Rpld Arts 1-A, 6-A, 13-A, S2 sub 18, amd SS10 & 2, Can L; rpld SS382 & 383, S351 sub 13, add Art 2 Title 5
SS250 - 259, amd SS354, 355, 365 & 384, Pub Auth L; amd S481, Transp L; amd S174, Ec Dev L; amd S92-u, St Fin
L
Makes the canal corporation an independent public authority; takes the canal corporation out of the jurisdiction and authority of the New York state thruway authority; authorizes the canal authority to bond and lease; creates the canal recreationway commission and provides for the functions, powers and duties and plan of such commission.
STATE OF NEW YORK
________________________________________________________________________
2048
2011-2012 Regular Sessions
IN ASSEMBLY
January 11, 2011
___________
Introduced by M. of A. TEDISCO, AMEDORE, BURLING, CALHOUN, FINCH, McDO-
NOUGH -- Multi-Sponsored by -- M. of A. CONTE, CROUCH, DUPREY, GIGLIO,
McKEVITT, MOLINARO, RAIA, SALADINO, THIELE -- read once and referred
to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the canal law, the public authorities law, the transpor-
tation law, the economic development law and the state finance law, in
relation to making the canal corporation an independent public author-
ity; and repealing certain provisions of the canal law and the public
authorities law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Articles 1-A, 6-A and 13-A of the canal law are REPEALED.
2 § 2. Subdivision 2 of section 10 of the canal law, as amended by chap-
3 ter 335 of the laws of 2001, is amended to read as follows:
4 2. Appoint and remove all officers and employees in the administration
5 of canal matters in conformity with the provisions of title [nine] five
6 of article two of the public authorities law.
7 § 3. Subdivision 18 of section 2 of the canal law is REPEALED.
8 § 4. Sections 382 and 383 of the public authorities law are REPEALED.
9 § 5. Article 2 of the public authorities law is amended by adding a
10 new title 5 to read as follows:
11 TITLE 5
12 CANAL CORPORATION
13 Section 250. Canal corporation.
14 251. Bonding of canal corporation.
15 252. Authority to lease land.
16 253. Conditions and terms of leases.
17 254. Special conditions for leases entered prior to approval of
18 canal recreationway plan.
19 255. Canal recreationway commission.
20 256. Functions, powers and duties.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02047-01-1
A. 2048 2
1 257. Canal recreationway plan.
2 258. Title not affected if in part unconstitutional or ineffec-
3 tive.
4 259. Inconsistent provisions in other acts superseded.
5 § 250. Canal corporation. 1. There is hereby created a public benefit
6 corporation known as the "New York state canal corporation" (hereinafter
7 referred to as the "canal corporation"). The canal corporation is solely
8 created to, and shall have only the power to, operate, maintain,
9 construct, reconstruct, improve, develop, finance, and promote the New
10 York state canal system.
11 2. The canal corporation and any of its property, functions and activ-
12 ities shall have all of the privileges, immunities, tax exemptions and
13 other exemptions of the authority and of the authority's property, func-
14 tions and activities. There shall be six members appointed to the corpo-
15 ration. Such members shall be appointed as follows: two members by the
16 temporary president of the senate; two members by the speaker of the
17 assembly; one member by the minority leader of the senate; and one
18 member by the minority leader of the assembly. The canal corporation
19 may delegate to one or more of its members, or its officers, agents and
20 employees, such duties and powers as it may deem proper.
21 3. No officer or member of the canal corporation shall receive any
22 additional compensation, either direct or indirect, other than
23 reimbursement for actual and necessary expenses incurred in the perform-
24 ance of his or her duties, by reason of his or her serving as a member,
25 director or trustee of the canal corporation.
26 4. All officers, agents and employees of the canal corporation shall
27 be subject to the provisions of the civil service law which shall apply
28 to the canal corporation as a municipal corporation other than a city.
29 The canal corporation shall participate in the New York state and local
30 employees' retirement system.
