ENV-29-07-00017-P Outdoor Recreation And Trail Maintenance Pin and Patch Program

7/18/07 N.Y. St. Reg. ENV-29-07-00017-P

NEW YORK STATE REGISTER

VOLUME XXIX, ISSUE 29

July 18, 2007

RULE MAKING ACTIVITIES

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. ENV-29-07-00017-P

Outdoor Recreation And Trail Maintenance Pin and Patch Program

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed action:

This is a consensus rule making to add Part 198 to Title 6 NYCRR.

Statutory authority:

Environmental Conservation Law, sections 3-0301(2)(m) and 11-0329

Subject:

Outdoor Recreation and Trail Maintenance Pin and Patch Program.

Purpose:

To implement a voluntary outdoor recreation and trail maintenance pins and patches program.

Text of proposed rule:

Add a new Part 198 to Title 6 NYCRR to read as follows:

Part 198

Outdoor Recreation and Trail Maintenance Pin and Patch Program Regulation

§ 198.0 Applicability

The provisions of this part apply solely to the Outdoor Recreation and Trail Maintenance Pin and Patch Program. The department shall mean the New York State Department of Environmental Conservation.

§ 198.1 Purpose

The purpose of this part is to establish the procedures for the administration, sale, promotion and distribution of pins and patches to support non-motorized outdoor recreation and trail maintenance. The purchase of such pins and/or patches is voluntary and need not be possessed in order to participate in outdoor recreational activities on department managed lands.

§ 198.2 Production

(a) The department may enter into contracts for the production of outdoor recreation and trail maintenance pins, patches, associated promotional posters and for related services including, but not limited to manufacturing, distribution, promotion, marketing and sale.

(b) The department shall be solely responsible for the selection and means and method of selection of artists and art work for such outdoor recreation and trail maintenance pins, patches and associated promotional posters.

(c) Department staff shall establish the production size for each edition of such pins, patches and posters based on previous sales history and future sale expectations.

§ 198.3 Price

The Commissioner of the department shall annually set the respective sale price for each patch, pin, and associated promotional poster.

§ 198.4 Sale

(a) License issuing officers defined and designated in accordance with section 11-0713 of the Environmental Conservation Law and section 183.2 of this title may sell outdoor recreation and trail maintenance pins and/or patches, and may retain 5.5 percent of the gross proceeds from such sale. Employees of the department may sell such pins and/or patches, but may not retain 5.5 percent of the gross sale.

(b) The department may make bulk sales of such pins and/or patches to outdoor recreation retailers and educational retailers deemed to be in keeping with the purpose of this part.

(c) All moneys, revenue and interest received by the department as a result of issuance and sale of outdoor recreation and trail maintenance pins, patches and/or posters, other than the amount retained by the license issuing officer, shall be deposited in a special account within the conservation fund to be known as the outdoor recreation and trail maintenance account. All such moneys, revenues and interest shall be available to the department, pursuant to appropriation, exclusively for non-motorized outdoor recreation, trail maintenance, and the development and improvement of public access to outdoor recreation and trails.

(d) The department may use up to 10 percent of such revenue for the administration of this program, and is required to use at least 15 percent of such revenue for universal access to recreational opportunities for as many people as possible, regardless of age or ability.

§ 198.5 Promotion

(a) The outdoor recreation and trail maintenance pins and patches may be donated for auction or raffle to not-for-profit organizations supportive of the outdoor recreation and trail maintenance program upon written request. Requests for such pins, patches and associated promotional posters must be in writing on the organization's letterhead stationery, stating the organization's purpose and goals and the date of the event at which such pins and patches will be auctioned. The department reserves the right to limit or deny an organization's request for such pins and/or patches where the numbers requested exceed the available supply or where the department finds that the proposed use of such pins and patches may be inconsistent with the purposes and policies set forth in section 11-0329 of the Environmental Conservation Law.

(b) A total of no more than 100 pins and 100 patches and 100 posters from each edition will be reserved for use by, and may be made available to department staff, other state agencies, landowners and project coordinators or others who assist the department in promoting the Outdoor Recreation and Trail Maintenance Pin and Patch program. Such use of pins, patches and posters is solely for the purpose of display to the public at promotional events and to otherwise promote the program.

(c) The department in its discretion may enter into agreements permitting reproduction of the design for the pins, patches, and posters for other products when the use of such design promotes awareness of the Outdoor Recreation and Trail Maintenance Pin and Patch Program, and when each individual product contains a statement about the program.

§ 198.6 Disposal

In the event that the Outdoor Recreation and Trail Maintenance Pin and Patch Program is terminated, any such pins, patches and associated promotional posters in the possession of the department at such time may be disposed of at the department's discretion.

§ 198.7 Severability

If any provision of this part or its application to any person or circumstance is determined to be contrary to law by a court of competent jurisdiction, such determination shall not affect or impair the validity of the other provisions of this part or its application to other persons and circumstances.

Text of proposed rule and any required statements and analyses may be obtained from:

McCrea Burnham, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233, [phone], e-mail: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

This action was not under consideration at the time this agency's regulatory agenda was submitted.

Consensus Rule Making Determination

The Department believes there will be no objection to the promulgation of this regulation since this is a completely voluntary program that will benefit recreational use. The funds will be used to maintain non-motorized trails. This program was put in place with the support of user groups who have urged the department to better maintain trail systems.

Job Impact Statement

This proposed regulation will implement a voluntary Outdoor Recreational Trail Maintenance Pin and Patch Program. It will set forth the methods for the sale of hiking pins and patches. All revenue received from this program will be deposited in a special account within the Conservation Fund to be used for outdoor recreation, trail maintenance, and the development and improvement of public access to outdoor recreation and trails.

A job impact statement is not submitted with the proposal because the proposal will have no adverse impact on existing or future jobs and employment opportunities.