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

8/4/10 N.Y. St. Reg. PKR-31-10-00002-P

NEW YORK STATE REGISTER

VOLUME XXXII, ISSUE 31

August 04, 2010

RULE MAKING ACTIVITIES

OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PKR-31-10-00002-P

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 proposed rule:

Proposed Action:

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.

Substance of proposed rule (Full text is posted at the following State website:www.nysparks.state.ny.us):

9 NYCRR Part 381 is repealed and a new Part 381 is added.

Section 381.1 General requirements for fees and charges.

This section explains the statutory requirement that any fee assessed by the Office of Parks, Recreation and Historic Preservation (State Parks) of $100 or more that produces annual aggregate revenue greater than $1000 must be established by rule. The section also explains that the term "nonprofit" in the rule includes State or municipal agencies or entities. And, it indicates that general information about fees and State Parks facilities may be obtained at www.nysparks.state.ny.us, or at the headquarters of the eleven park regions listed 9 NYCRR section 461.6, or at the Albany Office, Empire State Plaza, Agency Building 1, Albany, NY 12238.

Section 381.2 Statewide fees for cabins.

This section describes base statewide fees for two-person through eight-person cabins for a 7-day rental period and explains surcharges and deductions from the fees.

Section 381.3 Other statewide fees.

This section describes statewide fees for shotgun golf outings and rowboat rentals.

Section 381.4 Boating facility and marina berth fees by region and marina.

This section describes different seasonal fees based on the length in feet of the vessel requiring a berth at a marina or based on a flat fee.

Section 381.5 Picnic shelter use fees by region and park.

This section describes different fees for renting picnic shelters based on the size of the group, capacity, amenities and market demand.

Section 381.6 Lodging use fees by region and park.

Different rental rates for cottages are described in this section based on size, amenities, services, location, market demand and time of year.

Section 381.7 Special facility and event fees by region and park.

Different fees are described here for use of various types of park and historic facilities including: halls, rooms, lawns, athletic facilities and fields for various activities and permits including but not limited to: tent rentals, group events, weddings, peddling, special programs, athletic events and competitions, and fishing.

Section 381.8 Refunds.

This section outlines the conditions under which refunds may be provided.

Section 381.9 Cash deposits, bonds.

This section describes the conditions under which deposits and bonds will be forfeited.

Text of proposed 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, [phone], email: [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.

Regulatory Impact Statement

Introduction:

All fees collected by the Office of Parks, Recreation and Historic Preservation (State Parks) are dedicated by law to the operation, maintenance and improvement of our parks and historic sites. There are new fees and fee increases for fees of $100 or more proposed that have been required by the FY 2009-2010 Enacted Budget Financial Plan at http://publications.budget.state.ny.us/budgetFP/2009-10EnactedBudget-FINAL.pdf. Projected to raise $4.85 million in revenue - these fees also support activities and services for the upcoming season.

The proposed regulation repeals 9 NYCRR Part 381 and replaces it with a new rule that specifically:

1. increases fees and charges for facilities currently listed in the existing regulation;

2. increases fees and charges for facilities currently assessed in the master fee schedule that were not listed in the existing regulation; and

3. adds fees and charges for new facilities that have become available to the public since the last rulemaking.

1. Statutory authority:

• Subdivision 2 of Section 3.09 of the Parks, Recreation and Historic Preservation Law (PRHPL) authorizes State Parks to operate and maintain historic sites, parks and recreational facilities.

• Subdivision 5 of Section 3.09 of the PRHPL requires State Parks to "provide for the health, safety and welfare of the public using facilities under its jurisdiction."

• Subdivision 8 of section 3.09 of the PRHPL authorizes State Parks to adopt rules and regulations necessary to perform or exercise its functions, powers and duties.

• Section 13.15 of the PRHPL authorizes State Parks to establish fees or other charges for the use of facilities under its jurisdiction.

