Assembly Bill A4836

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

                                  4836

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2009
                               ___________

Introduced  by  M.  of  A. MORELLE, SCHIMMINGER, HOYT, DelMONTE, KOON --
  Multi-Sponsored by -- M.  of A. PEOPLES, SCHROEDER --  read  once  and
  referred to the Committee on Tourism, Arts and Sports Development

AN  ACT to amend the parks, recreation and historic preservation law, in
  relation to creating the Western  Erie  Canal  partnership;  to  amend
  chapter  352  of  the laws of 1999, amending the parks, recreation and
  historic preservation law relating to establishing  the  Western  Erie
  Canal  Heritage Corridor Planning Commission, in relation to extending
  the existence of such commission; and providing for the repeal of such
  provisions upon expiration thereof

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

  Section  1.  The  parks,  recreation  and historic preservation law is
amended by adding a new article 38 to read as follows:

                               ARTICLE 38
                     WESTERN ERIE CANAL PARTNERSHIP
SECTION 38.01 LEGISLATIVE INTENT.
        38.03 DEFINITIONS.
        38.05 WESTERN ERIE CANAL PARTNERSHIP.
        38.07 POWERS AND DUTIES OF THE PARTNERSHIP.
        38.09 COOPERATION WITH MUNICIPALITIES.
        38.11 APPROPRIATIONS BY MUNICIPALITIES.
        38.13 COOPERATION OF STATE AGENCIES.
  S 38.01 LEGISLATIVE INTENT. IT IS THE INTENT  OF  THE  LEGISLATURE  TO
PROVIDE THE COMMUNITIES OF THE WESTERN ERIE CANAL HERITAGE CORRIDOR WITH
A  FRAMEWORK  FOR  IMPLEMENTING THE WESTERN ERIE CANAL HERITAGE CORRIDOR
MANAGEMENT PLAN. SUCH PLAN CAN BE EFFECTIVELY IMPLEMENTED ONLY THROUGH A
PARTNERSHIP THAT PROVIDES FOR  BROAD  AND  EQUITABLE  REPRESENTATION  OF
CANAL  COMMUNITIES  WITH  OTHER CANAL-RELATED INTERESTS; THAT REPRESENTS
THE COLLECTIVE VISION OF THE WESTERN ERIE CANAL COMMUNITIES  WITH  OTHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08173-01-9
              

