(2) Five-year passes allowing free vehicle use: $260; and
(3) Lifetime passes allowing free vehicle use for the lifetime of the purchasing individual: $750.
Text of proposed rule and any required statements and analyses may be obtained from:
Kathleen L. Martens, Associate Attorney, Office of Parks, Recreation and Historic Preservation, Albany, NY 12238 (USPS), 625 Broadway, Albany, NY 12207 (courier delivery), (518) 486-2921, email: rule.making@parks.ny.gov
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
Statutory authority: Sections 3.09, 13.15, 13.16, 13.18 and 13.20 of the Parks, Recreation and Historic Preservation Law provide the statutory authority for the rule.
Section 3.09(8) authorizes the Office of Parks, Recreation and Historic Preservation (State Parks) to “[a]dopt, 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.”
Section 13.15(1) and (3) authorize State Parks to establish fees or other charges for the use of state parks, parkways, recreational facilities, and historic sites, and to decrease fees with the approval of the director of budget.
Section 13.16 authorizes State Parks to establish an annual vehicle access fee (commonly known as a “vehicle use fee”) running from April 1 through March 31 that is approved by the director of the budget.
Section 13.18 authorizes State Parks to establish a 3-year vehicle use fee that is approved by the director of the budget.
Section 13.20 authorizes State Parks to establish a 5-year vehicle use fee that is approved by the director of the budget.
Legislative objectives: This rulemaking is consistent with the Legislature’s objective in providing broad authority to State Parks to establish fees and other charges for the use of state parks and historic sites, and with recent legislation directing State Parks to establish 3-year and 5-year vehicle use fees. This rule would allow State Parks to provide patrons the option of purchasing an annual, 3-year, 5-year or Lifetime vehicle use pass, currently known as an Empire Passport (Passport) in lieu of paying a daily parking use fee each time they visit a state park, day use area, or historic site that charges such a fee.
Needs and benefits: Creating multi-year Passports provides several benefits to consumers, including: a) providing a convenient option for people who regularly visit state parks and want to avoid the need to pay the daily vehicle use fee; and b) providing a discount for the purchase of multi-year Passports. Moreover, establishment of the Lifetime Passport provides a mechanism for individuals to demonstrate their support for New York’s diverse and unique parks system. All revenues from Passport sales are used by State Parks to support State Parks’ facility operations and maintenance costs.
The establishment of Lifetime, 3-year, and 5-year Passports creates no new cost for New York residents or visitors. Consumers who are not interested in purchasing a multi-year Passport will continue to have the option of paying the daily vehicle use fee every time they visit a state park, day use area or historic site that charges such a fee, or purchasing a 1-year Passport.
Costs: (a) Costs to purchasers and rationale for pricing.
The daily vehicle use fee ranges from $6 to $10 per vehicle for parking at state parks, DEC day use areas, and historic sites. Alternatively, patrons may purchase a 1-year, 3-year, 5-year, or Lifetime Passport that applies for the respective timeframes.
The 1-year Passport costs $65; the 3-year costs $165; and the 5-year costs $260. The 1-year Passport has been available for several decades and State Parks sells approximately 85,000 1-year Passports annually. State legislation was enacted in 2012 directing State Parks to offer 3-year and 5-year Passports. They were first made available for sale in the spring of 2013 on a pilot basis.
The proposed rule: a) establishes the 3-year and 5-year Passports and fees in regulation; and b) introduces a new Lifetime Passport option.
The following issues were considered in setting the prices:
1. Existing 1-year, 3-year and 5-year Passports. Daily vehicle use fees range from $6 to $10 per vehicle, depending on the types of amenities offered at each facility. The cost of the 1-year Passport ($65) is approximately eight times the $8 mid-point cost of the daily vehicle use fee. The 3- and 5-year Passports are priced at a discount to purchasing annual Passports for the same periods. The 3-year Passport costs $165, which is a 15 percent discount, equaling a $29 savings compared to purchasing three 1-year Passports. The 5-year Passport costs $260, which is a 20 percent discount, equaling a $65 savings compared to purchasing five 1-year Passports.
