. The office shall develop and

approve operational safety plans prior to the deployment of any employee

in hazardous conditions. The plan shall include, but not be limited to,

a comprehensive risk assessment identifying potential hazards associated

with the deployment, mitigation measures to address identified risks,

detailed information on team composition including roles and

responsibilities, identification of an on-site authorized person

responsible for overseeing operations, a clear chain of command for

decision-making during the deployment, emergency contact information for

all team members, and, to the extent applicable, evacuation procedures.

The plan shall require that any employee check in with the incident

commander or safety officer for incident specific procedures prior to

taking any action at the incident location. The commissioner or the

commissioner's designee shall review and approve all operational safety

plans to ensure compliance with established safety standards, verify

that the employees being deployed are adequately trained for their

roles, and confirm that the operation is essential under hazardous

conditions.

2. For the purposes of this section:

(a) "hazardous conditions" shall mean any situation that poses a

significant risk to the health and safety of personnel, including but

not limited to natural disasters, extreme weather, and other emergency

situations.

(b) "Deployment" shall mean the organized assignment of employees that

requires coordination beyond the scope of routine job duties.

3. When deployment occurs in coordination with one or more other

entities, and the office is not the lead response agency, the office

shall make reasonable efforts to ensure that employees are provided with

the incident specific operational safety plan developed by the lead

agency and/or incident commander.

4. Nothing in this section shall be construed to limit or delay the

ability of employees to perform routine job duties or respond to

imminent threats to life or property.

Acquisition and disposition of property. 1. Notwithstanding

any other provision of law, the commissioner may acquire such property

as may be necessary for the purposes and functions of the office, within

the amounts appropriated or available therefore. Such property may be

acquired pursuant to the provisions of the eminent domain procedure law,

or by purchase, lease, exchange, grant, condemnation, gift, devise,

bequest, or by any other lawful means. No real property shall be so

acquired unless the title thereto is approved by the attorney general.

Notwithstanding the provisions of section eleven of the state finance

law, the commissioner may accept a conditional grant, gift, devise or

bequest with the approval of the director of the budget. Title to real

property which is acquired shall be taken in the name of and be vested

in the people of the state of New York.

2. Notwithstanding the provisions of the state finance law, or of any

other law, the commissioner is hereby authorized to receive, hold and

administer property, and the income thereof, acquired by grant, gift,

devise or bequest, either absolutely or in trust. The commissioner may

establish a special fund or funds consisting of monies so acquired and

may administer and expand such monies in accordance with the terms and

conditions of such grants, gifts, devises or bequests.

Acquisition of property by eminent domain. 1. Whenever the

commissioner deems it necessary to acquire property pursuant to the

eminent domain procedure law, he shall cause to be made an accurate

acquisition map as provided in said law. The acquisition map shall be

made from an accurate survey of the property to be so acquired or in or

to which any easement or estate less than full title is to be acquired

specifying the particular nature and extent thereof, except that

whenever a duly certified map or description of the property, easement

or estate less than full interest to be acquired is available as a

matter of public record, then in that event such map or description may

be used by the commissioner to prepare the acquisition map. Upon the

approval of the acquisition map by the commissioner, which shall be

endorsed thereon, he shall acquire such property, easements, interests

or rights in accordance with the provisions of the eminent domain

procedure law.

2. If the commissioner shall determine, prior to the filing of the

acquisition map in the office of the clerk or register of the county, as

provided in the eminent domain procedure law, that changes, alterations

or modifications of such map as filed in the office should be made, he

or she shall direct the preparation of a new map or direct that changes

be made on the original tracing of such map, with a notation indicating

such changes. Upon approval of such amended map by the commissioner, it

shall be filed in the main office of parks, recreation and historic

preservation as the original map was filed and the amended map shall

thereupon in all respects and for all purposes supersede the map

previously filed.

3. If the commissioner shall determine, prior to the filing of a copy

of the acquisition map in the office of the county clerk or register as

provided in the eminent domain procedure law, that such map should be

withdrawn, he or she shall file a certificate of withdrawal in the

office and department of law. Upon the filing of such certificate of

withdrawal, the map to which it refers shall be cancelled and all rights

thereunder shall cease and determine.

5. If, at or after the vesting of title to such property in the people

of the state of New York in the manner provided in the eminent domain

procedure law, the commissioner shall deem it necessary to cause the

removal of an owner or other occupant from such property, he may cause

such owner or other occupant to be removed therefrom by proceeding in

accordance with section four hundred five of said law. The proceeding

shall be brought in the name of the commissioner as agent of the state.

If any person proceeded against shall contest the petition by an answer,

the attorney general shall be notified, and he thereafter shall

represent the petitioner in the proceedings. No execution shall issue

for costs, if any, awarded against the state or the commissioner, but

they shall be part of the costs of the acquisition and be paid in like

manner. Proceedings may be brought separately against one or more of the

owners or other occupants of a property, or one proceeding may be

brought against all or several of the owners or other occupants of any

or all property within the territorial jurisdiction of the same justice

or judge; judgment shall effect or be made for immediate removal of

persons defaulting in appearance or in answering, or withdrawing their

answers, if any, without awaiting the trial or decision of issues raised

by contestants, if any.

6. No agreement made by the commissioner in accordance with the

provisions of section three hundred four of the eminent domain procedure

law shall be binding upon the state of New York unless the attorney

general shall certify that the person or persons claiming the amount so

agreed upon be entitled thereto. Payment shall be made upon audit and

warrant of the comptroller of the amount so agreed upon from monies

appropriated for such purposes.

7. Application for reimbursement of incidental expenses as provided in

section seven hundred two of the eminent domain procedure law shall be

made to the commissioner upon forms prescribed by him and shall be

accompanied by such information and evidence as the commissioner may

require. Upon approval of such application, the commissioner shall

deliver a copy thereof to the comptroller together with a certificate

stating the amount due thereof, and the amount so fixed shall be paid

out of the state treasury after audit by the comptroller from monies

appropriated for the acquisition of property under this section.

8. (a) The commissioner, with the approval of the director of the

budget, shall establish and may from time to time amend rules and

regulations authorizing the payment of the following expenses and losses

incurred by the displaced owners or occupants of a property acquired

pursuant to this section as a result of such acquisition:

(i) actual reasonable and necessary moving expenses; and

(ii) actual direct losses of tangible personal property as a result of

moving or discontinuing a business or farm operation on such property,

but not exceeding an amount equal to the reasonable expenses that would

have been required to relocate such property, as determined by the

commissioner; and

(iii) actual reasonable expenses in searching for a replacement

business or farm; and

(iv) actual and reasonable expenses necessary to reestablish a

displaced farm operation, not-for-profit organization, or small business

at its new site but not to exceed the maximum amount provided for in the

regulations.

(b) Such regulations may provide in hardship cases for the advance

payment of such expenses and losses. For the purposes of making payment

of such expenses and losses only, such regulations shall provide that

the term "business" includes any lawful activity conducted primarily for

assisting in the purchase, sale, resale, manufacture, processing or

marketing of products, commodities, personal property or services by the

erection and maintenance of an outdoor advertising display or displays,

whether or not such display or displays are located on the premises on

which any of the above activities are conducted. Such rules and

regulations may further define the terms used in this subdivision. Such

regulations may also provide for payments to utilities for the

relocation of their facilities under such circumstances and in such

amounts as the commissioner may determine.

(c) Any person eligible for the payments authorized by paragraph (a)

of this subdivision who is displaced from a residential property may, in

lieu of such payments, elect to accept an expense and dislocation

allowance, determined in accordance with a schedule prepared by the

commissioner and made a part of such rules and regulations.

(d) Any person eligible for the payments authorized by paragraph (a)

of this subdivision, who is displaced from a business or farm operation

and who is eligible under criteria established by the department may, in

lieu of such payments, elect to accept a fixed relocation payment,

except that such payment shall be not less than the minimum nor more

than the maximum amount provided for in the regulations. However, a

person whose sole business at the property so acquired is the rental of

such property to others shall not qualify for payment under this

paragraph.

(e) Application for payment under this subdivision shall be made to

the commissioner upon forms prescribed by the commissioner and shall be

accompanied by such information and evidence as the commissioner may

require. Upon approval of such application, the commissioner shall

deliver a copy thereof to the comptroller together with a certificate

stating the amount due thereunder, and the amount so fixed shall be paid

out of the state treasury after audit by the comptroller from moneys

appropriated for the acquisition of property under this section. No

payment shall be made under this subdivision for any cost, expense,

difference or other amount for which payment was previously made.

(f) The regulations necessary to implement this subdivision shall be

consistent with the applicable provisions of section thirty of the

highway law, as the same may from time to time be amended, and

regulations issued thereunder.

9. (a) Authorization is hereby given to the commissioner to make

supplemental relocation payments, separately computed and stated, to

displaced owners and tenants of residential property acquired by eminent

domain who are entitled thereto, as determined by the commissioner. The

commissioner, with the approval of the director of the budget, may

establish and from time to time amend rules and regulations providing

for such supplemental relocation payments. Such rules and regulations

may further define the terms used in this subdivision.

(b) In the case of residential property acquired pursuant to this

section which is improved by a dwelling actually owned and occupied by

the displaced owner for not less than one hundred eighty days

immediately prior to initiation of negotiations for the acquisition of

such property, such supplemental relocation payment to such owner shall

not exceed the maximum amount provided for in the regulations. Such

payment shall include the following elements:

(i) the amount, if any, which when added to the acquisition payment

equals the average price, established by the commissioner, required to

obtain a comparable replacement dwelling for such displaced owner, but

in no event shall such payment exceed the difference between acquisition

payment and the actual purchase price of the replacement dwelling; and

(ii) the amount which will compensate such displaced owner for any

increased interest costs which such person is required to pay for

financing the acquisition of the comparable replacement dwelling. Such

amount shall be paid only if the dwelling acquired pursuant to this

section was encumbered by a bona fide mortgage which was a valid lien on

such dwelling for not less than one hundred eighty days prior to the

initiation of negotiations for the acquisition of such property. Any

such compensating interest payment shall, notwithstanding the provisions

of section twenty-six-b of the general construction law, be in lieu of

and in full satisfaction of the requirements of such section; and

(iii) an amount which will compensate such displaced owner for

reasonable expenses incurred for evidence of title, recording fees and

other closing costs incident to the purchase of the comparable

replacement dwelling, but not including prepaid expenses.

(c) Any supplemental relocation payment made pursuant to paragraph (b)

of this subdivision shall be made only to a displaced owner who

purchases and occupies a comparable replacement dwelling within one year

subsequent to the date on which such owner is required to move from the

dwelling acquired pursuant to this section or the date on which such

owner receives from the state final payment for such acquired dwelling,

whichever occurs later. The commissioner may extend such period for good

cause; provided however, that any payment shall be based on the costs of

relocating the displaced person to a comparable replacement dwelling

within one year of such extended date. The regulations may provide that

advance payment of such payments may be made in hardship cases.

(d) In the case of residential property acquired pursuant to this

section from which an owner or tenant, not otherwise eligible to receive

a supplemental relocation payment pursuant to the provisions of

paragraph (b) of this subdivision, is displaced from dwelling thereon

which has been actually and lawfully occupied by such owner or tenant

for not less than ninety days immediately prior to (i) the initiation of

negotiations for the acquisition of such property or (ii) such other

event as regulations may prescribe when the displacement is not a direct

result of such acquisition, such supplemental relocation payment to such

owner or tenant shall not exceed the maximum amount provided for in the

regulations. Such payment shall be the amount which is necessary to

enable such owner or tenant to lease or rent for a period not to exceed

the maximum time specified in the regulations, a comparable replacement

dwelling but such amount shall not exceed the maximum amount specified

in the regulations. Such payments may be made in periodic installments

as determined by the commissioner. Any person eligible for a

supplemental relocation payment under this paragraph may elect to use

such payment for the down payment, including reasonable expenses

incurred by such owner or tenant for evidence of title, recording fees,

and other closing costs incident to the purchase of the replacement

dwelling, but not including prepaid expenses, on the purchase of a

comparable replacement dwelling, except such payment shall not exceed

the maximum amount provided for in the regulations.

(e) Application for payment under this subdivision shall be made to

the commissioner upon forms prescribed by the commissioner and shall be

accompanied by such information and evidence as the commissioner may

require. Upon approval of such application, the commissioner shall

deliver a copy thereof to the comptroller, together with a certificate

stating the amount due thereunder, and the amount so fixed shall be paid

out of the state treasury after audit by the comptroller from moneys

appropriated for the acquisition of property under this section. No

payment shall be made under this subdivision for any cost, expense,

difference or other amount for which payment was previously made.

(f) The regulations necessary to implement this subdivision shall be

consistent with the applicable requirements of section thirty of the

highway law, as the same may from time to time be amended, and

regulations issued thereunder.

10. Expenses incurred in the acquisition of the property, including

the cost of making surveys, preparing descriptions and maps, appraisals,

title searches, service and publication of notices, and expenses

incurred in proceedings for the removal of owners or occupants, shall be

deemed to be part of the cost of the acquisition of such real property

and shall be paid accordingly out of any moneys appropriated for the

acquisition of such property.

11. The state of New York shall be liable for any damages to any real

property caused by the making of surveys, test pits, test borings or

other investigations pursuant to section four hundred four of the

eminent domain procedure law. Such damages may be recovered and

adjusted and paid in the same manner as provided in this section with

respect to compensation for real property acquired by eminent domain.

12. The owner of any real property acquired by eminent domain may

present to the court of claims, pursuant to section five hundred three

of the eminent domain procedure law a claim for the value of such

property appropriated and for legal damages caused by such

appropriation, as provided by law for the filing of claims with the

court of claims. Awards and judgments of the court of claims shall be

paid in the same manner as awards and judgments of that court for the

acquisition of lands generally and shall be paid out of the state

treasury after audit by the comptroller from moneys appropriated for the

acquisition of such real property.

13. If the commissioner shall determine subsequent to the

appropriation of a temporary easement in any real property that the

purposes for which such easement right was acquired have been

accomplished and that the exercise of such easement is no longer

necessary, he shall make his certificate that the exercise of such

easement is no longer necessary and that such easement right is

therefore terminated, released and extinguished. The commissioner shall

cause such certificate to be filed in the office of parks, recreation

and historic preservation and a copy thereof certified by the

commissioner to be filed in the office of the clerk or register of each

county in which the property affected, or any part thereof, is situated.

On the filing of such certified copy of such certificate with such clerk

or register, it shall be his duty to record the same in his office in

the books used for recording deeds and to index the same against the

name of the people of the state of New York, as grantors. On the filing

and recording of such certificate in the office of such clerk or

register, all rights acquired by the state under such temporary easement

shall cease. The commissioner shall cause a further certified copy of

such certificate, with notice of the filing thereon in the office of

parks, recreation and historic preservation and of the filing and

recording of a certified copy thereof in the office of the clerk or

register, to be mailed to each owner of the property affected, as

certified by the attorney general, if the place of residence of such

owner is known.

14. The commissioner, may make arrangements with respect to any lands

heretofore or hereafter acquired by him, whereby such lands may continue

to be occupied and used by the former owners, their tenants or assigns

or by any other party from a date specified in said agreement until the

state requires and obtains actual physical possession of such lands,

provided that during the period of such occupancy, such lands shall

remain on the assessment rolls of the municipality, school districts and

other districts in which they are located and shall be subject to real

estate taxes and assessments in the same manner as privately owned

lands. The right of a former owner, tenant, assignee or other party to

occupy and use such lands shall be conditioned on the prompt payment of

the full amount of such taxes and assessments, with interest and

penalties, if any, and compliance with the provisions of section three

hundred five of the eminent domain procedure law, if applicable. The

state shall not be liable for real estate taxes or assessments on such

lands during such a period. A copy of any such agreement shall be filed

with the county clerk of the county in which such lands are located.

Nothing herein contained shall be construed to limit the authority of

the commissioner to accept conditional grants, bequests or devises of

property under other provisions of this chapter.

Limitation on use of Connetquot river state park water

resources. No person shall extract any surface or ground water within

the boundaries of the Connetquot river state park, except for public use

within the park.

New York state conservation corps. 1. A New York state

conservation corps (hereafter referred to as the "corps") within the

office is hereby established for the following purposes:

a. To protect air, fish, forest, land, water and wildlife;

b. To help maintain and improve botanical gardens, historic sites,

libraries, museums, parks, parkways, refuges, trails, zoos and other

recreational investments;

c. To aid agricultural, fishing, forestry and tourist industries;

d. To provide jobs and job training for young unemployed men and

women, especially from disadvantaged backgrounds, to act as a stepladder

to permanent employment;

e. To foster co-operation among civilian and governmental agencies in

order to educate the public about state resources;

f. To reinforce the "I Love New York" campaign;

g. To take advantage of the capital investment in facilities and

equipment already in place from the programs of youth and young adult

and civilian conservation corps paid for by federal dollars;

h. To educate the participants about our natural environment and

cultural heritage, teach first aid and disaster procedures, and to

otherwise encourage them to further their education; and

i. To do such other projects which provide disaster relief, increase

energy conservation, improve fire prevention, beautify highways, control

insects and rodents, upgrade public lands, and revitalize urban areas.

2. The office is authorized to provide for the use of state

appropriations as are available for such purposes:

a. To coordinate corps participants in doing projects on land owned by

the state or by a municipality or by an Indian nation, or activities

taking place at nonproject sites when appropriate; and

b. To enter into agreements with any municipal corporation, state

agency, not-for-profit organization or Indian nation which will agree to

do projects consistent with this section.

3. The corps shall consist of the following components:

a. Summer: for youth enrollees, aged fourteen--eighteen;

b. Seasonal: for unemployed young adult enrollees, aged

sixteen--twenty-four;

c. Non-residential: for young adult enrollees, aged

sixteen--twenty-four;

d. Residential: for young adult enrollees, aged eighteen--twenty-five;

e. Volunteer: for interested persons of any age who are members of an

organized group which has proper leadership and insurance;

f. Crew Leader: for young adults, aged eighteen and over;

g. Staff: for adults, aged twenty-one and up, who are needed for the

few positions enrollees or crew leaders cannot fill; and

h. Director: for adults, aged twenty-five and up, who are in charge of

local or state projects, residential camps, or overall program of corps.

4. The following minimum standards and requirements shall apply for

all projects funded pursuant to the provisions of this section:

a. Enrollees and crew leaders shall be paid at rates set by the

office, and may have incentive steps up to twice the rate of the federal

minimum wage;

b. The distribution of projects should as much as practicable reflect

the population of the state as a whole, the usage of qualifying sites,

the population of and unemployment rates among the target age group,

except for special needs arising from disasters caused by man and/or

nature;

c. Applicants for summer and seasonal enrollee positions shall be

chosen for interview by random methods;

d. Local operators shall match funds received from the state by

providing for twenty percent local share of project costs consisting of

cash or in kind services;

e. No participant in the corps shall displace or be substituted for

existing employees;

f. No individual may be an enrollee in the corps for more than

twenty-four months of accumulated service;

g. All residential camps shall be operated by the office;

h. Projects will receive preference which provide for the most long

term benefits to the public, meaningful work, work experiences, and are

labor intensive;

i. A corps member must be a citizen or lawful permanent resident or

lawfully admitted noncitizen;

j. Applicants for seasonal enrollee positions shall be unemployed;

k. Special consideration shall be given to the recruitment of

enrollees who are economically, socially, physically, and educationally

disadvantaged;

l. Volunteers may not be used for hazardous duties or law enforcement

work;

m. Program funds may be expended to provide for services or costs

incidental to the utilization of volunteers, including transportation,

supplies, lodging, recruiting, training and supervision;

n. Volunteers shall not be deemed to be employees, except for tort

claims relating to compensation for work injuries;

o. The corps may do work at federal sites;

p. The corps will help support the empire state games, the state fair,

and other events consistent with this section;

q. The corps will help the department of commerce, the Olympic

regional development authority, the Adirondack park agency, and local

agencies in their tourist development activities;

r. The office shall whenever possible coordinate program activities

with other youth sections of the office, department of labor, department

of environmental conservation, the division for youth, agencies or

programs operating pursuant to the Federal job training partnership act,

department of social services, department of education, and local youth

agencies;

s. Of the sums appropriated to carry out this section for any fiscal

year from state and/or federal and/or private sources:

(i) not less than fifty percent shall go to local governments and

not-for-profit groups,

(ii) not less than ten percent shall be spent on summer component,

(iii) not less than twenty-five percent of state projects shall be

operated by the department of environmental conservation,

(iv) not less than ten percent of state projects shall be operated by

Indian nations;

(v) not less than fifty percent of state projects shall be operated by

the office;

t. Educational opportunities for corps participants shall be enhanced

by:

(i) the provision of training and reference materials, both internal

and from other state or federal sources,

(ii) arranging with educational institutions for the awarding of

academic credit for competencies developed,

(iii) encouraging corps members to continue studies during non-working

hours to complete high school equivalency diploma or college courses or

job skill training;

u. The office shall coordinate educational, recruiting and training

materials of the corps with the departments of education, environmental

conservation and labor and the division for youth; and

v. The corps shall take advantage of the services available from the

state university of New York, local community colleges and school boards

and the University of New York.

5. The office may accept supplementary public and private funds to

assist in meeting the costs of operating the corps.

6. The commissioner shall prepare an annual report on the corps and

submit such report to the legislature.

7. The office shall promulgate such rules and regulations as are

necessary and appropriate and shall establish the corps as a separate

bureau within the office.

8. The commencement of the corps and other provisions under this

section shall be contingent upon the availability of federal and/or

state moneys appropriated for such purposes.

Adopt-a-beach stewardship program. 1. The commissioner may

enter into stewardship agreements with any person or persons for the

purposes of preserving, maintaining, or enhancing a state-owned beach,

shoreline area or portion thereof in accordance with the policies of

this chapter.

2. The stewardship agreement shall provide that the beach or shoreline

area be preserved and maintained in its natural state or managed to

enhance or restore the natural values it provides, consistent with the

provisions of this chapter. Activities may include: remediating

vandalism and storm damage, picking up litter and trash, establishing or

maintaining access or nature trails, providing interpretive services for

school groups and other citizens, and otherwise providing positive

benefits to the beach or shoreline area.

3. Stewardship agreement with any person or persons may provide for

assistance of personnel, facilities and supplies of the office for the

purposes of supporting appropriate activities under such stewardship

agreement, in accordance with the provisions of this chapter.

4. The office shall establish procedures by which a person or persons

may apply for a stewardship agreement, and shall be responsible for

working with such persons to identify specific sections of a state-owned

beach or shoreline area and specific activities deemed appropriate for

such stewardship agreement. The office may consider factors such as

safety, environmental sensitivity, need, cost and other factors deemed

relevant in determining which beach or shoreline areas or activities may

be eligible or appropriate for a stewardship agreement.

5. The office shall provide recognition of the stewardship activities

by appropriate signage on or near the adopted beach or shoreline area,

and may provide recognition by such other measures as it may determine

to be appropriate, including but not limited to press releases,

certificates, and newsletters.

6. The stewardship agreement may be modified in scope or altered in

any other manner at the sole discretion of the office, not inconsistent

with the provisions of this section. The person or persons shall have

the option of renewing the agreement subject to the approval of the

office and the continuation by the office of the adopt-a-beach

stewardship program. The office may immediately remove the signs and it

may terminate the agreement upon thirty days notice, if in its sole

judgment it finds and determines that the person or persons are not

meeting the terms and conditions of the agreement.

7. Notwithstanding any inconsistent provision of law, the state and

its employees shall not be liable for damages suffered by any person

resulting from the actions or activities of such volunteers.

Council. There shall continue to be in the office a state

council of parks and outdoor recreation, to be hereafter called the

state council of parks, recreation and historic preservation. The

commissioner shall be a member of the council and shall coordinate the

functions and activities of the office with those of the council. In

addition, the council shall consist of the commissioner of environmental

conservation, the chairmen of the several regional park, recreation and

historic preservation commissions, the chairman of the state board on

historic preservation and the president of the Palisades interstate park

commission if such president is a resident of the state of New York, and

otherwise a resident member of such commission who shall be designated

by the members of such commission who are residents of this state. No

member of the council or his representative shall receive any

compensation for his services as such, but each member or his

representative shall be entitled to receive his actual and necessary

expenses in performing the duties of his office.

Chairman; officers. The governor shall designate a chairman

and vice-chairman from among the members of the council, exclusive of

the commissioners of environmental conservation and parks, recreation

and historic preservation, to hold such offices at his pleasure. The

council may provide for its organization and appoint such other officers

from among its members as it deems appropriate.

Meetings. The council shall hold regular meetings at least

four times a year at such times and places as it may direct, and special

meetings when authorized and called as prescribed in its by-laws.

Members of the council may be represented at its meetings by a

commissioner of their respective commissions, or a deputy or assistant

commissioner of their respective departments.

Office. The commissioner shall provide such suitable office

space for the council as may be required.

Powers, functions and duties. The council shall:

1. Review the policy, budget and statewide plans of the department,

and make appropriate recommendations regarding their amendment or

adoption.

2. Submit reports to the governor, not less than once each year,

concerning progress in the area of state parks, recreation and historic

preservation, including recommendations for the future, and covering

such other matters as the council may deem appropriate.

3. Act as a central advisory agency on all matters affecting parks,

recreation and historic preservation.

4. Recommend, from among its members and for the governor's

consideration, a chairman and vice-chairman.

5. Adopt such by-laws as may be required for the organization of the

council and the conduct of its affairs.

Park regions. The state shall be divided into twelve park

regions as follows:

1. The first region shall consist of the counties of Erie and Niagara

and so much of the county of Cattaraugus as is contained between the

present boundary line of Cattaraugus and Erie counties and a line

running parallel with such boundary line and two miles south of such

boundary line.

2. The second region shall consist of the counties of Chatauqua,

Allegany, and Cattaraugus, except such part of Cattaraugus county as is

included in the first park region.

3. The third region shall consist of the counties of Orleans, Genesee,

Monroe, Wyoming and Livingston.

4. The fourth region shall consist of the counties of Wayne, Ontario,

Steuben, Chemung, Schuyler, Yates, Tioga, Tompkins, Seneca and Cayuga,

except the watershed of Skaneateles lake.

5. The fifth region shall consist of the counties of Oswego, Onondaga,

Madison, Cortland, Chenango, Otsego, and Broome, the watershed of

Skaneateles lake and those portions of the counties of Herkimer, Oneida

and Delaware lying outside the Adirondack or Catskill parks.

6. The sixth region shall consist of the counties of Hamilton and

Essex and those portions of the counties of Saint Lawrence, Lewis,

Oneida, Clinton, Franklin, Herkimer, Fulton, Ulster, Saratoga, Warren,

Washington, Greene, Delaware and Sullivan lying within the Adirondack or

Catskill parks as defined in section 9-0101 of the environmental

conservation law.

7. The seventh region shall consist of the counties of Columbia,

Dutchess, Putnam and Westchester.

8. The eighth region shall consist of the counties of Orange and

Rockland and those portions of the counties of Sullivan and Ulster lying

outside the Catskill park.

9. The ninth region shall consist of the counties of Nassau and

Suffolk.

10. The tenth region shall consist of the county of Jefferson and

those portions of the counties of Lewis, Clinton, Franklin and Saint

Lawrence lying outside the Adirondack park.

11. The eleventh region shall consist of the counties of Albany,

Rensselaer, Schenectady, Schoharie, Montgomery and those portions of the

counties of Warren, Washington, Fulton, Saratoga and Greene lying

outside the Adirondack or Catskill parks.

12. The twelfth region shall consist of the counties of Kings, Queens,

New York, Bronx and Richmond.

Regional park, recreation and historic preservation

commissions. Subject to the provisions of this chapter, the several

regional park commissions shall be continued as regional park,

recreation and historic preservation commissions, as follows:

1. The first region: the Niagara Frontier state park, recreation and

historic preservation commission.

2. The second region: Allegany state park, recreation and historic

preservation commission.

3. The third region: the Genesee state park, recreation and historic

preservation commission.

4. The fourth region: the Finger Lakes state park, recreation and

historic preservation commission.

5. The fifth region: the Central New York state park, recreation and

historic preservation commission.

6. The seventh region: the Taconic state park, recreation and historic

preservation commission.

7. The ninth region: the Long Island state park, recreation and

historic preservation commission.

8. The tenth region: the Thousand Island state park, recreation and

historic preservation commission.

9. The eleventh region: the Saratoga Springs commission and the

Capital district state park commission, as the Saratoga-Capital district

state park, recreation and historic preservation commission.

10. The twelfth region: the state park, recreation and historic

preservation commission for the city of New York.

Commission members; chairmen. 1. Subject to the provisions of

subdivision two, each of the regional park, recreation and historic

preservation commissions shall consist of a board of seven members,

appointed by the governor with the advice and consent of the senate, for

terms of seven years. Members shall be citizens and residents of the

state, and at least five members of each commission shall reside in the

park region which the commission serves. The chairman of each commission

shall be designated by the governor from among the members, and shall

hold such office at the pleasure of the governor. Members of such

commissions shall not receive any compensation, but shall be entitled to

their actual and necessary expenses in performing the duties of their

office.

2. Notwithstanding the provisions of subdivision one, the additional

provisions below shall govern the appointment of members of the

following commissions:

(a) Niagara Frontier state park, recreation and historic preservation

commission. At least two members shall reside in Niagara county and at

least three shall reside in Erie county.

(b) Genesee state park, recreation and historic preservation

commission. At least two members shall reside in each of Monroe and

Wyoming counties, and at least one shall reside in each of the other

counties in the third park region.

(c) Taconic state park, recreation and historic preservation

commission. At least two members shall reside in Westchester county;

the seventh member shall be the person holding the office of chairman of

the Westchester county parks, recreation and conservation board, or the

person holding a similar position in any agency or board which is a

successor thereto or to the park functions thereof.

(d) Long Island state park, recreation and historic preservation

commission. The commission shall consist of nine members. At least two

members shall reside in Nassau county and two in Suffolk county; all

members shall reside within the counties of Nassau and Suffolk.

(e) Thousand Islands state park, recreation and historic preservation

commission. All members shall reside in the tenth park region.

(f) Saratoga-Capital district state park, recreation and historic

preservation commission. The commission shall consist of nine members,

at least six of whom shall reside in the eleventh region.

(g) State park, recreation and historic preservation commission for

the city of New York. The commission shall consist of nine members. All

members shall reside in the city of New York; provided however, that one

member shall be the person holding the office of commissioner of parks

and recreation of the city of New York, or the person holding a similar

position in any agency or board which is a successor thereto or to the

park functions thereof.