A. 4836                             2

CANAL-RELATED  ENTITIES;  THAT  IS  POSITIONED TO PRODUCTIVELY INTERFACE
WITH AGENCY, ORGANIZATIONAL, INDIVIDUAL,  AND  OTHER  PARTNERS;  AND  IS
STRUCTURED TO ACCESS DIVERSE FUNDING SOURCES. IT IS THEREFORE THE INTENT
OF THE LEGISLATURE TO CREATE AND EMPOWER THE WESTERN ERIE CANAL PARTNER-
SHIP  WITH THE APPROPRIATE POWERS AND AUTHORITIES NECESSARY TO IMPLEMENT
THE MANAGEMENT PLAN. THE PARTNERSHIP, IN ORDER TO EFFECTUATE ITS  STATED
PURPOSE,  SHOULD  BECOME  A MEMBER OF AN ORGANIZATION OF HERITAGE AREAS,
WITHOUT IMPACTING EITHER ORGANIZATION'S POWERS, OR AFFECTING THE  POWERS
OF  CORRIDOR  MUNICIPALITIES.  THE  PARTNERSHIP MAY COMMENT ON PLANS AND
PROGRAMS OF THE STATE RELATED TO THE TREATMENT OF CULTURAL  AND  NATURAL
RESOURCES  WITHIN  THE  HERITAGE CORRIDOR, AND MAY REVIEW AND COMMENT ON
CAPITAL AND LONG RANGE PLANS OF STATE AGENCIES AS THEY AFFECT THE CRITE-
RIA, OBJECTIVES AND PLANS  OF  THE  HERITAGE  CORRIDOR.    TO  ENCOURAGE
SUSTAINABLE ECONOMIC DEVELOPMENT, THE PARTNERSHIP SHOULD BE EMPOWERED TO
ENCOURAGE  PUBLIC  AND  PRIVATE  INVESTMENT  IN  ECONOMIC REVITALIZATION
INITIATIVES THROUGHOUT THE HERITAGE CORRIDOR.   ADDITIONALLY, THE  PART-
NERSHIP IS ENCOURAGED TO ESTABLISH NETWORKS OF TOURISM SERVICE PROVIDERS
AND  PROMOTERS  IN  ORDER TO COLLABORATE ON PROJECTS AND STRATEGIES THAT
WILL MAKE THE HERITAGE CORRIDOR  A  LEADING  RECREATIONAL  AND  HERITAGE
TOURISM  DESTINATION.  IT  IS FURTHER THE INTENT OF THE LEGISLATURE THAT
THE PARTNERSHIP WORK TO INCREASE THE RECREATIONAL USE OF THE ERIE  CANAL
AND  THE CANALWAY TRAIL THROUGH SUCH ACTIONS AS ADVOCACY, PROMOTION, AND
THE DEVELOPMENT AND DISTRIBUTION OF  GUIDEBOOKS,  MAPS,  AND  ASSOCIATED
MATERIALS. THE PARTNERSHIP, WITHIN ITS DOMAIN, SHALL ENCOURAGE STATE AND
MUNICIPAL  GOVERNMENTS AND AGENCIES TO IMPROVE THE ENVIRONMENTAL QUALITY
OF THE LAND AND WATER OF THE CORRIDOR AND PRESERVE IT FOR FUTURE  GENER-
ATIONS THROUGH SOUND ENVIRONMENTAL STEWARDSHIP. THROUGH INITIATIVES SUCH
AS,  FOR  EXAMPLE,  FARM STAYS, FARMER'S MARKETS, BUY-LOCAL PROGRAMS AND
COMMUNITY-SUPPORTED AGRICULTURE, THE PARTNERSHIP SHOULD PROMOTE AGRICUL-
TURE AND AGRI-TOURISM  INITIATIVES  THROUGHOUT  THE  HERITAGE  CORRIDOR.
ADDITIONALLY, THE ESTABLISHMENT OF CORRIDOR-WIDE ADVISORY COMMITTEES, AS
DEEMED  NECESSARY  OR DESIRABLE, AND THAT THEY BE BROADLY REPRESENTATIVE
OF THE HERITAGE CORRIDOR COUNTIES AND CANAL INTERESTS, SHOULD BE  WITHIN
THE  POWERS OF THE PARTNERSHIP TO MEET ITS STATED PURPOSE. IT IS FURTHER
THE INTENT OF THE LEGISLATURE THAT THE PARTNERSHIP CREATE AND  GOVERN  A
NOT-FOR-PROFIT  WESTERN  ERIE CANAL ALLIANCE OR SIMILAR ENTITY AS DEEMED
NECESSARY OR DESIRABLE TO ACT  AS  THE  PARTNERSHIP'S  DEVELOPMENT  ARM.
ADDITIONALLY,  THE  PARTNERSHIP MAY ESTABLISH WORKING RELATIONSHIPS WITH
OTHER ENTITIES WHOSE AUTHORITIES, MANDATES, OR INTERESTS ARE  OF  MUTUAL
INTEREST  IN  ORDER  TO  ACHIEVE  THE  OBJECTIVES OF THE MANAGEMENT PLAN
THROUGH, FOR EXAMPLE, ENCOURAGING MUNICIPALITIES IN THE HERITAGE  CORRI-
DOR  TO ADOPT PROGRAMS AND POLICIES FOR THE PRESERVATION AND REVITALIZA-
TION OF ITS CULTURAL RESOURCES. FOR EXAMPLE, THE PARTNERSHIP MAY, AS  IT
IS  ABLE,  PROVIDE TECHNICAL SUPPORT FOR THE PURPOSE OF ALLOWING MUNICI-
PALITIES TO DEVELOP PLANS AND PROJECTS CONSISTENT WITH THE PARTNERSHIP'S
MISSION TO PRESERVE, INTERPRET AND INCREASE COMMUNITY  STEWARDSHIP  OVER
THE  NATURAL,  HERITAGE AND RECREATIONAL RESOURCES OF THE REGION, AND TO
DEVELOP SUSTAINABLE ECONOMIC OPPORTUNITIES THEREIN. IT  IS  FURTHER  THE
INTENT  OF  THE  LEGISLATURE  THAT  THE  PARTNERSHIP WORK TO ENHANCE THE
INTERPRETATION AND PUBLIC KNOWLEDGE OF THE NATURAL AND CULTURAL HERITAGE
OF THE CORRIDOR THROUGH SIGNAGE, MEDIA AND EDUCATIONAL PROGRAMS.  IT  IS
FURTHER THE INTENT OF THE LEGISLATURE THAT THE TRANSITION FROM THE WEST-
ERN ERIE CANAL HERITAGE CORRIDOR PLANNING COMMISSION TO THE WESTERN ERIE
CANAL  PARTNERSHIP  SHALL  BE  SEAMLESS AND STABLE. THEREFORE, IT IS THE
LEGISLATIVE INTENT THAT THE COMMISSION SHALL CONTINUE TO OPERATE  PURSU-

