Relates to the designation and amendment of trails

1 Co-sponsor

• Cecilia Tkaczyk

BILL NUMBER:S7131A

Title of bill

An act to amend the agriculture and markets law, in relation to designation and amendment of trails

Purpose of the Bill:

The bill would authorize the Department of Agriculture and Markets (DAM) to designate and alter wine trails and farm beverage trails without limiting the ability to designate trails by ad hoc legislation.

Summary of Provisions:

Section 1 of the bill would amend Agriculture and Markets Law (AML) 284-a to (i) add definitions of "wine trail" and "farm beverage trail" to authorize DAM to designate such trails in the same manner in which DAM designates farm trails, apple trails, and cuisine trails; (ii) update the entities with which DAM must consult when designating trails to include the Chairman of the State Liquor Authority and the Commissioner of Economic Development; (iii) provide more flexibility to DAM to designate and alter apple, farm, cuisine, wine, and farm beverage trails, and (iv) eliminate the DAM and Department of Transportation (DOT) application fees relating to designation and signage of trails.

Existing Law:

Currently, AML § 284-a authorizes DAM to designate farm trails, apple trails, and cuisine trails, but does not specifically authorize the designation of wine trails or farm beverage trails. Several wine trails have been designated by statute in Highway Law §§ 343-k and 343-s. AML § 284-a provides for a $250 application fee for trail designation to be paid to DAM, as well as a $500 application fee to be paid to DOT for the installation and maintenance of highway signs for designated trails.

Legislative History:

This is a new bill.

Statement in Support:

At the Governor's 2012 and 2014 Wine, Beer, Spirits and Cider Summits industry representatives identified statutory limitations to updating wine trails as an area in need of reform. The bill would provide express authority to DAM to designate wine trails and farm beverage trails in the same manner as it currently designates farm trails, apple trails, and cuisine trails. The bill would not affect existing wine trails established in the Highway Law nor would it foreclose specific legislation designating such trails. It would require that DAM, in proposing new trails, ensure that the proposed trail routes do not conflict with existing scenic byways or wine trails designated pursuant to the Highway Law.

In addition, the bill would provide flexibility to DAM to designate and alter trails pursuant to AML § 284-a, after consultation with the

Commissioner of Transportation, the Chairman of the State Liquor Authority and the Commissioner of Economic Development. For example, the bill would eliminate both the requirement that the length of a trail not exceed fifty miles and the existing prohibition on altering a trail route within eighteen months of its designation. DAM would continue to be required to consult with DOT for trail layout, signage and highway safety issues.

Finally, the bill would amend AML § 284-a to eliminate the application fees associated with designation and signage of trails. Wine trails established pursuant to the Highway Law have no associated fees. These fees raise insignificant revenue for the State, but their elimination would remove a financial burden on agricultural producers.

Budget Implications:

None.

Local Impact:

This bill would have no impact on local governments.

Effective Date:

The bill would take effect immediately.