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A04328 Summary:

BILL NOA04328A
 
SAME ASSAME AS S07071
 
SPONSOREnglebright
 
COSPNSRLupardo, Solages, Rosenthal L, Galef, Otis, Griffin, Barnwell, Burdick, Fahy, Lunsford, Glick
 
MLTSPNSRAbbate, Cahill, Gottfried, Gunther, Simon, Walker
 
Add Art 49 Title 5 §§49-0501 - 49-0505, En Con L; amd §100, Ec Dev L
 
Provides for the designation of geologically significant areas, territories and sites throughout the state, and for the establishment of a state geological trail.
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A04328 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4328--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  ENGLEBRIGHT, LUPARDO, SOLAGES, L. ROSENTHAL,
          GALEF, OTIS, GRIFFIN, BARNWELL, BURDICK, FAHY, LUNSFORD -- Multi-Spon-
          sored by -- M.  of A. ABBATE, CAHILL, GOTTFRIED, GUNTHER, SIMON, WALK-
          ER -- read once and referred to the Committee on Environmental Conser-
          vation -- reported and referred to the Committee on Ways and Means  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        AN ACT to amend the environmental  conservation  law  and  the  economic
          development law, in relation to establishing a state geological trail
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative findings and intent. The state of New  York  is
     2  distinguished  by  its  unique  and  multiple  geological resources like
     3  Niagara Falls, Letchworth Gorge, and the Adirondack and Catskill  parks.
     4  Geological resources give the state special landscapes with considerable
     5  natural,  cultural,  economic,  aesthetic,  recreational,  touristic and
     6  symbolic importance to the people of  the  state  and  visitors  to  the
     7  state.  Geologists played an important role in developing the landscapes
     8  of the state, including the planning of the Erie Canal  and  undertaking
     9  geological surveys and mapping. The legislature finds that it is time to
    10  recognize  the  geological resources of the state and to utilize them to
    11  foster conservation awareness and education. Geological resources can be
    12  connected in a trail system that will strengthen the social and economic
    13  well-being of the people of the  state.  Geological  trails  can  be  an
    14  educational  resource  that  will make the outdoors more interesting and
    15  rewarding. Therefore, it is the intent of the  legislature  to  organize
    16  the  planners,  educators  and  conservationists to plan and execute the
    17  establishment of geological trails with interpretive features across the
    18  width and breadth of the state.
    19    § 2. Article 49 of the environmental conservation law  is  amended  by
    20  adding a new title 5 to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08707-02-1

        A. 4328--A                          2
 
     1                                   TITLE 5
     2                           STATE GEOLOGICAL TRAIL
     3  Section 49-0501. Designation of geoparks and other sites.
     4          49-0503. Establishment of state geological trail.
     5          49-0505. State geological planning and management board.
     6  § 49-0501. Designation of geoparks and other sites.
     7    1. For the purposes of this title, a "geopark" is an area or territory
     8  of  the  state  encompassing one or more sites of scientific importance,
     9  for not only geological reasons but also by virtue of their archaeologi-
    10  cal, ecological and cultural value.
    11    2. The commissioner shall study and designate areas,  territories  and
    12  sites  within  the state which constitute geoparks and other sites which
    13  have geological significance. Such geoparks and sites may  include,  but
    14  not be limited to:
    15    a.  Cayuga  heights,  along  state  route thirty-four in the county of
    16  Tompkins;
    17    b. Cascadilla creek, along University avenue in the  city  of  Ithaca,
    18  county of Tompkins;
    19    c.  Ithaca  Falls park Fall creek, along Lincoln street in the city of
    20  Ithaca, county of Tompkins;
    21    d. Taughannock Falls state park, in the county of Tompkins;
    22    e. Niagara river gorge and Power Plant Haul road,  in  the  county  of
    23  Niagara;
    24    f. Whirlpool state park, in the county of Niagara;
    25    g.  the  mouth  of  Eighteen Mile creek at Lake Erie, in the county of
    26  Erie;
    27    h. Buffalo creek at Bullisi road, in the county of Erie;
    28    i. Fall brook along state route sixty-three, in the town  of  Geneseo,
    29  county of Livingston;
    30    j. LeRoy quarry, in the town of LeRoy, county of Genesee;
    31    k. the Potsdam sandstone at Ausable chasm, in the county of Clinton;
    32    l. Ausable falls, in the county of Clinton;
    33    m. Whiteface mountain, in the county of Essex;
    34    n. the Chattermarks on Bear mountain, in the county of Rockland;
    35    o. the erratic and groves in Central park, in the county of New York;
    36    p. the glacial channel in Central park, in the county of New York;
    37    q.  the burrows in sandstone in Watkins Glen, in the county of Schuyl-
    38  er;
    39    r. the upper devonian shale, siltstone and sandstone in  Watkins  Glen
    40  gorge, in the county of Schuyler;
    41    s. Watkins Glen state park, in the county of Schuyler;
    42    t. Letchworth state park, in the county of Wyoming;
    43    u.  Penn  Dixie  paleontological  and outdoor education center, in the
    44  county of Erie;
    45    v. Lafarge quarry, in the county of Ulster;
    46    w. Seneca stone quarry, in the county of Seneca;
    47    x. Taughannock park road in Taughannock Falls state park, in the coun-
    48  ty of Tompkins;
    49    y. State route four and twenty-two, in the town of  Whitehall,  county
    50  of Washington;
    51    z.  Rondaxe  road  on  Bald  mountain,  in the town of Webb, county of
    52  Herkimer;
    53    aa. Cannan road, in the towns of East Martinsburg and Knox, county  of
    54  Lewis;
    55    bb. Barnet garnet mine, in the county of Warren;
    56    cc. John Boyd Thacher state park, in the county of Albany;