31 5. The canal corporation shall have the power to:
32 (a) operate, maintain, construct, reconstruct, improve, develop,
33 finance and promote the New York state canal system as defined in the
34 canal law;
35 (b) sue and be sued;
36 (c) have a seal and alter the same at pleasure;
37 (d) make and alter by-laws for its organization and internal manage-
38 ment and make rules and regulations governing the use of its property
39 and facilities;
40 (e) appoint officers, agents and employees, who shall be subject to
41 section two hundred fifty-five of this title, and fix their compen-
42 sation;
43 (f) make and execute contracts and all other instruments necessary or
44 convenient for the exercise of its powers and functions under this
45 title;
46 (g) acquire, hold and dispose of real or personal property for its
47 corporate purposes;
48 (h) engage the services of private consultants on a contract basis for
49 rendering professional and technical assistance and advice;
50 (i) procure insurance against any loss in connection with its activ-
51 ities, properties and other assets, in such amount and from such insur-
52 ers as it deems desirable;
53 (j) invest any funds of the canal corporation, or any other monies
54 under its custody and control not required for immediate use or
55 disbursement, at the discretion of the canal corporation, in obligations
56 of the state or the United States government or obligations the princi-
A. 2048 3
1 pal and interest of which are guaranteed by the state or the United
2 States government, or in any other obligations in which the comptroller
3 of the state is authorized to invest pursuant to section ninety-eight-a
4 of the state finance law;
5 (k) prepare and submit a capital program plan pursuant to section ten
6 of the canal law;
7 (l) approve and implement the New York state canal recreationway plan
8 submitted pursuant to section two hundred fifty-seven of this title. The
9 canal corporation's review and approval of the canal recreationway plan
10 shall be based upon its consideration of a generic environmental impact
11 statement prepared by the canal corporation in accordance with article
12 eight of the environmental conservation law and the regulations there-
13 under. Prior to the implementation of any substantial improvement by the
14 canal corporation on canal lands, canal terminals or canal terminal
15 lands, or the lease of canal lands, canal terminals or canal terminal
16 lands for substantial commercial improvement, the canal corporation, in
17 addition to any review taken pursuant to section 14.09 of the parks,
18 recreation and historic preservation law, shall conduct a reconnaissance
19 level survey within three thousand feet of such lands to be improved of
20 the type, location and significance of historic buildings, sites and
21 districts listed on, or which may be eligible, for the state or national
22 registers of historic places. The findings of such survey shall be used
23 to identify significant historical resources and to determine whether
24 the proposed improvements are compatible with such historic buildings,
25 sites and districts;
26 (m) enter on any lands, waters or premises for the purpose of making
27 borings, soundings and surveys; and
28 (n) accept any gifts or any grant of funds or property from the feder-
29 al government or from the state or any other federal or state public
30 body or political subdivision or any other person and to comply with the
31 terms and conditions thereof.
32 6. (a) The canal corporation shall review the budget request submitted
33 by the canal recreationway commission pursuant to section two hundred
34 fifty-six of this title.
35 (b) The canal corporation, on or before the first day of November, two
36 thousand eleven and on or before the fifteenth day of September of each
37 year thereafter, shall submit to the director of the budget a request
38 for the expenditure of funds available from the New York state canal
39 system development fund pursuant to section ninety-two-u of the state
40 finance law or available from any other non-federal sources appropriated
41 from the state treasury.
42 (c) In the event that the request submitted by the canal corporation
43 to the director of the budget differs from the request submitted by the
44 commission to the canal corporation, then the request submitted by the
45 canal corporation to the director of the budget shall specify the
46 differences and shall set forth the reasons for such differences.
47 7. The canal corporation shall review the recommendations of the canal
48 recreationway commission concerning the future use of canal lands in the
49 Adirondack park issued pursuant to section two hundred fifty-six of this
50 title, and shall report to the governor and the legislature not later
51 than the first day of October, two thousand thirteen, identifying any
52 property not needed for canal purposes that may be transferred to the
53 department of environmental conservation.
54 8. The canal corporation shall have the power to issue bonds, notes or
55 other obligations.
A. 2048 4
1 § 251. Bonding of canal corporation. 1. (a) The canal corporation is
2 hereby authorized, as an additional corporate purpose thereof, to issue
3 its bonds, notes and other obligations in conformity with applicable
4 provisions of the uniform commercial code for purposes of financing the
5 construction, reconstruction, development and improvement of the New
6 York state canal system.
7 (b) The canal corporation may issue bonds, notes or other obligations
8 pursuant to paragraph (a) of this subdivision in an aggregate principal
9 amount not exceeding sixty million dollars plus a principal amount of
10 bonds, notes or other obligations issued (i) to fund any related debt
11 service reserve fund, (ii) to provide capitalized interest for a period
12 not exceeding six months, except that where the proceeds of such bonds,
13 notes or other obligations are expended on a revenue-producing project,
14 such period shall be that allowable under the United States internal
15 revenue code of nineteen hundred eighty-six, as amended, in order to
16 preserve the exclusion of interest on such bonds, notes or other obli-
17 gations from federal income taxation, and (iii) to provide fees and
18 other charges and expenses, including underwriters' discounts, related
19 to the issuance of such bonds, notes and other obligations and the main-
20 tenance of such reserves, all as determined by the authority, excluding
21 bonds, notes and other obligations issued to refund outstanding bonds,
22 notes and other obligations issued pursuant to this section.
23 (c) The canal corporation, in addition to the bonds, notes and other
24 obligations authorized pursuant to paragraph (b) of this subdivision,
25 may issue bonds, notes or other obligations pursuant to paragraph (a) of
26 this subdivision in an aggregate principal amount not exceeding ten
27 million dollars for the purpose of funding capital construction and
28 reconstruction projects on the New York state canal system which are
29 deemed by the authority as necessary due to the existence of an emergen-
30 cy involving danger to life, safety or property which requires immediate
31 action. Provided, however, that no such bonds, notes or other obli-
32 gations shall be issued pursuant to this paragraph until the authority
33 has exhausted its authorization pursuant to paragraph (b) of this subdi-
34 vision.
35 (d) In computing the total principal amount of bonds, notes and other
36 obligations that may at any time be issued for any purpose under this
37 section, the amount of the bonds, notes or other obligations that
38 constitutes interest under the United States internal revenue code of
39 nineteen hundred eighty-six, as amended, shall be excluded.