A. 4836                             3

ANT  TO  THIS ACT AS THE TRANSITION MECHANISM EMPOWERED TO SUBSTANTIALLY
ESTABLISH THE PARTNERSHIP.
  S 38.03 DEFINITIONS.   WHENEVER USED IN THIS ARTICLE, UNLESS A DIFFER-
ENT MEANING CLEARLY APPEARS FROM THE CONTEXT,  THE  TERMS  LISTED  BELOW
SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "WESTERN  ERIE  CANAL  HERITAGE  CORRIDOR", "HERITAGE CORRIDOR" OR
"CORRIDOR" SHALL MEAN THE  HERITAGE  AREA  CONSISTING  OF  THE  COHESIVE
GEOGRAPHIC  AREA  IDENTIFIED  IN  PARAGRAPH  (Q)  OF  SUBDIVISION ONE OF
SECTION 35.03 OF THIS CHAPTER.
  2. "WESTERN ERIE CANAL PARTNERSHIP" OR "PARTNERSHIP"  SHALL  MEAN  THE
WESTERN ERIE CANAL PARTNERSHIP CREATED PURSUANT TO SECTION 38.05 OF THIS
ARTICLE.
  3.  "MANAGEMENT PLAN" SHALL MEAN THE MANAGEMENT PLAN PREPARED PURSUANT
TO SECTION 35.05 OF THIS CHAPTER.
  4. "MUNICIPALITY" MEANS A COUNTY, CITY, TOWN  OR  VILLAGE  LOCATED  IN
WHOLE OR IN PART WITHIN THE HERITAGE CORRIDOR.
  5.  "CHIEF  ELECTED OFFICIAL OF A COUNTY" SHALL MEAN THE COUNTY EXECU-
TIVE, OR IF THERE IS NONE, THE CHAIRMAN OF THE BOARD OF SUPERVISORS,  OR
IF  THERE  IS  NEITHER, ANY OTHER OFFICERS POSSESSING SIMILAR POWERS AND
DUTIES.
  S 38.05 WESTERN ERIE CANAL PARTNERSHIP.  1.  THE  WESTERN  ERIE  CANAL
PARTNERSHIP IS HEREBY ESTABLISHED TO BE A BODY CORPORATE AND POLITIC AND
TO  CONSIST  OF  FIFTEEN  APPOINTED  MEMBERS WHO SHALL RESIDE WITHIN THE
HERITAGE CORRIDOR AND MAINTAIN AN ACTIVE INTEREST IN THE ERIE CANAL  AND
DEMONSTRATE  AN  INTEREST IN THE OBJECTIVES OF THE PARTNERSHIP INCLUDING
HERITAGE  INTERPRETATION,  EDUCATION,  HISTORIC  PRESERVATION,  ECONOMIC
REVITALIZATION,   TOURISM  SERVICES  OR  PROMOTION,  REGIONAL  PLANNING,
CULTURAL AND NATURAL RESOURCE MANAGEMENT AND RECREATION AND FOR EX-OFFI-
CIO MEMBERS.   MEMBERS SHOULD BE  WILLING  TO  ACTIVELY  PARTICIPATE  IN
PROGRAM  DEVELOPMENT,  OUTREACH,  DECISION  MAKING  AND FUNDRAISING. TWO
MEMBERS EACH SHALL BE APPOINTED BY THE COUNTY LEGISLATURE FROM  EACH  OF
THE  FIVE  HERITAGE  CORRIDOR COUNTIES OF ERIE, MONROE, NIAGARA, ORLEANS
AND WAYNE.  FIVE MEMBERS SHALL BE APPOINTED AS FOLLOWS: ONE EACH, BY THE
GOVERNOR, THE SENATE MAJORITY LEADER, THE ASSEMBLY SPEAKER,  THE  SENATE
MINORITY LEADER, AND THE ASSEMBLY MINORITY LEADER. THE PARTNERSHIP SHALL
ALSO  BE  COMPOSED  OF  FOUR EX-OFFICIO MEMBERS, WHO SHALL BE NON-VOTING
MEMBERS OF THE PARTNERSHIP. AN EX-OFFICIO MEMBER MAY DESIGNATE A  PERSON
TO ATTEND MEETINGS AND TAKE OTHER ACTIONS ON HIS OR HER BEHALF. EX-OFFI-
CIO  MEMBERS  SHALL BE THE COMMISSIONER, THE COMMISSIONER OF THE DEPART-
MENT OF AGRICULTURE AND MARKETS, THE COMMISSIONER OF  THE  EMPIRE  STATE
DEVELOPMENT  CORPORATION,  AND  THE DIRECTOR OF THE NEW YORK STATE CANAL
CORPORATION.  APPOINTMENT TO THE PARTNERSHIP SHALL  BE  FILED  WITH  THE
COMMISSIONER  WHO  SHALL  CONVENE  THE  FIRST MEETING OF THE PARTNERSHIP
FOLLOWING THE COMMISSIONER'S APPROVAL OF THE  MANAGEMENT  PLAN  AND  THE
FILING OF A MAJORITY OF THE APPOINTMENTS.
  2. THE TERM OF OFFICE FOR APPOINTEES SHALL BE THREE YEARS. MEMBERS MAY
SERVE  NO MORE THAN TWO CONSECUTIVE THREE YEAR TERMS. A FORMER MEMBER OF
THE PARTNERSHIP WHO SERVED TWO CONSECUTIVE THREE YEAR  TERMS  MUST  WAIT
ONE  FULL  YEAR  BEFORE BEING RENOMINATED TO BE A MEMBER OF THE PARTNER-
SHIP.
  3. IN THE EVENT OF A VACANCY OCCURRING OTHER THAN BY THE EXPIRATION OF
A MEMBER'S TERM, SUCH VACANCY SHALL BE FILLED FOR  THE  BALANCE  OF  THE
UNEXPIRED TERM IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.  A MAJOR-
ITY OF THE MEMBERS OF THE PARTNERSHIP SHALL CONSTITUTE A QUORUM.
  4.  THE  MEMBERS  OF THE PARTNERSHIP SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES,  BUT  SHALL  BE  ENTITLED  TO  REIMBURSEMENT  FOR  THEIR