Organization; officers. Each commission may provide for its

own organization and appoint such other officers from among its members

as it deems appropriate.

Meetings. Each commission shall hold regular meetings at least

four times a year at such times and places as it may direct, and special

meetings when authorized and called as prescribed by its rules.

Powers and duties of commissions. Each regional park,

recreation and historic preservation commission shall:

1. Act as a central advisory agency on all matters affecting parks,

outdoor recreation and historic preservation within the park region it

serves.

2. Represent and convey to the commissioner and council citizen

viewpoints as to the programs and needs of the park region it serves.

3. Maintain close liaison with officials of the office having

administrative jurisdiction over the park region which it serves, and

advise such officials on local policy, operational and budgetary

matters.

Continuation of commission. The Palisades interstate park

commission, as established by compact between the states of New York and

New Jersey authorized by chapter one hundred seventy of the laws of

nineteen hundred thirty-seven, shall continue in the office with the

powers, functions and duties prescribed in this article. The commission

shall continue to have the immediate custody, jurisdiction, management

and control of all lands, parks or parkways in this state which it now

has under its jurisdiction and control.

Office. The commission shall have and maintain a suitable

office where its maps, plans, documents, records and accounts shall be

kept, subject to public inspection at such times and under such

reasonable regulations as the commission shall determine.

Powers, functions and duties. In addition to the powers,

functions and duties conferred upon it by compact, the commission,

subject to the approval of the commissioner, shall, within the eighth

park region:

1. Acquire and establish parks and recreational facilities and

services.

2. Operate and maintain park and recreational facilities and services.

3. Provide for the health, safety and welfare of the public using

facilities under its jurisdiction.

4. Appoint such employees, including members of the regional state

park police for the eighth region, as may be necessary to carry out its

powers, functions and duties.

5. Provide or operate, or provide by lease, concession, exclusive or

non-exclusive privilege, or otherwise, for the operation of such

facilities, including hotels, restaurants, stands, booths, amusements,

docks and any and all means of transportation to, from or in parks and

facilities under its jurisdiction, for the use and enjoyment of such

parks and facilities by the public and for increasing public access

thereto.

6. Lay out, construct and maintain roads, pathways, ways and parkways

upon, across and over real property under its jurisdiction, or between

and connecting any such roads, pathways, ways and parkways with other

public roads or parkways outside such real property, and acquire any

real property which is necessary or desirable for such park purposes,

pursuant to the provisions of section 9.07.

7. Adopt, amend or rescind such rules, regulations or orders as may be

necessary or convenient for the exercise or performance of the

functions, powers and duties of the commission, provided, however, no

rule, regulation or order affecting traffic or navigation shall be

effective unless authorized by the commissioner.

8. Exercise and perform such other functions, powers and duties as may

be conferred or imposed by or pursuant to this chapter or other

provision of law.

9. Do all other things which are necessary or desirable in carrying

out its functions, powers and duties including wherever possible, the

provision of habitat for various wildlife species including endangered

and threatened species of fauna through practices such as ecological

restoration, wetland conservation and the planting of trees, shrubs and

herbaceous plants indigenous to the area which act as food and

protective cover for fauna on those lands under the jurisdiction of the

commission. Selection of plant species or communities of species shall

take into consideration the natural, ecological, historic,

archeological, aesthetic, and public use resources in the immediate

areas as well as the management goals of the park or site.

Acquisition of property. The commission shall have the power to

acquire property for park and recreation purposes within the eighth park

region, with the approval of the commissioner, in the same manner and to

the same extent as provided for acquisitions by the commissioner under

sections 3.17 and 3.19 of this chapter. Title to any real property so

acquired shall be taken in the name of the commission. Title of, and

jurisdiction and control over any real property so acquired shall be

vested in the commission in the same manner as for real property

presently owned by it, unless otherwise provided by law. Nothing herein

contained shall be construed to affect the rights of the state of New

York in any property heretofore acquired by the commission.

Employees. 1. The commission shall have the power to take any

action necessary for securing and maintaining the benefits of the public

retirement systems of this state for its employees in this state and for

such purpose employees of the commission to the extent to which the

compensation paid for their services is derived from funds appropriated

by this state shall be deemed to be employees of this state and eligible

for membership in the appropriate retirement system whether residents of

this state or of the state of New Jersey, to the extent otherwise

qualified.

2. For the purposes of eligibility for participation in the state

health benefit plan under article eleven of the civil service law and

for survivor's benefits for active and retired state employees,

employees of the commission, to the extent to which the compensation

paid for their services is derived from funds appropriated by this

state, shall be deemed to be employees of this state and qualified for

such participation and benefits. For the purpose of determining their

rights under the workers' compensation law of this state, employees of

the commission employed wholly or partly in this state shall be deemed

to be employees of this state provided, however, that the amount of any

payment made under such compensation law to an employee of the

commission employed only partly in this state shall be only in such

proportion as the amount of his or her salary paid by the state of New

York shall bear to his or her total salary.

3. Employees of the commission whose salary is paid in full from funds

appropriated by the state shall be deemed to be employees of the state

in the classified civil service of the state under the provisions of the

civil service law. Commission employees not deemed to be state employees

hereunder shall be employees of the commission.

Declaration of policy; purpose. The existence of

irreplaceable historic resources which give character and distinction to

our communities and to the state are threatened by the forces of change.

Accordingly, it is necessary and desirable to coordinate historic

preservation.

Such historic preservation should involve, among others, historians,

architects, educators, planners, realtors, public and private agencies

at all levels of government and in the private sector, and should

involve all levels of government.

The state government should assist local government and cooperate with

the national government for such purposes.

It is the purpose of this chapter to continue and encourage historic

preservation programs and activities and to vest responsibility for the

coordination of such programs and activities in the commissioner of

parks and recreation.

State board for historic preservation. There is hereby

established within the office a state board for historic preservation to

consist of the commissioner of education, the commissioner of

environmental conservation, the secretary of state, the chairman of the

state council on the arts, the chairman of the council and eight members

appointed by the governor, with the advice and consent of the senate,

for terms of four years. A majority of the members shall be qualified,

by education and experience, in the fields of history, architecture,

archeology and other related professional disciplines. No member shall

receive any compensation, but shall be entitled to his actual and

necessary expenses in performing the duties of his office.

Organization. 1. The governor shall designate a chairman from

among the members of the board appointed by him, to hold such office at

his pleasure. The board may provide for its organization and appoint

such other officers from among its members as it deems appropriate.

2. The commissioner, upon the approval of the board, shall appoint

staff within amounts made available by appropriation to serve the board.

The staff shall assist with the organization and implementation of the

board's duties; serve as a liaison between the commissioner and board;

inform the board of all developments germane to its duties and perform

other duties required of the board through provisions of article

fourteen of this chapter and any other laws affecting the board.

Meetings. The board shall hold regular meetings at least

four times a year at such times and places as it may direct, and special

meetings when authorized and called as prescribed by its by-laws or by

the commissioner. At meetings of the board, the commissioner of

education, the commissioner of environmental conservation, the secretary

of state, the chairman of the state council on the arts and the chairman

of the council may be represented by other officers or employees of the

state designated by them for such purpose.

Powers, functions and duties. The board shall:

1. Advise the commissioner and the council on policy matters affecting

historic preservation and the historic sites system and on priorities

among historic preservation opportunities.

2. Provide expert consultation to the commissioner on historic site

management, development and interpretation.

3. Review and make recommendations to the commissioner on the

nomination of properties of national, state or local significance for

inclusion in the national register or state register.

4. Review and advise the commissioner on the statewide comprehensive

survey and plan for historic preservation.

4-a. Review and make recommendations to the commissioner on grant

applications and use of federal and state grants-in-aid in the state.

4-b. Consult with the commissioner and review and comment in writing

upon projects that they select, reviewed pursuant to section one hundred

six of the national historic preservation act of 1966 and section 14.09

of this chapter, upon environmental impact assessments or statements or

as otherwise provided by law on actions where it appears that any aspect

of the action may or will cause any change, beneficial or adverse, in

the quality of the historic, architectural, archeological or cultural

character that qualifies an historic or cultural place for listing on

the state register.

5. Adopt such by-laws as may be required for the organization of the

board and the conduct of its affairs.

6. Perform such other functions relating to historic preservation and

historic sites as may be requested by the commissioner.

9-a. To effectuate the purposes of this section, the board may request

from any department, board, bureau, commission or other agency of the

state, and the same are authorized and directed to provide, such

cooperation and assistance, services and data as will enable the board

properly to carry out its powers and duties thereunder.

Transfer of parks, parkways and other property.

Notwithstanding the provisions of any other law, the custody and control

of all property heretofore acquired by or under the jurisdiction of any

regional park commission, as defined in section 7.03, or the Saratoga

Springs commission and the New York State historic trust, are hereby

transferred to the office. The office shall have all of the powers with

respect to such property as were possessed by the office, the several

regional park commissions, the Saratoga Springs commission and the New

York State historic trust on the day preceding the effective date of

this act, in addition to any powers provided under the provisions of

this chapter.

Listing of state parks, parkways, recreation facilities and

historic sites. 1. The commissioner shall, by regulation, maintain a

current listing and description of all state parks, parkways, recreation

facilities and historic sites under the custody and control of the

office, other state agency, authority or other instrumentality of the

state, which are now in existence or hereafter shall be acquired.

2. As used in this article, "state agency" shall mean the Palisades

interstate park commission or the department of environmental

conservation.

Assemblyman Herman D. Farrell, Jr. state park. Notwithstanding

any other law to the contrary, the state park known as Riverbank state

park located on the upper west side of Manhattan on the banks of the

Hudson river shall after the effective date of this section be known as

Assemblyman Herman D. Farrell, Jr. state park and shall be suitably

marked in a manner to be prescribed by the commissioner.

Caleb Smith State Park. Notwithstanding any inconsistent

provision of law to the contrary, on and after the effective date of

this section the state park on the Nissequogue river known as the

Nissequogue State Park shall be known as the Caleb Smith State Park and

shall be suitably marked, in a manner to be prescribed by the

commissioner.

Consents to public utilities; licenses and easements.

Notwithstanding any other provision of law, no railroad, bus line,

telephone or telegraph company, gas, power or light company, pipe line

company or other public utility shall have the right to pass over,

through or under any property acquired by the office or other state

agency for park, recreational or historic preservation purposes, except

by written consent, in the form of a license or easement, granted by the

commissioner, or such state agency, and then only under such regulations

and restrictions as the commissioner or such state agency shall deem

proper. The commissioner or other state agency shall have the right to

grant to any person or the federal government a license or an easement

for any public purpose or to construct or maintain sewers, water,

petroleum products, gas lines and electric transmission facilities

within, under or across such property, upon such terms and conditions

and under such regulations and restrictions as the commissioner or such

state agency shall deem just and proper.

Signs and advertising structures restricted. 1. In order to

conserve the natural beauty of and the investment of the state in state

parks and parkways by preserving and regulating them for public uses,

for the resort of the public for recreation, transportation, pleasure,

air, light and enjoyment by keeping them in good order for the welfare

of society, and to prevent the unrestricted use of signs and advertising

structures and devices immediately adjacent to them, no person shall

erect or maintain within five hundred feet of the border of any state

park or parkway any advertising sign or advertising structures or

devices of any kind, except under written permit from the office or

state agency charged with responsibility for the maintenance of such

park or parkway. The provisions of this section shall not apply to signs

erected or maintained upon property in connection with a business

conducted thereon, provided that such signs have an area of not more

than twenty-four square feet, do not extend more than fifteen feet above

the ground level, and are placed on the fronts of buildings.

2. The provisions of this section shall apply to all parkways

constructed within the limits of a city with state funds or federal

highway aid. In the event that jurisdiction is transferred pursuant to

law from the office or state agency to a municipal park commission or

department, the provisions of this section shall remain effective as to

such parkways, and shall thereafter be enforced by the local park

commissioner, commission or public authority to whom the jurisdiction is

transferred.

3. In addition to any fine or penalty provided by this chapter, the

attorney-general may institute any proper action, suit or proceeding to

prevent, restrain, correct or abate a violation of this section or to

cause the removal of any sign, advertising structure or device erected

or maintained in violation of the provisions of this section.

Solicitation restricted. No person engaged in the business of

transporting passengers for hire to or through any state park or

offering guide or other services for a fee to visitors to any state park

shall engage in any of the following practices:

1. The giving of false or misleading information concerning state

parks or hotel, tourist home, cabin, or other tourist accommodations, or

their rates, facilities or services.

2. The giving of false or misleading information concerning travel

routes or conditions of travel, bridges, bridge facilities or bridge

rates, parking accommodations, business establishments of service or

interest to such visitors, including the facilities, services and rates

of other sightseeing services.

3. The halting on the highways leading to state parks or on the

streets of cities, towns or villages in the vicinity of state parks, of

motor vehicles or pedestrians, for the purpose of soliciting or inducing

them to purchase the transportation or services offered.

4. The wearing of police-type caps, uniforms or parts of uniforms,

badges or insignia which convey the impression that such solicitor is a

police officer or has authority by law to require motorists to obey his

signal or direction to stop.

5. The use of the term "official" on a privately operated information

stand or by a sightseeing service conducted for private gain unless the

operator of such stand or service shall have been licensed or duly

authorized to operate such stand or conduct such service by the office

or state agency having jurisdiction of such park, or by the county or

city in which such operations are conducted.

Littering and dumping on park lands prohibited. 1. No person

shall throw, deposit, dump, litter or otherwise leave on lands under the

jurisdiction of the office any rubbish, trash or other waste material,

or enter upon any lands under the jurisdiction of the office with the

intent to do so, except that this provision shall not apply to the

deposit of rubbish, trash or other waste material generated as a result

of the lawful use of such lands and deposited in an approved receptacle.

2. Nothing in this section shall be construed as prohibiting the

reasonable use of ash, sand, salt or other material for the purpose of

reducing the hazard of, or providing traction on snow, ice or sleet.

3. Any person who violates the provisions of subdivision one of this

section shall be guilty of a violation, and, upon conviction, shall be

punished by a fine of not more than five hundred dollars. In addition,

such violator shall be liable to a civil penalty of not more than seven

hundred fifty dollars for each day during which such violation

continues.

4. In addition to the penalties provided in subdivision two of this

section, any person convicted of a violation of subdivision one of this

section may be ordered by the court to remove the rubbish, trash or

waste materials and to restore the land affected by the violation to its

condition prior to the violation, insofar as such restoration is

possible. Such restoration shall be conducted pursuant to a plan

approved by the commissioner and/or the court. In the event that the

violator fails to comply with the provisions of such plan, the violator

shall be liable to the state for the costs of such restoration as a

civil penalty.

5. Any civil penalty provided for by this section shall be recoverable

in an action instituted by the attorney general, at the request of the

commissioner, in any court of competent jurisdiction.

Real property abutting parks or parkways. 1. If the

acquisition of real property for park, parkway, historic preservation or

recreational purposes by the office or a state agency results in

abutting premises being cut off from access to a public road, or if

because of such acquisition it is desirable for public convenience to

provide marginal or service roads near or adjacent to such acquired

property, the office or state agency so acquiring is authorized to

acquire such additional real property as may be necessary to provide

such abutting premises with means of ingress and egress to a public road

or to provide such marginal or service roads. The location of such

additional real property and the nature and extent of the title to be

acquired therein shall be such as in the discretion of the commissioner

or state agency, as the case may be, as shall best serve the interest of

the state.

2. The office or state agency so acquiring is authorized to construct

upon such real property, out of funds appropriated, a suitable access,

service or marginal road, and is further authorized to enter into an

agreement with the owner of the abutting premises as to his right of

entry thereupon and with said owner or with any municipality as to the

future maintenance thereof, and to transfer title and jurisdiction

thereover to such municipality. Nothing herein contained shall be

construed to repeal any specific limitation upon the powers and duties

of the office or any state agency.

Regulation of boating and water sports. Except when prohibited

by the laws of the United States, the commissioner or other state agency

may, by rule or regulation, regulate water sports and the operation,

speed and mooring of boats in or upon any waters or waterways in the

reservations and parks under the jurisdiction of the office or such

state agency. Such rules and regulations shall also apply to any waters

offshore from any bathing beach within the jurisdiction of the office or

such state agency, and to any waters offshore of Jones Beach state park,

Robert Moses state park and Orient Beach state park, but not to exceed a

distance of one thousand feet from the shore line. Any regulation of the

Palisades interstate park commission, adopted hereunder, shall not be

effective until approved by the commissioner.

Closure of lands owned, held or administered by the office. 1.

Except as provided in subdivision five of this section, not less than

six months before the proposed permanent closure of a park or historic

site owned, held or administered by the office, the commissioner shall

issue a draft report that provides the justification and rationale for

such closure including, but not limited to:

(a) a full description of the real property;

(b) the purposes that the park or historic serves to the people of the

state;

(c) an analysis of the potential harm to such real property from

vandalism, lack of management and maintenance, and other impacts from

the lack of regular oversight by the office;

(d) the impact of such proposed closure on the entire real property

system owned and operated by the office; and

(e) such other factors that are particularly relevant to the real

property and its function as state land.

2. Not less than four months before the proposed permanent closure of

public access to such park or historic site, the commissioner shall

provide public notice of and conduct one or more public hearings in the

impacted area of the proposed closure. Notice of any such hearing shall

be in the environmental notice bulletin. Each public hearing shall

accept written statements in lieu of an oral presentation.

3. Upon conclusion of the public hearings on a closure, the

commissioner shall issue a final report which includes the response on

all issues raised at the hearings and information entered into the

hearing record. Such final report shall be posted on the website of the

office.

4. The commissioner shall issue and submit to the governor, the

temporary president of the senate, the speaker of the assembly, the

chair of the senate cultural affairs and tourism committee and the chair

of the assembly, parks, arts and sports development committee a findings

statement on each proposed closure that provides the justification for

such closure or, in the alternative, the information that supports the

continued operation of the real property.

5. The requirements of this section shall not apply to seasonal park

closures, temporary closures due to inclement weather or as reasonably

necessary to effectuate repairs, maintenance or capital improvements, or

temporary limits on public access for routine operational reasons, such

as public safety or other emergencies.

Fees and deposits; refunds. 1. The office or other state

agency having jurisdiction of any state park, parkway, recreational

facility or historic site may establish fees or other charges for the

use thereof, or for the furnishing of special services with respect

thereto.

2. Notwithstanding any other provision of law, the office or such

state agency may promulgate regulations requiring cash deposits from

patrons of state parks and other facilities as security to protect state

property against loss or damage, or to limit the extent or duration of

the use of facilities, or to guarantee compensation to the state for

facilities rented or engaged. Such regulations shall establish the

conditions under which such deposits shall be forfeited. Such deposits,

not paid in consideration for services rendered or facilities used,

shall not be considered as receipts and may be returned by the office or

such state agency to the depositor upon satisfaction of all provisions

for which the deposit was taken. Upon the forfeiture of any such

deposit, the deposit shall become a part of the receipts of the office

or such state agency. Moneys that have been paid for services to be

rendered or for facilities to be used may be refunded within one year

from the receipt thereof if the commissioner or state agency shall

determine that the services have not been rendered or that conditions

beyond the control of the patron will prevent his use of the facilities.

Such refund, after audit by the comptroller shall be paid from any

moneys in the custody of the office or such state agency received

pursuant to this section.

3. The fees and other charges of any nature made for the use of state

parks, other state recreational facilities and historic sites under the

jurisdiction of the office or any other state agency shall not hereafter

be decreased without the approval of the director of the budget.

4. No regulation, rule or order of the Palisades interstate park

commission which establishes a fee, charge or deposit pursuant to this

section shall be effective until approved by the commissioner.

5. (a) The office or other state agency having jurisdiction of any

state park, parkway, recreational facility or historic site may enter

into agreements with one or more financing agencies to provide for the

acceptance by such office or other state agency of credit cards as a

means of payment of fees for the use of its facilities or for the

furnishing of special services with respect thereto. Any such agreement

shall govern the terms and conditions upon which a credit card proferred

as a means of payment of such fees shall be accepted or declined and the

manner in and conditions upon which the financing agency shall pay to

the office or other state agency the amount of such fees paid by means

of a credit card pursuant to such agreement. Any such agreement may

provide for the deduction by such financing agency of any fees for the

services provided by such financing agency from fees collected by it.

The office or other state agency having jurisdiction of any state park,

recreational facility or historic site must accept cash payment from

patrons, and is prohibited from requiring that any patron utilize a

credit card as a means of payment of fees for the use of its facilities

or for the furnishing of special services at any state park,

recreational facility or historic site.

(b) For the purposes of this subdivision, the following terms shall

have the following meanings:

(1) "Credit card" shall mean any credit card, credit plate, charge

plate, courtesy card, debit card or other identification card or device

issued by a person to another person which may be used to obtain a cash

advance or a loan or credit or to purchase or lease property or services

on the credit of the person issuing the credit card or a person who has

agreed with the issuer to pay obligations arising from the use of a

credit card issued to another person.

(2) "Financing agency" shall mean any agency defined as such in

subdivision eighteen of section four hundred one of the personal

property law.

6. The office may establish a fee or fees for its processing and

review of applications for the certification of the rehabilitation of

historic buildings and the approval of rehabilitation expenditures and

related work pursuant to subsection (pp) of section six hundred six of

the tax law. All revenues from these fees shall be deposited by the

comptroller in the miscellaneous special revenue fund to be credited to

the agency's patron services account and shall be used to support the

office's historic preservation program. Nothing in this subdivision

shall be construed to limit the ability of a local landmark commission

established pursuant to section ninety-six-a or one hundred nineteen-dd

of the general municipal law or a local government certified pursuant to

section 101(c)(1) of the national historic preservation act to establish

and charge fees for its processing and review of applications for the

certification of the rehabilitation of historic buildings and the

approval of rehabilitation expenditures.

Annual vehicular access fee. 1. Notwithstanding any other

provision of law to the contrary, the office or other state agency

having jurisdiction of a state park or recreational facility shall

establish an annual vehicular access fee which shall run from April

first of each year to March thirty-first of the following year,

entitling the holder thereof to a pass for vehicular admission without

additional fee to any state park or recreational facility which has a

vehicular access fee. Such annual fee shall be consistent with the fee

schedule for each particular year established pursuant to section 13.15

of this chapter and shall be approved by the director of the budget.

2. The pass for vehicular access shall be available at regional park

headquarters and such other places as the office or such other state

agency shall designate. Holders of such pass shall receive a decal to

be placed on the side window of a vehicle for purposes of

identification. Such decal shall have the emblem of the beaver thereon.

3. Such pass for vehicular access shall not be available to the owner

or operator of an omnibus operated for a commercial purpose, unless such

omnibus is operated by or pursuant to an agreement with a public or

private nonprofit agency for the purpose of transporting persons to or

from a state park for a recreational experience.

4. If it is demonstrated that the use of the pass for vehicular access

in particular parks or recreational facilities is contrary to the public

interest, the office or such other state agency having jurisdiction, may

prohibit its use in such particular parks or recreational facilities by

rule or regulation.

5. The office or other state agency having jurisdiction shall

promulgate such rules and regulations as may be necessary to carry out

the provisions of this section.

Regional state park police. 1. All members of any police

force of a regional state park commission, as heretofore constituted,

shall, unless transferred by or pursuant to any other provision of law,

continue to be members of the park police force of their respective

regions, in the office.

2. Any member who shall complete twenty-five years of total service as

a member of the New York regional state park police on or after April

first, nineteen hundred sixty-six but who has not attained sixty-two

years of age at the time of completion of such period of service, shall

be separated from such service upon attaining such age.

3. Any member who shall attain sixty-two years of age on or after

April first, nineteen hundred sixty-six, but who has not completed

twenty-five years of such total service at the time of attaining such

age, shall be separated from such service upon completing such period of

service.

4. Any member appointed on or after April first, nineteen hundred

sixty-five shall be separated from such service upon attaining sixty-two

years of age.

5. The provisions of subdivisions two, three and four of this section

shall not apply to the commanding officer or chief of any police force

of a park region, nor to any member who has not elected and is not

required to contribute in accordance with sections three hundred

eighty-three or three hundred eighty-three-a of the retirement and

social security law.

Three-year vehicular access fee. 1. Notwithstanding any other

provision of law to the contrary, the office or other state agency

having jurisdiction of a state park or recreational facility shall

establish a three-year vehicular access fee which shall run from April

first of the year of issuance to March thirty-first of the third year

following such issuance, entitling the holder thereof to a pass for

vehicular admission without additional fee to any state park and

recreational facility which has a vehicular access fee. Such three-year

fee shall be consistent with the fee schedule established pursuant to

section 13.15 of this article and shall be approved by the director of

the budget.

2. The pass for vehicular access shall be known as the "Three-Year

Empire Passport". The pass shall be available at regional park

headquarters and such other places as the office or other state agency

shall designate. Such pass, having an emblem of the bluebird thereon,

shall be available in a form prescribed by the office.

3. Such pass for vehicular access shall not be available to the owner

or operator of an omnibus operated for a commercial purpose, unless such

omnibus is operated by or pursuant to an agreement with a public or

private nonprofit agency for the purpose of transporting persons to or

from state parks for a recreational experience.

4. If demonstrated that the use of the pass for vehicular access in

particular parks or recreational facilities is contrary to the public

interest, the office or such other state agency having jurisdiction may

prohibit its use in such particular parks or recreational facilities by

rule or regulation.

5. The office or other state agency having jurisdiction of a state

park or recreational facility shall promulgate such rules and

regulations as may be necessary to carry out the provisions of this

section.

Free use of campsites. 1. Notwithstanding the provisions of

any other law, any person who is blind, non-ambulatory, or an amputee or

any veteran or member of a Gold Star family shall be permitted to use

any of the public campsites, parks and other public places of recreation

in this state, upon the same terms and conditions as apply to the

general public, but without the payment of any fees or other charges for

the use of such campsites, parks and other public places of recreation.

2. For the purposes of this section (a) "veteran" shall mean a

resident of this state who is: (i) a veteran as such term is defined in

section one of the veterans' services law; or (ii) a person who has

served on active duty for the state as a member of the state organized

militia as defined in subdivision nine of section one of the military

law and who was discharged or released therefrom under conditions other

than dishonorable; or (iii) a person who has served on active duty in

the uniformed services of the United States or on active duty for the

state as a member of the organized militia and has a qualifying

condition, as defined in section one of the veterans' services law, and

has received a discharge other than bad conduct or dishonorable from

such service, or is a discharged LGBT veteran, as defined in section one

of the veterans' services law, and has received a discharge other than

bad conduct or dishonorable from such service; and

(b) "member of a Gold Star family" shall mean a resident of this state

who is a gold star parent as defined in section twenty-six of the

veterans' services law, the spouse or domestic partner, or the

biological, step, or legally adopted minor child of a veteran whose

death qualified the parent for an annuity.

Five-year vehicular access fee. 1. Notwithstanding any other

provision of law to the contrary, the office or other state agency

having jurisdiction of a state park or recreational facility shall

establish a five-year access fee which shall run from April first of the

year of issuance to March thirty-first of the fifth year following such

issuance, entitling the holder thereof to a pass for vehicular admission

without additional fee to any state park and recreational facility which

has an access fee. Such five-year fee shall be consistent with the fee

schedule established pursuant to section 13.15 of this article and shall

be approved by the director of the budget.

2. The pass for vehicular access shall be known as the "Five-Year

Empire Passport". The pass shall be available at regional park

headquarters and such other places as the office or such other state

agency shall designate. Such pass, having an emblem of the brook trout

thereon, shall be available in a form prescribed by the office.

3. Such pass for vehicular access shall not be available to the owner

or operator of an omnibus operated for a commercial purpose, unless such

omnibus is operated by or pursuant to an agreement with a public or

private nonprofit agency for the purpose of transporting persons to or

from state parks for a recreational experience.

4. If demonstrated that the use of the pass for vehicular access in

particular parks or recreational facilities is contrary to the public

interest, the office or such other state agency having jurisdiction may

prohibit its use in such particular parks or recreational facilities by

rule or regulation.

5. The office or other state agency having jurisdiction of a state

park or recreational facility shall promulgate such rules and

regulations as may be necessary to carry out the provisions of this

section.

Limitation on park and parkways in city of New York. The

department shall not establish or operate any park or parkway heretofore

established or operated by the city of New York, and the office shall

not acquire for its purposes any land, or establish or operate a park or

parkway thereon, dedicated or acquired or attempted to be dedicated or

acquired by the city of New York for park or parkway purposes, or

located in the Rockaway peninsula, west of Riis park and the Marine

parkway bridge, in the county of Queens.

Land and water conservation fund; state agent. 1. Office

designated as state agent. The office is hereby designated to represent

and act for the state in dealing with the federal secretary of the

interior and other appropriate federal officers, agencies and

authorities in connection with the federal land and water conservation

fund act of nineteen hundred sixty-five and acts amendatory or

supplemental thereto.

2. Powers of the office as state agent. The office, as agent of the

state as herein provided, is hereby authorized and empowered:

(a) On behalf of the state or any agency thereof, to apply to any

appropriate agency or officer of the federal government for

participation in or the receipt of federal aid pursuant to such federal

act, and to make such agreements with the federal government or any

appropriate agency or officer thereof, not inconsistent with law, as may

be necessary as a condition precedent to receiving such federal aid for

a project, provided that the office shall not make a commitment or enter

into any agreement pursuant to this paragraph until the director of the

budget certifies that sufficient funds are available for meeting the

state share, if any, of the cost of the project.

(b) On behalf of any municipality eligible under federal law or

regulation, to enter into and administer such agreements with the

federal government or any appropriate agency or officer thereof as may

be necessary as a condition precedent for receiving such federal aid for

a project, provided that such municipality give necessary assurances to

the office, in the form of a written agreement, that such municipality

has available sufficient funds to meet its share of the cost of the

project, and that the project will be operated and maintained at its

expense for the required public use.

3. Custody and payment of funds. (a) The department of taxation and

finance is hereby designated as the custodian of all federal funds

allotted to the state pursuant to such federal act, and such funds shall

be payable only on the audit and warrant of the state comptroller on the

certificate of the commissioner, or the commissioner of environmental

conservation for projects undertaken by the department of environmental

conservation, in accordance with a certificate of approval of

availability issued by the director of the budget.

(b) An agreement with a municipality pursuant to paragraph (b) of

subdivision two of this section may provide for an advance in the first

instance, when funds are appropriated and available therefor, of an

amount equal to the federal share of the cost of a local project subject

to full reimbursement being made to the state by the federal government.