40 2. All of the provisions of this title relating to bonds, notes and
41 other obligations, which are not inconsistent with this section, shall
42 apply to obligations authorized by this section, including but not
43 limited to the power to issue renewal notes or refunding bonds thereof.
44 § 252. Authority to lease land. 1. The canal corporation is hereby
45 authorized, after review and comment by the commission as to consistency
46 with the canal recreationway plan approved pursuant to section two
47 hundred fifty-seven of this title, to enter into leases of canal lands,
48 canal terminals and canal terminal lands which are consistent with the
49 canal recreationway plan. Such review and comment shall be provided
50 within the time period set forth in the procedures of the commission
51 established pursuant to section two hundred fifty-six of this title
52 which shall be no more than sixty days.
53 2. Lands to be leased shall be determined by the canal corporation to
54 have no essential purpose for navigation.
55 3. Leases of canal lands, canal terminals and canal terminal lands
56 shall be for purposes which are consistent with the New York state canal
A. 2048 5
1 recreationway plan approved pursuant to section two hundred fifty-seven
2 of this title.
3 4. The canal corporation shall consider fully completed applications
4 for leases of canal lands, canal terminals and canal terminal lands in
5 such form and manner as the canal corporation shall prescribe.
6 5. Canal lands, canal terminals and canal terminal lands within the
7 Adirondack park shall not be leased.
8 6. The canal corporation shall provide assistance, including reason-
9 able access to lands, as may be necessary to assist potential applicants
10 in preparing an application.
11 7. The canal corporation may require an applicant for a lease to
12 provide necessary property surveys, environmental studies, maps and
13 photographs, site plans and such other documents and studies as the
14 canal corporation may determine to be necessary to ascertain the compat-
15 ibility of proposed development with the New York state canal recrea-
16 tionway plan and for the canal corporation to select a qualified lessee.
17 8. Revenues realized from the lease of canal lands, canal terminals
18 and canal terminal lands shall be deposited into the canal fund pursuant
19 to section ninety-two-u of the state finance law.
20 § 253. Conditions and terms of leases. Leases for canal lands, canal
21 terminals and canal terminal lands shall include:
22 1. the period of time for such leases, provided that the initial term
23 of such leases may not exceed forty years, and renewals of such leases
24 may not exceed an additional forty years beyond such initial terms;
25 2. requirements that the lessee take no actions or construct no
26 improvements that will interfere with navigation, except that if the
27 canal corporation determines that any potential adverse interference
28 with navigation can be reasonably mitigated, the canal corporation shall
29 include in the lease such requirements as may be necessary to effectuate
30 mitigation of impediments to navigation, proper covenants to assure the
31 payment of adequate consideration for the interests leased, and to
32 further protect the state and the corporation as is deemed necessary by
33 the canal corporation;
34 3. provisions requiring that payments on the lease shall be paid to
35 the canal corporation;
36 4. provisions relating to public access, where feasible, to lands and
37 waters of the canal system; provided however that the canal corporation
38 may require that public access be restricted in those cases where the
39 canal corporation determines that public safety will be served by such
40 restriction;
41 5. provisions providing a right of entry for the commission and canal
42 corporation members and personnel and equipment for canal purposes; and
43 6. such other terms as the canal corporation shall determine are
44 necessary and appropriate for the implementation of this title and the
45 preservation of the state's interest in the canal system.
46 § 254. Special conditions for leases entered prior to approval of
47 canal recreationway plan. 1. In the period between the effective date of
48 this section and the completion of the canal recreationway plan, the
49 commission shall review and comment on proposed leases with respect to
50 the consistency of such leases with the provisions of the canal law.
51 Where local zoning laws and zoning ordinances are in effect on lands
52 proposed to be leased or on lands adjacent to those lands proposed to be
53 leased, during such period the commission shall also review and comment
54 on proposed leases with respect to the compatibility of such leases, to
55 the extent practicable, with the requirements of such local zoning laws
56 and zoning ordinances.
A. 2048 6
1 2. In addition to the other applicable provisions of this title, the
2 canal corporation shall ensure that:
3 (a) the lease will benefit the canal system by effectuating the devel-
4 opment of the canal as a recreationway;
5 (b) the lease will foster a canal system characterized by clusters of
6 development and stretches of undeveloped open space which is conducive
7 to the preservation of waterfowl, fish and wildlife habitats; and
8 (c) may encourage the use of historic buildings, sites and districts
9 listed on or eligible for the state or national registers of historic
10 places.
