NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3628
SPONSOR: Jones TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the
Mount Van Hoevenberg Olympic Sports Complex
PURPOSE:
This bill would amend the Environmental Conservation Law (ECL) to imple-
ment a constitutional amendment authorizing the Mt. Van Hoevenberg Olym-
pic Sports Complex on Forest Preserve lands in the Town of North Elba,
Essex County.
SUMMARY OF PROVISIONS:
Section 1 of this bill would amend Article 9 of the Environmental
Conservation Law by adding a new Title 22:
--ECL § 9-2201 would provide the legislative purpose and intent in
authorizing the use of the Mt. Van Hoevenberg Olympic Sports Complex as
a world class Nordic and biathlon Sports Complex.
--ECL § 9-2202 would define "appurtenances," and "Mt. Van Hoevenberg
Olympic Sports Complex."
--ECL § 9-2203 would allow not more than 322.26 acres of Forest Preserve
land to be used for the Olympic Sports Complex and requires unit manage-
ment plan authorization for new development and approval by the Adiron-
dack Park Agency.
--ECL § 9-2204 would require that no less than 2500 acres of land be
added to the Forest Preserve elsewhere in the Adirondack Park and
require legislative approval of the acquisition.
Section 2 of this bill would provide that this bill would take effect on
passage of a constitutional amendment authorizing legislation pertain-
ing, to the Mt. Van Hoevenberg Olympic Sports Complex located in part on
the lands of the State in Essex County.
JUSTIFICATION:
This legislation implements an amendment to Article XIV, Section 1 of
the Constitution which protects the integrity of the Forest Preserve by
constitutionally authorizing the existing Mt. Van Hoevenberg Olympic
Sports Complex and allowing for a limited expansion of the Nordic and
biathlon trails and appurtenances thereto, to comply with modem interna-
tional standards necessary for accommodating international Nordic skiing
and biathlon events. This legislation also implements that part of the
constitutional amendment which, as an offset to the total 322.26 acres
of land that could potentially be developed for the Olympic Sports
Complex, requires the addition of 2500 acres or more of land elsewhere
in the Adirondack Park.
The Mt. Van Hoevenberg Olympic Sports Complex traces its origins as far
back as 1929, when a bobsled run was built to accommodate the 1932 Olym-
pics. The entirety of the Olympic Sports Complex now includes portions
of the Nordic ski and biathlon trails and related facilities on Forest
Preserve lands, as well as portions of the Nordic ski and biathlon
trails and the bobsled run on land owned by the Town of North Elba over
which the State has an easement. The amendment and this legislation
apply to those portions of the Olympic Sports Complex that are located
on State Forest Preserve lands.
The constitutional amendment allows the construction, operation, and
maintenance of Nordic ski trails and "appurtenances thereto" on Olympic
Sports Complex lands on 322.26 acres of Forest Preserve land, but does
not define the term "appurtenances." This legislation defines "appurte-
nances" narrowly, clarifying that appurtenances include only those
structures and improvements which are directly related to and necessary
for the construction, operation, and maintenance, and public use of
modern Nordic skiing and biathlon facilities. The legislation also clar-
ifies that the amendment specifically excludes improvements such as zip
lines, hotels, condominiums, swimming pools, tennis courts and other
structures or improvements which are not directly related to and neces-
sary for operation, maintenance, and public use of the sports complex,
as well as structures located at or above 2200' feet in elevation above
sea level that would be used for the sale of any goods, services,
merchandise, food, or beverage.
The legislation also confirms that any new development at the facility
must be authorized through the unit management planning process. This
process includes State Environmental Quality Review Act review, and a
public review and comment period. As required by section 816 of the
Executive Law, unit management plans and amendments thereto are not
effective until and unless the Adirondack Park Agency finds that the
proposals contained therein conform with the Adirondack Park State Land
Master Plan. The public comment and review process and Adirondack Park
Agency Review will ensure that the construction, operation, and mainte-
nance of all facilities at the Olympic Sports Complex comply with the
terms of both the constitutional amendment and this implementing legis-
lation. The legislation repeats the requirement in the constitutional
amendment that, as an offset to the potential use of 322.26 acres of
Forest Preserve land for the Olympic Sports Complex, the State must
acquire at least 2500 acres of land for inclusion in the Forest
Preserve, and that the legislature must approve the acquisition. Thus,
the legislature will be able to ensure that the acreage requirement is
met and that the land being acquired is a suitable addition to the
Forest Preserve. In addition, ORDA has committed to request that the
Adirondack Park Agency reclassify approximately 200 acres of this
currently classified Intensive Use Area to Wilderness, making it part of
the adjacent High Peaks Wilderness Area. This will not only add addi-
tional acreage to this Wilderness area, but will decrease the footprint
of the existing Mt. Van Hoevenberg Intensive Use Area from 1240 acres to
approximately 1039 acres.
LEGISLATIVE HISTORY:
03/07/22 referred to environmental conservation
01/26/23 referred to environmental conservation
01/03/24 referred to environmental conservation
FISCAL IMPLICATIONS:
None, although the economy of the Lake Placid area and the State as a
whole will be benefited by the amendment.