        A. 4328--A                          3
 
     1    dd. the Petrified Sea Gardens, in the county of Saratoga;
     2    ee. Lester park, in the county of Saratoga;
     3    ff. Saratoga Springs state park, in the county of Saratoga;
     4    gg. Skytop Lane quarry, in the county of Delaware;
     5    hh. Sidney Mountain quarry, in the county of Delaware;
     6    ii. Sidney Mountain Bluestone quarry, in the county of Delaware;
     7    jj. Sidney Center outcrops, in the county of Delaware;
     8    kk. Sheetz quarry, in the county of Delaware;
     9    ll. Pine Hill road, in the county of Delaware;
    10    mm. Chimney Bluffs state park, in the county of Wayne;
    11    nn. Wiscory Falls, in the county of Allegany;
    12    oo. White creek, in the county of Allegany;
    13    pp. Sixtown creek, in the county of Allegany;
    14    qq. Rushford Dam park, in the county of Allegany;
    15    rr. Caneadea Gorge overlook, in the county of Allegany;
    16    ss. Buttermilk Falls state park, in the county of Cayuga;
    17    tt. Chittenango Falls state park, in the county of Madison;
    18    uu. Cohoes Falls, in the county of Saratoga;
    19    vv. Clarksville cave, in the county of Albany;
    20    ww. Joralemon town park, in the county of Albany;
    21    xx. Normanskill gorge, in the county of Albany;
    22    yy. Barton garnet mine, in the county of Warren;
    23    zz. Kimberlite dike, in the county of Onondaga;
    24    aaa. Howes Cave quarry, in the county of Schoharie;
    25    bbb. Howe Caverns, in the county of Schoharie;
    26    ccc. Kaaterskill Falls, in the county of Greene;
    27    ddd. Knox cave, in the county of Albany;
    28    eee. Manorkill Falls, in the county of Schoharie;
    29    fff. McFail's Cave nature preserve, in the county of Schoharie;
    30    ggg. Montauk Point, in the county of Suffolk;
    31    hhh. Montour Falls, in the county of Schuyler;
    32    iii. Niagara Falls state park, in the county of Niagara;
    33    jjj. Onesquethaw Cave, in the county of Albany;
    34    kkk. Stark's Knob, in the county of Saratoga;
    35    lll. Cairo Fossil Forest, in the county of Greene;
    36    mmm. Gilboa Fossil Forest, in the county of Schoharie; and
    37    nnn. Herkimer Diamond Mines, in the county of Herkimer.
    38    3.  For  each area, territory and site designated pursuant to subdivi-
    39  sion two of this section, the  commissioner,  in  cooperation  with  the
    40  commissioners of transportation and economic development, shall:
    41    a.  establish  a  management  plan  designed  to foster socio-economic
    42  development that is sustainable;
    43    b. establish methods  for  conserving  and  enhancing  its  geological
    44  heritage; and
    45    c. establish best practices for conservation.
    46  § 49-0503. Establishment of state geological trail.
    47    1.  The  commissioner, in cooperation with the commissioners of trans-
    48  portation and economic development, shall establish a  state  geological
    49  trail  to  include  the  areas,  territories and sites designated by the
    50  commissioner pursuant to subdivision two  of  section  49-0501  of  this
    51  title.  The  purpose of such trail shall be to identify and promote such
    52  areas, territories and sites to the public, and  promote  the  economic,
    53  scientific, cultural and conservation aspects thereof.
    54    2.  To  the  greatest  extent  practicable, the state geological trail
    55  shall include areas and sites across the state going east and west,  and
    56  north  and south throughout the entire state. The designated portions of

