Requires the office of parks, recreation and historic preservation to establish design standards for greenway trails and to manage applications for greenway trails.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8301B
SPONSOR: Fahy TITLE OF BILL:
An act to amend the parks, recreation and historic preservation law, in
relation to directing the office of parks, recreation and historic pres-
ervation to promulgate uniform design standards and manage applications
for greenway trails
PURPOSE:
Direct OPRHP to require that any Greenway trail established or modified
under its jurisdiction conform with design standards promulgated by the
office.
SUMMARY OF PROVISIONS:
Section 1 amends the parks, recreation and historical preservation law
to require that any new Greenway trail or existing Greenway trail
modification under the office's jurisdiction complies with design stand-
ards established by the office that identify best practices for trail
design and maintenance.
Section 2 defines Greenway trails. Section 3 sets the effective date.
JUSTIFICATION:
The statewide system of Greenway trails provides New Yorkers and visi-
tors alike with access to outdoor recreation and non-motorized transpor-
tation. Trails generate economic activity across the state, with trail
users patronizing nearby businesses, restaurants, and retailers.
In 2017, OPRHP promulgated the Empire State Trail Design Guide to iden-
tify best practices for trail specifications, maintenance, and accessi-
bility. However, these guidelines are not uniformly followed, resulting
in accessibility issues and inconsistent, confusing signage on the
state's trails.
This bill would require new trails and any upgrades or modifications to
existing trails to conform to the standards promulgated by OPRHP.
Ensuring consistency across trails statewide would improve user experi-
ence and give people the sense that the trails compromise a unified
system. Improving the quality of the state's trails would encourage
their use, increasing access to outdoor recreation and to low-carbon
transportation options for New Yorkers.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
Unknown.
EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
8301--B
2023-2024 Regular Sessions
IN ASSEMBLY
November 27, 2023
___________
Introduced by M. of A. FAHY, LUNSFORD, LUCAS, SHIMSKY, McDONALD, SLATER,
SIMON, KELLES, TAPIA, SANTABARBARA, BORES, DeSTEFANO -- Multi-Spon-
sored by -- M. of A. COOK -- read once and referred to the Committee
on Tourism, Parks, Arts and Sports Development -- recommitted to the
Committee on Tourism, Parks, Arts and Sports Development in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
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 parks, recreation and historic preservation law, in
relation to directing the office of parks, recreation and historic
preservation to promulgate uniform design standards and manage appli-
cations for greenway trails
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 7-a of section 3.09 of the parks, recreation
2 and historic preservation law, as added by chapter 999 of the laws of
3 1973, is amended to read as follows:
4 7-a. (a) Promulgate a comprehensive plan for the establishment of a
5 state-wide trails system. For the purposes of this subdivision "trails"
6 shall include footpaths, bike ways, snowmobile trails, horse trails,
7 cross country ski trails, roads and other rights-of-way suitable for
8 hiking, strolling, cycling, horseback riding, skiing and other means of
9 motorized and non-motorized travel for recreational purposes and shall
10 include combinations and systems of trails, including connecting and
11 side trails, and trails leading to scenic and recreational areas. The
12 commissioner, with the approval of the director of the budget, may,
13 within the appropriations made available by the legislature, purchase
14 such abandoned railroad rights-of-way as can be used in the comprehen-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13555-05-4
A. 8301--B 2
1 sive plan, and make improvements where necessary, in order to make them
2 suitable and available for use as trails.
3 (b) Promulgate rules and regulations establishing design standards for
4 greenway trails. Such design standards shall identify best practices
5 for, including but not limited to, trail design specifications, road
6 crossing treatments, and bicycle and pedestrian facilities. Such design
7 standards shall be used to the greatest extent possible to guide design
8 for any multiple use bicycle and pedestrian facilities, rail trails,
9 canalway trails, or other greenway trails, as shall be determined by the
10 office, which is established or improved on state land or using state or
11 federal funding.
12 (c) Be empowered to deny new greenway trail applications under the
13 jurisdiction of the office, for failing to conform with the standards
14 established under paragraph (a) of this subdivision and state the
15 reasons for such denial to be enumerated with a written justification
16 which shall be posted publicly online.
17 (d) Be empowered to deny applications for the expansion or modifica-
18 tion of greenway trails under the jurisdiction of the office, for fail-
19 ing to conform with the standards established under paragraph (a) of
20 this subdivision and state the reasons for such denial to be enumerated
21 with a written justification which shall be posted publicly online.
22 (e) Be empowered to determine that, for any new trail established
23 under the jurisdiction of the office or for any expansion or modifica-
24 tion of existing trails under the jurisdiction of the office, conformity
25 to the standards established under this section is inappropriate, for
26 reasons which shall be enumerated in a written justification to be post-
27 ed publicly online.
28 (f) Design standards issued under paragraph (b) of this subdivision or
29 any approval or denial of applications under paragraphs (c) through (e)
30 of this subdivision shall not have the effect of requiring any addi-
31 tional uses or disallowing any existing uses on any greenway trail.
32 § 2. Section 1.03 of the parks, recreation and historic preservation
33 law is amended by adding a new subdivision 19 to read as follows:
34 19. "Greenway trail" shall mean a shared-use path, including but not
35 limited to any trail located on former railroad rights-of-way, along
36 utility corridors, or along former canal towpaths, that is separated
37 from roadways and vehicle traffic, and includes a minimum tread width of
38 six feet, a relatively flat, graded surface and/or improved tread, and
39 which can be used for non-motorized transportation and recreation.
40 § 3. This act shall take effect on the one hundred eightieth day
41 after it shall have become a law.