Whenever the federal government shall subsequently disallow or

disapprove any portion or all of the federal aid advanced by the state,

such municipality shall reimburse the state in full for all expenditures

advanced by the state which have not theretofore been reimbursed by the

federal government. If such municipality shall fail to repay the state

within one year after notice of such disapproval or disallowance, the

state comptroller shall cause to be withheld from state assistance to

which such municipality would otherwise be entitled, an amount

sufficient to reimburse the state in full, and shall credit the same to

the capital construction fund in repayment of such advance.

(c) In the event that any appropriations are made to the office or the

department of environmental conservation from the capital construction

fund for the payment in the first instance by the state of the federal

share of the cost of a project, the state comptroller shall be

authorized to receive from the federal government an amount of money

equal to the amounts of money expended by the state from such

appropriations made for such first instance payments and to deposit the

same to the credit of the capital construction fund so that the state

shall be reimbursed for the full amount of any and all such first

instance payments from such appropriations.

4. Allocation of monies. The monies allocated to the state pursuant to

such federal act, during each federal fiscal year, shall be apportioned

by the commissioner of parks, recreation and historic preservation, with

the approval of the director of the budget, between the state and its

political subdivisions as the need may appear, provided that the

projects of the political subdivisions qualify for federal assistance

pursuant to such federal act and any rules and regulations which may be

adopted by the commissioner.

State reservation at Saratoga Springs. In addition to the

powers, functions and duties conferred upon him by other provisions of

this act, the commissioner shall, with respect to the state reservation

at Saratoga Springs:

1. Have the care, custody and control of said reservation, including

all minerals, waters and gases thereon.

2. Make reasonable provisions for the free drinking of such waters by

the public.

3. Grant leases or concessions for the use of any portion of such

property, including real property.

4. Regulate the sale of any waters or gases of the reservation.

5. Adopt and register, where appropriate, such trademarks or trade

names as may be necessary or desirable with respect to such waters or

gasses, and take such action as may be required to protect the use of

such trademarks or trade names.

6. Take such action as may be necessary or desirable to prevent the

adulteration of such waters or gases.

Hudson-Mohawk urban cultural park. The area at the confluence

of the Hudson and Mohawk Rivers encompassed in the cities of Troy,

Cohoes and Watervliet, the villages of Waterford and Green Island and

the towns of Waterford and Colonie shall be known as the Hudson-Mohawk

urban cultural park in recognition of the unique and significant urban

resources and cultural heritage encompassed by those communities. For

purposes of interpretation, conservation and enhancement of the

historic, cultural, economic, natural and architectural resources of the

Hudson-Mohawk area, the Hudson-Mohawk urban cultural park commission is

hereby designated as an appropriate entity to cooperate with the office

and other state agencies.

Lyme and tick-borne disease warning signs. Within one hundred

twenty days of the effective date of this section, the office shall

perform an assessment of state parks, including trails, to determine

where it is appropriate to install signage to warn park users of

possible Lyme and tick-borne infections. The assessment shall include,

but shall not be limited to, considerations related to the installation

of signage in areas of new or increased contact with ticks reported to

the office, and, in consultation with the state department of health, an

evaluation of any relevant data on tick-borne diseases. Such assessment

shall be updated every three years, or earlier as deemed necessary by

the office and a summary of such assessment shall, within sixty days of

completion, be posted by the office on its website. The office shall

thereafter install and maintain signs at all state-managed parks,

including, but not limited to, trail entryways and campgrounds, as

necessary based on such assessment, warning individuals that ticks may

be found in such areas and may result in Lyme disease or other

tick-borne diseases. Such office may use models already in use

throughout the state when determining the design for such signage. For

the purposes of this section, "trail" shall include footpaths, bike

ways, snowmobile trails, horse trails, cross country ski trails, roads

and other rights-of-way suitable for hiking, strolling, cycling,

horseback riding, skiing and other means of motorized and non-motorized

travel for recreational purposes and shall include combinations and

systems of trails, including connecting and side trails, and trails

leading to scenic and recreational areas located within and maintained

by the office.

Sojourner Truth commemorative marker. The office shall erect

and maintain a bronze and bluestone commemorative marker on the grounds

of the Ulster county court house in Kingston, New York honoring the

achievements and highlighting the events in the life of Sojourner Truth.

Reimbursement for expenditures necessitated by negligent,

willful or reckless conduct. In addition to any other remedy which may

exist, a person whose negligent, willful or reckless conduct results in

an expenditure by the office for the purpose of effectuating a rescue

shall be liable for the amount of such expenditure and shall reimburse

the office therefor. The attorney general may institute any proper

action, suit or proceeding to recover the amount owed to the office as

provided in this section and any such amount so recovered shall be

deposited in the state treasury to the credit of the general fund. For

purposes of this section, reckless conduct shall mean a failure to

exercise reasonable care, reasonable caution or the foresight of a

reasonably prudent and careful person, with a deliberate disregard for

the consequences of such conduct.

* § 13.31 Permits for activities near certain funeral events. 1. For

the purposes of this section:

(a) "Demonstration" shall mean a pre-planned gathering of twelve or

more persons who are invited or organized by an organizer to convene for

the purpose of a public exhibition including a procession, parade,

protest, picket, march or rally on public property concerning and in the

vicinity of a funeral event.

(b) "Funeral event" shall mean a wake, funeral, burial or memorial

service conducted within thirty days after the death of the person who

is the subject of such event.

(c) "Organizer" shall mean the person or organization that plans or

coordinates a demonstration for which a permit may be required pursuant

to this section.

2. The commissioner may promulgate regulations to require that a

permit be obtained for a demonstration that will take place in a state

park, state parkway or other state property, within one thousand feet of

a funeral event, and during or within one hour before or after such

funeral event. The existence and requirements of such lawful regulations

shall be prominently posted in a public area of the office or

headquarters of each park under the jurisdiction of the state department

of parks and recreation and shall also be posted on any website

established or available for the use of the office. Such regulations may

require:

(a) An organizer of such a demonstration to apply for a permit

concerning such demonstration provided, however, that such permit

application process shall be available for a reasonable period before

such funeral event is actually scheduled to begin.

(b) Upon filing such an application, the office shall promptly review

such application and, if the application satisfies the requirements of

this subdivision as well as any additional requirements the commissioner

may, by lawful regulation, impose, then the office shall issue to the

organizer a permit under this subdivision. In such event, the permit

shall specify, expressly and in detail, the time and place and any

lawful restrictions that may be imposed regarding such demonstration. If

such permit application is denied, the office shall issue a written

denial that specifies in detail the manner in which the application is

deficient, together with the procedure by which the organizer may obtain

timely reconsideration of such determination under this subdivision.

(c) The permit issued by the office under this subdivision may, in

accordance with applicable law, specify reasonable restrictions on the

time, place and manner of the demonstration for which the permit is

issued.

(d) The commissioner may require the organizer to pay a reasonable fee

with the permit application in order to reduce administrative and

processing costs.

3. Any person who, after proper notice and opportunity for an

adjudicatory hearing, is found to have intentionally organized and

conducted a demonstration within one thousand feet of a funeral event

without first having obtained a required permit under this section shall

be subject to a civil penalty of up to five hundred dollars for the

first such violation determined to have been committed, up to one

thousand dollars for a second such violation determined to have been

committed within three years of the first such violation, and up to two

thousand dollars for a third such violation determined to have been

committed within such three year period. The state police power and that

of its localities may be employed to provide adequate public safety and

protection at such a funeral event and the procession to or from such

funeral event.

* NB There are 2 § 13.31's

Declaration of policy. The legislature determines that the

historical, archeological, architectural and cultural heritage of the

state is among the most important environmental assets of the state and

that it should be preserved. It offers residents of the state a sense of

orientation and civic identity, is fundamental to our concern for the

quality of life, and produces numerous economic benefits to the state.

The existence of irreplaceable properties of historical, archeological,

architectural and cultural significance is threatened by the forces of

change. It is hereby declared to be the public policy and in the public

interest of this state to engage in a comprehensive program of historic

preservation to accomplish the following purposes:

1. To promote the use, reuse and conservation of such properties for

the education, inspiration, welfare, recreation, prosperity and

enrichment of the public;

2. To promote and encourage the protection, enhancement and

perpetuation of such properties, including any improvements, landmarks,

historic districts, objects and sites which have or represent elements

of historical, archeological, architectural or cultural significance;

3. To encourage and assist municipalities to undertake preservation

programs and activities;

4. To foster civic pride in the beauty and accomplishments of the past

through cooperation with municipalities and local organizations;

5. To preserve and enhance the state's attractions to tourists and

visitors.

Definitions. When used in this article, unless a different

meaning clearly appears from the context, the terms listed below shall

have the following meanings:

1. "Agency preservation officer" means the commissioner, director or

chairperson of any state department, agency, board, commission, public

benefit corporation or public authority, or his representative

identified in accordance with the provisions of subdivision two of

section 14.05 of this article.

2. "Board" means the state board for historic preservation.

3. "Chairman" means the chairman of the state board for historic

preservation.

4. "Historic preservation" means for the purposes of this article and

notwithstanding any other provision of law, the study, designation,

protection, restoration, rehabilitation and use of buildings,

structures, historic districts, areas, and sites significant in the

history, architecture, archeology or culture of this state, its

communities or the nation.

5. "Historic and/or cultural place or property" means any building,

structure, district, area, site or object including underground and

underwater sites, that is of significance in the history, architecture,

archeology or culture of the state, its communities or the nation.

6. "Historic district" means any area which: (a) has a special

character or special historical, archeological, architectural, or

cultural value; or (b) represents one or more periods or styles of

architecture typical of one or more eras; and (c) causes such area, by

reason of such factors, to constitute a distinct section.

7. "Municipality" for the purpose of this article only means any

county, city, town or village.

8. "Municipal official" means the chief executive officer of any

municipality or his or her designated representative.

9. "National register" means the national register of historic places

authorized by the National Historic Preservation Act of 1966.

10. "Registered property" means any historic place or property within

the boundaries of the state nominated by the commissioner for listing on

the national register of historic places or listed on the New York state

register of historic places established pursuant to section 14.07 of

this article.

11. "State agency" means any state department, agency, board or

commission of the state, or a public benefit corporation or public

authority at least one of whose members is appointed by the governor.

12. "State register" means the state register of historic places

established pursuant to section 14.07 of this article.

Statewide historic preservation program. 1. The commissioner

shall continue and advance a statewide historic preservation program

which shall include:

(a) Surveying and inventorying historic places and properties for

nomination to the national register and state register of historic

places; and

(b) Continuing planning activities to foster the preservation and

management of historic properties as living parts of our communities and

the effective representation of historic preservation in state

environmental planning activities; and

(c) Administering a program of grants with funds available from the

federal government and funds appropriated by the state for the purpose

of assisting local and regional preservation programs or projects

preserving historic properties for public benefit; and

(d) Assisting and encouraging local governments and private agencies

and individuals to expand and advance their historic preservation

programs and activities; and

(e) Educating the public by increasing awareness and pride in historic

and cultural resources and the opportunities for continuing use and

adaptive reuse of historic properties.

2. For the purpose of implementing and coordinating the statewide

historic preservation program established pursuant to the provisions of

this article and such other provisions of law which may be applicable,

every state agency shall have a preservation officer who as defined in

this article shall serve as liaison to the commissioner on matters

affecting historic preservation in relation to properties within their

respective jurisdictions. For the purposes of this article, the

responsibility of an agency preservation officer shall extend to all

property owned by or held on behalf of the people of the state by the

agency of which he is an officer. Each agency preservation officer may

delegate the liaison role created pursuant to this article by submitting

the name of the designee or designees, in writing, to the commissioner.

For the purpose of implementing and coordinating the statewide historic

preservation program pursuant to the provisions of this article and such

other provisions of law which may be applicable to local government

programs for the preservation, restoration and maintenance of the

historical, architectural, archeological and cultural environment, the

chief executive officer or the designee of such officer or each

municipality in the state shall serve as liaison to the commissioner on

matters affecting historic preservation in relation to properties within

such officer's respective jurisdiction.

3. The commissioner may prepare and distribute informational material

and conduct informational meetings and other sessions for agency

preservation officers and municipal officials appropriate to the

promotion of state and local preservation activities and the proper

fulfillment of their liaison role.

4. Each agency preservation officer shall and municipal officials may:

cooperate with the commissioner concerning the conduct of a

comprehensive survey of historic resources which shall be used in the

compilation of a comprehensive inventory of historic property; advise

the commissioner concerning state and local historic preservation policy

and programs, and assist the commissioner in the preparation of reports.

State register of historic places; inventory of historic

property; statewide comprehensive historic preservation plan. 1. State

register of historic places.

(a) The commissioner, in consultation with the board, shall establish

a listing of sites, districts, structures, buildings, areas or objects

above or below the surface of the earth whether on land or in the waters

of the state, together with any designated improvements thereon,

significant in the history, architecture, archeology or culture of the

state, its communities or the nation. Such listing shall constitute the

New York state register of historic places. All historic places within

the state listed on or nominated by the commissioner for inclusion on

the national register of historic places before or after this article

becomes law shall be deemed to be listed on the state register.

(b) The commissioner, with the advice of the board, shall establish

the procedures and the criteria for listing on the state register

consistent with the criteria established for listing on the national

register and for classifying whether such places are primarily of

national, state or local significance. The criteria for listing on the

national register which shall be used as a guide for listing on the

state register are as follows:

The quality of significance in American history, architecture,

archeology, and culture is present in districts, sites, buildings,

structures, and objects that possess integrity of location, design,

setting, materials, workmanship, feeling, and association, and:

A. that are associated with events that have made a significant

contribution to the broad patterns of our history; or

B. that are associated with the lives of persons significant in our

past; or

C. that embody the distinctive characteristics of a type, period, or

method of construction, or that represent the work of a master, or that

possess high artistic values, or that represent a significant and

distinguishable entity whose components may lack individual distinction;

or

D. that have yielded, or may be likely to yield, information important

in prehistory or history. Such procedures shall include opportunity for

the public to make proposals for listing on the state register, the

notification in advance of the listing to the agency preservation

officers and/or municipal official having jurisdiction over the property

and for the mailing of notification of pending action to the owner or

owners of record of the property, if privately owned, at their last

known address; provided however, that if one listing affects more than

one property owner or where the owner or owners cannot be ascertained,

the publishing of notice of pending listing in a newspaper of general

circulation in the area where the property is located shall constitute

adequate notice. Such procedures shall also provide for timely review

and consideration of listing places on the state register which the

United States Secretary of the Interior has designated as eligible for

the national register. When a proposal for listing with sufficient

supporting documentation is made by a municipal official, local historic

preservation board or commission or a member of the public, a decision

on listing the proposed property with an appropriate finding supporting

the decision shall be issued in writing by the commissioner not more

than one hundred eighty days after such proposal is received by the

commissioner.

(c) If the municipal official of any municipality with jurisdiction

over any property or the owner or owners of such property, other than

that included upon or nominated for inclusion upon the national register

of historic places prior to the effective date of this article, advises

the commissioner in writing within fifteen days of mailing or publishing

of notification that the municipality or owner questions the eligibility

of the proposed property, the commissioner shall postpone the listing

until the municipality or owner has the reasonable opportunity to

present a written statement to the commissioner and the board.

(d) The benefits and protections of this article upon any listing on

the state register shall accrue in full force and effect from the date

of its listing. Within forty-five days after the listing of any property

on the state register, the commissioner shall notify the appropriate

agency preservation officer and/or municipal official and the owner of

the property affected, if privately owned, at his last known address.

With respect to all properties deemed to be listed on the state register

because they were listed on or nominated to the national register before

this article became law, within a reasonable time after this article

becomes law, the commissioner shall notify the appropriate agency

preservation officer and/or municipal official and the owner of the

property affected, if privately owned, at his last known address. Such

notice shall include the registered properties' classification as

primarily of national, state or local significance. The commissioner

shall also cause notice of the listing to be published in a newspaper of

general circulation in the area where the property is located. Such

publication of notice shall be in lieu of the personal notice

hereinabove required in instances where one listing affects more than

one property owner and in instances where the owner or owners of the

listed property cannot be ascertained.

(e) No place may be removed from the state register unless it is

determined by the commissioner, after consultation with the board, that

the qualities that gave it significance and for which it was initially

listed no longer exist.

(f) The commissioner shall, upon request, provide information on the

places listed on the state register and on sites included in the

statewide inventory maintained by the office pursuant to the provisions

of subdivision two of this section to any person making a written

request for such information, with the exception of sites that may be

damaged by unauthorized investigators if their location be generally

publicized. Notwithstanding the provisions of any other law, information

on such archeological sites may be withheld from the public at the

discretion of the commissioner in consultation with the commissioner of

education and will be released, where appropriate, in a format approved

by such commissioners. The commissioner may establish a reasonable fee

for the preparation, duplication and mailing of requested information.

(g) The commissioner shall include in the state register all places he

determines to be of significance after consultation with the board. In

making the listing the commissioner shall indicate whether the place is

primarily of national, state or local significance.

2. Statewide inventory of historic property. (a) The commissioner,

with the assistance of the agency preservation officers of all state

departments, agencies, boards, commissions, public benefit corporations

and public authorities shall prepare and maintain an inventory of all

property owned by the state, public benefit corporations or public

authorities, which may qualify for nomination to the national register

of historic places and/or listing on the state register of historic

places. In addition, the commissioner in cooperation with municipal

officials, shall prepare and maintain an inventory of all other property

publicly and privately owned which may qualify for nomination to the

national register and listing on the state register.

(b) The commissioner shall consult with the commissioner of education

and consider information from surveys of archeological sites prepared by

such department. The commissioner of education shall cooperate with the

commissioner by continuing to expand, maintain and review the department

of education's inventory of archeological sites and provide information

thereon to the commissioner.

(c) The commissioner shall assist and encourage private organizations

and groups in undertaking surveys, studies and inventories of historic

places and cultural resources.

(d) These inventories shall constitute the statewide inventory of

historic places and shall be represented on appropriate maps of the

entire inventory. Inclusion of a historic place on the inventory shall

not by itself be deemed to be a determination by the state of such

place's significance for purposes of section 15 (a) of Public Law 89-574

as subsequently amended. The commissioner shall regularly review this

inventory and, with the advice of the board, select sites for listing on

the state register and for nomination to the national register and make

recommendations to the commissioner of the office of general services of

buildings on the inventory which have available space deemed suitable

for state use.

3. Statewide comprehensive historic preservation plan. The

commissioner, in consultation with the board, shall prepare a statewide

comprehensive historic preservation plan. This plan may include

proposals for the preservation and use of registered property. The

annual state plan submitted to the Heritage Conservation and Recreation

Service in the United States Department of Interior may substantially be

used in preparing this plan. The agency preservation officers shall

cooperate and municipal officials may cooperate with the commissioner in

the promulgation of plans and proposals in relation to historic places

within their respective jurisdictions. The commissioner shall update the

plan annually. The commissioner shall annually notify every agency

preservation officer and municipal official of the availability of the

state plan or the annual update and a copy of the annual plan or update

shall be sent to every agency preservation officer and municipal

official requesting such a plan or update.

4. From funds available from the federal government for historic

preservation purposes which may be used for reimbursement as hereinafter

provided, and funds appropriated by the state for the purpose of

assisting local and regional preservation programs including funds for

survey and planning, the commissioner may provide reimbursement to

municipalities and private organizations which undertake surveys and

studies of historic places and cultural resources, prepare local

historic preservation reports or otherwise assist the commissioner in

carrying out his historic preservation responsibilities.

State agency activities affecting historic or cultural

property; notice and comment. 1. As early in the planning process as

may be practicable and prior to the preparation or approval of the final

design or plan of any project undertaken by a state agency, or prior to

the funding of any project by a state agency or prior to an action of

approval or entitlement of any private project by a state agency, the

agency's preservation officer shall give notice, with sufficient

documentation, to and consult with the commissioner concerning the

impact of the project if it appears that any aspect of the project may

or will cause any change, beneficial or adverse, in the quality of any

historic, architectural, archeological, or cultural property that is

listed on the national register of historic places or property listed on

the state register or is determined to be eligible for listing on the

state register by the commissioner. Generally, adverse impacts occur

under conditions which include but are not limited to (a) destruction or

alteration of all or part of a property; (b) isolation or alteration of

its surrounding environment; (c) introduction of visual, audible, or

atmospheric elements that are out of character with the property or

alter its setting; or (d) neglect of property resulting in its

deterioration or destruction. Every agency shall fully explore all

feasible and prudent alternatives and give due consideration to feasible

and prudent plans which avoid or mitigate adverse impacts on such

property. In the event that the agency has filed or will file with the

department of environmental conservation, with respect to that

contemplated project, a draft environmental impact statement pursuant to

the provisions of article eight of the environmental conservation law,

it shall provide a copy thereof to the commissioner and the chairman of

the board and shall also supply such further information as the

commissioner may request. This section shall not apply to a state

project that is necessary to prevent an immediate and imminent threat to

life or property.

2. The commissioner shall undertake a review and make comment within

thirty days of receipt of notice, with sufficient documentation, of a

proposed project as to whether or not such proposed project may have an

adverse impact on any property that is listed on the national register

of historic places or on the state register or is determined to be

eligible for the state register by the commissioner. The comment shall

be put on file and shall be available to the public on request. If it is

determined that a project may have an adverse impact on such property,

the commissioner shall so notify the agency in writing. Upon receipt of

such notification from the commissioner, the agency shall immediately

contact the commissioner for the purpose of exploring alternatives which

would avoid or mitigate adverse impacts to such property consistent with

the policy and provisions of this article and other provisions of law

relating to historic preservation. To the fullest extent practicable, it

is the responsibility of every state agency, consistent with other

provisions of law, to avoid or mitigate adverse impacts to registered

property or property determined eligible for listing on the state

register by the commissioner. In order to avoid inconsistency or

duplication in review functions, the commissioner shall establish

procedures in accordance with other provisions of this section whereby

reviews conducted under this section are coordinated with the reviews of

project or plan proposals under other provisions of law and regulation.

When a project is being reviewed pursuant to section one hundred six of

the national historic preservation act of 1966, the procedures of this

section shall not apply and any review or comment by the commissioner

and the board on such project shall be within the framework or

procedures of the section one hundred six review. The commissioner shall

issue an annual report outlining state agency actions on which comment

had been requested or issued under this section. Proposed alternatives

and results of the review process shall be included in said annual

report.

Historic business preservation registry. 1. Purpose. A

registry of historic businesses in the state shall be established for

the purpose of recognizing that historic community-serving businesses

are valuable cultural assets that serve as examples of the rich and

diverse history of the communities in the state. Such registry shall

also serve as a tool for providing educational and promotional

assistance to historic businesses to encourage their continued viability

and success.

2. Establishment. The office shall establish and maintain a registry

of historic businesses in the state and maintain an online registry

which includes the name, address and a list of products and/or services

offered by each historic business that has been accepted into the

registry.

3. Eligibility. A historic business must first be nominated by an

assembly member, senator, the governor or the lieutenant governor.

Nominations are limited to ten per elected official per term. An elected

official shall not nominate a business if they, or a close family

member, including a spouse, children, siblings or parents, own or have a

major investment stake in such business.

4. Application. (a) After a business is nominated pursuant to

subdivision three of this section, such business shall submit a

completed application for final approval. Such application shall be

created by the office and shall include the following requirements:

(i) The business shall have operated in the state for fifty or more

years with no break in operations exceeding two years. The business may

have operated in more than one location, but shall have operated in the

same municipality for a minimum of fifty years.

(ii) The business has contributed to the municipality's history and/or

identity of such municipality.

(iii) The business is committed to maintaining the physical features

and traditions that define such business, including but not limited to,

craft, culinary or art forms.

(b) The office, upon receipt of a nomination and accompanying

application, shall make a determination of whether the applicant meets

the requirements necessary to be accepted into such registry. The

nominating elected official and the applicant shall be notified by the

office if such applicant is not accepted into the registry and shall

explain the reasons for the determination of ineligibility.

* § 14.12 New York state two hundred fiftieth commemoration

commission. 1. As used in this section, the following terms shall mean

and include:

(a) "Commission" means the New York state two hundred fiftieth

commemoration commission created by subdivision two of this section.

(b) "Heritage organization" means a historic site, historical society,

battlefield, historic park, history-based museum, friends groups,

library, archive, academic institute, historical anniversary

organization, historical awareness group or Native American cultural

center whose mission is to preserve and promote the history of a locale,

region, people, or the entirety of the state.

2. (a) The office shall create the New York state two hundred fiftieth

commemoration commission. From the effective date of this section until

December thirty-first, two thousand thirty-three, such commission shall

develop plans to promote and coordinate activities to commemorate the

two hundred fiftieth anniversary of the American Revolution. Such plans

may include:

(i) including heritage organizations as the focal points for the

commemoration;

(ii) coordinating forums across the state to seek ideas from the

public on the commemoration including how New Yorkers, Americans and

those from other countries may celebrate such anniversary;

(iii) coordinating activities with civic, educational and heritage

organizations to develop public interest and involvement in the planning

and development of the commemoration;

(iv) promoting and encouraging educational outreach programs using

media and technology including electronic communications to achieve

national and international impact;

(v) coordinating the planning of commemorative events for all

interested communities throughout the state;

(vi) inviting other interested states and nations to participate in

programs and events for the commemoration;

(vii) coordinating and promoting the holding of meetings, conferences,

seminars and conventions in interested communities using such

anniversary as an attraction and theme;

(viii) coordinating and promoting the holding of community engagement

and educational events in interested communities using such anniversary

as an attraction and theme;

(ix) seeking funding from private individuals, foundations and

corporations to support capital improvements, preservation and

conservation needs associated with events and sites commemorating such

anniversary;

(x) coordinating and cooperating with state entities and tourist

promotion agencies, as defined in article five-A of the economic

development law;

(xi) coordinating and cooperating with local, state and federal

entities including those relating to heritage area promotion and any

federal commission created to participate in planning and development of

such anniversary observance; and

(xii) setting goals and benchmarks for the work of the commission.

(b) The commission may coordinate and consult with the New York state

military museum and veterans research center, Saratoga national

historical park, Champlain Valley National Heritage Partnership, Erie

Canalway National Heritage Corridor, Maurice D. Hinchey Hudson River

Valley National Heritage Area, Niagara Falls National Heritage Area,

Humanities New York, Association of Public Historian of New York State,

the Preservation League of New York State, national historic landmarks,

national historic landmark stewardship organizations and any other

organizations it deems necessary in the development, planning, promotion

and coordination of activities to commemorate the two hundred fiftieth

anniversary of the American Revolution.

(c) The commission may coordinate and consult with each of the

following: the Cayuga Nation, the Oneida Indian Nation, the Onondaga

Indian Nation, the Saint Regis Mohawk Tribe, the Seneca Nation of

Indians, the Shinnecock Indian Nation, the Stockbridge-Munsee Community

Band of Mohican Indians, the Tonawanda Band of Seneca, and the Tuscarora

Nation.

(d) The commission shall consist of twenty-one voting members to be

appointed as follows:

(i) the commissioner or his or her designee;

(ii) the commissioner of the department of education or his or her

designee;

(iii) the president and chief executive officer of empire state

development or his or her designee;

(iv) the commissioner of the office of general services;

(v) the secretary of state or his or her designee;

(vi) chair of the New York state tourism advisory council or his or

her designee;

(vii) chair of the council for the arts or his or her designee;

(viii) director of the canal corporation or his or her designee;

(ix) four members shall be appointed by the governor, three members

shall be appointed by the temporary president of the senate, three

members shall be appointed by the speaker of the assembly, one member

shall be appointed by the minority leader of the senate and one member

shall be appointed by the minority leader of the assembly, to the extent

practicable, these appointments shall include a representative from each

of the ten regional economic development councils; and

(x) the New York state historian.

(d) To the extent practicable, such appointees shall have a

professional background in one or more of the following fields: local

government historian, academic historian, museum professional, social

studies teacher or professor, tourism professional, archeologist,

anthropologist, or other expertise in the field of New York state

history and/or historic preservation, or professional or volunteer

fundraising experience.

(e) The commissioner and the commissioner of the department of

education shall be co-chairpersons of the commission. Vacancies in the

membership of the commission shall be filled in the same manner provided

for original appointments.

(f) A majority of the members of the commission shall constitute a

quorum.

(g) The members of the commission shall receive no compensation for

their services but shall be allowed their actual and necessary expenses

incurred in the performance of their duties.

(h) The commission shall hold a meeting at least once each quarter.

3. The commission shall have the power:

(a) to prepare, publish and disseminate information or reports to

highlight for state agencies, local governments, and the general public

issues, problems, and opportunities relevant to the two hundred fiftieth

anniversary of the American Revolution;

(b) to assist local governments and other appropriate organizations to

plan commemorations of the two hundred fiftieth anniversary of the

American Revolution, and to do this, as far as possible, through

cooperation and through technical assistance, including planning

assistance, citizen education and participation assistance, and

assistance in preparation of grant applications to other entities;

(c) to apply for and receive funds from the federal and state

government;

(d) notwithstanding any inconsistent provision of law, to solicit and

accept gifts for the purpose of furthering the objectives of the

commission pursuant to this section;

(e) to conduct historical, economic and cultural studies;

(f) to conduct education programs;

(g) to assist individuals, corporations, heritage organizations and

other public entities on ways to protect and promote the heritage

resources of the state;

(h) to prepare an annual report on the conduct of its activities which

shall be delivered to the governor, temporary president of the senate,

and the speaker of the assembly by January first;

(i) to serve a coordinating role in utilizing the capabilities of

other organizations to carry out the duties prescribed in this section;

and

(j) to exercise and perform such other powers and duties as shall have

been or may be conferred by law.

4. (a) The commission shall develop a strategic plan, which shall

recommend plans for commemorating the state's role in the founding of

the nation and the ensuing two hundred fifty years of history.

(b) The strategic plan shall be consistent with existing management

plans for resources included in the plan.

(c) Such strategic plan may include, but shall not be limited to, a

survey or inventory of the following, together with the establishment of

management priorities thereof: (i) historic, cultural and other heritage

resources; (ii) scenic resources; and (iii) educational and recreational

resources.

(d) By December thirty-first, two thousand twenty-two, the commission

shall vote to finalize the recommendation contained in the strategic

plan. A copy of the strategic plan shall be provided to the governor,

the temporary president of the senate and the speaker of the assembly.