• Subdivision 2 of section 102 of the State Administrative Procedure Act requires any fee of $100 or more resulting in annual aggregate revenue of more than $1,000 to be promulgated as a rule.

• Section 97-mm of the State Finance Law requires fees to be deposited in the patron services account in the miscellaneous special revenue fund and other state revenue funds. The State Legislature appropriates the funds to State Parks.

2. Legislative objectives:

Through Environmental Protection Fund appropriations the State Legislature has increased the size of the State park and historic site system by more than 27 percent since 1995. Under the Parks, Recreation and Historic Preservation Law State Parks is required to operate and maintain parks and historic sites for the health, safety and welfare of the general public.

The system is a sound and pragmatic economic investment, contributing to the vitality and quality of life of local communities and directly supporting New York's tourism industry. From Bethpage and Jones Beach on Long Island to the Walkway Over the Hudson to Letchworth and Niagara Falls, the State parks system actually defines many communities. For example, Niagara Falls State Park attracts nearly eight million visitors a year - attendance greater than that of Grand Canyon and Yosemite National Parks combined.

The State Legislature's objectives include continuing to have State parks and historic sites offer affordable family fun, healthful recreation, a place of rest and beautiful vistas in these stressful times. Additionally, the objectives include managing our facilities to provide for countless species of plants and animals, irreplaceable ecosystems, and incredible and varied historic and cultural resources.

Although State Parks is making every effort to reduce costs in all parts of the agency's budget - particularly administrative costs and non-essential activities - it is no longer feasible to continue to operate the facilities and programs without the new and increased fees of $100 or more. The State Legislature requires revenue from these fees and charges to be collected and deposited in funds and appropriates money to State Parks for operating and maintaining the facilities. The FY 2009-10 financial plan adopted by the State Legislature projected that $4.85 million could be generated by the fee increases.

3. Needs and benefits:

There are 178 parks and 35 historic sites that State Parks operates and manages. This diverse inventory of facilities includes: 5,000 buildings; 29 golf courses; 52 swimming pools; 76 beaches; 27 marinas; 40 boat launches; 18 nature centers; 817 cabins; 8,355 campsites; 1,350 miles of trails; 106 dams and 640 bridges.

Visitation remains strong throughout the system. In 2009, state parks and historic sites hosted nearly 56 million visitors, an increase of 1.9 million visitors over the previous year. And in 2009 cabins and campsites were booked more nights than any other year in State Parks' history.

A recent study by the University of Massachusetts Political Economy Research Institute documented that the State park and historic site system generates $1.9 billion in economic activity every year. Nearly half the economic activity is from visitors outside the immediate areas in which the facilities are located. Drawing visitors to parks and historic sites, therefore, provides positive economic benefits for local tourism and similar private sector facilities in each region.

Eighty-five percent (85%) of State Parks' operating budget of $155 million is spent directly on park operations. State Parks, however, only generates an estimated $85 million in revenue through patron and user fees, concession contracts and other sources.

In 2009 - the second year of this fiscal crisis - budget cuts were managed through administrative savings and service reductions. Seasons, days, and hours of operation were shortened and programming was reduced at 100 state parks and historic sites across the State, saving more than $5 million in operating costs. Beaches and pools were open for swimming fewer days of the week or fewer hours of the day. Campgrounds opened later and closed earlier. Cleaning, grounds keeping and trail maintenance were reduced. Nature centers and historic sites offered fewer educational programs. Efforts were made to limit the cuts to the non-peak seasons or least busy days of the week. When a park or historic site is closed or hours or operations are reduced, however, any savings are offset by a loss of revenue.

Also, the Green Thumb, Conservation Corps and AmeriCorps programs were cut due to the loss of State matching funds. This past fall as part of the FY 09-10 Deficit Reduction Plan further reductions included the cancellation of existing heritage trails contracts, elimination of the military battle flag preservation project, and ongoing reductions in equipment replacement and other discretionary spending.