11 § 255. Canal recreationway commission. 1. There is hereby established
12 a canal recreationway commission (hereinafter referred to as the
13 "commission") consisting of the following members:
14 (a) the chair of the canal corporation, the commissioner of transpor-
15 tation, the commissioner of the office of parks, recreation and historic
16 preservation and the commissioner of environmental conservation, or
17 their representatives;
18 (b) twelve individuals involved in canal use, development, preserva-
19 tion or enhancement and local governments from counties adjacent to or
20 intersected by the canal system appointed by the governor of whom three
21 shall be appointed at the recommendation of the temporary president of
22 the senate, three shall be appointed at the recommendation of the speak-
23 er of the assembly, one shall be appointed by the minority leader of the
24 senate and one shall be appointed by the minority leader of the assem-
25 bly. In appointing such members, the governor shall ensure geographic
26 representation from each of the canal sections encompassing the canal
27 system, including at least one representative from counties in which the
28 Erie, Champlain, Cayuga-Seneca and Oswego canals are located. In addi-
29 tion, individuals appointed to the commission shall be broadly represen-
30 tative of the following areas of interest: preservation of the environ-
31 ment, the operation of tour boats on the canal, the operation of marinas
32 on the canal, recreational trail users, hunting and fishing, tourist
33 promotion agencies as defined in section one hundred sixty-two of the
34 economic development law, historic preservation, the commercial farming
35 industry and the commercial shipping industry, provided that with
36 respect to appointment of an individual representative of the commercial
37 farming industry or commercial shipping industry, such an individual may
38 reside outside of a county adjacent to or intersected by the canal
39 system if such person holds an ownership interest or senior managerial
40 position in a commercial farming firm or commercial shipping firm,
41 respectively, which regularly uses the canal system in furtherance of
42 its business; and
43 (c) the commissioner of economic development and the secretary of
44 state, or their representatives, and a member from each of the regional
45 planning boards, as established by articles five-G and twelve-B of the
46 general municipal law, whose region is intersected by the canal shall be
47 ex-officio, non-voting members of the commission and shall provide tech-
48 nical expertise and advice to the commission as necessary.
49 2. The chairperson of the commission shall be the chair of the canal
50 corporation. The members of the commission may elect a secretary and
51 other necessary officers to serve for such a period as the members shall
52 decide.
53 3. Members of the commission, except commissioners of a state agency,
54 chairs of public authorities, the secretary of state, and represen-
55 tatives of regional planning boards shall serve for a term of four years
56 and may be reappointed; however, of those members appointed initially,
A. 2048 7
1 three such members, one appointed by the governor, one appointed by the
2 temporary president of the senate and one appointed by the speaker of
3 the assembly shall be appointed for terms of two years, and three such
4 members, one appointed by the governor, one appointed by the temporary
5 president of the senate and one appointed by the speaker of the assembly
6 shall be appointed for terms of three years.
7 4. Any member, except a member who is a state official, after notice
8 and an opportunity to be heard, may be removed by the governor for
9 neglect of duty or malfeasance in office. Any member, except a member
10 who is a state official, who fails to attend three consecutive meetings
11 of the commission, unless excused by formal vote of the commission,
12 shall be deemed to have vacated his or her position.
13 5. Any vacancy in the commission shall be filled for the unexpired
14 term in the same manner as the original appointment.
15 6. A majority of the voting members of the commission then in office,
16 at least five of whom are not appointed pursuant to paragraph (a) of
17 subdivision one of this section, shall constitute a quorum for the tran-
18 saction of any business or the exercise of any power or function of the
19 commission. An act, determination or decision of the majority of the
20 members present and entitled to vote during the presence of a quorum
21 shall be held to be the act, determination or decision of the commis-
22 sion.
23 7. The commission shall meet at least quarterly at the call of its
24 chairperson. Special meetings shall be called at the request of a major-
25 ity of the members of the commission then in office.
26 8. Members of the commission shall not receive compensation for their
27 services as members, but shall be allowed their actual and necessary
28 expenses incurred in the performance of their duties.
29 § 256. Functions, powers and duties. The commission shall:
30 1. Develop, maintain and periodically revise a statewide canal recrea-
31 tionway plan for the canal system. Such plan shall be developed in
32 accordance with the provisions of section two hundred fifty-seven of
33 this title and shall be submitted to the canal corporation for its
34 consideration no later than the first day of June, two thousand thir-
35 teen.
36 2. Solicit input from counties intersecting or bordering the canal
37 system and incorporate it to the greatest degree practicable in the
38 development of the canal recreationway plan. In order to facilitate such
39 incorporation commission members representing each of the regional plan-
40 ning boards shall request from and provide assistance to each county it
41 represents in the preparation of a county canal plan. Multi-county canal
42 plans may be requested by the regional planning board representative, as
43 deemed appropriate, in lieu of individual county canal plans. In a
44 region where a regional planning board does not exist, the commission
45 shall solicit county canal plans from each of the chief executive offi-
46 cers of those counties outside the jurisdiction of a regional planning
47 board. The commission shall prescribe uniform guidelines concerning the
48 format of plans to be used by the regional planning board represen-
49 tatives to assist counties in the preparation of county canal plans. The
50 regional planning board representative shall encourage the development
51 of county canal plans that reflect participation by diverse local inter-
52 ests by seeking advice, to the extent possible, from individuals and
53 organizations from such counties with an interest in recreation, hunting
54 and fishing, the environment, canal related tourism businesses, historic
55 preservation and commercial development along the canal. In order to be
56 considered in the formulation of the canal recreationway plan, county
A. 2048 8
1 canal plans must be submitted to the commission not later than the first
2 day of June, two thousand twelve.