(e) The commission may propose amendments to the strategic plan

described in this subdivision as they are deemed to be necessary and

appropriate.

5. To effectuate the purposes of this section, the commission may

request from any department, board, bureau, commission or other agency

of the state, and the same are authorized to provide, such cooperation

and assistance, services and data as will enable the commission to

properly carry out its functions pursuant to this section.

6. In administering the provisions of this section, the commission may

make, within the limitations of appropriations available thereof, grants

to heritage organizations towards the costs of a project recommended in

the plan. The commission may submit letters of support for grant

applications submitted by an organization for projects or programs

recommended in the plan.

* NB Repealed December 31, 2033

Allocation of monies. 1. The moneys received by the state from

the sale of bonds sold pursuant to the park and recreation land

acquisition bond acts of nineteen hundred sixty and nineteen hundred

sixty-two shall be expended for the following purposes in the following

amounts, as heretofore established:

(a) For the acquisition of real property for state park purposes,

thirty million dollars ($30,000,000.00);

(b) For the acquisition of real property for other than state park or

municipal park purposes, to provide additional opportunities for outdoor

recreation, including public camping, fishing, hunting, boating, winter

sports, and, wherever possible, to also serve multiple purposes

involving the conservation and development of natural resources,

including the preservation of scenic areas, watershed protection,

forestry and reforestation, twenty million dollars ($20,000,000.00);

(c) For state aid in the amount of seventy-five percent of the cost of

acquisition of real property for parks by cities other than the city of

New York, or by improvement districts within cities other than the city

of New York, twelve million dollars ($12,000,000.00);

(d) For state aid in the amount of seventy-five percent of the cost of

acquisition of real property for parks by the city of New York, or by

improvement districts therein, seventeen million dollars

($17,000,000.00);

(e) For state aid in the amount of seventy-five per cent of the cost

of acquisition of land for parks by counties, towns and villages, or by

improvement districts therein, twenty-one million dollars

($21,000,000.00).

(f) Notwithstanding the provisions of paragraphs (c) and (e) of this

subdivision, in the case of neighborhood parks established or expanded

pursuant to paragraph (c) of subdivision three of section 15.05, such

total unencumbered on subsequent unencumbered sum as of July first,

nineteen hundred seventy-six, reserved out of the funds provided in

paragraph (c) of this subdivision shall be expended for state aid in the

amount of seventy-five percent of the cost of acquisition of real

property for neighborhood parks by any cities other than the city of New

York, counties, towns or villages, or by improvement districts therein

pursuant to paragraph (b) of subdivision two of section 15.03.

2. The unused or unobligated balance of any amount to be expended

pursuant to subdivision one of this section for a specific purpose may

be allocated by the governor, upon the recommendation of the

commissioner, to one or more other purposes set forth in such

subdivision, provided that the amount to be expended for any one purpose

shall not be reduced or increased by more than thirty per cent. Such

allocation of any unused or unobligated balance shall be evidenced by

the certificate of the governor filed with the state comptroller and the

director of the budget.

3. For the purpose of computing the grant of aid made by the state to

a municipality, the cost of acquisition shall be not more than the

amount set forth in the application for state aid made by the

municipality and approved by the commissioner pursuant to subdivision

two of section 15.03, plus any direct incidental costs approved by the

state comptroller.

Manner of acquisition. 1. Lands acquired by the state pursuant

to this article shall be acquired by the office pursuant to sections

3.17 and 3.19 or, in the sixth park region, by the department of

environmental conservation, as provided by law. The moneys appropriated

for such purposes shall be paid on the audit and warrant of the state

comptroller on the certificate of the commissioner.

2. No real property shall be acquired by a municipality pursuant to

this article unless such acquisition shall have been approved by (a) the

commissioner of environmental conservation, in the case of real property

within the sixth park region; or (b) the commissioner, on the

recommendation of the state commissioner of housing and community

renewal, in the case of neighborhood parks established pursuant to

paragraph (c) of subdivision three of section 15.05; or (c) by the

commissioner, in the case of all other acquisitions. Upon such approval,

and with the approval of the governing body thereof, a municipality may

acquire such real property with the aid funds made available by this

article for municipal park purposes, by purchase, agreement or in any

other manner provided by law for the acquisition of real property for

public purposes by such municipality. The state share of the cost of

such lands shall be paid on the audit and warrant of the state

comptroller on the certificate of the commissioner and the entire cost

may be paid in the first instance by the state as an advance subject to

subsequent reimbursement of the share of the municipality. In addition

to any other legal method of financing its share of the cost of

acquisition of such lands, a municipality may raise such share by

general tax upon all taxable real property located therein or by special

tax or assessment upon the real property benefited thereby, or partly by

such general tax and partly by such special tax or assessment, in

accordance with applicable laws relating to the payment of the cost of

real property acquired by such municipality for park use. In the event a

municipality shall fail to pay its share of the cost of acquisition of

such lands within six months of the certification to the municipality by

the state comptroller of the amount of such cost, the state comptroller

shall cause to be withheld from the state assistance funds to which such

municipality would otherwise be entitled, a sum sufficient to reimburse

the state for any amount remaining unpaid, together with interest on any

such unpaid amount at the rate of three per cent per annum from the date

of such certification. Moneys so withheld shall be credited against the

amount of principal and interest payable by such municipality for its

share of the cost of acquisition of such lands.

Standards for acquisition. 1. Lands acquired for state park

purposes pursuant to this article shall be for additions to existing

state parks or for the establishment of new state parks of substantial

acreage.

2. Lands acquired for state or municipal parks pursuant to this

article shall consist of predominately open or natural lands, including

lands under water or forested lands, in or near urban or suburban areas,

or suitable to serve the recreation needs of the expanding populations

of growing metropolitan regions, or desirable to preserve the scenery or

natural resources thereof.

3. Lands acquired by a municipality shall be:

(a) for establishing new parks of not less than fifty acres each in

area, or

(b) for expanding existing parks to not less than fifty acres each by

the addition of not less than twenty-five acres to such a park, except

that upon certification by the governing body of a city or a village

that insufficient areas of eligible land exist within said city or

village to permit the establishment or expansion of parks in accordance

with such minimum standards, the commissioner may make specific

exceptions to these minimum standards of area, provided that no new park

thus established, or existing park thus expanded shall contain less than

twenty-five acres, or

(c) for establishing or expanding existing neighborhood parks

convenient to densely-populated areas pursuant to such rules and

regulations as the state commissioner of housing and community renewal,

with the approval of the commissioner, shall prescribe.

4. Lands acquired for other than state or municipal park purposes

shall consist of lands desirable for outdoor recreation, including

public camping, fishing, hunting, boating, winter sports, and wherever

possible, to also serve multiple purposes involving the conservation and

development of natural resources, including the preservation of scenic

areas, watershed protection, forestry and reforestation.

Municipal regulations; limitations. A municipality which

acquires lands with funds made available pursuant to this article may

establish reasonable rules and regulations to insure proper

administration and development of such lands, provided that no rule or

regulation restricting the use of such lands to the residents of the

municipality shall be effective without the express approval of the

commissioner.

Restriction on alienation. Lands acquired by a municipality

with the aid of funds made available pursuant to this article shall be

retained by the municipality and shall not be disposed of or, except as

provided in Section 15.11, used for other than public park and related

purposes without the express authority of an act of the legislature.

Temporary use by former owners. 1. The commissioner, or the

governing body of a municipality with the approval of the commissioner,

may make agreements with respect to any lands acquired pursuant to this

article by the state or by such municipality, respectively, whereby such

lands may continue to be occupied and used by the former owners, their

tenants or assigns, for a period not exceeding ten years from the date

of acquisition of such lands, provided that during the period of such

occupancy, such lands shall remain on the assessment rolls of the

municipality, school districts and other districts in which they are

located and shall be subject to real estate taxes and assessments in the

same manner as privately owned lands. The right of a former owner to

occupy and use such lands shall be conditioned on the prompt payment of

the full amount of such taxes and assessments, with interest and

penalties, if any. Neither the state nor the municipality shall be

liable for real estate taxes or assessments on such lands during such a

period. A copy of any such agreement shall be filed with the county

clerk of the county in which such lands are located. Nothing herein

contained shall be construed to limit the authority of the commissioner

to accept conditional grants, bequests or devises of property under

other provisions of this chapter.

2. Notwithstanding anything contained in this article to the contrary,

the governing body of any municipality, without the approval of the

commissioner, may acquire lands pursuant to this article for the

purposes contained in this article, without the aid of funds made

available thereby, and upon such purchase may enter into an agreement

for the use of such property as outlined in this section, subject,

however, to the terms and conditions contained herein.

Acquisitions in sixth region. As used in this article, the

term commissioner shall mean the commissioner of parks, recreation and

historic preservation or, for real property in the sixth region, the

commissioner of environmental conservation.

Definitions. As used in this article, unless a different

meaning clearly applies from the context:

1. "Marine project" shall mean a project undertaken pursuant to the

provisions of the navigation law.

2. "Historic site project" shall mean a project undertaken by a

municipality or the department of environmental conservation pursuant to

any applicable provision of law or by the office pursuant to the

provisions of this chapter, in order to develop or acquire lands,

structures thereon and appurtenant objects associated therewith to

protect the scientific, historic, cultural and architectural interest

thereof and to make such lands available for public recreation.

3. "Park or forest recreation project" shall mean a project, other

than a marine or historic site project, to develop or acquire real

property for the purpose of increasing the suitability of such property

for outdoor recreation, including but not limited to site improvement,

and construction, reconstruction and improvement of structures, roads

and parking facilities and facilities for any form of public outdoor

recreation.

4. "Commissioner" shall mean the commissioner of parks, recreation and

historic preservation or, for projects in the sixth region, the

commissioner of environmental conservation.

Allocation of monies. The monies received by the state from

the sale of bonds sold pursuant to the outdoor recreation development

bond act shall be expended pursuant to appropriations for (1) marine,

(2) park, (3) historic site and (4) forest recreation projects, and for

(5) municipal park projects in New York city and (6) municipal park

projects outside New York City. The director of the budget shall certify

to the state comptroller on the first day of April of each year that

portion of the outdoor recreation development bond act authorization

estimated to be expended in the ensuing fiscal year for each of the

above purposes in fulfillment of capital construction development

appropriations, and proceeds of the sale of outdoor recreation

development bonds shall be so allocated. Such certification may be

amended from time to time by the director of the budget. The director of

the budget shall file a copy of such certificate and each amendment

thereof with the chairman of the senate finance committee, and the

chairman of the assembly ways and means committee.

Approval and execution of projects. 1. Marine projects. Marine

projects shall not be undertaken pursuant to this article until approved

by the commissioner. The monies appropriated for marine projects shall

be paid on the audit and warrant of the state comptroller on the

certificate of the commissioner.

2. Historic site projects. (a) State historic site projects, as

authorized pursuant to law, may be undertaken pursuant to the provisions

of this article.

(b) Historic site projects to be undertaken by a municipality shall be

recommended to the commissioner by the governing body of the

municipality and, when approved by the commissioner, may be undertaken

by a municipality pursuant to any applicable provision of law.

(c) The state share of the cost of a municipal historic site project

shall equal the lesser of (1) seventy-five per cent of the cost of the

project, less any federal assistance received or to be received for the

project or (2) fifty per cent of the cost of the project. For the

purpose of determining the amount of the state share, the cost of a

project shall not be more than the amount set forth in the application

for a state share made by the municipality and approved by the

commissioner pursuant to paragraph (b) of this subdivision, plus any

direct incidental costs approved by the state comptroller.

(d) The state share of the cost of a project shall be paid on the

audit and warrant of the state comptroller on the certificate of the

commissioner and, when monies are appropriated and available therefor,

the entire cost may be paid in the first instance by the state as an

advance subject to subsequent reimbursement of the share of the

municipality.

3. State park projects. State park projects shall be undertaken by the

office, pursuant to this chapter. The monies appropriated for such

projects shall be paid on the audit and warrant of the state comptroller

on the certificate of the commissioner of parks, recreation and historic

preservation.

4. Forest recreation projects. Forest recreation projects may be

undertaken by the department of environmental conservation, as

authorized by law. The monies appropriated for such projects shall be

paid on the audit and warrant of the state comptroller on the

certificate of the commissioner of environmental conservation.

5. Municipal park projects. (a) Municipal park projects shall not be

undertaken pursuant to this article until approved by the commissioner.

Projects shall be recommended to the commissioner by the governing body

of the municipality, and when approved by the commissioner may be under-

taken by a municipality pursuant to any applicable provision of law.

(b) The state share of the cost of a municipal park project shall

equal the lesser of (1) seventy-five per cent of the cost of the

project, less any federal assistance received or to be received for the

project and (2) fifty per cent of the cost of the project. For the

purpose of determining the amount of the state share, the cost of a

project shall not be more than the amount set forth in the application

for a state share made by the municipality and approved by the

commissioner pursuant to paragraph (a) of this subdivision, plus any

direct incidental costs approved by the state comptroller.

(c) The state share of the cost of a project shall be paid on the

audit and warrant of the state comptroller on the certificate of the

commissioner and, when monies are appropriated and available therefor,

the entire cost may be paid in the first instance by the state as an

advance subject to subsequent reimbursement of the share of the

municipality.

6. If the state shall advance a municipality's share of the cost of a

project, pursuant to this section, the comptroller shall certify the

amount of the share so advanced to such municipality. If the

municipality shall fail to repay such amount within six months of such

certification, the state comptroller shall cause to be withheld from

state assistance to which such municipality would otherwise be entitled,

a sum sufficient to reimburse the state for any amount remaining unpaid,

together with interest on any such unpaid amount at the rate of three

per cent per annum from the date of such certification. Monies so

withheld shall be credited against the amount of principal and interest

payable by such municipality for its share of the cost of the project.

Municipal regulations; limitations. A municipality which

acquires or develops real property with funds made available pursuant to

this article may establish reasonable rules and regulations to assure

proper administration and development of such lands, provided that no

rule or regulation restricting the use of such lands to the residents of

the municipality shall be effective without the express approval of the

commissioner.

Restriction on alienation. Real property acquired or

developed by a municipality with the aid of funds made available

pursuant to this article shall not be sold or disposed of or used for

purposes other than public park, marine, historic site or forest

recreation purposes without the express authority of an act of the

legislature.

Municipalities; federal and state aid. 1. Whenever a

municipality is applying for federal assistance for park and recreation

acquisition and development funds from the federal government, pursuant

to the open space acquisition, open space development, urban

beautification, neighborhood facilities, navigation, beach erosion

control, land and water conservation, outdoor recreation research, or

similar programs, and state or local law is not conclusive as to the

definition of "local governing body" for such purposes, such authority

to make applications shall be vested in that body of the municipality

with authority to exercise all residual powers not otherwise allocated.

2. Whenever a municipality, acting through its local governing body,

has agreed to file an application for federal or state funds for a

particular program of park or recreation land acquisition or

development, urban beautification, historic preservation, neighborhood

facilities, navigation, beach erosion control, land and water

conservation, outdoor recreation research, or similar programs, then the

municipal body or official charged with responsibility for administering

such program may, in the absence of law to the contrary, be delegated

responsibility for filing the application, and signing grant-in-aid

contracts if the application is approved.

Purpose. Certain historic sites heretofore have been

established or designated by law. Pending further developments in the

reorganization of the office, such sites are continued pursuant to the

provisions of this article, subject to the commissioner's general powers

of reorganization pursuant to section 3.07. Any historic sites hereafter

shall be established or designated by the commissioner pursuant to the

applicable provisions of this chapter.

Powers, functions and duties; commissioner. In addition to

the powers, functions and duties provided for in section 3.09, the

commissioner shall:

1. Act as the liaison officer on historic preservation matters

pursuant to the provisions of any applicable federal law or regulation.

2. Develop and maintain a statewide comprehensive survey and plan for

historic preservation.

3. Be authorized to establish and maintain a state register of

historic sites and objects.

4. Cooperate with the department of education and the New York state

freedom trail commission in the performance of their duties in

connection with the freedom trail and underground railroad.

Historic sites. The following historic sites heretofore

acquired, established, or designated by law shall be continued in the

office subject to the provisions of this article and chapter.

1. Bennington Battlefield.

2. Fort Crailo.

3. Philipse Manor Hall.

4. Sir William Johnson Mansion.

5. Schuyler Mansion.

6. Herkimer House.

7. Guy Park house and grounds.

8. Washington's headquarters.

9. John Jay homestead.

10. Senate house and senate house museum at Kingston.

11. Olana. The Olana historic site shall be transferred to and be

continued in the office.

People's history project. 1. The legislature hereby finds and

declares that the history of New York state is replete with persons,

sites, and events of both local and statewide importance that have

heretofore been overlooked by mainstream, established history. The

state's historical sites and history as it is taught in school and

popularly recorded fail to take into consideration the multitude of

peoples who have built this state, a state that has been significantly

impacted by immigrant and ethnic populations of this country and home to

the majority of social and economic movements of the last four hundred

years. It is time to recognize those from every background who have

contributed to the history of this state, and give new cause for pride

and create new role models for all people. Recognizing such historical

sites, events and persons will also contribute to tourism, especially

special niche tourism, and consequently contribute to the economic

development of the state, especially in areas that are underdeveloped

economically and disadvantaged.

2. The commissioner shall establish within the office a people's

history committee. The members of the committee shall be appointed by

the commissioner and shall be representative of academic and

professional historians, members of local historical societies and other

such groups. Such members of the committee shall reflect the diversity

of the residents of this state with regard to race, ethnicity, gender,

language, and geographic residence. The members of the committee shall

serve without compensation, but shall be allowed their actual and

necessary expenses.

3. The commissioner shall establish a process whereby the people of

the state may nominate persons, sites, and events of historical

significance each year for inclusion in the people's history project who

may be of local, regional, statewide or national significance. The

committee, in consultation with local historians, historical societies,

and other authorities, where appropriate, shall evaluate the merits of

such nominees, and may select up to ten persons, sites or events per

year for inclusion in the people's history project. In its evaluation of

the merits of nominees, such commission shall consider, including but

not limited to, the following factors: the historical impact of such

person, site or event, how such impact changed history, and the effect

that such person, site or event had on the state and whether such

person, site, or event that has been overlooked.

4. For nominees approved by the committee, suitable commemorative

markers of selected sites may be erected at the appropriate location or

locations as determined by the commissioner. The office shall maintain a

website listing the persons, sites, and events selected by the

committee, a description thereof, a map showing the locations thereof if

applicable, and any other relevant information.

Functions of education department. Upon the request of the

commissioner, the following functions relating to identification,

restoration and educational interpretation of historic sites and places

of historic interest shall be performed by the education department:

1. Preparation of interpretative literature, the texts of signs and

markers, exhibition, and other presentations designed to utilize the

educational potential of historic sites.

2. Advising the office with respect to the custody, use, cataloguing,

restoration and control of original documents and objects (such as

furniture, paintings, equipment, records, drawings, manuscripts and

maps) having unique historic significance. The office may assign to the

education department, and the education department may accept, custody

and control of any such original documents or objects.

3. Evaluation of the historic significance of historic sites, historic

site development projects and places of historic interest; and advising

the office with respect to the restoration, interpretation and use

thereof. The office shall request the evaluation of the education

department before approving the acquisition of an historic site or the

undertaking of an historic site development project.

4. Such other functions relating to the identification, restoration

and educational interpretation of historic sites as may be agreed upon

between the office and the education department.

Definitions. As used in this article:

1. "Claimant" means a person who asserts ownership or some other legal

right to undocumented property held by the office.

2. "Loan" means a deposit of property with the office not accompanied

by a transfer to the office of title to the property.

3. "Lender" means a person whose name appears on the records of the

office as the person legally entitled to, or claiming to be legally

entitled to, property held by the office or, if deceased, the legal

heirs of such person.

4. "Lender's address" means the most recent address for the lender

shown on the office's records pertaining to the property on loan, or if

the lender is deceased, the last known address of the legal heirs of

such lender.

5. "Office" means the state office of parks, recreation and historic

preservation and those facilities including historic sites as defined in

section 1.03 of this chapter which: (a) are under the jurisdiction of

the office; (b) are operated primarily for educational, cultural,

scientific, historic, or aesthetic purposes; and (c) own, borrow, care

for, exhibit, study, archive or catalogue property.

6. "Permanent loan" means a loan of property to the office for an

unspecified period.

7. "Property" means any inanimate object, document or tangible object

under the office's care which has intrinsic historic, artistic,

scientific, or cultural value.

8. "Undocumented property" means property in the possession of the

office for which the office cannot determine the owner by reference to

its records.

9. "Deaccession" means the permanent removal or disposal of an object

from the collection of the office by virtue of its sale, exchange,

donation or transfer in accordance with the provisions of section 19.29

of this article.

10. "Conservation measures" means any actions taken to preserve or

stabilize a property including, but not limited to, proper storage

support, cleaning, proper lighting, and restoration.

Notice by mail. A notice given by the office under this

article must be mailed to the lender's last known address by certified

mail, return receipt requested. Service by mail is complete if the

office receives proof that the notice was received not more than thirty

days after it was mailed.

Notice by publication. 1. Notice may be given by publication

if the office does not:

(a) know the identity of the lender; or

(b) know the address of the lender; or

(c) receive proof that the notice mailed under section 19.14 of this

article was received within thirty days of mailing.

2. Notice by publication must be given at least once a week for three

consecutive weeks in a newspaper of general circulation in:

(a) the county in which the property is held by the office; and

(b) the county of the lender's last address, if known. The date of

notice under this subdivision shall be the date of the third published

notice.

Basic notice requirements. In addition to any other

information that may be required or seem appropriate, any notice given

under this article must contain the following:

1. The name of the lender, if known.

2. The last address of the lender, if known.

3. A brief description of the property on loan.

4. The date of the loan, if known.

5. The name and address of the office.

6. The name, address, and telephone number of the person to be

contacted regarding the property.

Clarifying title to property on loan. Notwithstanding any

other provisions of law regarding abandoned or lost property the office

may, beginning five years from the date the lender last contacted the

office, clarify title to property on permanent loan or loaned for an

indeterminate period or a specified term that has expired. Proof of the

date on which the lender last contacted the office may include

previously sent registered letters or loan forms, returned envelopes,

inventories and other documentary evidence. The procedure for clarifying

title shall be as follows:

1. The office must give notice by mail to the lender that it wishes to

clarify ownership rights in the property.

2. In addition to the information described in section 19.16 of this

article, the notice shall be entitled "Notice of Termination" and must

include a statement containing substantially the following information:

"The records of the office of parks, recreation and historic

preservation indicate that you have property on loan at (name of

facility). The office is seeking to determine whether you wish (i) that

the office return the property to you, (ii) that the property remain on

loan to the office subject to annual renewal, or (iii) that the office

retain the property permanently as its owner. Please contact (name of

contact) in writing within one hundred twenty days, in order to advise

the office as to which of the above alternatives you wish to follow."

3. If, no later than one hundred twenty days following receipt

thereof, the lender does not respond to the notice of termination by

submitting a written claim to the property on loan with verifying

documentation the office shall send a second notice to the lender

containing the following information: "On (date of first notice), the

office of parks, recreation and historic preservation sent you a notice

concerning property that, according to our records, has been loaned to

the office. You have not responded to that notice, a copy of which is

enclosed, and the office will commence proceedings to acquire title to

the property if you do not contact (name of contact), in writing within

one hundred twenty days of receiving this second notice."

4. If the lender fails to respond to the second notice described in

subdivision three of this section within one hundred twenty days of

receipt, at the request of the commissioner, the attorney general may

make an application to the supreme court pursuant to article thirty of

the civil practice law and rules for a declaratory judgment to determine

the office's right to such property. In a case in which there is no

evidence that the notices previously sent by the office were received by

the lender, upon application, the supreme court shall specify the method

by which service shall be made upon the lender.

Acquiring title to undocumented property. Notwithstanding any

other provision of law regarding abandoned or lost property the office

may acquire title to undocumented property held by the office for at

least five years as follows:

1. The office must give notice by publication that it is asserting

title to the undocumented property.

2. In addition to the information described in section 19.16 of this

article, the notice shall be entitled "Notice of Intent to Acquire Title

to Property" and must include a statement containing substantially the

following information: "The records of the office of parks, recreation

and historic preservation fail to indicate the owner of record of

certain property in its possession. The office hereby asserts its intent

to acquire title to the following property: (general description of

property). If you claim ownership of this property, you must submit

written proof of ownership to the office and make arrangements to

collect the property. If you fail to do so within one hundred eighty

days, the office will commence proceedings to acquire title to the

property. If you claim an interest in the property but do not possess

written proof of such interest, you should submit your name and address

and a written statement of your claim to (name of contact), within one

hundred eighty days, in order to receive notice of any legal proceedings

concerning the property. If you wish to commence legal proceedings to

claim the property, you should consult your attorney.

3. If after one hundred eighty days following the last date of

publication of such notice no claimant has responded thereto by

submitting written proof of ownership of the property to the office, or

if there is a dispute between the office and any claimant as to

ownership of the property, at the request of the commissioner, the

attorney general may make an application to the supreme court pursuant

to article thirty of the civil practice law and rules for a declaratory

judgment to determine the office's rights in the property.

Notice to international foundation for art research. A copy

of all notices required by section 19.17 or 19.18 of this article shall

be sent, by certified mail, return receipt requested, to the

International Foundation for Art Research, or any successor foundation

or agency having similar purposes, on or before the date on which such

notices are mailed or first published pursuant to the requirements of

this article.

Property acquired from the office. Any person who purchases

or otherwise acquires property from the office acquires good title to

such property if the office has acquired title in accordance with this

article.

Stolen property. The provisions of sections 19.17 and 19.18

of this article shall not apply to any property that has been reported

as stolen to a law enforcement agency or to the Art Theft Archives of

the International Foundation for Art Research, or any successor

foundation or agency having similar purposes, no later than one year

following the theft or discovery of the theft.

Office's duty to lenders. 1. When the office accepts a loan

of property, it shall inform the lender in writing of the provisions of

this article. The office shall also give notice to all lenders of any

change in the address, status or jurisdiction of the office.

2. The office shall give a lender, at the lender's address, prompt

written notice by mail of any known injury to, or loss of, property on

loan or of the need to apply conservation measures pursuant to section

19.24 of this article. Such notice shall advise the lender of his right,

in lieu of the application of such conservation measures, to terminate

the loan and, no later than thirty days after having received such

notice, either retrieve the property or arrange for its isolation and

retrieval. The office shall not be required to publish notice of injury

or loss to any undocumented property.

Lender's duty to the office. The owner of property loaned to

the office is responsible for promptly notifying the office, in writing,

of any change of address or change in the ownership of the property.

Conservation of loaned property. 1. Unless there is a written

loan agreement to the contrary, the office may apply conservation

measures to property on loan to the office without giving formal notice

or first obtaining the lender's permission if action is required to

protect the property on loan or other property in the custody of the

office or if the property on loan is a hazard to the health and safety

of the public or the office staff, provided that:

(a) the office is unable to reach the lender at the lender's last

known address or telephone number before the time the office determines

action is necessary; or

(b) the lender either (i) does not respond to a request for permission

to apply conservation measures made pursuant to section 19.22 of this

article within three days of receiving the request or will not agree to

the conservation measures the office recommends or (ii) fails to

terminate the loan and either retrieve the property or arrange for its

isolation and retrieval within thirty days of receiving the request.

If immediate conservation measures are necessary to protect the

property or other property in the custody of the office or to protect

the health or safety of the public or the office staff, the conditions

set forth in paragraphs (a) and (b) of this subdivision shall not apply.

2. Unless provided otherwise in an agreement with the lender, if the

office applies conservation measures to property under subdivision one

of this section, and such measures were not required as a result of the

office's own action or inaction, the office shall acquire a lien on the

property in the amount of the costs incurred by the office, including,

but not limited to the cost of labor and materials, and shall not be

liable for injury to or loss of the property, provided that the office:

(a) had a reasonable belief at the time the action was taken that the

action was necessary to protect the property on loan or other property

in the custody of the office, or that the property on loan was a hazard

to the health and safety of the public or the office staff; and

(b) exercised reasonable care in the choice and application of

conservation measures.

Office recordkeeping. The office shall maintain or continue

to maintain, as the case may be and to the extent such information is

available, a record of acquisition, whether by purchase, bequest, gift,

loan or otherwise, of property for display or collection and of

deaccessioning or loan of property currently held or thereafter acquired

for display or collection; provided, however, that the records required

to be maintained pursuant to this section need not be maintained for any

field collected natural history specimen having the value of fifty

dollars or less. Any such record shall: (i) state the name, address,

and telephone number of the person from whom such property was acquired,

or to whom such property was transferred by deaccessioning or loan, and

a description of such property, its location, if known, and the terms of

the acquisition or deaccessioning or loan, including any restrictions as

to its use or further disposition, and any other material facts about

the terms and conditions of the transaction; (ii) include a copy of any

document of conveyance relating to the acquisition or deaccessioning or

loan of such property and all notices and other documents prepared or

received by the office pursuant to the requirements of this article and

sections 3.09 and 3.17 of this chapter; and (iii) be retained for a

period of at least five years following the sale or deaccessioning of

such property.

Limitations on actions against the office. Notwithstanding

the provisions of the civil practice law and rules or any other law,

except for laws governing actions to recover stolen property:

1. No action against the office for damages arising out of injury to

or loss of property loaned to the office shall be commenced more than

three years from the date the office gives the lender or claimant notice

of the injury or loss under section 19.22 of this article.

2. No action against the office to recover property shall be commenced

more than three years from the date the office gives notice of its

intent to terminate the loan under section 19.17 of this article or

notice of intent to acquire title to undocumented property under section

19.18 of this article.

Limitations on actions by the office. The procedures set

forth in sections 19.14, 19.15, 19.16, 19.17, 19.18 and 19.19 of this

article shall not be available to the office unless the office shall

have fully complied with section 19.25 of this article. In the event

that the office shall have failed to comply with such section, any

action by the office shall be governed by the period of limitations that

would have applied in the absence of this article.

Acquisition of property by gift or bequest. 1. Prior to the

acquisition of property by gift, the office shall provide the donor with

a written copy of the appropriate facility collections policy, which

shall include policies and procedures of the office relating to

deaccessioning.

2. If the office has the knowledge of a planned bequest of any

property prior to the death of the testator, the office shall provide

the testator with a written copy of the appropriate facility collections

policy, which shall include policies and procedures of the office

relating to deaccessioning.

