Adds powers and duties to the canal corporation; directs the canal corporation to cause the design, preparation of plans, estimates and specifications and the supervision of the erection, construction, repair and removal of all structures referred to be performed by a licensed professional engineer; directs preparation of a flood response plan; makes related provisions.
STATE OF NEW YORK
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1442
2011-2012 Regular Sessions
IN ASSEMBLY
January 10, 2011
___________
Introduced by M. of A. DESTITO, LAVINE, REILLY, SCHROEDER -- Multi-Spon-
sored by -- M. of A. BOYLAND, CLARK, GLICK, MAGEE, MARKEY, MAYERSOHN,
McENENY, SWEENEY, TOWNS, WEISENBERG -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the canal law, in relation to the general powers and
duties of the canal corporation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 16 of section 10 of the canal law, as amended
2 by chapter 335 of the laws of 2001, is amended and three new subdivi-
3 sions 3-a, 9-b and 9-c are added to read as follows:
4 3-a. Cause the design, preparation of plans, estimates and specifica-
5 tions and the supervision of the erection, construction, repair and
6 removal of all structures heretofore referred to be performed by a
7 licensed professional engineer.
8 9-b. Operate the canal system in such a manner which mitigates flood-
9 ing along the system to protect to the extent possible life and property
10 on and along the canal system when expected and actual conditions
11 warrant.
12 9-c. Cause a flood response plan to be created to respond to expected
13 and actual flooding in the canal system.
14 (1) The flood response plan shall include, but not be limited to:
15 (i) a plan of action for communication with mariners, county emergency
16 managers and appropriate officials, and the state emergency management
17 office;
18 (ii) internal command and reporting coordination;
19 (iii) canal infrastructure operation, to include preemptive measures;
20 and
21 (iv) other elements as determined by the corporation and the depart-
22 ment of environmental conservation.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01701-01-1
A. 1442 2
1 (2) Such plan shall be prepared in consultation with the state emer-
2 gency management office and emergency managers from counties adjacent or
3 intersected by the canal system and the completed plan must be filed
4 with the offices thereof.
5 (3) The corporation shall submit a copy of such plan to the department
6 of environmental conservation within six months of the effective date of
7 this subdivision, and annually update and submit such plan thereafter.
8 16. Cause to be removed from canal lands and waters any encroachments
9 which in its judgment are detrimental, including the removal of debris.
10 § 2. This act shall take effect immediately.
