PKR-31-10-00002-A Fees and Charges of $100 or More for Use of State Parks Historic Sites, Parks and Recreational Facilities  

  • 10/13/10 N.Y. St. Reg. PKR-31-10-00002-A
    NEW YORK STATE REGISTER
    VOLUME XXXII, ISSUE 41
    October 13, 2010
    RULE MAKING ACTIVITIES
    OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION
    NOTICE OF ADOPTION
     
    I.D No. PKR-31-10-00002-A
    Filing No. 1007
    Filing Date. Sept. 27, 2010
    Effective Date. Oct. 13, 2010
    Fees and Charges of $100 or More for Use of State Parks Historic Sites, Parks and Recreational Facilities
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
    Action taken:
    Repeal of Part 381 and addition of new Part 381 to Title 9 NYCRR.
    Statutory authority:
    Parks, Recreation and Historic Preservation Law, sections 3.09(2)(8) and 13.15
    Subject:
    Fees and charges of $100 or more for use of State Parks historic sites, parks and recreational facilities.
    Purpose:
    To update the State Parks fee schedule and increase patron fees and charges that are $100 or more.
    Text or summary was published
    in the August 4, 2010 issue of the Register, I.D. No. PKR-31-10-00002-P.
    Final rule as compared with last published rule:
    No changes.
    Text of rule and any required statements and analyses may be obtained from:
    Kathleen L. Martens, Associate Counsel, Office of Parks, Recreation and Historic Preservation, Empire State Plaza, Agency Building 1, Albany, NY 12238, (518) 486-2921, email: rulemaking@oprhp.state.ny.us
    Assessment of Public Comment
    The Office of Parks, Recreation and Historic Preservation (State Parks) received the following substantive comments on the updated fee rule:
    1. Most of the fees should be higher than those set out in the rule.
    As noted in the Regulatory Impact Statement, the proposed fees were reviewed by the Division of the Budget and the Governor's Office of Regulatory Reform, and State Parks
    . . . worked with each of the regional offices to make [the fees] comparable where possible throughout the system (e.g., cabin fees and charges). Otherwise, they reflect the local private sector markets within each region (e.g., seasonal lodging fees). Factors such as size, design, location, demand and number of people who could be accommodated at a recreational site were considered in determining appropriate fees. Discounted rates are established across the board for public and non-profit groups.
    2. The term "nonprofit" should be clarified.
    The term refers to an organization or association that does not distribute its surplus funds to owners or shareholders, but instead uses them to help pursue its lawful goals, including, for example, self-preservation, expansion and future plans. A nonprofit does not have owners and may have members or boards but these entities do not sell shares to others or benefit economically in any taxable way. A nonprofit may or may not be incorporated. Also, for purposes of this rule the term includes government agencies.
    3. Some fees are too general in nature, and the fees set in the Regions should be confirmed by the Commissioner.
    State Parks' Albany Office reviews the fee schedule set by each Region and establishes the annual comprehensive Master Fee Schedule. State Parks fiscal policies outline procedures for collection and deposit of permit revenues and income derived from donations, sponsorships, special events and special activities. The State Administrative Procedure Act (SAPA) excludes negotiated fees from the definition of a rule. SAPA § 102(2)(b)(xi)(4).
    4. The rule should describe employee housing.
    This rule only addresses lodging for patrons. Employee housing is addressed under separate State Parks Guidance and the Division of the Budget's Policy and Reporting Manual.

Document Information

Effective Date:
10/13/2010