3 3. Ensure public comment on the canal recreationway plan, including at
4 least three public hearings on such plan prior to submission of such
5 plan to the canal corporation.
6 The commission may also hold hearings on other matters it deems appro-
7 priate.
8 4. If deemed appropriate, request that studies, surveys or analyses be
9 performed by the canal corporation, the departments of transportation,
10 economic development and environmental conservation and/or the office of
11 parks, recreation and historic preservation to assist in the develop-
12 ment, promotion, marketing and/or preservation of the canal system or
13 the preparation of the canal recreationway plan. At the request of the
14 commission, state agencies and public authorities shall cooperate fully
15 and shall provide requested information in a timely manner.
16 5. Advise and assist the canal corporation in carrying out its duties
17 and obligations related to the canal in the following manner:
18 (a) evaluate and make recommendations for new operational, maintenance
19 and capital initiatives or projects to enhance the canal;
20 (b) establish criteria and procedures for the review by the commission
21 for consistency with the canal recreationway plan of abandonments of
22 canal lands, canal terminals and canal terminal lands, and leases of
23 canal lands, canal terminals and canal terminal lands proposed by the
24 canal corporation pursuant to this title; provided, however, that where
25 local zoning laws and zoning ordinances are in effect on lands proposed
26 to be leased or on lands adjacent to those lands proposed to be leased
27 such review shall include, to the extent practicable, the consideration
28 of the compatibility of such leases with the requirements of such local
29 zoning laws and zoning ordinances; and provided further that the commis-
30 sion may determine that certain categories of leases do not require
31 review;
32 (c) submit to the canal corporation, the director of the budget and
33 the chairpersons of the senate finance committee and the assembly ways
34 and means committee, on the first day of October, two thousand eleven,
35 and on or before the first day of August in each year thereafter, a
36 budget request for the operations of the commission. Such request shall
37 include provisions for staff services and other administrative assist-
38 ance as deemed necessary by the commission to perform its functions and
39 meet its responsibilities during the next calendar year. The canal
40 corporation shall provide staff services to the commission and such
41 other administrative assistance as may be necessary for the commission
42 to carry out its functions, powers and duties;
43 (d) submit to the canal corporation, the director of the budget and
44 the chairpersons of the senate finance committee and the assembly ways
45 and means committee, on the first day of October, two thousand eleven,
46 and on or before the first day of August in each year thereafter, a
47 budget request for the expenditure of funds available from the canal
48 fund, for the purposes established by section ninety-two-u of the state
49 finance law. Submissions made during the initial years shall give fund-
50 ing priority for expenditures related to the development and/or
51 promotion of the canal system;
52 (e) undertake a comprehensive study of alternative waterway and canal
53 toll and fee structures, including but not limited to, a comparative
54 analysis of other existing waterway and canal systems, the impact of
55 various toll and fee structures on recreational use, tourism, and
56 commercial activity; and the revenue implications for each of these
A. 2048 9
1 alternatives. The commission shall make recommendations to the canal
2 corporation by the first day of April, two thousand twelve, on appropri-
3 ate tolls and fees to be charged for the use of the canal system and
4 shall provide an update on the implementation of such recommendations by
5 the first day of April, two thousand thirteen; and
6 (f) utilize information provided by the canal corporation and other
7 state agencies and departments, pursuant to section ten of the canal
8 law, surveying canal lands within the Adirondack park and studying
9 current land uses, to make recommendations to the canal corporation, no
10 later than the first day of June, two thousand twelve, concerning the
11 future use of canal lands within the Adirondack park, including but not
12 limited to the utilization of existing properties under revocable
13 permits; and the identification of any property not needed for canal
14 purposes that may be transferred to the department of environmental
15 conservation.
16 6. Establish committees as it deems appropriate on matters relating to
17 the commission's functions, powers and duties; such committees shall be
18 chaired by a commission member but may include persons not members of
19 the commission who provide expertise of interest specific to the charge
20 of such committee.
21 7. Create a temporary committee which shall include the commissioner
22 of the department of economic development and the commissioner of the
23 office of parks, recreation and historic preservation or their represen-
24 tatives and others with appropriate expertise to identify opportunities
25 for achieving the economic development potential of the canal recrea-
26 tionway and to make recommendations for specific implementation of these
27 opportunities, including recommendations for marketing and promotion
28 designed to attract tourists.
29 8. Create a temporary committee, which may include appropriately
30 accredited professionals, to assess and report to the authority on
31 issues associated with managing the waters of the canal system, includ-
32 ing issues relating to recreational use, habitats and flood prone areas.
33 9. Report on or before March thirty-first of each year commencing two
34 thousand twelve to the canal corporation, the governor, the temporary
35 president of the senate and the speaker of the assembly on the activ-
36 ities of the commission with respect to the functions, powers and duties
37 established in this section.