Deaccessioning. Notwithstanding any other provision of law,

the commissioner may donate a work of art or an historic or other object

of personal property under the jurisdiction of the office to a public

corporation. The commissioner may also dispose of such property directly

pursuant to a process set forth in regulation which is consistent with

subdivision three of section one hundred sixty-seven of the state

finance law or may transfer such property with or without conditions to

the office of general services, and the office of general services shall

be authorized to accept such work of art or such object and dispose of

such property in accordance with the provisions of section one hundred

sixty-seven of the state finance law, or at a private sale. Such work of

art or object shall only be donated, transferred or sold pursuant to

this section provided that:

1. The commissioner determines such work of art or object to be

surplus to the needs of the office or the public.

2. The work of art or object to be disposed of is first documented,

recorded and offered to the New York state museum for use in its

collections, and if not accepted within thirty days of such offer, it

shall be offered for transfer to state agencies having a legislative

mandate to acquire, exhibit, preserve and interpret works of art and

historic objects. Proceeds derived from the deaccessioning of any

property from the collections of the office shall be deposited into the

state park infrastructure fund established pursuant to section

ninety-seven-mm of the state finance law and shall be used only for the

acquisition of collections and/or for the preservation, protection and

care of the collections, including capital projects relating thereto.

Purpose. With the loss of natural areas through development,

there is a critical need for the creation of a new designation of park

land containing wildlife, flora, scenic, historical and archeological

sites that are unique and rare in New York state. The commissioner may

designate a system of park preserves to assure the protection of this

heritage for future generations.

Furthermore, there is a need to create an additional park designation,

to be known as park preservation areas, to identify and conserve

portions of state parks, parkways, historic sites and recreational

facilities that, although the entire facility does not qualify as a park

preserve, nonetheless possess outstanding ecological values, including

assemblages of flora and fauna that are unique or rare in the state. The

commissioner may designate a system of park preservation areas to

protect outstanding ecological values within facilities under the

jurisdiction of the office that have not been designated park preserves.

For administrative purposes, designated park preservation areas shall be

considered a part of the park preserve system.

Powers, functions and duties; commissioner. In addition to

the powers, functions and duties provided for in section 3.09, the

commissioner shall:

1. Conduct scientific and environmental studies to determine the

selection of state parks, parkways, historic sites or recreational

facilities that shall be designated park preserves as well as portions

of parks that shall be designated park preservation areas.

2. Maintain the integrity of park land, flora, fauna, and scenic

vistas; restore and maintain historical and archeological sites; and

provide for the management of all unique, rare, threatened or endangered

species of flora and fauna within designated park preserves and park

preservation areas.

3. Provide personnel trained in the natural sciences, including but

not limited to biology, botany, ecology, entomology, geology, and

zoology, to staff such park preserves and park preservation areas and

provide for the management of their educational and scientific

utilization.

4. a. Construct necessary facilities including offices, roads, paths,

environmental centers and parking areas, on no more than fifteen percent

of the land area of each such state park, parkway, historic site or

recreational facility that has been designated a park preserve.

b. Maintain portions of facilities that have been designated park

preservation areas in their undeveloped state, limiting development

within such areas to appropriate passive recreational facilities.

5. Establish environmental education classes to be conducted by

naturalists for the public in cooperation with other governmental

agencies.

6. Develop a written stewardship plan for each designated park

preserve and park preservation area. Such plan shall include a

description of stewardship activities required to monitor, protect and

enhance the fauna, flora, scenic, historical, archeological and other

resources that merited designation of the park preserve or park

preservation area. Such plan shall also provide for passive recreational

uses such as horseback riding, fishing, hiking, nature study, and

photography provided that such uses are compatible with the long-term

protection of the ecological and historical resources that merited

designation of the park preserve or park preservation area.

7. To insure that the types and intensity of use of such park preserve

lands is commensurate with the goal of maintaining their ecological

viability and balance, establish an admission control system by permit

on either a group or individual and non-discriminatory basis pursuant to

rules and regulations promulgated by the commissioner.

8. Prepare an environmental impact statement and conduct public

hearings pursuant to article eight of the environmental conservation law

prior to acting on any proposal to remove park preserve or park

preservation area designation from any state park, parkway, historic

site or recreational facility designated hereto.

9. Promulgate rules and regulations to effectively carry out the

purposes of this article.

Cooperation of other agencies. To effectuate the purposes of

this article, the commissioner may request from any department, board,

bureau, commission or other agency of the state, and the same are

authorized and directed to provide, such cooperation and assistance,

services and data as will enable the council properly to carry out its

powers and duties thereunder.

Legislative findings and purpose. The legislature hereby

finds that it is in the public interest to register snowmobiles as

recreational vehicles for the purpose of enforcement of reasonable

provisions concerning their use and control; to encourage the sport of

snowmobiling as a family activity; to promote the proper and safe use

and operation of snowmobiles; to provide an adequate safety educational

program for youthful operators; to limit the operation of snowmobiles

upon public highways and private property without the consent of the

owner; to protect and preserve the state's natural resources, including

its wildlife, wild forests, waters and scenic and wilderness character;

to reduce the effect on the environment of excess noise; to insure

privacy of remote areas; and to afford opportunity for compatible

enjoyment of various recreational activities on the state's lands and

open spaces. It is the purpose of this title to promote the safe and

proper use of snowmobiles for recreation and commerce in this state by

encouraging their use and development and minimizing detrimental effects

of such use upon the environment.

Snowmobile trail maintenance entities. Snowmobile trail

maintenance entities play an important role in the trail system. As

general guidelines, to further promote the proper and safe operation of

snowmobiles and the other purposes as set forth in section 21.01 of this

article, snowmobile trail maintenance entities should strive to:

1. clearly mark and delineate state designated snowmobile trails for

which they are responsible;

2. encourage riders to participate in available snowmobile educational

programs to make riders aware of the inherent risks associated with the

sport;

3. equip trail maintenance vehicles that they operate with such

warning implements or devices as specified by law;

4. hold training sessions each season, for operators of trail

maintenance equipment concerning the proper operation of such vehicles;

5. provide education for all other personnel charged with trail

maintenance, inspection or patrol duties as to methods to be used for

summoning aid in emergencies; and

6. maintain for public use trail area information showing the

following: (a) the location of state designated trails; and (b) the

status of each trail as open or closed. Nothing in this section shall

create a legal duty or obligation beyond that which may already exist.

Jurisdiction of office. The control and supervision of the

use of snowmobiles shall be under the jurisdiction of the office.

Definitions. As used in this article, unless the context

requires otherwise:

1. "Governmental agency" shall mean any agency of the state of New

York and all municipalities within the state.

2. "Executive officer" shall mean:

(a) In the case of a county, the county executive unless there is

none, in which case it shall mean the county manager if there is one, or

the chairman of the county legislative body if there is neither a county

executive nor county manager.

(b) In the case of cities, the mayor, except in those cities having a

city manager it shall mean such city manager.

(c) In the case of towns, the supervisor or presiding supervisor.

(d) In the case of villages, the mayor, except in those villages

having a president or manager it shall mean such president or manager.

3. "Snowmobile" shall mean a self-propelled vehicle equipped with a

motor, originally manufactured and designed for travel on snow or ice,

steered by skis or runners and supported in whole or in part by one or

more skis, belts or tracked cleats.

4. "Owner" shall mean any person having title to a snowmobile. If a

snowmobile is sold under a contract of conditional sale whereby the

title remains in the vendor, such vendor or his assignee shall not,

after delivery of such snowmobile, be deemed an owner within the

provisions of this section, but the vendee or his assignee, upon receipt

of possession thereof, shall be deemed such owner notwithstanding the

terms of such contract, until the vendor or his assignee shall retake

possession. A person holding only a security interest in a snowmobile

shall not be deemed an owner unless such person also has possession of

such snowmobile.

5. "Operate" shall mean to ride in or on, other than as a passenger,

or use or control the operation of a snowmobile in any manner, whether

or not said snowmobile is under way.

6. "Operator" shall mean every person who operates or is in actual

physical control of a snowmobile.

7. "Register" shall mean the act of assigning a registration number to

a snowmobile.

8. "Roadway" shall mean that portion of a highway improved, designed,

or ordinarily used for vehicular travel, exclusive of the shoulder.

9. "Highway" shall mean the entire width between the boundary lines of

any way or place when any part thereof is open to the use of the public,

as a matter of right, for the purpose of vehicular traffic.

10. "Shoulder" shall mean that portion of a highway which lies outside

the paved or unpaved roadway immediately adjacent to the portion of the

roadway which may be used by motor vehicles.

11. "Bank" shall mean a mound, pile or ridge of snow on the edge of a

highway accumulated from natural snowfall or by snowplowing operations.

12. "Inside bank" shall mean the portion of a snowbank immediately

adjacent to the shoulder of the roadway.

13. "Outside bank" shall mean the portion of a snowbank outside the

crest thereof and farthest removed from the roadway.

14. "Cowling" shall mean the forward portion of the snowmobile usually

surrounding the motor and clutch assembly.

15. "Dealer" shall mean a person engaged in the business of selling

snowmobiles at wholesale or retail.

16. "Special event" shall mean an organized rally, race, exhibition or

demonstration of limited duration which is conducted according to a

prearranged schedule and in which general public interest is manifested.

17. "Snowmobile operator's certificate" shall mean a certificate

issued by the commissioner evidencing that the holder thereof has

successfully completed an approved course of instruction in snowmobile

operation and safety as hereinafter provided.

18. "Authorized ambulance snowmobile" shall mean a snowmobile

designated as such in writing and filed with the commissioner by the

chief executive officer of any duly organized volunteer ambulance

company, fire department, or paid fire department, operated by a member

thereof and equipped with emergency lights as provided in subdivision

four of section 25.17 of this chapter.

19. "Authorized police snowmobile" shall mean a snowmobile operated by

a police or other peace officer while engaged in the performance of his

official duties within the area of his territorial jurisdiction and

equipped with emergency lights as provided in subdivision four of

section 25.17 of this chapter.

20. "Authorized civil defense snowmobile" shall mean a snowmobile

designated as such in writing and filed with the commissioner by the

chief executive officer of a municipality and operated by a member of a

civil defense organization of the municipality and equipped with

emergency lights as provided in subdivision four of section 25.17 of

this chapter.

21. "Operation as emergency vehicle." The operation or parking of an

authorized ambulance, police or civil defense snowmobile, including

attendant equipment, displaying one or more lighted, red or combination

red or white lights which is revolving, rotating, flashing, oscillating

or constantly moving light and which snowmobile is engaged in

transporting a sick or injured person, pursuing an actual or suspected

violator of the law or responding to, or working or assisting at the

scene of an accident, disaster, police call, alarm or other emergency

but shall not include returning from such service.

Fee for snowmobile trail development and maintenance. 1. A fee

of one hundred twenty-five dollars is hereby imposed upon the resident,

and one hundred twenty-five dollars upon the nonresident, owner of a

snowmobile for the snowmobile trail development and maintenance fund to

be paid to the commissioner of motor vehicles upon the registration

thereof in addition to the registration fee required by the vehicle and

traffic law, the payment of which fee hereby imposed shall be a

condition precedent to such individual resident, individual nonresident

or dealer registration.

* 2. Notwithstanding the fee as established in subdivision one of this

section, an individual resident or nonresident registering a snowmobile

who provides proof at the time of registration, that such individual is

a member of an organized New York state snowmobile club that is a member

of the New York state snowmobile association or is a member of an

organized New York state snowmobile club that is a trail maintenance

entity and a member of the New York state snowmobile association, shall

pay fifty-five dollars for each snowmobile for the snowmobile trail

development and maintenance fund in addition to the registration

required by the vehicle and traffic law. In the event that an individual

seeking snowmobile club membership is unable, for any reason, to secure

such club membership, he or she may contact the New York state

snowmobile association, who shall secure such membership for such

person.

* NB Effective until December 31, 2028

* 2. (a) Notwithstanding the fee as established in subdivision one of

this section, an individual resident or nonresident registering a

snowmobile who provides proof at the time of registration, that such

individual is a member of an organized New York state snowmobile club

that is a member of the New York state snowmobile association or is a

member of an organized New York state snowmobile club that is a trail

maintenance entity and a member of the New York state snowmobile

association, shall pay fifty-five dollars for each snowmobile for the

snowmobile trail development and maintenance fund in addition to the

registration required by the vehicle and traffic law. In the event that

an individual seeking snowmobile club membership is unable, for any

reason, to secure such club membership, such person may contact the New

York state snowmobile association, who shall secure such membership for

such person.

(b) Notwithstanding the fee as established in subdivision one of this

section and paragraph (a) of this subdivision, a fee of one hundred

twenty-five dollars is hereby imposed upon the resident, and one hundred

twenty-five dollars upon the nonresident, owner of a snowmobile

manufactured more than thirty years prior to the current calendar year

for the snowmobile trail development and maintenance fund to be paid to

the commissioner of motor vehicles upon the registration thereof in

addition to the registration fee required by the vehicle and traffic

law, the payment of which fee hereby imposed shall be a condition

precedent to such individual resident or individual nonresident

registration. Provided, however, an individual resident or nonresident

registering a snowmobile manufactured more than thirty years prior to

the current calendar year who provides proof, at the time of

registration, that such individual is a member of an organized New York

state snowmobile club that is a member of the New York state snowmobile

association or is a member of an organized New York state snowmobile

club that is a trail maintenance entity and a member of the New York

state snowmobile association, shall pay twenty dollars for each such

snowmobile for the snowmobile trail development and maintenance fund in

addition to the registration required by the vehicle and traffic law. In

the event that an individual seeking snowmobile club membership is

unable, for any reason, to secure such club membership, they may contact

the New York state snowmobile association, who shall secure such

membership for such person.

* NB Effective December 31, 2028

Rules and regulations. With a view of achieving maximum use

of snowmobiles and minimizing the detrimental effect thereof upon the

environment, the commissioner shall adopt rules and regulations relating

to and including, but not limited to the following:

1. Use of snowmobiles insofar as fish and wildlife resources are

affected.

2. Use of snowmobiles on public lands and waters under the

jurisdiction of the office.

3. Uniform signs or markers to be used by governmental agencies which

are necessary or desirable to control, direct, or regulate the operation

and use of snowmobiles. Such signs as may be designated for use on

highways shall also be approved by the commissioner of transportation.

4. Specifications relating to equipment required for safety as

provided in section 25.17.

5. Requirements for the protection of private property or interests

therein occasioned by the use of snowmobiles.

6. Establishment of a comprehensive snowmobile information and safety

education and training program, including provision for issuance of

snowmobile safety certificates for operation of snowmobiles by youthful

operators.

7. Granting of permits for and the conduct of special events as

provided in section 25.11.

8. Administration and enforcement of the provisions of section 25.13,

relating to insurance.

9. Such other matters as may be necessary or desirable to provide for

the effective administration and enforcement of the provisions of this

title.

Operation of snowmobiles; general. It shall be unlawful for

any person to drive or operate any snowmobile in the following unsafe or

harassing ways:

1. Imprudent speed. At a rate of speed greater than reasonable or

proper under the surrounding circumstances provided, however, that in no

case shall a snowmobile be operated at a speed in excess of fifty-five

miles per hour upon public trails or lands, unless (a) participating in

a special event authorized by the commissioner pursuant to section 25.11

of this article or (b) engaged in operation as an emergency vehicle as

defined in subdivision twenty-one of section 21.05 of this title.

2. Reckless operation. In a careless, reckless or negligent manner so

as to unreasonably endanger the person or property of another or to

cause injury or damage thereto.

3. Intoxication and drugs. While in an intoxicated condition or under

the influence of narcotics or drugs as defined by section one hundred

fourteen-a of the vehicle and traffic law.

4. Lights. (a) Between sunset and sunrise or when lights are required

for safety without displaying at least one lighted head light and tail

light.

(b) Operating other than as an emergency vehicle and displaying one or

more lighted red or combination red or white lights which is revolving,

rotating, flashing, oscillating or constantly moving light.

5. Railroad tracks. On the tracks of an operating railroad.

6. Plantings. In any tree nursery or planting in a manner which

damages or destroys growing stock, or creates a substantial risk

thereto.

7. On lands of another. On private property, except for operation as

emergency vehicle, without the consent of the owner or lessee thereof.

Any person operating a snowmobile upon lands of another in violation of

this section shall stop and identify himself or herself upon the request

of the landowner, the landowner's duly authorized representative or

lessee, and, if requested to do so by said landowner, representative or

lessee shall promptly remove said snowmobile from the premises.

8. Snowmobiles towing a sleigh, sled or toboggan. The towing of a

sleigh, sled or toboggan, unless attached by a rigid support, connection

or towbar.

9. Failure to stop and yield. In any place at any time failing to stop

and yield to an authorized ambulance, civil defense, or police

snowmobile or police vehicle being operated as an emergency vehicle and

approaching from any direction.

9-a. Failing to yield to trail grooming equipment. Failure by the

operator of a snowmobile upon any snowmobile trail to yield the right of

way to the operator of trail grooming equipment upon such trail, whether

such snowmobile operator is approaching or overtaking.

10. Failure and refusal to comply. In any place at any time failure or

refusal to comply with any lawful order or direction of any police

officer or other person duly empowered to enforce all laws of the state

relating to snowmobiles.

Designation of certain trails. The commissioner shall

designate snowmobile trails which proceed along a New York state border

and which, occasionally as dictated by terrain, cross into another

state, in which such snowmobile is registered and shall publish such

trail designation in the New York state register and other publications

accessible to the snowmobiling public and shall make such designation

available to law enforcement departments which have jurisdiction over

such trails to enable the department, such law enforcement departments

and the snowmobiling public to identify which trails in the state may be

used by a nonresident without requiring a registration of their

snowmobile in accordance with subdivision twelve of section twenty-two

hundred twenty-two of the vehicle and traffic law.

Operation on highways. It shall be unlawful for any person to

drive or operate any snowmobile on a highway other than as follows:

1. Operation on thruway, interstate highways and controlled access

state highways prohibited. Except in a snow emergency as so declared

under the provisions of subdivision two of this section, snowmobiles

shall not be operated on the state thruway or interstate and controlled

access state highways.

1-a. Notwithstanding the provisions of subdivision one of this

section, the commissioner, with the concurrence of the commissioner of

transportation, may designate for temporary snowmobile use a trail or

portion of a trail listed in this subdivision within the right of way of

a state route. The commissioner's designation shall include conditions,

developed in consultation with the commissioner of transportation, on

the use of such trail by snowmobiles to provide for the safe use of such

route and the safe operation of snowmobiles on the trail. Designations

made under this subdivision shall be effective for no longer than a

period of one year and may be renewed with the concurrence of the

commissioner of transportation. The following trails or portions thereof

may be temporarily designated for snowmobile use pursuant to this

subdivision:

(a) state route one hundred four between the western county line of

Wayne county and the northern town line of the town of Hannibal in

Oswego county; and

(b) state route three hundred seventy-four from the vicinity of route

marker 374-7102-1331 at the intersection of state route three hundred

seventy-four and state route twenty-two to the vicinity of route marker

374-7102-1250 in Cadyville near the intersection of state route three

hundred seventy-four and state route three.

1-b. Notwithstanding the provisions of subdivision one of this

section, the commissioner, with the concurrence of the commissioner of

transportation, may designate for snowmobile use a trail within the

right-of-way of state route three between state route one hundred four

in the town of Hannibal and county route three in the town of Granby in

Oswego county. The commissioner's designation shall include conditions,

developed in consultation with the commissioner of transportation, on

the use of such trail by snowmobiles to provide for the safe use of

state route three and the safe operation of snowmobiles on the trail.

Designations made under this subdivision shall be effective for no

longer than a period of one year and may be renewed with the concurrence

of the commissioner of transportation.

1-c. Notwithstanding the provisions of subdivision one of this

section, the commissioner, with the concurrence of the commissioner of

transportation, may designate for snowmobile use a trail within the

right-of-way of state route eight in the town of Deerfield in Oneida

county between mile marker/area locations route marker 8-2607-3237 and

route marker 8-2607-3260. The commissioner's designation shall include

conditions, developed in consultation with the commissioner of

transportation, on the use of such trail by snowmobiles to provide for

the safe use of state route eight and the safe operation of snowmobiles

on the trail. Designations made under this subdivision shall be

effective for no longer than a period of one year and may be renewed

with the concurrence of the commissioner of transportation.

1-d. Notwithstanding the provisions of subdivision one of this

section, the commissioner, with the concurrence of the commissioner of

transportation, may designate for snowmobile use a trail within the

right-of-way of state route twelve in the town of Boonville in Oneida

county between reference marker 12-2604-3212 and 12-2604-3213 and a

trail within the right-of-way of state route twenty-eight in the town of

Boonville in Oneida county between reference marker 28-2607-1142 and

28-2607-1143. The commissioner's designation shall include conditions,

developed in consultation with the commissioner of transportation, on

the use of such trails by snowmobiles to provide for the safe use of

state route twelve and state route twenty-eight and the safe operation

of snowmobiles on the trails. Designations made under this subdivision

shall be effective for no longer than a period of one year and may be

renewed with the concurrence of the commissioner of transportation.

1-e. Notwithstanding the provisions of subdivision one of this

section, the commissioner, with the concurrence of the commissioner of

transportation, may designate for snowmobile use a trail within the

right-of-way of state route two hundred nineteen in the town of Concord

in Erie county between reference marker 219-5314-1121 and 219-5314-1127.

The commissioner's designation shall include conditions, developed in

consultation with the commissioner of transportation, on the use of such

trail by snowmobiles to provide for the safe use of state route two

hundred nineteen and the safe operation of snowmobiles on the trail.

Designations made under this subdivision shall be effective for no

longer than a period of one year and may be renewed with the concurrence

of the commissioner of transportation.

1-f. Notwithstanding the provisions of subdivision one of this

section, the commissioner, with the concurrence of the commissioner of

transportation, may designate for snowmobile use a trail within the

right-of-way of state route nine hundred fifty-four-h in the village of

Bemus Point in Chautauqua county between reference marker 17-5201-1282

and 17-5201-1286. The commissioner's designation shall include

conditions, developed in consultation with the commissioner of

transportation, on the use of such trail by snowmobiles to provide for

the safe use of state route nine hundred fifty-four-h and the safe

operation of snowmobiles on the trail. Designations made under this

subdivision shall be effective for no longer than a period of one year

and may be renewed with the concurrence of the commissioner of

transportation.

2. Emergencies. (a) In an emergency, for the purpose of emergency

travel only, during the period of time when and at locations where snow

upon the highways renders travel by motor vehicles impractical, as so

declared and permitted in the case of the state thruway by the thruway

authority, in the case of other state highways by the state agency or

authority having jurisdiction to regulate traffic thereon, and in the

case of other highways by the chief executive officer of the

municipality having jurisdiction over such highways.

(b) A snowmobile may also be operated on a highway otherwise closed to

snowmobile travel in emergency situations when the specific travel for a

specific purpose is authorized or directed by a peace or police officer,

or a highway superintendent or executive officer of a county, town, city

or village.

3. Highway crossings. On highways other than the thruway, interstate

highways and controlled access highways, snowmobiles may take a direct

crossing at any time of the day provided:

(a) The crossing is made at an angle of approximately ninety degrees

to the direction of the highway and at a place where no obstruction

prevents a quick and safe crossing; and

(b) The snowmobile is brought to a complete stop before crossing the

shoulder or main traveled way of the highway; and

(c) The driver yields the right of way to all oncoming traffic which

constitutes an immediate hazard; and

4. Culverts and bridges. Snowmobiles may be operated on highways other

than the thruway, interstate and controlled access highways, when

necessary to cross a bridge or culvert.

5. Unplowed highways. Snowmobiles may be operated on county, town,

city or village highways, or portions thereof, during the periods when

and at locations where the highway is customarily unplowed and unused

during the winter months for vehicle travel. The governing body of a

county, town, city or village shall designate those highways or portions

thereof which are so customarily unplowed.

6. Outside banks. On highways other than the thruway, interstate and

controlled access highways, snowmobiles may be operated on the outside

banks.

7. Highways designated by governmental agencies. Snowmobiles may be

operated on the following portions of highways, other than the thruway,

interstate highways or controlled access state highways, which have been

designated and posted as provided in section 25.09.

(a) Shoulders and inside banks. On the shoulders and inside banks of

such highways or portions thereof so designated;

(b) Roadways. On roadways of such highways or portions thereof in case

the outside banks or shoulders are determined by the governmental agency

to be impassable or non-existent by reason of prevailing snow conditions

or conditions of terrain;

(c) Access areas. On such highways, for a distance of not to exceed

five hundred yards when in the determination of the governmental agency

concerned it is otherwise impossible for snowmobiles to gain access to

areas or trails adjacent to the highway, for the purpose only of gaining

access to and from the areas of operation.

8. Limitation on highway operation. (a) No person shall so operate a

snowmobile on any highway, when otherwise permitted, between sunset and

sunrise except on the right side of such right of way and in the same

direction as the highway traffic or the nearest lane of the roadway

adjacent thereto.

(b) When operation on a roadway is permitted by any provision of this

article, snowmobiles shall travel in single file, shall not ride tandem

or abreast each other except in overtaking another snowmobile, and shall

travel on the right side of the road in the same direction as the flow

of vehicular traffic.

(c) No person shall operate a snowmobile on or across a highway while

pulling a person on skis or drawing or towing a sleigh, sled or toboggan

which carries or transports any person. No person on skis shall be

pulled by, and no person shall ride on or in a sleigh, sled or toboggan

which is being towed or trailed by a snowmobile on a highway.

(d) No person shall operate a snowmobile on the frozen surface of

public waters within one hundred feet of a person, including but not

limited to a skater, not in or upon a snowmobile or within one hundred

feet of a fishing shanty or shelter except at the minimum speed required

to maintain forward movement of the snowmobile or on an area which has

been cleared of snow for skating purposes unless the area is necessary

for access to the public water.

(e) No person shall operate a snowmobile within one hundred feet of a

dwelling between twelve o'clock midnight and six o'clock a.m., at a

speed greater than minimum required to maintain forward movement of the

snowmobile.

9. Emergency vehicle. The provisions of this section shall not apply

to operation as emergency vehicle.

Operation on other public lands. In addition to the

permissible use of highways specified in subdivision seven of section

25.05, a county, town, city or village governing body, may by ordinance

or local law, adopted pursuant to the provisions of section 25.09,

permit the operation of snowmobiles on lands, waters and property other

than highways, or portions thereof, of or owned by such municipality.

The provisions of this section shall not apply to operation as emergency

vehicle.

Operation on highways and public lands; authorization by

governmental agencies. 1. Highways. (a) Highways or portions thereof

upon which snowmobile travel is permitted, when designated by a

governmental agency as provided in section 25.05, shall be so

designated, in the case of state highways by the state agency or

authority having jurisdiction to regulate traffic thereon, in the case

of county highways within a town outside of a city or village by the

town governing body, in the case of county highways within a city or

village by the city or village governing body, and in the case of city,

town or village highways, by the city, town or village governing body,

respectively. No county highway shall be designated without the prior

written approval of the county superintendent of highways or

commissioner of public works, as the case may be. Such designations

shall be by regulation or order, if by a state agency or authority and

by local law or ordinance, if by a governing body.

(b) Such designated highways or portions thereof shall be identified

by markers in such manner as may be provided by rules and regulations of

the commissioner.

(c) All signs or markers shall be in conformity with the manual of

uniform traffic control devices, and shall be erected at the expense of

the state or municipality, provided however, that the municipality may

accept funds or contributions therefor from private persons, clubs or

associations interested in the promotion of snowmobiling.

(d) Any regulation, order, local law or ordinance which designates a

highway or portion thereof which may be used for snowmobile operation

may include rules and impose restrictions and conditions, not

inconsistent with the provisions of this article, for the regulation and

safe operation of snowmobiles on the highways so designated. Such

regulation or order of the commissioner of transportation or local law

or ordinance of a municipality may establish the minimum age of the

operator and other reasonable requirements for operation on such

highways, but may not require the operator of the snowmobile to possess

a motor vehicle license and may not impose a fee for the use of such

highways.

2. Property other than highways. In designating public lands, waters

and properties other than highways which may be used for snowmobile

operations, a governmental agency, other than a municipality, by

regulation or order, and a municipality, by ordinance or local law, may

impose restrictions and conditions, not inconsistent with the provisions

of this article, for the regulation and safe operation of snowmobiles on

such public property, such as travel on designated trails, proof of

liability insurance coverage for the snowmobile, minimum age of the

operator, hours of operation, and other reasonable requirements, but may

not require the operator of the snowmobile to possess a motor vehicle

operator's license or impose a fee for the use of such public lands or

waters or access thereto, except the usual charge, if any, for the

admission to such property, parking privileges or services provided.

3. Copies of all regulations, orders, local laws or ordinances adopted

by such governmental agencies shall be filed with the office.

4. The provisions of this section shall not apply to operation as

emergency vehicle.

Special events. 1. The commissioner may authorize the holding

of special events as defined in section 21.05. He shall adopt and may,

from time to time, amend rules and regulations determining the special

events which shall be subject to permit and designating the equipment

and facilities necessary for safe operation of snowmobiles and for the

safety of operations, participants, and observers in such special

events. Whenever a special event is proposed to be held, the person in

charge thereof shall, at least fifteen days prior thereto, file an

application with the commissioner to hold such special event. The

application shall set forth the date and location of the proposed

special event and such other information as the commissioner may

require, and such event shall not be conducted without written

authorization from the commissioner. Copies of such regulations shall be

furnished by the commissioner to any person making an application

therefor.

2. Snowmobiles operated at special events approved by the commissioner

pursuant to subdivision one shall be exempt from the provisions of this

article concerning mufflers and lights during the time of such

operation, including all pre-race practice at the location of said meet

and the provisions of article forty-seven of the vehicle and traffic law

concerning registration.