2. Lifetime Passport. State Parks has determined that a Lifetime Passport should be priced at approximately three times the cost of the 5-year Passport, which equates to $750 ($260 x 2.9 = $750). The agency has concluded that $750 is an appropriate cost given the long term benefit provided by the pass. The $750 cost, which is approximately 11.5 times the $65 cost of a 1-year Passport, is consistent with the multipliers New York State has established for the cost of lifetime hunting, fishing, and sportsmen licenses, which provide a similar type of long term outdoor recreation benefit.
(b) Costs to agency including best estimate for revenue analysis and information and methodology for estimates.
Creation and sale of the Lifetime, 3-year, and 5-year Passports create no new administrative costs for State Parks.
Relevant facts considered in State Parks’ revenue estimates for the proposed rule:
1. State Parks currently sells approximately 85,000 1-year Passports annually. The agency estimates that 2 percent of Passport holders will opt each year to purchase a multi-year Passport rather than continuing to purchase an annual Passport. This would equate to the sale of approximately 1,700 multi-year Passports each year.
2. Assuming 1,700 Passports are sold each year, with sales distributed among Lifetime, 3-year, and 5-year Passports, this initiative is projected to generate roughly $340,000 annual revenue to support the operation and maintenance of state parks and historic sites. The agency anticipates ongoing interest in multi-year Passports by park visitors and supporters, meaning this program should create a recurring source of new revenue for State Parks.
3. State Parks will undertake marketing efforts to promote the availability of Lifetime, 3-Year, and 5-Year Passports. Outreach efforts could result in sales above the current projection of 1,700 multi-year Passports annually.
Local government mandates: This rule would impose no program, service, duty or responsibility upon any county, city, town, village, school district, fire district or other special district.
Paperwork: This rule would impose no reporting or other paperwork requirements. Individuals wishing to purchase a multi-year or Lifetime Passport would be provided with a variety of purchase options, including on-line sales, telephone sales, and mailing of paper forms.
Duplication: This rule would not duplicate any other state or federal legal requirements.
Alternatives: While other fee schedules may have also been appropriate, as discussed above under Costs, State Parks considered what would be the most appropriate discounted fee schedule for multi-year and Lifetime passes based on the existing fees for the daily vehicle use fee. No consumer is required to pay these fees, as the purchase of a multi-year or Lifetime Passport is optional.
Federal standards: There are no federal standards applicable to this rule.
Compliance schedule: Since parks visitors are not required to purchase the multi-year or Lifetime Passports there is no compliance period associated with this rule. Parks visitors continue to have the options of paying the daily vehicle use fee or purchasing the 1-year Passport. The rule would take effect immediately on publication of the Notice of Adoption in the State Register and the Passports would be available for the use by the public for the 2014 park operating season (individual parks begin charging vehicle use fees in April and May).
Regulatory Flexibility Analysis
The proposed rule adds a new Section 381.10 to 9 NYCRR that authorizes the Office of Parks, Recreation and Historic Preservation (OPRHP) to provide 3-year, 5-year and lifetime vehicle use passes for parking at OPRHP facilities. The rule involves internal operation and management and, therefore, will not affect small businesses or local governments or recordkeeping requirements.
Rural Area Flexibility Analysis
The proposed rule adds a new Section 381.10 to 9 NYCRR that authorizes the Office of Parks, Recreation and Historic Preservation (OPRHP) to provide 3-year, 5-year and lifetime vehicle use passes for parking at OPRHP. The rule involves internal operation and management and, therefore, will not affect small businesses or local governments or recordkeeping requirements.
Job Impact Statement
The proposed rule at 9 NYCRR Section 381.10 authorizes fees for 3-year, 5-year and lifetime vehicle passes to use the Office of Parks, Recreation and Historic Preservation’s parking facilities. It involves operation and management and would not affect jobs or employment opportunities.