EFFECTIVE DATE:
This bill would take effect upon passage of a constitutional amendment
pertaining to the Mt. Van Hoevenberg Olympic Sports Complex located in
part on lands of the State in Essex County.
STATE OF NEW YORK
________________________________________________________________________
3628
2025-2026 Regular Sessions
IN ASSEMBLY
January 29, 2025
___________
Introduced by M. of A. JONES -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
Mount Van Hoevenberg Olympic Sports Complex
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 9 of the environmental conservation law is amended
2 by adding a new title 23 to read as follows:
3 TITLE 23
4 THE MOUNT VAN HOEVENBERG OLYMPIC SPORTS COMPLEX
5 Section 9-2301. Legislative purpose and intent.
6 9-2302. Definitions.
7 9-2303. Construction, operation, and maintenance of the Mount
8 Van Hoevenberg Olympic Sports Complex.
9 9-2304. Land to be acquired for inclusion in the forest preserve
10 in the Adirondack park.
11 § 9-2301. Legislative purpose and intent.
12 1. It is the intent of the legislature to hereby implement the amend-
13 ment to section one of article fourteen, of the New York state constitu-
14 tion pertaining to the Mount Van Hoevenberg Olympic Sports Complex
15 located on forest preserve lands in the town of North Elba in Essex
16 County.
17 2. The legislature further intends that implementation of the consti-
18 tutional amendment should be accomplished in a manner that ensures the
19 integrity of the forest preserve land on which the sports complex is
20 situated and results in a significant increase of forest preserve acre-
21 age in the Adirondack park.
22 3. The legislature intends that, as offset for the use of forest
23 preserve lands for the sports complex, the state shall acquire as an
24 addition to the forest preserve at least two thousand five hundred acres
25 of true forest land located in the Adirondack park. To ensure that such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05554-01-5
A. 3628 2
1 lands will be acquired and have characteristics suitable for inclusion
2 in to the forest preserve, the legislature intends to review and approve
3 the acquisition of such lands.
4 4. For these reasons and as authorized by the provisions of section
5 one of article fourteen of the state constitution, the legislature finds
6 that it is in the public interest to hereby implement the constitutional
7 amendment pertaining to the Mount Van Hoevenberg Olympic Sports Complex.
8 § 9-2302. Definitions.
9 For purposes of this title, the following terms shall have the follow-
10 ing meanings:
11 1. "Appurtenances" shall mean those facilities that are directly
12 related to and necessary for the construction, operation, maintenance,
13 and public use of modern Nordic skiing and biathlon trails, such as
14 access roads, parking lots, sanitary facilities, offices, day lodges and
15 amenities, snowmaking, five kilometer of paved training trails, and an
16 open-air Nordic skiing and biathlon stadium. This term shall not
17 include:
18 (a) facilities such as zip lines, hotels, condominiums, swimming
19 pools, all-terrain vehicles or off-road vehicles for public use, tennis
20 courts and other structures and improvements which are not directly
21 related to and necessary for operation, maintenance, and public use of
22 the sports complex; or
23 (b) any structure located at or above an elevation of two thousand two
24 hundred feet above sea level used for the sale of any goods, services,
25 merchandise, food, or beverage.
26 2. "Mount Van Hoevenberg Olympic Sports Complex" means a one thousand
27 thirty-nine and two-tenths acre parcel of forest preserve land located
28 in the town of North Elba in Essex County on which the Mount Van Hoeven-
29 berg Olympic Sports Complex is currently located. For purposes of this
30 title, land owned by the town of North Elba which is located adjacent to
31 forest preserve land and over which the state has an easement, including
32 land on which the Olympic bobsled run is located, shall not be consid-
33 ered part of such sports complex.
34 § 9-2303. Construction, operation, and maintenance of the Mount Van
35 Hoevenberg Olympic Sports Complex.
36 Not more than three hundred twenty-two and twenty-six hundredths acres
37 of forest preserve land at the Mount Van Hoevenberg Olympic Sports
38 Complex may be used for the construction, operation, and maintenance of
39 Nordic skiing and biathlon trails, and appurtenances thereto. Any and
40 all development at the sports complex shall conform to guidelines set
41 forth in the Adirondack park state land master plan and shall be author-
42 ized by a unit management plan, as required by section eight hundred
43 sixteen of the executive law.
44 § 9-2304. Land to be acquired for inclusion in the forest preserve in
45 the Adirondack park.
46 As an offset for the use of forest preserve lands for the sports
47 complex, the state shall acquire no less than two thousand five hundred
48 acres of land for inclusion in the forest preserve in the Adirondack
49 park, subject to legislative approval. Such approval shall include a
50 metes and bounds description and an accurate survey of the lands
51 proposed for inclusion in the forest preserve.
52 § 2. This act shall take effect on the same date and in the same
53 manner as a "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing
54 an amendment to section 1 of article 14 of the constitution, in relation
55 to the Mount Van Hoevenberg Olympic Sports Complex in Essex County"
56 takes effect, in accordance with section 1 of article 19 of the consti-
A. 3628 3
1 tution. Effective immediately, the addition, amendment and/or repeal of
2 any rule or regulation necessary for the implementation of this act on
3 its effective date are authorized to be made and completed on or before
4 such effective date.