Another ongoing challenge for the agency is the cancellation of the park police training academy. State Parks has cancelled the academy three years in a row due to the fiscal crisis. Park Police staffing in the parks this summer will be down 25 percent - or 70 uniformed officers - from July 2008 levels. From a high of more than 500 full and part-time officers in 2003, State Parks now has 266 police officers.

4. Costs:

Overview

This fee rule was last amended in 2004. There are no additional costs to State Parks for implementing the rule. The costs to persons and groups that choose to use parks and historic site facilities are the patron fees, permit fees, commercial fees and charges they pay to State Parks. They may also pay nominal costs for applying to use the facilities and consulting with facility managers.

State Parks facilities are available in response to the huge public demand for use of gardens, lawns, structures and unique spaces for meetings, conferences, weddings, parties, athletic events and other special events.

In establishing the fees and charges State Parks worked with each of the regional offices to make them 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.

Fee Increases

• Cabin fees increased from 12-19% and on average about 15%.

• Surcharges for cabin amenities increased 67% but the maximum surcharge is $50.

• Marina fees are charged per foot or as a flat fee; they increased on average about 26%.

• Picnic shelter fees increased on average 18%.

• Seasonal lodging fees increased on average 24%.

• Fees for special events increased on average 19%.

New Fees in Regulation

Some fee increases e.g., for marinas, picnic facilities and rowboat rentals are appearing for the first time in the rule because they reached the $100 threshold that requires they now be established by regulation as well as in the master fee schedule.

The majority of the new fees e.g., for special events, room rentals and athletic activities appear for the first time in regulation because they reached the $100 threshold or are no longer subject to negotiation.

Also, new fees are established for facilities at three new parks that have been added to the system since 2004: Betty and Wilbur Davis, Midway and Walkway over the Hudson.

New Lodging Facilities

The six cottages at the newly-established Betty and Wilbur Davis State Park, a new cottage at existing Robert G. Wehle State Park and a new cottage at Moreau Lake State Park were all added to the system in the interim period since the rule was last amended. Those fees, therefore, also appear for the first time in this rule.

5. Local government mandates: The rule does not impose any program, service, duty or responsibility on any county, city, town, village, school district or fire district.

6. Paperwork: There are no new reporting requirements in connection with this rule.

7. Duplication: The rule does not duplicate any State or federal requirements.

8. Alternatives: The objectives of the rule are to meet the FY 2009-10 financial plan's requirement to raise $4.85 million in revenue to help operate and maintain parks and historic sites and to keep rates affordable and realistic within each regional market area. Not raising the fees and charges or lowering them would result in drastic cuts that could decrease levels of service for the public. State Parks thoroughly investigated its options, consulted with each region and each facility manager, considered how the patrons that visit our facilities could be accommodated, considered what costs patrons in each regional market could bear, and concluded that the proposed fees and charges would accomplish the objective established by the State Legislature in this fiscal crisis.

9. Federal standards: There are no federal standards that relate to this rule.

10. Compliance schedule: The rule takes effect upon adoption.

Regulatory Flexibility Analysis

A Regulatory Flexibility Analysis is not submitted with this notice because the rule will not impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments. The proposed repeal and addition of a new rule implements increases in patron fees and charges of $100 or more for use of State Parks historic sites, parks and recreational facilities.

Rural Area Flexibility Analysis

A Rural Area Flexibility Analysis is not submitted with this notice because the rule will not impose any adverse impact or reporting, recordkeeping or other compliance requirements on public or private entities in rural areas. The proposed amendments implement changes in fees and charges of $100 or more for the use of State Parks historic sites, parks and recreational facilities.

Job Impact Statement

A Job Impact Statement is not submitted with this notice because the rule will not have an impact on jobs and employment opportunities. The proposed repeal and addition of a new section increases patron fees and charges $100 or more for use of State Parks historic sites, parks and recreational facilities.