Liability insurance. 1. A snowmobile which shall be operated

on the roadway or shoulder of a highway or on property which is owned,

leased or held in easement by a person other than the owner or operator

of the snowmobile, shall be covered by a policy of insurance, in such

language and form as shall be determined and established by the

superintendent of financial services, issued by an insurance carrier

authorized to do business in this state. Such policy shall provide

coverage for any one person sustaining bodily injuries or the death of

one person in any one accident in the amount of at least ten thousand

dollars, and, subject to said limit of one person, in the amount of at

least twenty thousand dollars because of bodily injury to or death of

two or more persons in any one accident, and in an amount of at least

five thousand dollars because of injury to or destruction of property of

others in any one accident, for damages arising out of negligent

operation of said snowmobile. In lieu of such insurance coverage as

hereinabove provided, the commissioner, in his discretion and upon

application of a governmental agency having registered in its name one

or more snowmobiles, may waive the requirement of insurance by a private

insurance carrier and issue a certificate of self-insurance, when he is

satisfied that such governmental agency is possessed of financial

ability to respond to judgments obtained against it, arising out of the

ownership, use or operation of such snowmobile. The commissioner may

also waive the requirement of insurance by a private insurance carrier

and issue a certificate of self-insurance upon application of any person

or any other corporation, having registered in its name, one or more

snowmobiles, and furnishing of proof that a certificate of

self-insurance has been issued and is in effect by the commissioner of

motor vehicles, pursuant to the provisions of section three hundred

sixteen of the vehicle and traffic law.

2. Proof of insurance as required by this section shall be produced

and displayed by the owner or operator of such snowmobile upon the

request of any magistrate or any person having authority to enforce the

provisions of this chapter. The failure to produce such proof upon the

request of any such person shall not be an offense but shall be

presumptive evidence that the snowmobile is being operated without

having such insurance in force and effect.

3. Proof of insurance as required by this section shall be produced

and displayed by the owner or operator of such snowmobile to any person

who has suffered or claims to have suffered either personal injury or

property damage as a result of the operation of such snowmobile by the

owner or operator, if such insurance coverage was required under the

circumstances of such operation. It shall be an affirmative defense to

any prosecution for a violation of this subdivision that such proof was

so produced or displayed within twenty-four hours of receiving notice of

such injury or damage, or the claim of such injury or damage.

4. No owner of a snowmobile shall operate or permit the same to be

operated upon the shoulders and roadways of highways or on property

which is owned, leased or held in easement by a person other than the

owner or operator of the snowmobile, without having in full force and

effect the liability insurance coverage required by this section, and no

person shall operate a snowmobile upon the shoulders and roadways of

highways or on property which is owned, leased or held in easement by a

person other than the owner or operator of the snowmobile, with

knowledge that such insurance is not in full force and effect.

Equipment. 1. All snowmobiles operating within the state of

New York shall be equipped with:

(a) Head lights. At least one white or amber head-lamp having a

minimum candlepower of sufficient intensity to reveal persons and

vehicles at a distance of at least one hundred feet ahead during hours

of darkness under normal atmospheric conditions.

(b) Tail light. At least one red tail-lamp having a minimum

candlepower of sufficient intensity to exhibit a red light plainly

visible from a distance of five hundred feet to the rear during hours of

darkness under normal atmospheric conditions.

(c) Brakes. A brake system in good mechanical condition.

(d) Reflector material. Reflector material of a minimum area of

sixteen square inches mounted on each side of the cowling. Registration

numbers must be reflectorized, and such numbers or decorative material

may be included in computing the required sixteen square inch area.

(e) Mufflers. An adequate muffler system in good working condition. On

and after June first, nineteen seventy-two, no snowmobile manufactured

after June first, nineteen seventy-two shall be sold or offered for sale

unless it is equipped in such a way as to limit noise produced by the

snowmobile to not more than eighty-two decibels as measured on the "A"

scale at fifty feet. On and after June first, nineteen seventy-five, no

such snowmobile manufactured after June first, nineteen seventy-five

shall be sold or offered for sale unless it is equipped in such a way as

to limit noise produced by the snowmobile to not more than seventy-eight

decibels on such scale. On and after June first, nineteen eighty, no

such snowmobile manufactured after June first, nineteen eighty, shall be

sold or offered for sale unless it is equipped in such a way as to limit

noise produced by the snowmobile to not more than seventy-three decibels

on such scale. On or after November first, two thousand thirteen, a

person shall not operate a snowmobile unless the snowmobile is equipped

with a muffler in good working order and in constant operation from

which noise emission does not exceed either seventy-eight decibels at

fifty feet at full throttle, as measured using a generally accepted test

for a snowmobile manufactured after July first, nineteen hundred

seventy-seven and sold or offered for sale in this state, or

eighty-eight decibels, as measured at four meters from an inline

position from the exhaust and four thousand rpm using a generally

accepted test for using a stationary snowmobile manufactured after July

first, nineteen hundred eighty and sold or offered for sale in this

state. Should the federal government adopt snowmobile noise level

standards different from those contained in this paragraph and require

that the state conform thereto, the commissioner shall be authorized to

adopt rules and regulations superseding the noise level requirements of

this paragraph to achieve compliance with federal standards. No

snowmobile shall be modified by any person in any manner that shall

amplify or otherwise increase total noise emission to a level greater

than that emitted by the snowmobile as originally constructed,

regardless of date of manufacture.

2. Inspection and testing. The commissioner may adopt rules and

regulations with respect to the inspection and testing of snowmobiles.

3. No person shall have for sale, sell or offer for sale in this state

any snowmobile which fails to comply with the provisions of subdivision

one, or which does not comply with the specifications for such equipment

required by the rules and regulations of the commissioner after the

effective date of such rules and regulations.

4. No person shall operate an authorized ambulance, police or civil

defense snowmobile as an emergency vehicle unless it is equipped with

one or more lighted, red or combination red or white lights which is

revolving, rotating, flashing, oscillating or constantly moving light

having a minimum candle power of sufficient intensity to be plainly

visible from a distance of five hundred feet in all directions under

normal atmospheric conditions.

5. No person shall operate a snowmobile or ride as a passenger on a

snowmobile unless he or she is wearing a protective helmet of a type

approved by the commissioner, except when operating a snowmobile or

riding as a passenger on private lands owned by the operator or

passenger, or to which the operator or passenger has a contractual right

other than as a member of a club or association, and for which no

compensation is paid to the owner with respect to such operation.

Trail grooming equipment; requirements. Any combination of

equipment used to maintain the snow surface of snowmobile trails shall

be equipped with:

1. a head light and tail light as required of snowmobiles in this

article, as well as a revolving, rotating, flashing, oscillating or

constantly moving amber lamp with a minimum candlepower of sufficient

intensity to be plainly visible from a distance of five hundred feet

from the front and rear during hours of darkness under normal

atmospheric conditions; and

2. reflector material as required for snowmobiles.

Operation by youthful operators. 1. Age of operation. No

person under eighteen years of age shall operate a snowmobile except as

provided for in this subdivision. (a) No person under the age of

fourteen years shall operate a snowmobile except upon land owned or

leased by his or her parent or guardian. Leased lands as used in this

section shall not include lands leased by an organization of which said

operator or his or her parent or guardian is a member.

(b) A person ten years of age or older but less than fourteen years of

age who holds a valid snowmobile safety certificate issued by the

commissioner may operate a snowmobile on any lands upon which

snowmobiling is allowed if accompanied by a person over eighteen years

of age. For the purpose of this section, "accompanied" shall mean within

five hundred feet of the person over eighteen years of age.

(c) A person fourteen years of age or older but less than eighteen

years of age, who either holds a valid snowmobile safety certificate

issued by the commissioner or is accompanied by a person over eighteen

years of age, may operate a snowmobile in the same manner as a person

over eighteen years of age.

2. Exhibition of certificate. The failure of a person specified in

subdivision one of this section to hold a snowmobile safety certificate

issued by the commissioner to exhibit such upon demand to any

magistrate, peace officer, acting pursuant to his or her special duties,

police officer, or other person having authority to enforce the

provisions of this article, shall not be an offense, but shall be

presumptive evidence that such person is not the holder of such

certificate.

3. Authorization. No owner of a snowmobile shall authorize or permit

the operation of his or her snowmobile within the state by any person in

violation of the provisions of this section.

Responsibility for operation by minors. 1. No owner or other

person in possession of any snowmobile shall authorize or knowingly

permit any person under eighteen years of age to operate such a

snowmobile in violation of any provision of this article, the rules and

regulations of the commissioner, or the provisions of any local law or

ordinance.

2. No parent or guardian shall authorize or knowingly permit his or

her child or ward, if under eighteen years of age, to operate a

snowmobile in violation of any provision of this article, the rules or

regulations of the office, or the provisions of any local law or

ordinance.

Duties and liability for negligence. 1. Negligence in the use

or operation of a snowmobile shall be attributable to the owner. Every

owner of a snowmobile used or operated in this state shall be liable and

responsible for death or injury to person or damage to property

resulting from negligence in the use or operation of such snowmobile by

any person using or operating the same with the permission, express or

implied, of such owner, provided, however, that such operator's

negligence shall not be attributed to the owner as to any claim or cause

of action accruing to the operator or his legal representative for such

injuries or death.

2. Duties of snowmobile owners and operators. It is recognized that

snowmobiling is a voluntary activity that may be hazardous. It shall be

the duty of snowmobile owners and operators:

(a) To keep their snowmobiles in proper working order.

(b) To follow any and all other rules of conduct as are prescribed

pursuant to section 25.03 of this article.

(c) Not to operate a snowmobile in any area not designated for

snowmobiling.

(d) Not to operate a snowmobile in a manner beyond their limits or

ability and speed to overcome variations in trail conditions and

configuration and surface or subsurface conditions which may be caused

or altered by weather, slope or trail maintenance work or snowmobile

use.

(e) To familiarize themselves with signage and trail markers before

operating.

(f) Not to snowmobile on a trail or portion thereof that has been

designated as "closed".

(g) Not leave the scene of any accident resulting in personal injury

to another party until such time as assistance arrives, except for the

purpose of summoning aid.

(h) Not to willfully stop on any trail where such stopping is likely

to impede the use of that trail by others.

(i) Not to willfully remove, deface, alter or otherwise damage

signage, warning devices or implements, or other safety devices.

Operating a snowmobile upon a street, highway, public trails,

lands, bodies of water, or private property of another while under the

influence of alcohol or drugs. 1. Offenses; criminal penalties. (a) No

person shall operate a snowmobile upon a street, highway, public trails,

lands, bodies of water, or private property of another while his or her

ability to operate such snowmobile is impaired by the consumption of

alcohol. A violation of this subdivision shall be an offense and shall

be punishable by a fine of not less than two hundred fifty dollars nor

more than three hundred fifty dollars, or by imprisonment in a

penitentiary or county jail for not more than fifteen days, or by both

such fine and imprisonment. A person who operates a snowmobile in

violation of this subdivision after being convicted of a violation of

any subdivision of this section within the preceding five years shall be

punished by a fine of not less than five hundred dollars nor more than

fifteen hundred dollars, or by imprisonment of not more than thirty days

in a penitentiary or county jail or by both such fine and imprisonment.

(b) No such person shall operate a snowmobile upon a street, highway,

public trails, lands, bodies of water, or private property of another

while he or she has .08 of one per centum or more by weight of alcohol

in his or her blood, breath, urine, or saliva, as determined by the

chemical test made pursuant to the provisions of subdivision six of this

section.

(c) No person shall operate a snowmobile upon a street, highway,

public trails, lands, bodies of water, or private property of another

while he or she is in an intoxicated condition.

(d) No person shall operate a snowmobile upon a street, highway,

public trails, lands, bodies of water, or private property of another

while his or her ability to operate such snowmobile is impaired by the

use of a drug as defined by section one hundred fourteen-a of the

vehicle and traffic law.

(e) A violation of paragraph (b), (c), or (d) of this subdivision

shall be a misdemeanor and shall be punishable by imprisonment in a

penitentiary or county jail for not more than ninety days, or by a fine

of not less than three hundred fifty dollars nor more than five hundred

dollars, or by both such fine and imprisonment. A person who operates a

snowmobile in violation of paragraph (b), (c), or (d) of this

subdivision after having been convicted of a violation of paragraph (b),

(c), or (d) of this subdivision, or of operating a snowmobile while

intoxicated or while under the influence of drugs, within the preceding

ten years, shall be guilty of a misdemeanor and shall be punished by

imprisonment for not more than one year, or by a fine of not less than

five hundred dollars nor more than fifteen hundred dollars, or by both

such fine and imprisonment. A person who operates a snowmobile in

violation of paragraph (b), (c), or (d) of this subdivision after having

been twice convicted of a violation of paragraph (b), (c), or (d) of

this subdivision, or of operating a snowmobile while intoxicated or

under the influence of drugs, within the preceding ten years, shall be

guilty of a class E felony and shall be punished by a fine of not less

than five hundred dollars nor more than five thousand dollars or by a

period of imprisonment as provided in the penal law, or by both such

fine and imprisonment.

2. Privilege to operate a snowmobile; suspensions. (a) The court shall

suspend a person's privilege to operate a snowmobile and may suspend a

snowmobile registration for:

(1) a period of six months where an operator is convicted of a

violation of paragraph (a) of subdivision one of this section;

(2) a period of twelve months where an operator is convicted of a

violation of paragraph (b), (c), or (d) of subdivision one of this

section;

(3) a period of twenty-four months where a person is convicted of a

violation of paragraph (b), (c), or (d) of subdivision one of this

section after having been convicted of a violation of paragraph (b),

(c), or (d) of subdivision one of this section or of operating a

snowmobile while intoxicated or under the influence of drugs within the

preceding ten years.

(b) The court shall report each conviction recorded pursuant to this

section to the commissioner of motor vehicles and the commissioner on

forms provided by the department of motor vehicles. Such reports shall

include the length of any suspension imposed on the privilege to operate

a snowmobile and any suspension imposed against a snowmobile

registration. The department of motor vehicles shall maintain a record

of all convictions and suspensions in order to effectuate the provisions

of this section.

3. Operation of snowmobile while operating privileges have been

suspended. (a) No person shall operate a snowmobile upon a street,

highway, public trails, lands, bodies of water, or private property of

another while operating privileges have been suspended pursuant to this

section. A violation of the provisions of this paragraph shall be a

violation and shall be punishable by a fine of not less than three

hundred fifty dollars nor more than seven hundred fifty dollars or by

imprisonment for a period of not more than ninety days, or by both such

fine and imprisonment.

(b) A person who is in violation of the provisions of paragraph (a) of

this subdivision, and in addition is in violation of the provisions of

any paragraph of subdivision one of this section arising out of the same

incident, shall be guilty of a misdemeanor punishable by a fine of not

less than five hundred dollars nor more than five thousand dollars or by

a period of imprisonment for a period of not more than one year or by

both such fine and imprisonment.

4. Sentencing limitations. Notwithstanding any provision of the penal

law, no judge or magistrate shall impose a sentence of unconditional

discharge for a violation of paragraph (b), (c), or (d) of subdivision

one of this section nor shall he or she impose a sentence of conditional

discharge unless such conditional discharge is accompanied by a sentence

of a fine as provided in this section.

5. Arrest and testing. (a) Arrest. Notwithstanding the provisions of

section 140.10 of the criminal procedure law, a police officer may,

without a warrant, arrest a person, in case of a violation of any

paragraph of subdivision one of this section, if such violation is

coupled with an accident or collision in which such person is involved,

which in fact had been committed, though not in the police officer's

presence, when he or she has reasonable cause to believe that the

violation was committed by such person. For the purposes of this

subdivision police officer shall also include a peace officer authorized

to enforce the provisions of this chapter when the alleged violation

constitutes a crime.

(b) Breath test for operators of a snowmobile. Every person operating

a snowmobile upon a street, highway, public trails, lands, bodies of

water, or private property of another which has been involved in an

accident or which is operated in violation of any of the provisions of

this chapter which regulate the manner in which a snowmobile is to be

properly operated shall, at the request of a police officer, submit to a

breath test to be administered by the police officer. If such test

indicates that such operator has consumed alcohol, the police officer

may request such operator to submit to a chemical test in the manner set

forth in subdivision six of this section.

6. Chemical tests. (a) Any person who operates a snowmobile upon a

street, highway, public trails, lands, bodies of water, or private

property of another shall be requested to consent to a chemical test of

one or more of the following: breath, blood, urine or saliva for the

purpose of determining the alcoholic or drug content of his or her

blood, provided that such test is administered at the direction of a

police officer: (1) having reasonable cause to believe such person to

have been operating in violation of this subdivision or paragraph (a),

(b), (c), or (d) of subdivision one of this section and within two hours

after such person has been placed under arrest for any such violation or

(2) within two hours after a breath test as provided in paragraph (b) of

subdivision five of this section indicates that alcohol has been

consumed by such person and in accordance with the rules and regulations

established by the police force of which the officer is a member.

(b) If such person having been placed under arrest or after a breath

test indicates the presence of alcohol in the person's system and having

thereafter been requested to submit to such chemical test and having

been informed that the person's privilege to operate a snowmobile shall

be immediately suspended for refusal to submit to such chemical test or

any portion thereof, whether or not the person is found guilty of the

charge for which such person is arrested, refuses to submit to such

chemical test or any portion thereof, unless a court order has been

granted pursuant to subdivision seven of this section, the test shall

not be given and a written report of such refusal shall be immediately

made by the police officer before whom such refusal was made. Such

report may be verified by having the report sworn to, or by affixing to

such report a form notice that false statements made therein are

punishable as a class A misdemeanor pursuant to section 210.45 of the

penal law and such form notice together with the subscription of the

deponent shall constitute a verification of the report. The report of

the police officer shall set forth reasonable grounds to believe such

arrested person to have been operating a snowmobile in violation of any

paragraph of subdivision one of this section, that such person had

refused to submit to such chemical test, and that no chemical test was

administered pursuant to the requirements of subdivision seven of this

section. The report shall be presented to the court upon the arraignment

of the arrested person. The privilege to operate a snowmobile shall,

upon the basis of such written report, be temporarily suspended by the

court without notice pending the determination of a hearing as provided

herein. Copies of such report must be transmitted by the court to the

commissioner and the commissioner of motor vehicles and such transmittal

may not be waived even with the consent of all the parties. Such report

shall be forwarded to the commissioner and the commissioner of motor

vehicles within forty-eight hours of such arraignment. The court shall

provide such person with a hearing date schedule, a waiver form, and

such other information as may be required by the commissioner of motor

vehicles. If a hearing, as provided for in paragraph (c) of this

subdivision, is waived by such person, the commissioner of motor

vehicles shall immediately suspend the privilege to operate a

snowmobile, as of the date of receipt of such waiver in accordance with

the provisions of paragraph (d) of this subdivision.

(c) Any person whose privilege to operate a snowmobile has been

suspended pursuant to paragraph (b) of this subdivision is entitled to a

hearing in accordance with a hearing schedule to be promulgated by the

commissioner of motor vehicles. If the department of motor vehicles

fails to provide for such hearing fifteen days after the date of the

arraignment of the arrested person, the privilege to operate a

snowmobile of such person shall be reinstated pending a hearing pursuant

to this section. The hearing shall be limited to the following issues:

(1) did the police officer have reasonable cause to believe that such

person had been operating a snowmobile in violation of any paragraph of

subdivision one of this section; (2) did the police officer make a

lawful arrest of such person; (3) was such person given sufficient

warning, in clear and unequivocal language, prior to such refusal that

such refusal to submit to such chemical test or any portion thereof,

would result in the immediate suspension of such person's privilege to

operate a snowmobile whether or not such person is found guilty of the

charge for which the arrest was made; and (4) did such person refuse to

submit to such chemical test or any portion thereof. If, after such

hearing, the hearing officer, acting on behalf of the commissioner of

motor vehicles, finds on any one of said issues in the negative, the

hearing officer shall immediately terminate any suspension arising from

such refusal. If, after such hearing, the hearing officer, acting on

behalf of the commissioner of motor vehicles finds all of the issues in

the affirmative, such officer shall immediately suspend the privilege to

operate a snowmobile in accordance with the provisions of paragraph (d)

of this subdivision. A person who has had the privilege to operate a

snowmobile suspended pursuant to this subdivision may appeal the

findings of the hearing officer in accordance with the provisions of

article three-A of the vehicle and traffic law. Any person may waive the

right to a hearing under this section. Failure by such person to appear

for the scheduled hearing shall constitute a waiver of such hearing,

provided, however, that such person may petition the commissioner of

motor vehicles for a new hearing which shall be held as soon as

practicable.

(d) (1) Any privilege to operate a snowmobile which has been suspended

pursuant to paragraph (c) of this subdivision shall not be restored for

six months after such suspension. However, no such privilege shall be

restored for at least one year after such suspension in any case where

the person has had a prior suspension resulting from refusal to submit

to a chemical test pursuant to this subdivision, or has been convicted

of a violation of any paragraph of subdivision one of this section not

arising out of the same incident, within the five years immediately

preceding the date of such suspension.

(2) Any person whose privilege to operate a snowmobile is suspended

pursuant to the provisions of this subdivision shall also be liable for

a civil penalty in the amount of two hundred dollars except that if such

suspension is a second or subsequent suspension pursuant to this

subdivision issued within a five year period, or such person has been

convicted of a violation of any paragraph of subdivision one of this

section within the past five years not arising out of the same incident,

the civil penalty shall be in the amount of five hundred dollars. The

privilege to operate a snowmobile shall not be restored to such person

unless such penalty has been paid. The first one hundred dollars of each

penalty collected by the department of motor vehicles pursuant to the

provisions of this subdivision shall be paid to the commissioner of

motor vehicles for deposit to the general fund and the remainder of all

such penalties shall be paid to the commissioner for deposit in the

snowmobile trail development and maintenance fund established pursuant

to section ninety-two-n of the state finance law.

(e) The commissioner of motor vehicles in consultation with the

commissioner shall promulgate such rules and regulations as may be

necessary to effectuate the provisions of this subdivision.

(f) Evidence of a refusal to submit to such chemical test shall be

admissible in any trial, proceeding or hearing based upon a violation of

the provisions of this section, but only upon a showing that the person

was given sufficient warning, in clear and unequivocal language, of the

effect of such refusal and that the person persisted in his or her

refusal.

(g) Upon the request of the person tested, the results of such test

shall be made available to him or her.

7. Compulsory chemical tests. (a) Notwithstanding the provisions of

subdivision six of this section, no person who operates a snowmobile

upon a street, highway, public trails, lands, bodies of water, or

private property of another may refuse to submit to a chemical test of

one or more of the following: breath, blood, urine or saliva, for the

purpose of determining the alcoholic and/or drug content of the blood

when a court order for such chemical test has been issued in accordance

with the provisions of this subdivision.

(b) Upon refusal by any person to submit to a chemical test or any

portion thereof as described in paragraph (a) of this subdivision, the

test shall not be given unless a police officer or a district attorney,

as defined in subdivision thirty-two of section 1.20 of the criminal

procedure law, requests and obtains a court order to compel a person to

submit to a chemical test to determine the alcoholic or drug content of

the person's blood upon a finding of reasonable cause to believe that:

(1) such person was the operator of a snowmobile and in the course of

such operation a person other than the operator was killed or suffered

serious physical injury as defined in section 10.00 of the penal law;

and

(2) (i) either such person operated the snowmobile in violation of any

paragraph of subdivision one of this section, or

(ii) a breath test administered by a police officer in accordance with

subdivision five of this section indicates that alcohol has been

consumed by such person; and

(3) such person has been placed under lawful arrest; and

(4) such person has refused to submit to a chemical test or any

portion thereof, requested in accordance with the provisions of

subdivision six of this section or is unable to give consent to such a

test.

(c) For the purpose of this subdivision "reasonable cause" shall be

determined by viewing the totality of circumstances surrounding the

incident which, when taken together, indicate that the operator was

operating a snowmobile in violation of any paragraph of subdivision one

of this section. Such circumstances may include, but are not limited to:

evidence that the operator was operating a snowmobile in violation of

any provision of this chapter which regulates the manner in which a

snowmobile is to be properly operated at the time of the incident; any

visible indication of alcohol or drug consumption or impairment by the

operator; any other evidence surrounding the circumstances of the

incident which indicates that the operator has been operating a

snowmobile while impaired by the consumption of alcohol or drugs or was

intoxicated at the time of the incident.

(d) (1) An application for a court order to compel submission to a

chemical test or any portion thereof, may be made to any supreme court

justice, county court judge or district court judge in the judicial

district in which the incident occurred, or if the incident occurred in

the city of New York before any supreme court justice or judge of the

criminal court of the city of New York. Such application may be

communicated by telephone, radio or other means of electronic

communication, or in person.

(2) The applicant must provide identification by name and title and

must state the purpose of the communication. Upon being advised that an

application for a court order to compel submission to a chemical test is

being made, the court shall place under oath the applicant and any other

person providing information in support of the application as provided

in subparagraph three of this paragraph. After being sworn the applicant

must state that the person from whom the chemical test was requested was

the operator of a snowmobile and in the course of such operation a

person, other than the operator, has been killed or seriously injured

and, based upon the totality of circumstances, there is reasonable cause

to believe that such person was operating a snowmobile in violation of

any paragraph of subdivision one of this section and, after being placed

under lawful arrest such person refused to submit to a chemical test or

any portion thereof, in accordance with the provisions of this section

or is unable to give consent to such a test or any portion thereof. The

applicant must make specific allegations of fact to support such

statement. Any other person properly identified may present sworn

allegations of fact in support of the applicant's statement.

(3) Upon being advised that an oral application for a court order to

compel a person to submit to a chemical test is being made, a judge or

justice shall place under oath the applicant and any other person

providing information in support of the application. Such oath or oaths

and all of the remaining communication must be recorded, either by means

of a voice recording device or verbatim stenographic or verbatim

longhand notes. If a voice recording device is used or a stenographic

record made, the judge must have the record transcribed, certify to the

accuracy of the transcription and file the original record and

transcription with the court within seventy-two hours of the issuance of

the court order. If the longhand notes are taken, the judge shall

subscribe a copy and file it with the court within twenty-four hours of

the issuance of the order.

(4) If the court is satisfied that the requirements for the issuance

of a court order pursuant to the provisions of paragraph (b) of this

subdivision have been met, it may grant the application and issue an

order requiring the accused to submit to a chemical test to determine

the alcoholic and/or drug content of his or her blood and ordering the

withdrawal of a blood sample in accordance with the provisions of

subdivision eight of this section. When a judge or justice determines to

issue an order to compel submission to a chemical test based on an oral

application, the applicant therefor shall prepare the order in

accordance with the instructions of the judge or justice. In all cases

the order shall include the name of the issuing judge or justice, the

name of the applicant, and the date and time it was issued. It must be

signed by the judge or justice if issued in person, or by the applicant

if issued orally.

(5) Any false statement by an applicant or any other person in support

of an application for a court order shall subject such person to the

offenses for perjury set forth in article two hundred ten of the penal

law.

(e) An order issued pursuant to the provisions of this subdivision

shall require that a chemical test to determine the alcoholic and/or

drug content of the operator's blood must be administered. The

provisions of paragraphs (a), (b) and (c) of subdivision eight of this

section shall be applicable to any chemical test administered pursuant

to this section.

(f) A defendant who has been compelled to submit to a chemical test

pursuant to the provisions of this subdivision may move for the

suppression of such evidence in accordance with article seven hundred

ten of the criminal procedure law on the grounds that the order was

obtained and the test administered in violation of the provisions of

this subdivision or any other applicable law.

8. Testing procedures. (a) At the request of a police officer, the

following persons may withdraw blood for the purpose of determining the

alcohol or drug content therein: (1) a physician, a registered

professional nurse or a registered physician's assistant; or (2) under

the supervision and at the direction of a physician: a medical

laboratory technician or medical technologist as classified by civil

service; a phlebotomist; an advanced emergency medical technician as

certified by the department of health, or a medical laboratory

technician or medical technologist employed by a clinical laboratory

approved under title five of article five of the public health law. This

limitation shall not apply to the taking of a urine, saliva or breath

specimen.

(b) No person entitled to withdraw blood pursuant to paragraph (a) of

this subdivision or hospital employing such person and no other employer

of such person shall be sued or held liable for any act done or omitted

in the course of withdrawing blood at the request of a police officer or

peace officer acting pursuant to his or her special duties pursuant to

this subdivision.

(c) Any person who may have a cause of action arising from the

withdrawal of blood as aforesaid, for which no personal liability exists

under paragraph (b) of this subdivision, may maintain such action

against the state if the person entitled to withdraw blood pursuant to

paragraph (a) of this subdivision acted at the request of a police

officer or peace officer acting pursuant to his or her special duties,

employed by the state, or against the appropriate political subdivision

of the state if the person acted at the request of a police officer or

peace officer acting pursuant to his or her special duties, employed by

a political subdivision of the state. No action shall be maintained

pursuant to this paragraph unless notice of claim is duly filed or

served in compliance with law.

(d) Notwithstanding the foregoing provisions of this subdivision, an

action may be maintained by the state or a political subdivision thereof

against a person entitled to withdraw blood pursuant to paragraph (a) of

this subdivision or hospital employing such person for whose act or

omission the state or the political subdivision has been held liable

under this subdivision to recover damages, not exceeding the amount

awarded to the claimant, that may have been sustained by the state or

the political subdivision by reason of gross negligence on the part of

such person entitled to withdraw blood.

(e) The testimony of any person, other than a physician, entitled to

draw blood pursuant to paragraph (a) of this subdivision in respect to

any such withdrawal of blood made by him or her may be received in

evidence with the same weight, force and effect as if such withdrawal of

blood were made by a physician.

(f) The provisions of paragraphs (b), (c) and (d) of this subdivision

shall also apply with regard to any person employed by a hospital as

security personnel for any act done or omitted in the course of

withdrawing blood at the request of a police officer pursuant to a court

order in accordance with this subdivision.

(g) The person tested shall be permitted to choose a physician to

administer a chemical test in addition to the one administered at the

direction of the police officer.

9. Chemical test evidence. (a) Upon the trial of any such action or

proceeding arising out of actions alleged to have been committed by any

person arrested for a violation of any paragraph of subdivision one of

this section, the court shall admit evidence of the amount of alcohol or

drugs in the defendant's blood as shown by a test administered pursuant

to the provisions of subdivision six or seven of this section.

(b) The following effect shall be given to evidence of blood alcohol

content, as determined by such tests, of a person arrested for a

violation of any paragraph of subdivision one of this section and who

was operating a snowmobile:

(1) evidence that there was .05 of one per centum or less by weight of

alcohol in such person's blood shall be prima facie evidence that the

ability of such person to operate a snowmobile was not impaired by the

consumption of alcohol, and that such person was not in an intoxicated

condition.

(2) evidence that there was more than .05 of one per centum but less

than .07 of one per centum of weight in such person's blood shall be

prima facie evidence that such person was not in an intoxicated

condition, but such evidence shall be relevant evidence but not be given

prima facie effect, in determining whether the ability of such person to

operate a snowmobile was impaired by the consumption of alcohol.

