S T A T E O F N E W Y O R K
________________________________________________________________________
1066
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DESTITO, REILLY, KOON, SCHROEDER, LAVINE --
Multi-Sponsored by -- M. of A. BOYLAND, CHRISTENSEN, 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:
Section 1. Subdivision 16 of section 10 of the canal law, as amended
by chapter 335 of the laws of 2001, is amended and three new subdivi-
sions 3-a, 9-b and 9-c are added to read as follows:
3-A. CAUSE THE DESIGN, PREPARATION OF PLANS, ESTIMATES AND SPECIFICA-
TIONS AND THE SUPERVISION OF THE ERECTION, CONSTRUCTION, REPAIR AND
REMOVAL OF ALL STRUCTURES HERETOFORE REFERRED TO BE PERFORMED BY A
LICENSED PROFESSIONAL ENGINEER.
9-B. OPERATE THE CANAL SYSTEM IN SUCH A MANNER WHICH MITIGATES FLOOD-
ING ALONG THE SYSTEM TO PROTECT TO THE EXTENT POSSIBLE LIFE AND PROPERTY
ON AND ALONG THE CANAL SYSTEM WHEN EXPECTED AND ACTUAL CONDITIONS
WARRANT.
9-C. CAUSE A FLOOD RESPONSE PLAN TO BE CREATED TO RESPOND TO EXPECTED
AND ACTUAL FLOODING IN THE CANAL SYSTEM.
(1) THE FLOOD RESPONSE PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) A PLAN OF ACTION FOR COMMUNICATION WITH MARINERS, COUNTY EMERGENCY
MANAGERS AND APPROPRIATE OFFICIALS, AND THE STATE EMERGENCY MANAGEMENT
OFFICE;
(II) INTERNAL COMMAND AND REPORTING COORDINATION;
(III) CANAL INFRASTRUCTURE OPERATION, TO INCLUDE PREEMPTIVE MEASURES;
AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03776-01-9
A. 1066 2
(IV) OTHER ELEMENTS AS DETERMINED BY THE CORPORATION AND THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION.
(2) SUCH PLAN SHALL BE PREPARED IN CONSULTATION WITH THE STATE EMER-
GENCY MANAGEMENT OFFICE AND EMERGENCY MANAGERS FROM COUNTIES ADJACENT OR
INTERSECTED BY THE CANAL SYSTEM AND THE COMPLETED PLAN MUST BE FILED
WITH THE OFFICES THEREOF.
(3) THE CORPORATION SHALL SUBMIT A COPY OF SUCH PLAN TO THE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF
THIS SUBDIVISION, AND ANNUALLY UPDATE AND SUBMIT SUCH PLAN THEREAFTER.
16. Cause to be removed from canal lands AND WATERS any encroachments
which in its judgment are detrimental, INCLUDING THE REMOVAL OF DEBRIS.
S 2. This act shall take effect immediately.