38 § 257. Canal recreationway plan. 1. The commission shall, in accord-
39 ance with the provisions of section two hundred fifty-six of this title,
40 formulate a statewide canal recreationway plan for the canal system that
41 is based upon the inventory prepared pursuant to subdivision twenty-
42 three of section ten of the canal law and that is consistent with the
43 land use concepts contained in the state land acquisition plan
44 prepared pursuant to section 49-0207 of the environmental conservation
45 law and in the statewide park and recreation plan prepared pursuant to
46 section 3.15 of the parks, recreation and historic preservation law. The
47 canal recreationway plan shall include, but not be limited to:
48 (a) criteria for uses of the canal system which will effectuate the
49 goal and objective of developing the canal into a recreationway system;
50 (b) provisions for fostering a canal system characterized by clusters
51 of development connected by stretches of undeveloped open space in areas
52 between cities, villages and hamlets which will be conducive to the
53 preservation of waterfowl, fish and wildlife habitats;
54 (c) provisions for the consideration of environmental resources,
55 including lands which possess significance for wildlife management,
A. 2048 10
1 recreation or natural resource protection purposes and significant
2 freshwater wetlands;
3 (d) provisions which protect the public interest in such lands and
4 waters for purposes of commerce, navigation, fishing, hunting, bathing,
5 recreation and access to the lands and waters of the state, and other-
6 wise encourage increased public access to the canal through the estab-
7 lishment of parks, scenic byways and recreational trails on the canal
8 system. Such provisions shall ensure the public safety;
9 (e) provisions to protect agricultural uses of canal land and waters;
10 (f) provisions for appropriate development of businesses in appropri-
11 ate locations which will support outdoor recreation activities;
12 (g) provisions which give guidance to the authority with respect to
13 managing water levels in reservoirs to provide water to the canal system
14 and retain water for recreational purposes;
15 (h) provisions to protect commercial shipping interests on the canal
16 system; and
17 (i) provisions for the consideration of historic buildings, sites and
18 districts.
19 2. The canal recreationway plan shall establish goals and objectives
20 with respect to implementation, with provision for amendment of such
21 plan to reflect changing conditions.
22 3. (a) The corporation shall act upon the canal recreationway plan
23 submitted by the commission within four months after its submission and
24 shall approve such plan unless it finds that such plan, or any part
25 thereof: (i) is not financially or operationally feasible; (ii) would
26 violate any federal or state law, rule or regulation; (iii) violates
27 agreements with noteholders or bondholders of the authority; (iv) inter-
28 feres with existing contracts; or (v) is inconsistent with the findings
29 of the generic environmental impact statement undertaken pursuant to
30 section two hundred fifty of this title.
31 (b) In the event that the corporation finds that the canal recreation-
32 way plan cannot be approved in its entirety, it may approve such
33 portions of such plan as it deems appropriate, and shall recommend
34 changes to the remaining portions of such plan to the commission. The
35 commission shall then have three months in which to consider the recom-
36 mendations of the canal corporation and submit a revised plan or
37 portions thereof to the canal corporation.
38 (c) Upon the approval of the canal recreationway plan or a portion of
39 such plan as provided in this section, the canal corporation shall
40 deliver within ten days a copy of such plan or portion of such plan to
41 the governor, the temporary president of the senate and the speaker of
42 the assembly, with a dated notice of such approval.
43 § 258. Title not affected if in part unconstitutional or ineffective.
44 If any section, clause or provision of this title shall be unconstitu-
45 tional or be ineffective in whole or in part, to the extent that it is
46 not unconstitutional or ineffective, it shall be valid and effective and
47 no other section, clause or provision shall on account thereof be deemed
48 invalid or ineffective.
49 § 259. Inconsistent provisions in other acts superseded. Insofar as
50 the provisions of this title are inconsistent with the provisions of any
51 other act, general or special, the provisions of this title shall be
52 controlling.
53 § 6. Subdivisions 9 and 10 of section 481 of the transportation law,
54 as added by section 1 of part A of chapter 60 of the laws of 2005, are
55 amended to read as follows:
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1 9. "Canal corporation" shall mean the New York state canal corporation
2 created pursuant to section [three hundred eighty-two] two hundred fifty
3 of the public authorities law.
4 10. "Canal system" shall [mean the "New York state canal system", as
5 such term is defined by subdivision ten of section three hundred fifty-
6 one of the public authorities law] have the same meaning as the term
7 "canal corporation" as defined by subdivision nine of this section.
8 § 7. Subdivision 13 of section 351 of the public authorities law is
9 REPEALED.
10 § 8. Section 355 of the public authorities law, as amended by chapter
11 138 of the laws of 1997, is amended to read as follows:
12 § 355. Officers and employees; transfer, promotion and seniority. 1.
13 Officers and employees of state departments, or agencies[, or the canal
14 corporation] may be transferred to the authority and officers, agents
15 and employees of the authority may be transferred to state departments,
16 or agencies[, or the canal corporation], without examination and without
17 loss of any civil service status or rights. No such transfer from the
18 authority [or canal corporation] to any state department, agency, or
19 division may, however, be made except with the approval of the head of
20 the state department, agency, or division involved and the director of
21 the budget and in compliance with the rules and regulations of the state
22 civil service commission.