(3) evidence that there was .07 of one per centum or more but less

than .08 of one per centum by weight of alcohol in such person's blood

shall be prima facie evidence that such person was not in an intoxicated

condition, but such evidence shall be given prima facie effect in

determining whether the ability of such person to operate a snowmobile

was impaired by the consumption of alcohol.

(c) Evidence of a refusal to submit to a chemical test or any portion

thereof shall be admissible in any trial or hearing provided the request

to submit to such a test was made in accordance with the provisions of

subdivision six of this section.

10. Limitations. (a) A snowmobile operator may be convicted of a

violation of paragraph (a), (b), (c), or (d) of subdivision one of this

section, notwithstanding that the charge laid before the court alleged a

violation of paragraph (b), (c), or (d) of subdivision one of this

section, and regardless of whether or not such conviction is based on a

plea of guilty.

(b) In any case wherein the charge laid before the court alleges a

violation of paragraph (b), (c), or (d) of subdivision one of this

section, any plea of guilty thereafter entered in satisfaction of such

charge must include at least a plea of guilty to the violation of the

provisions of one of the paragraphs of such subdivision one and no other

disposition by plea of guilty to any other charge in satisfaction of

such charge shall be authorized; provided, however, if the district

attorney upon reviewing the available evidence determines that the

charge of a violation of subdivision one of this section is not

warranted, he or she may consent, and the court may allow a disposition

by plea of guilty to another charge in satisfaction of such charge.

11. Suspension pending prosecution. (a) Without notice, pending any

prosecution, the court may suspend the right to operate a snowmobile

where the snowmobile operator has been charged with vehicular assault in

the second degree or vehicular manslaughter in the second degree as

defined, respectively, in sections 120.03 and 125.12 of the penal law.

(b) A suspension under this subdivision shall occur no later than

twenty days after the snowmobile operator's first appearance before the

court on the charges or at the conclusion of all proceedings required

for the arraignment, whichever comes first. In order for the court to

impose such suspension it must find that the accusatory instrument

conforms to the requirements of section 100.40 of the criminal procedure

law and there exists reasonable cause to believe that the accused

operated a snowmobile in violation of section 120.03 or 125.12 of the

penal law. At such time the operator shall be entitled to an opportunity

to make a statement regarding the enumerated issues and to present

evidence tending to rebut the court's findings. Where such suspension is

imposed upon such pending charge and the operator has requested a

hearing pursuant to article one hundred eighty of the criminal procedure

law, the court shall conduct such hearing. If upon completion of the

hearing, the court fails to find that there is reasonable cause to

believe that the operator committed a felony under section 120.03 or

125.12 of the penal law the court shall promptly direct restoration of

such operating privileges to the operator unless such operating

privileges are suspended or revoked pursuant to any other provision of

this chapter.

12. Snowmobile safety course. Upon the conviction of any subdivision

of this section, the court shall, in addition to any other penalties

invoked under this section, require the convicted person, as a condition

of the sentence, to complete a snowmobile safety course approved by the

commissioner and show proof of successful completion of such course to

the court or its designee.

Accidents; reports. 1. The operator of any snowmobile involved

in any accident resulting in injuries to or death of any person or in

which property damage in the estimated amount of one thousand dollars or

more is sustained, shall within seven days after such accident report

the matter in writing to the office, with a copy thereof to the sheriff

of the county in which said accident occurred. If such operator is

physically incapable of making such report and there is another

participant in the accident not so incapacitated, such participant shall

make the report within the allotted time after such accident. In the

event that there is no other participant and the operator is other than

the owner, then the owner shall within the prescribed period of time,

after learning of the facts of such accident, report the matter to the

office, together with such information as may have come to his knowledge

relating to such accident. Every such operator of a snowmobile, or

participant of any such accident, or the owner of the snowmobile

involved in any such accident, shall make such other and additional

reports as the commissioner shall require.

2. Whenever any snowmobile meets with an accident involving a loss of

life, personal injury or damage to property and the operator thereof has

knowledge of such accident, he shall stop and give his name and address,

the name and address of the owner thereof and the registration number

assigned to said snowmobile to the injured person or the person

sustaining the damage, or to a peace or police officer. In the event the

person sustaining the damage is not present at the place where the

damage occurred, the operator shall, as soon as physically able, report

the same to the nearest law enforcement agency.

3. A peace, police, or judicial officer who investigates or receives

information of an accident involving a snowmobile shall make a written

report of the investigation or information received, and such additional

facts relating to the accident as may come to his knowledge and mail the

same within forty-eight hours to the office and keep a record thereof in

his office.

4. Failure of such persons to give notice of any accident requiring

notice shall be prima facie evidence that such accident was not

reported.

Service on nonresidents and certain residents, adminis-

trators or executors. 1. The use or operation by a nonresident of a

snowmobile in this state, or the use or operation in this state of a

snowmobile in the business of a nonresident or the use or operation in

this state of a snowmobile owned by a nonresident if so used or operated

with his permission, express or implied, shall be deemed equivalent to

an appointment by such nonresident of the secretary of state to be his

true and lawful attorney upon whom may be served the summons in any

action against him, growing out of any accident or collision in which

such nonresident may be involved while using or operating such

snowmobile in this state or in which such snowmobile may be involved

while being used or operated in this state in the business of such

nonresident or with the permission, express or implied, of such

nonresident or with the permission, express of implied, of such

nonresident owner. Such use or operation shall be deemed a signification

of his agreement that any such summons against him which is so served

shall be of the same legal force and validity as if served on him

personally within the state and within the territorial jurisdiction of

the court from which the summons issues, and that such appointment of

the secretary of state shall be irrevocable and binding upon his

executor or administrator. Where such nonresident has died prior to the

commencement of an action brought pursuant to this section, service of

process shall be made on the executor or administrator of such

nonresident in the same manner and on the same notice as is provided in

the case of the nonresident himself. Where an action has been duly

commenced under the provisions of this section against a nonresident who

dies thereafter, the court shall allow the action to be continued

against his executor or administrator upon motion with such notice as

the court deems proper.

2. A summons in an action described in this section may issue in any

court in the state having jurisdiction of the subject matter and be

served as hereinafter provided. Service of such summons shall be made by

mailing a copy thereof to the secretary of state at his office in the

city of Albany, or by personally delivering a copy thereof to one of his

regularly established offices, with a fee of five dollars, and such

service shall be sufficient service upon such nonresident provided that

notice of such service and a copy of the summons and complaint are

forthwith sent by or on behalf of the plaintiff to the defendant by

registered mail, return receipt requested. The plaintiff shall file with

the clerk of the court in which the action is pending, or with the judge

or justice of such court in case there be no clerk, an affidavit of

compliance herewith, a copy of the summons and complaint, and either a

return receipt purporting to be signed by the defendant or a person

qualified to receive his registered mail in accordance with the rules

and customs of the post office or, if acceptance was refused by the

defendant or his agent, the original envelope bearing a notation by the

postal authorities that receipt was refused, and an affidavit by or on

behalf of the plaintiff that notice of such mailing and refusal was

forthwith sent to the defendant by ordinary mail. Where the summons is

mailed to a foreign country, other official proof of the delivery of the

mail may be filed in case the postal authorities is unable to obtain

such a return receipt. The foregoing papers shall be filed within thirty

days after the return receipt or other official proof of delivery or the

original envelope bearing a notation of refusal, as the case may be, is

received by the plaintiff. Service of process shall be complete when

such papers are filed. The return receipt or other official proof of

delivery shall constitute presumptive evidence that the summons mailed

was received by the defendant or a person qualified to receive his

registered mail and a notation of refusal shall constitute presumptive

evidence that the refusal was by the defendant or his agent. Service of

such summons also may be made by mailing a copy thereof to the secretary

of state at his office in the city of Albany, or by personally

delivering a copy thereof to one of his regularly established offices,

with a fee of five dollars, and by delivering a duplicate copy thereof,

with the complaint annexed thereto, to the defendant personally without

the state by a resident or citizen of the state of New York or a

sheriff, under-sheriff, deputy-sheriff or constable of the county or

other political subdivision in which the personal service is made, or an

officer authorized by the laws of this state, to take acknowledgements

of deeds to be recorded in this state, or an attorney and/or counselor

at law, solicitor, advocate or barrister duly qualified to practice in

the state or county where such service is made, or by a United States

marshal or deputy United States marshal. Proof of personal service

without the state shall be filed with the clerk of the court in which

the action is pending within thirty days after such service. Personal

service without the state is complete when proof thereof is filed. The

court in which the action is pending may order such extension as may be

necessary to afford the defendant reasonable oppportunity to defend the

action.

3. The provisions of this section shall also apply

(a) to a resident who departs from the state subsequent to the

accident or collision and remains absent therefrom for thirty days

continuously, whether such absence is intended to be temporary or

permanent, and to any executor or administrator of such resident, and

(b) to an executor or administrator of a resident if such executor or

administrator is a nonresident or if, being a resident, he departs from

the state and remains absent therefrom for thirty days continuously,

whether such absence is intended to be temporary or permanent.

Suspension and revocation of certificates and permits. The

commissioner may suspend or revoke a snowmobile safety certificate, or a

permit for special events, issued pursuant to the provisions of this

article, upon satisfactory proof of a violation of any provision of this

article or of any rule, regulation, order, local law or ordinance

adopted or promulgated pursuant thereto. Upon said suspension or

revocation, all rights and privileges accruing to such youthful operator

or permittee shall terminate.

Enforcement. Every peace officer, who is acting pursuant to

his special duties, police officer, conservation officer in the

department of environmental conservation, and such employees of the

office as may be designated by the commissioner, shall enforce the

provisions of this chapter, articles forty-seven and forty-eight of the

vehicle and traffic law, and the laws, ordinances, rules, regulations

and orders enacted or promulgated thereunder. Such enforcement officers

shall be authorized to issue an appearance ticket or, in lieu thereof, a

uniform appearance ticket and simplified information as provided in

section 27.03, for any violation of this chapter, articles forty-seven

and forty-eight of the vehicle and traffic law, or rule, regulation,

local law or ordinance adopted thereunder.

Uniform appearance ticket and simplified information. 1. The

commissioner shall prescribe the form of an appearance ticket and

simplified information for all cases involving a violation of any

provision of this chapter, articles forty-seven and forty-eight of the

vehicle and traffic law, or of any local law, ordinance, rule,

regulation or order adopted or promulgated thereunder, or of any class

or category of such cases, and to establish procedures for proper

administrative controls over the disposition thereof. The commissioner

may, in his discretion, combine the form of the uniform appearance

ticket and simplified information authorized by this section with the

appearance ticket and information authorized under the navigation law.

2. The chief executive officer of each local police force including

county, town, city and village police departments, sheriffs, and the

superintendent of state police shall prepare or cause to be prepared

such records and reports as may be prescribed hereunder.

3. The commissioner shall have the power to adopt such rules and

regulations as may be deemed necessary to accomplish the purposes and

enforce the provisions of this section including requirements for

reporting by trial courts having jurisdiction over such offenses.

4. Any person who disposes of any uniform appearance ticket and

simplified information in any other manner than that prescribed by law,

rule or regulation shall be guilty of a class B misdemeanor.

5. The provisions of this section shall not apply to any offense for

which a uniform summons and complaint is prescribed by the commissioner

of motor vehicles pursuant to section two hundred seven of the vehicle

and traffic law.

Verification or affirmation of accusatory instruments. 1.

When an appearance ticket as authorized under section 27.03 has been

served by an enforcement officer specified in section 27.01, any chief,

deputy-chief, captain, lieutenant or acting lieutenant, sergeant, or

acting sergeant of a police department or of the division of state

police, or any sheriff, undersheriff, chief deputy, or deputy sergeant

in any county to whom the service of the appearance ticket is reported

is hereby authorized to administer to such enforcement officer all

necessary oaths in connection with the execution of the accusatory

instrument to be presented in court by such enforcement officer in the

prosecution of the offense involved.

2. A simplified information need not be verified if it is affirmed by

the issuing officer, under penalty of perjury.

Pleas by mail. A defendant charged with a violation of any

provision of this chapter or rule, regulation, local law or ordinance

promulgated or adopted thereunder may himself plead guilty to the charge

in open court. He may also submit to the magistrate having jurisdiction,

in person, by duly authorized agent, or by registered mail, a statement

(a) that he waives arraignment in open court and the aid of counsel, (b)

that he pleads guilty to the offense as charged, (c) that he elects and

requests that the charge be disposed of and the fine or penalty fixed by

the court, (d) of any explanation that he desires to make concerning the

offense charged, and (e) that he makes all statements under penalty of

perjury. Thereupon the magistrate may proceed as though the defendant

has been convicted upon a plea of guilty in open court, provided

however, that any imposition of fine or penalty hereunder shall be

deemed tentative until such fine or penalty shall have been paid and

discharged in full. If upon receipt of the aforesaid statement the

magistrate shall deny the same, he shall thereupon notify the defendant

of this fact, and that he is required to appear before the said

magistrate at a stated time and place to answer the charge which shall

thereafter be disposed of pursuant to the applicable provisions of law.

09 Convictions; bail forfeitures; failure to appear. 1. The

trial court or clerk thereof shall certify to the commissioner the facts

of any case involving a violation of any provision of this chapter, or

of any rule, regulation, local law or ordinance adopted pursuant

thereto,

(a) within five days of the date of conviction of such violation;

(b) within five days of a forfeiture of bail in such case; or

(c) within ninety days of a failure of the defendant to appear on the

initial date of appearance, or any adjourned date for appearance or

trial.

2. The commissioner may, by regulation, provide for the form and

content of such certification and limit the violations for which cer-

tifications shall be required. Such certifications shall be pre-

sumptive evidence of the facts therein contained and may, in the dis-

cretion of the commissioner, be recorded in the records of the office.

In the event a conviction which has been so recorded is subsequently

reversed, the commissioner, upon receiving due notice thereof, shall

record such fact in such records.

3. Upon the conviction of any person of a violation for which a

certification must be made to the commissioner, pursuant to this

section, the court or clerk shall also enter such conviction on any

license or certificate issued by the office if such entry is required by

the regulations of the commissioner.

Offenses; penalties. 1. Unless otherwise specifically

provided, any person who violates any provision of this chapter, or of

any law, ordinance, rule, regulation or order adopted pursuant thereto,

shall be guilty of a

(a) traffic infraction, if such provision, law, ordinance, rule,

regulation or order is one which regulates traffic as specified in

section one hundred fifty-five of the vehicle and traffic law, but does

not relate to snowmobiles.

(b) violation, for any other offense.

2. A traffic infraction shall be punishable as provided in subdivision

(b) of section one thousand eight hundred of the vehicle and traffic law

in the same manner as if the offense were a violation of the vehicle and

traffic law. A violation shall be punishable as provided in the penal

law. Upon conviction of a violation of any provision of article

twenty-five of this chapter a court may also require the convicted

person, as a condition of the sentence in addition to any other penalty,

to successfully complete a snowmobile safety course approved by the

commissioner.

Mandatory surcharge required in certain cases. 1. Whenever an

administrative tribunal, empowered to do so, or a criminal court of this

state imposes a fine or a penalty assessment or orders a bail forfeiture

as a penalty for violating a provision of this chapter or for violating

a rule or regulation adopted pursuant to this chapter, there shall be

levied, in addition to any fine or penalty authorized by subdivision two

of section 27.11 of this article, except for traffic infractions

relating to motor vehicles unlawfully parked or standing, a mandatory

surcharge in the amount of fifteen dollars.

2. Where a person is convicted of two or more crimes or violations

committed through a single act or omission, or through an act or

omission which itself constituted one of the crimes or violations and

also was a material element of the other, the court shall impose only

one mandatory surcharge pursuant to subdivision one of this section.

3. Any person who has paid a mandatory surcharge pursuant to the

provisions of this section which is ultimately determined not to be

required by this section shall be entitled to a refund of such mandatory

surcharge upon application to the state comptroller, who shall require

such proof as is necessary in order to determine whether a refund is

required by law.

4. Notwithstanding any other provision of this section, where a person

has made restitution or reparation pursuant to section 60.27 of the

penal law, such person shall not be required to pay a mandatory

surcharge.

5. Notwithstanding any other provision of this section, where a

mandatory surcharge is imposed pursuant to the provisions of section

60.35 of the penal law or section one thousand eight hundred nine of the

vehicle and traffic law, no mandatory surcharge shall be imposed

pursuant to the provisions of this section.

6. Notwithstanding any other provision of law to the contrary the

mandatory surcharge provided for in subdivision one of this section

shall be paid to the clerk of the court or administrative tribunal that

rendered the conviction. Within the first ten days of the month

following collection of the mandatory surcharge, the collecting

authority shall determine the amount of mandatory surcharge collected

and pay such amount to the state comptroller who shall deposit such

money in the miscellaneous special revenue fund to be credited to the

agency's patron services account.

Disposition of fees and penalties. 1. Not later than the

tenth day of each month, all fines and penalties collected for

violations of this chapter or rules, regulations, local laws or

ordinances adopted thereunder under judgment of any town or village

court, shall be paid over by such court to the comptroller of the state,

with a statement accompanying the same, setting forth the action or

proceeding in which such moneys were collected, the name and residence

of the defendant, the nature of the offense, and the fines and penalty

imposed.

All fines and penalties collected for violations of this chapter by

courts operating pursuant to section thirty-nine of the judiciary law

shall be paid to the state commissioner of taxation and finance on a

monthly basis no later than ten days after the last day of each month.

2. The commissioner shall deposit all moneys received by him from the

sale of snowmobile publications and other services provided by the

office and all fees otherwise collected by him under this chapter to the

credit of the general fund.

State aid; snowmobile enforcement. 1. Every county, city, town

or village enforcing the provisions of this chapter relating to

snowmobiles shall be entitled to receive state aid as hereinafter

provided. A county, city, town or village seeking reimbursement for

expenditures incurred in enforcement of this article, including

expenditures incurred for signs and markers therefor, shall submit to

the commissioner by January first of each year an estimate of such

expenditures for the current fiscal year, in such form and containing

such information as the commissioner may require. Within one month after

the close of the fiscal year, each such county, city, town or village

shall submit to the commissioner a statement of authorized expenditures

actually incurred, in such form and containing such information as he

may require. For the purpose of this section, "fiscal year" shall mean

the period from April first through March thirty-first.

2. The amount of state aid to be allocated to counties, cities, towns

or villages shall be determined by the commissioner as hereinafter

provided. The commissioner shall determine the percentage proportion

which the authorized expenditures of each individual county, city, town

or village, but not exceeding fifty thousand dollars for each county

including the municipalities therein, shall bear to the total authorized

expenditures of all the counties, cities, towns or villages for

enforcement of such provisions during the fiscal year. Such percentage

proportion shall then be applied against an amount equal to twenty-five

percent of the amount received by the state in fees received for

registration of snowmobiles during such fiscal year, to the extent only

and not exceeding the sum of two hundred thousand dollars. The amount

thus determined shall constitute the maximum amount of state aid to

which each county, city, town or village shall be entitled. Provided,

however, that no county, city, town or village shall receive state aid

in an amount in excess of three-quarters of its authorized expenditures

as approved by the commissioner for such fiscal year. The commissioner

shall certify to the comptroller the amount thus determined for each

county, city, town or village as the amount of state aid to be

apportioned to such county, city, town or village.

State aid; snowmobile trail development and maintenance. 1.

Every county engaging and assisting in the development and maintenance

of a system of snowmobile trails and a program with relation thereto

within its boundaries in order to encourage safety, tourism and

utilization and, in the event a county does not undertake such a

program, or system of trails, any city, town or village within such

county which undertakes the same, shall be entitled to receive, in

accordance with rules and regulations to be promulgated by the

commissioner, state aid as hereinafter provided.

2. Notwithstanding any other provision of law to the contrary, the

commissioner shall establish a plan for the development and maintenance

of snowmobile trails and facilities in the various counties or where

applicable, cities, towns or villages of the state as may be appropriate

and shall take whatever action he or she deems necessary to foster and

promote the safe utilization of such trails and facilities; for these

purposes, he or she may draw upon the moneys deposited in the snowmobile

trail development and maintenance fund for expenses, including personal

services, as approved by the comptroller and is hereby authorized to

assign three employees of his or her office to carry out such

responsibilities and to pay their salaries, benefits and expenses out of

such fund.

3. Every county or, where applicable, any city, town or village within

such county, shall be eligible for a grant for the development and

maintenance of a system of snowmobile trails and a program with relation

thereto within its boundaries. Such grants shall be made by the

commissioner and may constitute up to one hundred percent of the cost of

such program including expenditures incurred for signs and markers of

snowmobile trails. Any county or, where applicable, any city, town or

village within such county, applying for such grant shall submit to the

commissioner by September first of each year an estimate of such

expenditures for the current fiscal year, in such form and containing

such information as the commissioner may require. No city, town or

village may apply for such grant where the county within which it is

contained has submitted an application for the same fiscal year. For the

purpose of this section, "fiscal year" shall mean the period from April

first through March thirty-first. The commissioner shall review all such

applications and shall determine the amount of state aid to be allocated

to each county or, where applicable, any city, town or village within

such county in accordance with the provisions of subdivision five of

this section. Of the amount the commissioner determines each county or,

where applicable, any city, town or village within such county is

eligible to receive, seventy percent shall be made available for

distribution by November first and thirty percent for distribution upon

demonstration of completion, submitted by June first, of the program.

4. Not more than thirty percent of the snowmobile trail development

and maintenance fund, as determined by the commissioner, shall be made

available to the commissioner and the commissioner of environmental

conservation for snowmobile trail development and maintenance on state

owned lands; provided, however, that any such maintenance and

development on forest preserve lands shall be undertaken in accordance

with the master plan for the management of state lands pursuant to

section eight hundred sixteen of the executive law.

5. The amount of state aid to be allocated to each county or, where

applicable, any city, town or village within such county, shall be drawn

upon the monies remaining in the snowmobile trail development and

maintenance fund after withdrawal pursuant to subdivisions two and four

of this section and shall be determined by the commissioner as

hereinafter provided. The commissioner shall determine the percentage

proportion which the authorized expenditures of each individual county

or, where applicable, any city, town or village within such county shall

bear to the total authorized expenditures of all the counties, cities,

towns or villages for snowmobile trail development and maintenance

pursuant to this section during the fiscal year. Such percentage

proportion shall then be applied against the amount received in

additional fees imposed by section 21.07 of this chapter for

registration of snowmobiles during such fiscal year, to the extent only

and not exceeding the balance of such fund remaining after the payment

of expenses as set forth in this section. The amount thus determined

shall constitute the maximum amount of state aid to which each county

or, where applicable, any city, town or village within such county,

shall be entitled. The commissioner shall certify to the comptroller the

amount thus determined for each county or, where applicable, any city,

town or village within such county, as the amount of state aid to be

apportioned to such county or, where applicable, any city, town or

village within such county.

Transfer of powers, functions, duties, employees and property.

The powers, functions, duties, employees and property of any trust or

commission abolished by this act, of any council or commission continued

by this act, unless otherwise provided, or of the office of parks and

recreation, are hereby continued in or transferred to the office, as

continued by this act.

Continuity of authority. For the purpose of succession to all

functions, powers and duties transferred to the office by the provisions

of this act, the office shall be deemed and held to constitute the

continuation of the board, trust, council or commission from which such

functions, powers and duties were so transferred.

Completion of unfinished business. Any business or other

matter undertaken or commenced by any board, trust, council or

commission pertaining to or connected with the functions, powers and

duties transferred to the office by the provisions of this act, and

pending on the effective date of this act, may be conducted and

completed by the office in the same manner and under the same terms and

conditions and with the same effect as if conducted and completed by

such board, trust, council or commission.

Continuance of rules and regulations. All rules, regulations,

acts, ordinances, determinations and decisions of any board, trust,

council or commission pertaining to the functions, powers and duties

transferred to the office, in effect at the time of such transfer, shall

continue in force and effect as rules, regulations, acts, determinations

and decisions of the office until duly modified or abrogated by the

commissioner.

Terms occurring in laws, contracts and other documents. 1.

Whenever the conservation commissioner or the conservation department is

referred to or designated in any law, contract or document pertaining to

the functions, powers, obligations and duties previously transferred and

assigned to the office of parks and recreation, and whenever the

commissioner of parks and recreation or the office of parks and

recreation is referred to or designated in any law, contract or document

heretofore or hereafter executed, enacted or adopted, such reference or

designation shall be deemed to refer to the commissioner of parks,

recreation and historic preservation or the office of parks, recreation

and historic preservation, respectively.

2. Whenever any board, trust, council or commission is referred to or

designated in any law, contract or document pertaining to the functions,

powers and duties transferred to the office by this act, such reference

or designation shall be deemed to refer to the commissioner.

Existing rights and remedies preserved. No existing right or

remedy of any character shall be lost, impaired or affected by reason of

this act.

Pending actions and proceedings. No action or proceeding

pending at the time when this act shall take effect, brought by or

against any board, trust, council or commission and pertaining to any

function, power or duty transferred to the office by this act, shall be

affected by any other provision of this act, but the same may be

prosecuted or defended in the name of the commissioner or the office,

and upon application to the court, the commissioner or office shall be

substituted as a party.

Savings clause. If any provision of this act shall for any

reason be adjudged by any court of competent jurisdiction to be invalid,

such judgment shall not affect, impair or invalidate the remainder

thereof but shall be confined in its operation to the clause, sentence,

paragraph or part thereof directly involved in the controversy in which

such judgment shall have been rendered.

Definitions. Whenever used in this title, unless a different

meaning clearly appears from the context, the terms listed below shall

have the following meanings:

1. "Advisory council" shall mean the state heritage areas advisory

council established under article thirty-three of this title.

2. "Heritage area" shall mean a definable urban or regional area of

public and private uses ranging in size from a portion of a municipality

to a regional area with a special coherence, such area being

distinguished by physical and cultural resources (natural and/or man

made including waterways, architecture, or artifacts reflecting a period

of style or cultural heritage) which play a vital role in the life of

the community and/or region and contribute through interpretive,

educational and recreational use to the public. A heritage area may

include traditional parks (pleasure grounds set apart for recreation of

the public) and historic places or property on the national or state

register of historic places but the term heritage area shall not be

deemed to mean a park or historic place as those terms are used in other

provisions of law including those relating to alienation of park land

and regulation of public or private activities. Such other provisions of

law shall continue to apply to the specific parks and historic places

within a heritage area. The term heritage area shall be deemed to mean

and include areas that have been previously designated as urban cultural

parks and heritage corridors or other similar names applied to areas of

special concern fitting the definition of heritage area in this

subdivision.

3. "Management plan" or "plan" shall mean a document prepared in

conformance with the provisions of section 35.05 of this title which

includes, but is not limited to, a comprehensive statement in words,

maps, illustrations, or other media of communication, setting forth

objectives, policies, and standards to guide public and private uses for

the preservation, interpretation, development, and use of cultural,

historic, natural, and architectural resources of a heritage area.

4. "State designated heritage area" shall mean a heritage area

designated in section 35.03 of this title for its statewide

significance.

5. "State agency" shall mean any state department, agency, board or

commission of the state, or a public benefit corporation or public

authority at least one of whose members is appointed by the governor.

6. "System" means the New York system of heritage areas established

pursuant to section 35.01 of this title.

Declaration of policy. The urban and regional areas of the

state are rich in cultural and natural resources of statewide

significance associated with our growth and attainments over time. These

resources offer educational, inspirational and recreational benefits for

present and future generations. It is hereby declared to be the policy

of the state to preserve these resources through their identification,

interpretation, development and use in a system made up of state

designated heritage areas.

It is further the policy of the state to improve and coordinate the

plans, functions, powers and programs of the state, as they affect its

urban and regional cultural and natural resources, in cooperation with

the federal government, regions, local governments and other public and

private organizations and concerned individuals.

New York state heritage areas advisory council. There shall

continue to be in the office a New York state heritage areas advisory

council which shall consist of twenty-six members or their designated

representatives. The commissioner shall be a member of the advisory

council. In addition, the advisory council shall consist of the

following twenty-five other members: the commissioner of economic

development, to advise and assist regarding related tourism and economic

revitalization; the commissioner of education, to advise and assist

regarding the interpretive and educational aspects of the programs; the

secretary of state, to advise and assist regarding matters of community

development and state planning and to advise on the identification and

preservation of rural resources; the commissioner of transportation, to

advise and assist regarding matters of transportation to and within

heritage areas; the president of the New York state urban development

corporation, to advise and assist regarding matters of economic

development; the commissioner of environmental conservation, to advise

and assist regarding matters of conservation and use of natural

resources; the chairman of the state board for historic preservation, to

advise and assist in matters regarding historic preservation; the

commissioner of housing and community renewal to advise and assist

regarding neighborhood and community development and preservation

programs; the president and chief executive officer of the power

authority of the state of New York regarding the operation of the New

York state canal system; the commissioner of agriculture and markets

regarding agriculture in heritage areas; a representative of the State

Heritage Area Association; the director or chief executive officer of

the Hudson River National Heritage Area, the Erie Canalway National

Heritage Corridor, the Champlain Valley National Heritage Partnership

and the Niagara Falls National Heritage Area; and ten members to be

appointed by the governor, three of such members shall be municipal

officers, elected officials or representatives of local government

interest and seven of such members shall be, by professional training or

experience or attainment, qualified to analyze or interpret matters

relevant to the establishment and maintenance of state designated

heritage areas including urban cultural parks and heritage corridors,

one of whom shall be the director of a heritage area. Of these last

seven, two are to be appointed from names recommended by the majority

leader of the senate, two are to be appointed from names recommended by

the speaker of the assembly, one is to be appointed from names

recommended by the minority leader of the senate and one is to be

appointed from names recommended by the minority leader of the assembly.

The governor may designate such ex-officio members who shall be from the

executive department, state agencies or public corporations as he or she

deems appropriate; provided that such ex-officio members shall not vote

on matters before the advisory council. For the ten members appointed by

the governor, each shall hold office for a term of five years and until

his or her successor shall have been appointed or until he or she shall

resign. The members of the advisory council shall elect a chair from

amongst its members for a term of three years. Eleven members of the

advisory council shall constitute a quorum for the transaction of any

business at both regular and special meetings. Any ex-officio member may

delegate all his or her duties of membership, including voting rights,

to an officer or employee of such member's organization. No member shall

receive any compensation.

Jurisdiction, functions, powers and duties. In addition to any

other powers, functions and duties conferred upon it by this title, or

other provisions of law, the advisory council shall:

1. Meet at least twice each year to provide information and review the

activities within the state heritage areas conducted pursuant to this

title.

