Requires a report on the economic impact of ATV related tourism

Specifically, such report shall include, but not be limited to, the following:

* The number of ATVs registered in the state of New York, and to the extent feasible the number of unregistered ATVs in the state; * The frequency of participation of ATV and off-highway recreational vehicle participants and how much money they spend on their activities including, but not limited to, expenditures on fuel. Equipment and maintenance, lodging, food and guide services; * The costs associated with ATV usage, including but not limited to, state and local enforcement of legal and illegal ATV use on publicly and privately owned lands and roads; the costs and expenses of repairing or remediating the environmental and natural resource impacts and damages caused by legal or illegal ATV use on public and privately owned lands, including an examination of how these costs mayor may not be onset by a properly maintained and operated system of ATV trails; the costs and potential lost revenues and expenditures associated with increasing or decreasing the number of non-motorized visitors to public lands and parks where ATV-related injuries, including police and ambulance services; * The place of residence of non-ATV, non-motorized users (defined in the bill as "hiking, camping, mountain biking, paddling, fishing, bird watching, hunting, horseback riding, nature study, and cross-country skiing") of state lands, income, duration of visit, spending patterns, demographic and economic profile, reasons they chose to recreate in the state, counties, and regions in which they recreate and information on other activities in which they participate before and after their particular recreational activity; * The place of residence of non-resident ATV participants, income, duration of visit, spending patterns, demographic and economic profile, reasons they chose to recreate in the state, counties and regions in which they recreate and information on other activities in which they participate before, during and after ATV use; * An estimate of the number of jobs that are supported by ATV and official highway recreational vehicle participants as well as the amount of sales tax and income tax generated by resident and non-resident ATV riding system in New York State and subsequent loss of revenue by not having a trail system; * An estimate of the value of tourism dollars generated in New York State from non-ATV related, non-motorized recreational activities and how such non-ATV related tourism may be affected by ATV related resource degradation, and user conflicts between ATV and non-ATV users;

* The cost of administering a state-funded ATV riding system, including but not limited to, additional state agency staff needed to administer said ATV riding system and proposed statewide ATV safety and environmental stewardship course; increased enforcement costs of state and local law enforcement agencies; the costs and expenses of repairing and remediating the environmental and natural resource impacts and damages cause by ATV use associated with creating opportunities for ATV riding and insurance costs. * A qualitative analysis of the impacts of ATV-related recreation, including, but not limited to, those concerning enforcement and safety issues; receptions of changes to the rural character of the regions in which legal ATV recreation is prevalent; damage by legal and illegal use to public and private property and the environment, including an examination of how such damage mayor may not be offset if there was a state policy that promoted properly maintained and operated system of ATV trails; user conflicts between ATV riders and non-motorized outdoor enthusiasts utilizing public lands, including an examination of how these conflicts mayor may not be offset if there was a state policy that promoted a properly maintained and operated system of ATV trails; displacement of non-motorized outdoor enthusiasts using public lands, including an examination of how such displacement mayor may not be offset if there was a state plan that allowed for a segregated and properly maintained and operated system of ATV trails; the air pollution, smog and carbon emission increases associated with creating opportunities for ATV riding; impacts on vehicular traffic flows and other positive/negative qualitative impacts; * Recommendations regarding the possibility of planning and management of future ATV use on public and private land excluding the state forest preserve, including the experience, successes and failures of other states and regions; * An analysis of the ATV-related programs being utilized by other ATV groups throughout the country to address identified issues of legal, environmental, educational and safety related concerns to ATV recreation; and * Recommendations examining the feasibility of implementing a mandatory statewide ATV safety and environmental stewardship course for all newly registered ATV's sold in New York State, except for ATVs that are exempt for registration.

The task force on ATV impacts would consist of 14 members, and is charged with examining expectations for the report on the economic and environmental impacts of ATV use and motorized recreation; determine the preferred independent contractor to conduct said report; review and determine if the final report is completed and acceptable to the members of the task force before it is distributed. The Commissioners of DED and DEC, or their respective designees, shall serve as co-chairs of the task force.

Justification

Riding all terrain vehicles (ATVs) has become an increasingly popular outdoor recreational activity and sport in New York State. However, the lack of legal riding opportunities and nearly non-existent state funding assistance for ATV-related issues has severely limited the economic and tourism potential of ATVs.

ATV use could potentially have a tremendous impact on the state's economy, especially in Upstate NY. ATV-related recreation supports jobs, generates sales and income taxes, and represents an untapped integral component of the tourism industry and the overall economy in New York State. Efforts are underway in neighboring states to promote tourism, including motorized vehicle associated recreation in the name of economic development. New York State should examine the economic potential of ATV use not let an opportunity to improve the upstate economy pass it by.

According to a 2005 Cooperative Tug Hill Council's economic and fiscal impact assessment of ATV activity in the Tug Hill Region of New York State, the total direct impact of ATV use on the Tug Hill economy includes $2.3.1 million "in sales for local businesses, supporting employment of 564 individuals who earn $7.9 million in wages. The 2005 study also enumerated the indirect and induced impacts that result from the $2.3.1 million of new sales in the economy. The indirect impacts include purchase by local businesses from other Tug Hill region producers of goods and services. These local businesses also pay wages to their employees, who spend a portion of their earnings in Tug Hill. The indirect and induced impacts of ATV use increase sales by $12.2 million, supporting employment for 137 individuals who earn wages of $3.5 million. Moreover, the study found the total economic impact (the sum of the direct, indirect, and induced impacts)of ATV spending in Tug Hill to be approximately $35.2 million supporting employment of 701 individuals.

Since 1986, ATV riders have been charged a registration fee by New York State, with nothing to show for it. Chapter 402 of the Laws of 1986, which initially established the ATV trail development and maintenance fund, placed the fund under the jurisdiction of the Commissioner of Motor Vehicles. In 1988, jurisdiction over the fund was changed to the commissioner of Parks, Recreation, and Historic Preservation through chapter 651. Thereafter, in 1990, chapter 190 abolished the fund and directed the monies which had been collected to the general fund. In 2005, the New York State Legislature allocated $850,000 for an ATV trail fund from revenues generated by ATV registration fees (section 92-0 State Finance law). However, this was repealed in the 2006-07 SFY Budget and with it, the additional $15 fee that ATV registrants paid into this fund to support the establishment of a statewide ATV Trails Program (in addition to the $10 per vehicle registration collected by DMV). To distribute the dedicated funds back to the ATV community, the budget directed New York State to extend existing ATV registration for the 2006-07 registration trail fund fees. The 2006-07 extension of ATV registrations (at $10 per ATV) left the additional $5 collected from registrants unaccounted for (through the repealed subdivision 4-a of section 2282 of the vehicle and traffic law). The lack of allocation of the $5 resulted in $650,000 of registration fees that were collected and never· returned to ATV registrants as a result of this repeal. The most responsible use of the remaining $5 outstanding from the "special fund" is to support a statewide economic impact study of ATV-related tourism in the State.

Bill history

S.5706-B; Passed Senate

Fiscal implications

It is estimated that this study would cost between $100,000 to $300,000. However, the state has been collecting registration fees from ATV users since 1986 and has not dispersed any of these funds back into the ATV community and thus existing funds should be allocated to cover the costs associated with the implementation of this legislation.

Effective date

90 days after enactment.