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

                                  1120

                       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 -- Multi-Sponsored by -- M.
  of  A.  CLARK, ESPAILLAT, GLICK, MAYERSOHN, McENENY, TOWNS, WEISENBERG
  -- read once and referred to the Committee on Environmental  Conserva-
  tion

AN  ACT  to  amend  the canal law, in relation to establishing the pilot
  water level management program and hydraulic model

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

  Section  1.  The  canal  law is amended by adding a new section 135 to
read as follows:
  S 135. PILOT WATER LEVEL MANAGEMENT PROGRAM. 1. PILOT  PROGRAM.    THE
CORPORATION SHALL ESTABLISH AND OPERATE THE PILOT WATER LEVEL MANAGEMENT
PROGRAM  FOR  THE  PURPOSE OF ENHANCING NAVIGATION AND FLOOD MITIGATION,
IMPROVING REAL-TIME FLOOD FORECASTING, ENABLING PRO-ACTIVE FLOOD RESPON-
SIVENESS  AND  DEVELOPING  UNIFIED  OPERATING  PROCEDURES  THROUGH   THE
COLLECTION,  ANALYSIS, COORDINATION AND DISSEMINATION OF REAL-TIME WATER
AND SYSTEMS DATA IN AND ALONG THE CANAL SYSTEM. SUCH  PROGRAM  SHALL  BE
DESIGNED  FOR AND IMPLEMENTED IN THE MOHAWK RIVER BASIN CANAL SYSTEM AND
INCLUDE LOCKS SEVEN THROUGH TWENTY-TWO. THE PILOT WATER LEVEL MANAGEMENT
PROGRAM SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A) THE EVALUATION OF EXISTING WATER MANAGEMENT INFRASTRUCTURE INCLUD-
ING GAUGES AT LOCKS, IN AND ALONG THE CANAL SYSTEM,  FEEDER  TRIBUTARIES
AND AFFECTING RESERVOIRS;
  (B) THE IMPLEMENTATION OF REAL-TIME AND REMOTE SENSING TECHNOLOGY, AND
OTHER ADVANCED WATER MEASUREMENT DEVICES AS DEEMED APPROPRIATE;
  (C) A CENTRALIZED REAL-TIME DATA COLLECTION AND COMMAND CENTER WITH AN
INTERCONNECTED DATA COLLECTION AND INFORMATION SHARING SYSTEM TO INCLUDE
LOCKS AND OTHER APPROPRIATE CANAL SYSTEM WATER MANAGEMENT FACILITIES;
  (D)  DEVELOPMENT  OF  UNIFIED  OPERATING  AND  COMMAND  PROCEDURES  IN
CONJUNCTION WITH THE WATER LEVEL MANAGEMENT PROGRAM AND ITS SYSTEMS;

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

                                                           LBD03777-01-9

A. 1120                             2

  (E) INFORMATION SHARING AND COORDINATION WITH APPROPRIATE AGENCIES  TO
INCLUDE,  BUT NOT BE LIMITED TO, THE NATIONAL WEATHER SERVICE, THE STATE
EMERGENCY MANAGEMENT OFFICE, NEW YORK POWER  AUTHORITY  AND  APPROPRIATE
COUNTY  OFFICERS  FROM  COUNTIES  ADJACENT  OR  INTERSECTED BY THE CANAL
SYSTEM; AND
  (F) AN ENHANCED SYSTEM FOR PUBLIC NOTIFICATION; AND
  (G)  THE DEVELOPMENT OF A DETAILED HYDRAULIC MODEL OF THE CANAL SYSTEM
AND WATER LEVEL CONTROL STRUCTURES.
  2. REPORT. (A) NOT LATER THAN THREE YEARS AFTER THE EFFECTIVE DATE  OF
THIS  SECTION,  THE  CORPORATION  SHALL  PREPARE A REPORT EVALUATING THE
EFFECTIVENESS OF THE PILOT PROGRAM. SUCH REPORT SHALL INCLUDE, BUT  NEED
NOT BE LIMITED TO:
  (I)  A  DETAILED  DESCRIPTION  OF  THE PROGRAM AS IT IS IMPLEMENTED TO
INCLUDE EACH OF THE ITEMS SET OUT  IN  PARAGRAPHS  (A)  THROUGH  (G)  OF
SUBDIVISION ONE OF THIS SECTION;
  (II)  AN  ASSESSMENT  AND RECOMMENDATION FOR IMPROVING THE WATER LEVEL
MANAGEMENT PROGRAM AND COSTS THEREOF;
  (III) AN ASSESSMENT OF THE EFFICACY  OF  THE  WATER  LEVEL  MANAGEMENT
PROGRAM,  AND  THE  DEGREE TO WHICH IT SUCCESSFULLY ADDRESSED NAVIGATION
AND FLOOD MITIGATION ENHANCEMENT, REAL-TIME FLOOD  FORECASTING,  PRO-AC-
TIVE  FLOOD  RESPONSIVENESS  AND DEVELOPMENT OF UNIFIED OPERATING PROCE-
DURES, AS WELL AS OTHER REALIZED BENEFITS; AND
  (IV) RECOMMENDATION AS TO THE EXPANSION OF THE PROGRAM TO OTHER  PARTS
OF THE CANAL AND COSTS THEREOF.
  (B)  THE CORPORATION SHALL SUBMIT SUCH REPORT TO THE GOVERNOR, COMMIS-
SIONER OF TRANSPORTATION, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER  OF
THE ASSEMBLY AND THE SENATE AND ASSEMBLY TRANSPORTATION COMMITTEES.
  S 2. This act shall take effect immediately.