        A. 4328--A                          4
 
     1  the state geological trail shall intersect at the city of Albany,  which
     2  shall  be  deemed  to  be  the center of geology of the state. The state
     3  geological trail  shall  possess  scientific  and/or  scenic  importance
     4  relating to geological, and related cultural, ecological and archeologi-
     5  cal features.
     6    3.  In  developing  and  approving  such trail, the commissioner shall
     7  ensure that proposed trail routes do not conflict with  existing  scenic
     8  byways designated pursuant to section three hundred forty-nine-dd of the
     9  highway  law or wine trails designated pursuant to section three hundred
    10  forty-three-k of the highway law, and ensure that  the  trail  route  is
    11  designed and laid out so that it is relatively simple and easy to follow
    12  for users and contains few branches or laterals that dead end.
    13  § 49-0505. State geological planning and management board.
    14    1.  For the purposes of this title, "board" means the state geological
    15  planning and management board established pursuant to this section.
    16    2. There shall be established within the department the state geologi-
    17  cal planning and management board. The board shall be  composed  of  ten
    18  members as follows:
    19    a.  the  commissioner,  or  his  or  her designee who is an officer or
    20  employee of the department;
    21    b. the commissioner of economic development, or his  or  her  designee
    22  who is an officer or employee of the department of economic development;
    23    c. the commissioner of parks, recreation and historic preservation, or
    24  his  or  her  designee  who  is  an officer or employee of the office of
    25  parks, recreation and historic preservation;
    26    d. the commissioner of transportation, or his or her designee  who  is
    27  an officer or employee of the department of transportation;
    28    e. two members appointed by the governor, of whom:
    29    (1) one shall have been or is engaged in trail planning and/or manage-
    30  ment, and
    31    (2) one shall teach geology or be a geology professional;
    32    f.  two  members  appointed  by the temporary president of the senate,
    33  having expertise in the field of ecology, conservation  or  trail  plan-
    34  ning; and
    35    g. two members appointed by the speaker of the assembly, having exper-
    36  tise in the field of ecology, conservation or trail planning.
    37    3.  The members of the board appointed pursuant to paragraphs e, f and
    38  g of subdivision two of this section shall serve terms  of  four  years.
    39  Vacancies  in  the membership of the board shall be filled in the manner
    40  provided for original appointments.
    41    4. The commissioner, or his or her designee, shall be the chair of the
    42  board. The board shall meet not less  than  three  times  each  calendar
    43  year, and more frequently at the call of the chair of the board.
    44    5. The board shall establish:
    45    a. criteria for signage on the state geological trail, including means
    46  of  providing information about geological features associated with each
    47  particular portion of such  trail.  Provided,  however,  that  all  such
    48  signage  shall  comply with the New York state manual and specifications
    49  for a uniform system of traffic control devices as such manual and spec-
    50  ifications may be amended from time to time,  certified  by  a  licensed
    51  professional  engineer  who  specializes  in traffic operations. For the
    52  purposes of this section, the term "New York state manual and specifica-
    53  tions for a uniform system of traffic control devices"  shall  mean  the
    54  national  manual  of  uniform traffic control devices promulgated by the
    55  federal highway administration pursuant to subpart (f) of  part  655  of
    56  title  23  of  the  code  of  federal regulations and the New York state

        A. 4328--A                          5
 
     1  supplement adopted by the commissioner  of  transportation  pursuant  to
     2  section sixteen hundred eighty of the vehicle and traffic law; and
     3    b.  state  geological  trail publications, guidelines for interpretive
     4  programs and themes relating to portions of the state geological  trail,
     5  and an internet website providing directional information on educational
     6  institutions that have programs relating to the geological and conserva-
     7  tion aspects of the portions of the state geological trail.
     8    §  3. Subdivision 48 of section 100 of the economic development law is
     9  renumbered subdivision 49 and a new subdivision 48 is added to  read  as
    10  follows:
    11    48.  to  cooperate with and provide assistance to the commissioners of
    12  environmental  conservation  and   transportation   to   implement   the
    13  provisions  of  title  five  of  article forty-nine of the environmental
    14  conservation law.
    15    § 4. This act shall take effect immediately.
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