23 2. Promotions from positions in state departments and agencies to
24 positions in the authority [or canal corporation,] and vice versa, may
25 be made from interdepartmental promotion lists resulting from promotion
26 examinations in which employees of the authority[, employees of the
27 canal corporation], and employees of the state are eligible to partic-
28 ipate.
29 3. In computing seniority for purposes of promotion or for purposes of
30 suspension or demotion upon the abolition of positions in the service of
31 the authority or in the service of the state, in the case of an employee
32 of the authority a period of prior employment in the service of the
33 state shall be counted in the same manner as though such period of
34 employment had been in the service of the authority, and in the case of
35 an employee of the state a period of prior employment in the service of
36 the authority shall be counted in the same manner as though such period
37 of employment had been in the service of the state. For the purposes of
38 the establishment and certification of preferred lists, employees
39 suspended from the authority shall be eligible for reinstatement in the
40 service of the state, and employees suspended from the service of the
41 state shall be eligible for reinstatement in the service of the authori-
42 ty, in the same manner as though the authority were a department of the
43 state. [All provisions contained within this subdivision shall apply to
44 the canal corporation in the same manner that they apply to the authori-
45 ty.]
46 § 9. Subdivisions 4, 20 and 21 of section 2 of the canal law, subdivi-
47 sion 4 as amended by chapter 584 of the laws of 2007, subdivision 20 as
48 added by chapter 766 of the laws of 1992, subdivision 21 as added by
49 chapter 442 of the laws of 1996 and subdivisions 20 and 21 as renumbered
50 by chapter 335 of the laws of 2001, are amended to read as follows:
51 4. "Erie Canal" shall mean the portion of the canal system connecting
52 the Hudson river at Albany with the Niagara river at Buffalo, and for
53 the purposes of [article thirteen-A of this chapter and] section nine-
54 ty-two-u of the state finance law and subdivision ten of section three
55 hundred fifty-one of the public authorities law, shall be deemed to
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1 include the historic Erie Canal and its western terminus in the city of
2 Buffalo and historic lock number 1 in the city of Albany.
3 20. "Commission" shall mean the canal recreationway commission created
4 pursuant to section [one hundred thirty-eight-a of this chapter] two
5 hundred fifty-five of the public authorities law.
6 21. "Corporation" shall mean the New York state canal corporation[, a
7 subsidiary of the New York state thruway authority,] created pursuant to
8 section [three hundred eighty-two] two hundred fifty of the public
9 authorities law.
10 § 10. Subdivisions 10 and 24 of section 10 of the canal law, as
11 amended by chapter 335 of the laws of 2001, are amended to read as
12 follows:
13 10. Enforce compliance with laws, rules and regulations relating to
14 posting of limited loads and clearances on all bridges over the canal
15 system under the jurisdiction of the department of transportation pursu-
16 ant to [section six and] article seven of this chapter.
17 24. Prepare on an annual basis a detailed five-year capital plan for
18 the maintenance and improvement of canal infrastructure. Such plan shall
19 set system-wide goals and objectives for capital spending and, commenc-
20 ing January first, nineteen hundred ninety-five, describe the compat-
21 ibility of such plan to the canal recreationway plan approved pursuant
22 to section [one hundred thirty-eight-c of this chapter] two hundred
23 fifty-five of the public authorities law. Such plan shall include but
24 not be limited to such capital project categories as locks, canal bridg-
25 es, channels, shorelines, dams, guard gates, and other structures neces-
26 sary for safe and successful operation of the canal system. The plan
27 shall also include a detailed schedule of all capital projects which the
28 authority intends to undertake within the next five years and shall
29 provide the following information for each such capital project: (a) a
30 description of the project; (b) an indication of the category into which
31 the project has been classified in the capital plan; (c) the estimated
32 total cost of the project and expenditures by year for such project; (d)
33 the actual disbursements by project for the prior year; and (e) the
34 estimated dates of project initiation and completion. The plan shall
35 also include a statement of the mix of financing methods to be used by
36 the authority for financing the capital plan. The capital plan shall be
37 submitted to the governor, the temporary president of the senate and the
38 speaker of the assembly on the first day of January of each year
39 commencing in nineteen hundred ninety-three.
40 § 11. Subdivision 6 of section 174 of the economic development law, as
41 added by chapter 497 of the laws of 1988, is amended to read as follows:
42 6. "Board" means the Barge canal planning and development board as
43 established in [article thirteen-A of the canal law] title five of arti-
44 cle two of the public authorities law.