2. Assist as specified in this title in coordinating state actions

with the objectives of the system, and to assist and make such

recommendations as are necessary to carry out the purposes of this

title.

3. Review complaints made by local governments or other entities

established by law to administer heritage areas relating to activities

undertaken by state agencies which may adversely affect heritage area

resources and make recommendations with respect thereto.

4. Submit reports to the governor, not less than once a year,

concerning progress toward implementing the system, including

recommendations for the future.

5. Exercise and perform such other advisory functions, powers and

duties related to the planning, development and management of the system

as may be appropriate.

Establishment of The New York system of heritage areas. In

accordance with provisions of this title there is hereby established The

New York system of heritage areas to consist of state designated

heritage areas including urban cultural parks and heritage corridors

that reflect the cultural themes of the state's development and will

provide educational, inspirational, economic and recreational benefits

for present and future generations.

State designated heritage areas; boundaries. 1. The

legislature hereby designates the following historic settings of the

state that have been identified for their statewide significance in the

plan for a statewide system of urban cultural parks prepared pursuant to

chapter seven hundred twenty-seven of the laws of nineteen hundred

seventy-seven or that have been subsequently identified and which, upon

completion of required management plans and their approval by the

commissioner, shall be state designated heritage areas:

(a) The cohesive geographical area within the city of New York,

including lower Manhattan or portions thereof and appropriate coastal

portions of Brooklyn and Staten Island, associated with and revealing of

the development of maritime trade and immigration;

(b) The cohesive geographical area within the village of Ossining,

Westchester county, associated with and revealing of the nineteenth

century public health and prison reform activities;

(c) The cohesive geographical area of the city of Kingston, Ulster

county, associated with and revealing of the growth and prosperity of a

river port shaped by regional modes of transportation;

(d) The Hudson-Mohawk urban cultural park established by the cities of

Troy, Cohoes, Watervliet, the villages of Green Island and Waterford and

the towns of Waterford and Colonie and recognized by section 13.27 of

this chapter;

(e) The cohesive geographical area of the city of Saratoga Springs,

Saratoga county, associated with and revealing of its development as a

nineteenth century health and cultural resort;

(f) The cohesive geographical area of the city of Schenectady

associated with both the city's settlement in the seventeenth and

eighteenth centuries and its growth as a center for electrical and

broadcasting development;

(g) The cohesive geographical area of the village of Whitehall,

Washington county, associated with and revealing of its crucial role

during the French and Indian Wars, the American Revolution and the War

of 1812 and with the development of the American Navy;

(h) The cohesive geographical area including all or parts of the

counties of Broome and Tioga associated with and revealing the natural

features and historic development including the topographical and

agricultural landscape, Native American settlement, the revolutionary

frontier, early industries, labor practices, manufacturing and

innovation, immigration and migration;

(i) The cohesive geographical area of the city of Rochester, Monroe

county, including the Genesee River Gorge associated with and revealing

of the periods of the cities' growth related to use of the river;

(j) The cohesive geographical area of the village of Seneca Falls,

Seneca county, associated with and revealing of the community's place in

the development of the women's rights movement;

(k) The cohesive geographical area of the city of Syracuse, Onondaga

county, including Hanover and Clinton Squares associated with and

revealing of the growth of business and finance;

(l) The cohesive geographical area of the city of Buffalo, Erie

county, associated with and revealing of an historic role as a center

for entertainment and culture at the frontier; and

(m) The cohesive geographical area of the village of Sackets Harbor,

Jefferson county, associated with and revealing of the community's role

as the headquarters for the defense of the American northern frontier.

(n) The cohesive geographical area of the city of Albany, Albany

county, including the Hudson River waterfront, associated with and

revealing an historic role as a geographical crossroads and capital

city.

(o) The cohesive geographical area including all or parts of the

counties of Oneida, Herkimer, Montgomery, Fulton, Schenectady,

Schoharie, Saratoga and Albany associated with and revealing the natural

features and historic development including Native American settlement,

the colonial period and industrialization of the region commonly known

as the Mohawk Valley region, provided that the area shall not include

land within the Adirondack park as defined in section 9-0101 of the

environmental conservation law.

(p) The heritage area within the counties of Nassau and Suffolk

encompassed by (i) beginning at the point where state route twenty-five

intersects the border between Queens and Nassau counties, then east

along said route to the intersection of route four hundred ninety-five,

then east along route four hundred ninety-five until said route

intersects route twenty-five, then east along route twenty-five to the

western border of the town of Southhold, then south from said border to

the waters of the Peconic Bay, continuing north along the shoreline to

the eastern terminus of Orient Point, then north to the border of the

states of New York and Connecticut, then west along said state border to

the border between Nassau and Westchester counties, continuing to the

southwest to the border between Queens and Nassau counties and then

southeast to the point of origin; including therein natural and cultural

features associated with and revealing significant early American

history including the American Revolution, the development and special

character of the historic maritime communities, and the historic

mansions and other architecturally significant built structures that

distinguish or are characteristic of the north shore of Long Island,

(ii) the state route twenty-five-A corridor geographically from Great

Neck to Port Jefferson associated generally with significant early

American history including, but not limited to, the visit to this area

by General George Washington as well as the overall scenic, aesthetic,

historic, cultural and physical character of this road and the historic

communities and landscapes that it connects, and (iii) such historic

sites or natural features that may exist outside of the boundaries

described in subparagraph (i) of this paragraph, which are appropriate

for inclusion by thematic and cultural linkage which are unanimously

recommended by the planning commission for such inclusion subject to

final approval by the commissioner.

(q) The cohesive geographical area including all or parts of the

counties of Erie, Monroe, Niagara, Orleans and Wayne associated with and

revealing the natural features and historic development including Native

American settlement, the longest remaining sections of the original

alignment of the Erie Canal, Erie Canal lift bridges, and

industrialization of the region commonly known as the Western Erie Canal

region.

(r) The Heights heritage area encompassing the cohesive geographic

area of West Harlem within the city of New York, including a southerly

boundary of one hundred twenty-second street, a northerly boundary of

two hundred eighteenth street, an easterly boundary of Highbridge Park

and tenth avenue, and a westerly boundary of the appropriate riverside

portions along the Hudson River, associated and revealing the historic

development of maritime history, military war history and the northern

Manhattan migration.

(s) The cohesive geographical area including all or parts of the

county of Chautauqua associated with and revealing grape growing,

processing and the unique local grape culture, including stewardship and

development of the wine and juice industries, of the region commonly

known as the Lake Erie concord grape belt region.

(t) The Michigan Street African American heritage corridor

encompassing the geographical corridor of the east side of downtown

Buffalo, Erie county, located between Broadway, Eagle, Elm and Nash to

William street, William street (east) to Pine street, and Pine street

(south) to Eagle, which includes the J. Edward Nash House, the Michigan

Street Baptist Church, and the Colored Musicians Club, associated with

and revealing of an historic role as the center of African American

history, culture, and reform activities, and such other historic sites

that may exist outside the boundaries described herein which are

appropriate for inclusion by thematic and cultural linkage which are

recommended by the commission subject to final approval by the

commissioner.

(u) The cohesive geographic area of the city of Niagara Falls, Niagara

County, associated with and revealing of the community's place in the

development of the underground railroad and abolitionist movements and

other reform activities.

(v) The cohesive geographic area of the Peconic Bay region in the

county of Suffolk, as defined in paragraph (a) of subdivision one of

section sixty-four-e of the town law, associated with and revealing the

region's place in colonial history; the American Revolution;

African-American history and culture, including but not limited to

slavery, the underground railroad, abolition, and post-World War II

traditional communities; military history; Native American culture and

history, including but not limited to the Shinnecock and Montaukett

Indians; maritime, agricultural, commercial and industrial activities;

culture and the arts; and scenic, aesthetic, natural and physical

features.

(w) The Scajaquada heritage area, encompassing the cohesive geographic

area of the city of Buffalo surrounding and associated with the

Scajaquada creek.

2. The boundaries for each state designated heritage area shall be the

boundaries depicted on the map accompanying each such management plan

upon its approval by the commissioner. The commissioner, with the

approval of the local legislative body of a city, town or village where

the property to be added or removed is located, may amend or revise

state designated heritage area boundaries after their initial approval

after publication of a revised drawing or other boundary description in

the state register. Boundary maps for each state designated heritage

area shall be kept on file at the office of parks, recreation and

historic preservation and at the office of the county clerk where the

state designated heritage area is located.

3. Any area designated to be a state designated heritage area under

subdivision one of this section, that has not had a management plan

approved by the commissioner within four years of designation pursuant

to this section shall be considered as no longer so designated. In each

case where such a four year period expires, the commissioner shall

notify the governor and the legislature in writing of the reasons why a

management plan was not approved.

4. The commissioner, in cooperation with the advisory council, may on

an ongoing basis, evaluate areas of the state as potential heritage

areas with regard to their statewide significance and the policies of

this title. The commissioner may establish guidelines for evaluating

eligibility including the statewide significance of the resource and the

local capability to participate in a state-local partnership for

management of a state designated heritage area. Recommendations of areas

identified as eligible for state designation shall be submitted by the

commissioner to the legislature with the commissioner's evaluation of

such areas.

Management plan. 1. For each area designated in subdivision

one of section 35.03 of this article the commissioner shall request

preparation by the appropriate local governmental or heritage area

planning entity of a comprehensive management plan as hereinafter

provided. The commissioner shall fully cooperate and be consulted in

preparation of such plan and shall ensure that relevant private

interests are consulted. Such plan shall be deemed to be the plan for

both state and local government. Each such plan shall be completed and

submitted to the commissioner for his or her approval as provided in

subdivisions three and four of section 35.03 of this article.

2. The commissioner may require the chief executive officer of each

local government with general jurisdiction over all or a portion of a

designated area to identify a local official or local agency to be the

agent for the local government in coordinating the preparation of the

management plan and to appoint a local heritage area advisory committee

representative of local civic, commercial, historic preservation,

educational, recreational and conservation interests to advise the

commissioner and local government during preparation of the management

plan. At least one public hearing on a draft management plan shall be

held in each designated area.

3. The local legislative body of each city, town or village within a

designated area except that for the area designated pursuant to

paragraphs (h), (o) and (q) of subdivision one of section 35.03 of this

article the legislative body of each county included in whole or in part

within the area must approve the management plan before it is submitted

to the commissioner for its approval. Each such plan shall be completed

and submitted to the required local legislative bodies for approval and

to the commissioner within forty-five days of the local approval.

4. Management plans shall be the fundamental document defining the

goals and boundaries for each state designated heritage area, and the

means for the area's implementation and management. A management plan

shall include, but need not be limited to:

(a) The boundaries of the heritage area set forth in text and depicted

on a map. Areas or zones within the heritage area shall be identified

for particular nature and intensity of use including those zones most

appropriately devoted to public use and development by state or local

government and private use. Boundaries shall be located as deemed

necessary or desirable for the purposes of resource protection, scenic

integrity, and management and administration in furtherance of the

purposes of this title and the estimated cost thereof;

(b) An inventory and designation of the natural and cultural resources

within the heritage area;

(c) Statement of the goals and objectives of the heritage area;

(d) Identification of the types of uses, both public and private, to

be accommodated and their linkages to the overall statewide system;

(e) Identification of properties, if any, to be acquired;

(f) Description of the interpretive and educational exhibits and

programs to be undertaken;

(g) Description of the program for encouraging and accommodating

visitation to the heritage area;

(h) An economic assessment of the long and short term costs and

benefits related to the establishment, operation and maintenance of the

heritage area, including comprehensive estimate of the costs of

implementing the management plan identified by source of funding and

specifically delineating expected state, local, federal and private

contributions;

(i) Description of the techniques or means for the preservation and

protection of the natural and cultural resources within the heritage

area including the means such as appropriate local legislation for

designation and protection of historic properties or natural areas to

assure that future local actions will be consistent with established and

agreed upon preservation standards or criteria;

(j) Description of the organizational structure to be utilized for

planning, development and management of the heritage area, including the

responsibilities and interrelationships of local, regional and state

agencies in the management process and a program to provide maximum

feasible private participation in the implementation of the management

plan. Such organizational structures may include but not be limited to

utilization of existing state and local agencies for administrative and

finance purposes through contracts and letters of agreement between

state and local agencies or, where necessary, proposed legislation for

new entities to administer and finance implementation of a management

plan; and

(k) A schedule for the planning, development and management of the

heritage area.

5. Each management plan must demonstrate that the capability exists at

the local level to implement and manage the heritage area including, but

not limited to, the ability to:

(a) Accept and disburse funds;

(b) Acquire, improve, and dispose of property;

(c) Manage, operate, and maintain appropriate heritage area facilities

identified as being of local responsibility without state financial

assistance; and

(d) Promulgate and enforce land use and preservation criteria and

standards as required to protect the resources within each heritage

area.

5-a. The management plan for the heritage area established by

paragraph (s) of subdivision one of section 35.03 of this article shall

authorize state agencies and the county of Chautauqua to collaborate and

cooperate with governmental entities in the state of Pennsylvania with

regard to the stewardship and development of the grape wine and juice

industries within such state and the heritage area established by such

paragraph. The collaboration and cooperation authorized by this

submission shall include, but not be limited to, joint project planning

and grant funding.

6. Selected individual requirements or portions thereof for the

management plan submissions may be waived by the commissioner provided

that prior submissions to the office during a previous planning process

are judged to provide sufficient data to fulfill the purpose of the

management plan, except that in no case shall the requirements of

paragraph (h) of subdivision four or of subdivision five of this section

be waived.

7. The commissioner shall review and approve acceptable management

plans for state designated heritage areas, and proposed changes or

amendments to a previously approved management plan. Such approval shall

be based upon the plan's consistency with the policy and goals of this

title generally and particularly to its attainment of resource

protection and the provision of educational, recreational, preservation,

economic and cultural benefits for the public at large. The commissioner

shall tender in writing such approval or a denial of approval with

written reasons therefor within ninety days after receipt of the locally

approved management plan or change or amendment thereto. If there has

been a denial of approval, a revised management plan, change or

amendment may be submitted to the commissioner.

8. Approval of the management plan by the commissioner shall:

(a) Establish eligibility for the receipt of acquisition, development

and programming assistance from the state within the defined heritage

area boundaries;

(b) Establish those properties defined in the management plan as

significant for consideration for eligibility for the state register of

historic places; and

(c) Require, for continuance in the program, appropriate local action

to protect and safeguard the defined resources in the heritage area.

9. The commissioner may, after holding a public hearing in the state

designated heritage area subject to review, withdraw approval of a

management plan where he or she finds that the local government with

immediate general jurisdiction over all or a portion of such heritage

area has taken actions which have had a significant adverse impact upon

heritage area resources or has generally failed to implement its role

under a management plan. When approval has been withdrawn, the heritage

area shall no longer be deemed to be state designated. The commissioner

shall report such withdrawal of approval to the governor and the

legislature stating the reasons for such action.

State agencies; coordination and cooperation. 1. The

commissioner, in carrying out his functions and responsibilities under

this title, shall consult with, cooperate with, and, to the maximum

extent practicable, coordinate his activities with other interested

state agencies.

2. The following officers of state agencies with program

responsibilities that affect aspects of the interpretation,

preservation, development and use of heritage areas resources shall

prepare a program statement which shall detail actions in the areas of

planning, development, use, assistance and regulation that can support

and assist the establishment and management of state heritage areas:

(a) Commissioner of parks, recreation and historic preservation

regarding the state historic preservation program and for outdoor

recreation;

(b) Commissioner of economic development regarding the state tourism

program and economic development activities;

(c) Commissioner of environmental conservation regarding the

management of natural resources within heritage areas;

(d) Commissioner of education regarding educational resources and

their interpretation;

(e) Commissioner of transportation regarding access and transportation

within state designated heritage areas;

(f) Secretary of state regarding neighborhood preservation programs,

the coastal zone management program and other planning and community

development programs administered by the department of state, and

regarding its activities for identifying and preserving rural resources;

(g) Commissioner of the office of general services regarding the

management and disposition of state property;

(h) Commissioner of the division of housing and community development

regarding housing and neighborhood programs;

(h-1) President and chief executive officer of the power authority of

the state of New York regarding operation of the New York state canal

system;

(h-2) Commissioner of agriculture and markets regarding agriculture in

heritage areas;

(i) Director of the office of urban revitalization regarding its

activities for the revitalization of urban areas.

Such statements and revisions thereto shall be submitted to the

heritage areas advisory council.

3. Where there is an approved management plan in effect, any state

agency conducting, funding or approving activities directly affecting a

heritage area shall consult with, cooperate with, and coordinate its

activities with the office and the appropriate local government. Any

such state agency shall conduct or support such activities in a manner

which is, to the maximum extent practicable, consistent with the

approved management plan and reviews to determine consistency of state

proposed actions with individual management plans. The heritage area

program shall be incorporated as part of the reviews of actions pursuant

to the state environmental quality review act as provided in article

eight of the environmental conservation law and the New York state

historic preservation act of 1980. The office shall review and comment

in writing upon the statement and effects on a state designated heritage

area or the heritage area program, made pursuant to section 8-0109 of

the environmental conservation law or section 14.09 of this chapter.

Acquisition of property. The acquisition of interests and

rights in real property for heritage area purposes of preservation,

education, recreation or economic development within any state

designated heritage area shall constitute a public purpose for which

public funds may be expended or advanced.

Grants and technical assistance. 1. Within the amounts

appropriated and available therefor, the commissioner may award a grant

or grants to local governments or other appropriate entities for

planning, design, acquisition, development and programming of heritage

areas. The sharing limitations under this section shall not apply to any

other state grant program or assistance which may be available to state

designated heritage areas.

2. Planning grants may be made by the commissioner to communities

identified under section 35.03 of this article. Such planning grants to

municipalities will be for the purpose of assisting localities to

prepare management plans and may cover up to fifty percent of the

management plan cost. The state share must be matched by local funds or

approved in-kind contributions.

3. Acquisition and development grants may be made by the commissioner

to local governments or to other entities as authorized following

approval of a management plan for the heritage area for which the grant

will be used. Such grants shall be for the purpose of implementing the

heritage area program in conformance with the approved management plan

and may be used for project design, acquisition and development of real

property and interests therein. No such acquisition or development grant

shall exceed ten percent of the total project cost for which it is

awarded and furthermore, local contributions must equal or exceed such

grants.

3-a. Program grants may also be made by the commissioner to such local

governments or authorized entities to develop and present interpretive

exhibits, materials or other appropriate products in the furtherance of

the educational and recreational objectives of the heritage areas

program and to encourage urban revitalization of, and reinvestment in,

heritage area resources. Program grants may cover up to twenty-five

percent of the estimated project cost, and the state share must be

matched by local funds or other non-state funds.

4. The commissioner may contract with state agencies to provide for

projects, services and programs which encourage appreciation of heritage

area resources or for any planning, transportation, or other services

necessary to carry out the purposes of this title.

5. The commissioner shall, to the extent practicable, provide

technical assistance in areas including recreation and preservation

planning to management entities implementing a management plan.

Local or regional heritage areas. The legislature finds and

declares that the heritage area approach to the identification,

preservation, development and use of the important natural and historic

resources in urban or regional settings is a valuable means to increase

public educational and recreational opportunities and generally enrich

the quality of life within a community or region. Therefore, the

commissioner and officials of other state agencies may encourage local

efforts to establish heritage areas around heritage area resources of

local or regional significance. The commissioner may relate or integrate

local and regional heritage areas into a statewide system of state

designated heritage areas.

Preservation of heritage area resources. 1. The commissioner

shall establish, with the advice of the advisory council and the local

officials from communities designated in section 35.03 of this article,

standards and criteria for preservation of resources within heritage

areas. At least one public hearing shall be held to solicit comment on

the proposed standards and criteria prior to their adoption.

2. Concurrent with the approval of management plans the office shall

determine that local governments in each heritage area have enacted

preservation measures sufficient to insure that these standards shall be

achieved.

Legislative findings and intent. The Niagara River corridor is

of unique ecological, cultural and economic importance to western New

York connecting Lake Erie and Lake Ontario communities and ecologies.

This corridor has played an important role in the history of the Niagara

Frontier and it can and should continue to define the western New York

experience into the twenty-first century. Niagara Falls is a National

Natural Landmark under state stewardship for more than a century that

draws more than fourteen million visitors from throughout the world to

the region each year. The cities of Niagara Falls and Buffalo are at the

heart of the river corridor where much of their waterfront has in the

past been dedicated to industrial uses. During the last few decades

those uses have begun to wane and there is now an opportunity to

redefine the waterfront in a way that creates a balance of economic

interests with a welcoming waterfront environment. For more than a

century there have been those who have expressed a vision for the

Niagara river corridor of a necklace of open space and conservation

areas spread along the river. With many areas no longer being used for

heavy industry it is now time to complete that vision. Many areas have

established parks along the corridor including eleven state parks and

fourteen local parks. New York state's only National Scenic Byway, the

Seaway Trail, runs through the entire corridor. It is the intent of the

legislature to establish the Niagara river greenway commission as a

cooperative regional organization established to work with participating

state agencies, municipalities, organizations and residents in order to

implement or cause to be implemented a linear system of parks and

conservation areas that will, consistent with the purpose of the

commission as set forth in this article, redefine the Niagara riverfront

by increasing landside access to the river; creating complementary

access to the greenway from the river; augmenting economic

revitalization efforts, and celebrating the region's industrial

heritage.

Definitions. Whenever used in this article, unless a different

meaning clearly appears from the context, the terms listed below shall

have the following meanings:

1. "Niagara river greenway" or "greenway" shall mean a linear system

of state and local parks and conservation areas linked by a network of

multi use trails within the greenway area established by an approved

plan of the commission as provided for in this article.

2. "Niagara river greenway commission" or "commission" shall mean the

Niagara river greenway commission created pursuant to this article.

3. "Municipality" means a county, city, town, village or local public

benefit corporation located adjacent to the Niagara river.

4. "Chief elected official" shall mean the chief executive officer of

a municipality, or if there is none, any other officer possessing

similar powers and duties.

5. "Conservation area or areas" shall mean lands which are of

ecological or recreational importance but shall not include state or

local parks. Such lands may include but are not limited to wetlands,

preserves, trails, riverfront walks and such private lands as may be

dedicated by the land owner for the purposes of the greenway.

Niagara river greenway commission. 1. The Niagara river

greenway commission is hereby established to be a body corporate and

politic constituting a public benefit corporation. The commission shall

consist of up to fourteen voting members. The governor shall appoint

eight voting members as follows: four voting members shall be appointed

by the governor solely in his discretion; two voting members shall be

appointed following the recommendation of the temporary president of the

senate; and two voting members shall be appointed following the

recommendation of the speaker of the assembly. One appointee recommended

by the temporary president of the senate shall be a local elected

official of a municipality adjacent to the Niagara river and shall serve

as the chairperson of the local government advisory committee created

pursuant to this article. One appointee recommended by the speaker of

the assembly shall represent local interests and shall serve as the

chairperson of the citizens' advisory committee created pursuant to this

article. All appointments shall be residents of a municipality adjacent

to the Niagara river. In addition, six voting members shall serve ex

officio: the secretary of state, the commissioners of parks, recreation

and historic preservation, environmental conservation, transportation,

and economic development, and the chairperson of the power authority of

the state of New York, or their designees. The governor shall designate

a chairperson for the commission.

2. The term of office for appointees shall be four years. Members may

serve on the commission until they resign or are replaced. In the event

of a vacancy occurring other than by the expiration of a member's term,

such vacancy shall be filled for the balance of the unexpired term in

the same manner as the original appointment.

3. A majority of the members of the commission shall constitute a

quorum.

4. The members of the commission shall receive no compensation for

their services, but shall be entitled to reimbursement for their

expenses actually and necessarily incurred in the performance of their

duties.

5. Notwithstanding any inconsistent provisions of law, general,

special, or local, no officer or employee of the state or any civil

division thereof, shall be deemed to have forfeited or shall forfeit his

or her office or employment by reason of his or her acceptance of

membership on the commission.

6. At the initial meeting, the commission shall elect officers, who

shall serve at the pleasure of the commission.

7. The commission shall meet at least once every two months until

approval of the plan by the commissioner as provided pursuant to section

39.07 of this article, and at least once every quarter thereafter.

8. Every state agency and public corporation having jurisdiction of

land within municipalities adjacent to the Niagara river shall, to the

fullest extent practicable, cooperate and assist the commission in

carrying out the provisions of this article.

9. Every local agency with programs relating to the greenway may offer

assistance to the commission in carrying out the provisions of this

article.

Commission purpose. The purpose of the commission is to

undertake all necessary actions to facilitate the creation of a Niagara

river greenway. The commission shall develop a plan and generic

environmental impact statement for the creation of the greenway designed

to enhance waterfront access, complement economic revitalization of the

communities along the river, and ensure the long-term maintenance of the

greenway. The plan shall:

1. Recommend the specific boundaries of the greenway within Erie and

Niagara counties;

2. Develop a specific vision for the greenway that focuses on linking

parks and conservation areas, creating a multi-use venue for the people

of the region, and enhancing the tourism potential of the region;

3. Include an inventory of existing park and other lands under the

jurisdiction of state agencies, public corporations and municipalities

which may contribute to the purposes of a greenway;

4. Identify such other lands that through acquisition, dedication or

redevelopment may contribute to the purposes of a greenway;

5. Identify existing plans and plans under development that can

contribute to the purposes of the greenway;

6. Conduct economic analyses of the costs to construct, maintain and

market the greenway as part of a strategy for implementation;

7. Consider how the region's industrial heritage can be celebrated and

reflected along the greenway;

8. Recommend how the greenway could be linked to upland and interior

communities in order to promote linkages to the river;

9. Consider how existing and proposed economic development activities

in proximity to the greenway can support and complement the greenway;

10. Recommend cooperative efforts with the province of Ontario and the

nation of Canada in furtherance of the objectives of this article;

11. Identify local, state, federal and private sources of funding that

could support the purposes of the greenway;

12. Evaluate local, state and federal laws and regulations relating to

the purposes of the greenway;

13. Identify ways for the commission to work cooperatively with

municipal, state and federal agencies, public and private corporations,

not-for-profit organizations, and private property owners and interests

to advance and complement the purposes of the greenway;

14. Recommend how portions of the greenway would be managed including

a plan for on-going operation and maintenance that would make the

greenway self-supporting; and

15. Include any other information, data and recommendations which the

commission determines is necessary to support the purposes of the plan.

Such draft plan shall be submitted to the commissioner of parks,

recreation and historic preservation within two years of the effective

date of this article. The commissioner may approve the plan, may return

the plan to the commission with recommendations for approval, or may

reject such plan. Prior to submission of the draft plan to the

commissioner, the commission shall hold at least one public hearing on

the draft plan in each county for which the plan is applicable. The

local legislative body of each city, town or village within the

boundaries designated by the draft plan must approve the plan following

the public hearing or hearings and before it is submitted to the

commissioner. A copy of the approved plan shall be provided to the

governor, the temporary president of the senate and the speaker of the

assembly.

Powers and duties of the commission. The commission shall have

the following powers:

1. To sue and be sued;

2. To have a seal and alter the same at its pleasure;

3. To acquire, hold and dispose of personal property for its corporate

purposes;

4. To make by-laws for the management and regulation of its affairs;

5. To appoint an executive officer, officers, agents and employees, to

prescribe their qualifications and to fix their compensation and to pay

the same out of funds of the commission;

6. To enter into contracts and leases, and to execute all instruments

necessary or convenient with any person, firm, partnership or

corporation, either public or private;

7. To accept gifts, grants, loans, or contributions from, and enter

into contracts or other transactions with, the United States and the

state or any commission of either of them, any municipality, any public

or private corporation, individual or other legal entity, and to use any

such gifts, grants, loans or contributions to advance any of its

corporate purposes;

8. To designate the depositories of its money;

9. To establish and re-establish its fiscal year;

10. To prepare an annual report on the conduct of its activities which

shall include a financial statement for that year and a work plan for

the next year which may include an estimate of the resources required to

complete the commission's activities to be sent to the governor, the

temporary president of the senate, the speaker of the assembly and the

chief elected official of each municipality adjacent to the Niagara

river;

11. To contract with the state as an independent body corporate;

12. To organize and meet with a committee of planners for

municipalities adjacent to the Niagara river regarding regional projects

and the provision of planning services;

13. To designate districts and routes for planning and project

purposes;

14. To create advisory committees to advise on matters of interest;

provided, however, there shall be created at a minimum a local

government advisory committee consisting of the chief elected official

of each municipality adjacent to the Niagara river, or their designee,

and a citizens' advisory committee consisting of representatives of

local civic, commercial, educational, recreational, and conservation

organizations; and

15. To do all things necessary or convenient to carry out its purposes

and exercise the powers expressly given in this article; provided,

however, that no power is provided to the commission to operate any

portion of the greenway, to impose operating standards upon any

component of the system, or to take property by eminent domain.

Designation. The Niagara river greenway is hereby designated

to include those lands of state agencies, public corporations, and

municipalities adjacent to the Niagara river as identified in the

approved plan of the commission.

Cooperation with municipalities, state agencies and public

corporations. 1. The commission is a cooperative regional organization

established to implement a greenway based upon the mutual assent and

participation of each municipality, state agency and public corporation

holding lands under its jurisdiction adjacent to the Niagara river. The

activities of the commission shall be coordinated with the local

planning and cultural and park activities of each municipality adjacent

to the Niagara river.

2. Each municipality, state agency or public corporation may provide

the commission with the services of its agents, employees and facilities

without charge to the commission. Persons serving as officers or

employees of the commission may be employees of a municipality and the

commission, and the commission may pay the municipality an agreed

portion of the compensation or costs of such officers or employees.

3. Nothing contained in this article shall be deemed to affect, impair

or supersede the provisions of any city charter, local law, rule or

other local requirements and procedures heretofore or hereafter adopted,

including, but not limited to, any such provisions relating to the

zoning and use of land.

Appropriations by municipalities. To effectuate the purposes

of this article, the local legislative bodies of any municipality may

appropriate and transfer to the commission moneys to be expended by the

commission to carry out its functions pursuant to this article.

State purpose. The development of a Niagara greenway plan is

considered a state purpose. Notwithstanding any law to the contrary, any

state agency or public corporation within amounts appropriated or

available therefore may offer assistance to the commission in support of

its corporate purpose through the lending of staff or other resources to

accomplish the purposes of this article.

State actions. Each state agency shall review its actions

within the greenway in relation to the consistency of such actions with

the approved Niagara river greenway plan.