3 Navigation Law. Those regulations appear in Parts 370 – 378 of Chapter I of Subtitle I of Title 9of the Official Compilation of Codes, Rules and Regulations of the State of New York (9 NYCRR 370 – 378), and have been adopted pursuant to subdivision 8 of Section 309 of the Parks,Recreation and Historic Preservation Law. OPRHP staff drafts a proposed regulation, generallywith input from interested groups and the general public, and then submits a proposed regulationto the Department of State for official publication in the State Register and for formal written public comments.8.
OPRHP is headed by Commissioner Harvey.
Factual Background & Allegations
By press release posted on the OPRHP website on April 9, 2012, OPRHP announceda new policy (subsequently identified in the State Register as “Smoking at OPRHP Facilities”), pursuant to which OPRHP “will create smoke-free areas in outdoor settings within state parks andhistoric sites where large numbers of people congregate, including around playgrounds and pools”(the policy announced on April 9, 2012 hereinafter referred to as the “Outdoor Smoking Policy”and the press release announcing the Outdoor Smoking Policy hereinafter referred to as the “April9, 2012 Press Release” - a copy of the April 9, 2012 Press Release is attached hereto as Exhibit“
” and is also available at nysparks.com/newsroom/press-releases/release.aspx?r=928).10.
Pursuant to the Outdoor Smoking Policy as detailed in the April 9, 2012 PressRelease, OPRHP announced, without any legislative authority whatsoever, that: (a) OPRHP willcreate “smoke-free areas . . . around all playgrounds and swimming pools, as well as other zonesspecifically designated as no-smoking areas” (including but not limited to beaches, picnic areas,gardens and concession stands); (b) “Riverbank, Roberto Clemente, East River, Clay Pit Ponds,