S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7615

                            I N  S E N A T E

                             April 26, 2010
                               ___________

Introduced  by  Sen.  DILAN  -- (at request of the Thruway Authority) --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Transportation

AN  ACT  to  amend the canal law, in relation to clarifying the purposes
  for which a revocable permit may be issued

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 100 of the canal law, as amended by chapter 335 of
the laws of 2001, is amended to read as follows:
  S 100. Granting revocable permits. The corporation is  hereby  author-
ized,  in  its  discretion,  to issue revocable permits granting certain
limited privileges therein, whenever the same can be done without detri-
ment to canal navigation or damage to  the  banks  or  other  structures
thereof. It shall prescribe the terms and conditions by which such revo-
cable  permits  may  be  issued  for the temporary use of canal lands or
structures and for the TEMPORARY diversion OR USE of  canal  waters  for
PURPOSES  INCLUDING,  BUT  NOT  LIMITED  TO,  sanitary, farm [purposes],
RECREATIONAL, COMMERCIAL or industrial use. It may also  issue  permits,
as  it  shall deem to be advantageous to the corporation, to any person,
firm or corporation, to cut, gather and haul away ice from  the  canals.
Whenever  any  space  and facilities are available at any canal terminal
and when no detriment or injury to canal traffic or  delay  in  handling
same  would result, the corporation may issue a revocable permit for the
temporary and restricted use or occupancy, of such  canal  terminal  and
the  facilities  thereof, pursuant to the rules and regulations which it
may prescribe. All permits heretofore granted by the corporation and not
canceled, are hereby legalized and  confirmed  and  made  effectual  and
valid  in  accordance  with  the  terms and conditions in said permit as
fully as if this chapter had been in force on the date  of  issuance  of
such  permit.  No liability of any kind shall attach to or rest upon the
state, including the corporation, for  any  damage  on  account  of  the
granting or revocation of any permit. Existing permit holders within the
Adirondack  park in compliance with the terms of permits which have been
properly issued pursuant to law shall continue to be afforded permits at

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15695-02-0

S. 7615                             2

least until the first day of June, nineteen hundred ninety-four,  unless
such  permit  holders fail to apply for permit renewal within six months
of the expiration of such existing or former permit or  permits,  or  by
the  first  day  of  August, nineteen hundred ninety-three, whichever is
later; provided, however, that no additional development right or rights
may be included in any permit renewed prior to the first  day  of  June,
nineteen  hundred ninety-five. Any revenue realized from the issuance of
such permits shall be deposited into the canal fund.
  S 2. This act shall take effect immediately.