45 § 12. Subdivision 10 of section 354 of the public authorities law, as
46 amended by chapter 766 of the laws of 1992, is amended to read as
47 follows:
48 10. To construct, reconstruct or improve on or along the thruway
49 system in the manner herein provided, suitable facilities for gas
50 stations, restaurants, and other facilities for the public, or to lease
51 the right to construct, reconstruct or improve and operate such facili-
52 ties; such facilities shall be publicly offered for leasing for opera-
53 tion, or the right to construct, reconstruct or improve and operate such
54 facilities shall be publicly offered under rules and regulations to be
55 established by the authority, provided, however, that lessees operating
56 such facilities at the time this act becomes effective, may reconstruct
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1 or improve them or may construct additional like facilities, in the
2 manner and upon such terms and conditions as the board shall determine;
3 and provided further, however, that such facilities constructed, recon-
4 structed or improved on or along the canal system shall be consistent
5 with the canal recreationway plan approved pursuant to section [one
6 hundred thirty-eight-c of the canal law and section three hundred eight-
7 y-two of this title] two hundred fifty-five of this article;
8 § 13. Paragraph (a) of subdivision 1 of section 365 of the public
9 authorities law, as amended by chapter 766 of the laws of 1992, is
10 amended to read as follows:
11 (a) Subject to the provisions of section three hundred sixty-six of
12 this title, the authority shall have the power and is hereby authorized
13 from time to time to issue its negotiable notes and bonds in conformity
14 with applicable provisions of the uniform commercial code in such prin-
15 cipal amount as, in the opinion of the authority, shall be necessary to
16 provide sufficient moneys for achieving the corporate purposes thereof,
17 including construction, reconstruction and improvement of the thruway
18 sections and connections, and highway connections [herein] described in
19 this section, the New York state canal system subject to the provisions
20 of section [three hundred eighty-three of this title] two hundred
21 fifty-one of this article, together with suitable facilities and
22 appurtenances, the payment of all indebtedness to the state, the cost of
23 acquisition of all real property, the expense of maintenance and opera-
24 tion, interest on notes and bonds during construction and for a reason-
25 able period thereafter, establishment of reserves to secure notes or
26 bonds, and all other expenditures of the authority incident to and
27 necessary or convenient to carry out its corporate purposes and powers.
28 § 14. Subparagraph (iii) of paragraph (a) of subdivision 1 of section
29 384 of the public authorities law, as amended by chapter 634 of the laws
30 of 1996, is amended to read as follows:
31 (iii) the project, or portions thereof, known as the Stewart airport
32 access project located in Orange county to provide direct access to
33 Stewart international airport from interstate eighty-four in the vicini-
34 ty of the airport. [Notwithstanding the provisions of article VI-A and
35 section one hundred thirty-eight-c of the canal law and paragraph (m) of
36 subdivision seven of section three hundred eighty-two of this chapter,
37 the New York state thruway authority, or the subsidiary corporation
38 thereof, is authorized to enter into an agreement with the city of Syra-
39 cuse for the leasing of the land comprising the inner harbor project in
40 Onondaga county.] Any projects for the construction, reconstruction or
41 improvement of property or structures undertaken pursuant to this
42 section shall be in full compliance with title thirteen of article twen-
43 ty-seven of the environmental conservation law and shall be deemed
44 public works for the purposes of section two hundred twenty of the labor
45 law and section one hundred three of the general municipal law, except
46 that any contracts let by the authority for the construction, recon-
47 struction or improvement of such projects shall be subject to section
48 three hundred fifty-nine of this title. For the purposes of article
49 fifteen-A of the executive law only, the authority shall be deemed a
50 state agency as that term is used in such article and its contracts for
51 such projects as provided in this article shall be deemed state
52 contracts within the meaning set forth in such article.
53 § 15. Subdivisions 2 and 5 of section 92-u of the state finance law,
54 subdivision 2 as added by chapter 766 of the laws of 1992 and subdivi-
55 sion 5 as amended by chapter 483 of the laws of 1996, are amended to
56 read as follows:
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1 2. Such fund shall consist of all revenues received from the operation
2 of the New York state canal system as defined in [section three hundred
3 fifty-one of the public authorities law and] section two of the canal
4 law, including payments on leases for use of canal lands, terminals and
5 terminal lands, tolls received for lock and lift bridge passage,
6 payments for hydroelectric easements and sales, for purchase of other
7 abandoned canal lands, payments for any permits and leases for use of
8 the water and lands of the system and payments for use of dry docks and
9 other moneys made available to the fund from any other source other than
10 a grant, loan or other inter-corporate transfer of funds of the New York
11 state [thruway authority] canal corporation, and any income earned by,
12 or incremental to, the fund due to investment thereof, or any repayment
13 of any moneys advanced by the fund.
14 5. Moneys of the fund, following appropriation by the legislature,
15 shall be available to the New York state [thruway authority and shall be
16 expended by such authority or subsidiary corporation thereof] canal
17 corporation only for the maintenance, construction, reconstruction,
18 development or promotion of the canal system; provided, however, that in
19 the initial years, expenditures of moneys of the fund for the develop-
20 ment and/or promotion of the canal system shall be accorded a priority
21 by [the authority or subsidiary corporation thereof] such corporation.
22 In addition, moneys of the fund may be used for the purposes of inter-
23 pretive signage and promotion for appropriate historically significant
24 Erie canal lands and related sites. Moneys shall be paid out of the
25 fund by the state comptroller on certificates issued by the director of
26 the budget.
27 § 16. This act shall take effect on the one hundred eightieth day
28 after it shall have become a law; provided, however, that effective
29 immediately, the addition, amendment and/or repeal of any rule or regu-
30 lation necessary for the implementation of this act on its effective
31 date are authorized and directed to be made and completed on or before
32 such effective date.