A. 4836                             4

EXPENSES  ACTUALLY  AND NECESSARILY INCURRED IN THE PERFORMANCE OF THEIR
DUTIES PURSUANT TO THIS ARTICLE.
  5.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISIONS  OF  LAW,  GENERAL,
SPECIAL, OR LOCAL, NO OFFICER OR EMPLOYEE OF  THE  STATE  OR  ANY  CIVIL
DIVISION THEREOF, SHALL BE DEEMED TO HAVE FORFEITED OR SHALL FORFEIT HIS
OR  HER  OFFICE  OR  EMPLOYMENT  BY  REASON  OF HIS OR HER ACCEPTANCE OF
MEMBERSHIP ON THE PARTNERSHIP.
  6. AT THE INITIAL MEETING, THE PARTNERSHIP SHALL ELECT  OFFICERS,  WHO
SHALL SERVE AT ITS PLEASURE.
  7. THE PARTNERSHIP SHALL MEET AT LEAST ONCE EVERY SIX MONTHS AND SHALL
ENCOURAGE  ATTENDANCE  AT  SUCH MEETINGS OF REPRESENTATIVES FROM MUNICI-
PALITIES AND OTHER INTERESTED PARTIES.  COPIES OF THE  MINUTES  OF  EACH
MEETING WITH THE DATE OF THE NEXT SCHEDULED MEETING SHALL BE MADE AVAIL-
ABLE TO INTERESTED PARTIES AT THEIR REQUEST.
  S 38.07 POWERS  AND  DUTIES  OF  THE PARTNERSHIP.   THE PURPOSE OF THE
PARTNERSHIP SHALL BE TO UNDERTAKE THE NECESSARY ACTIVITIES  IN  FURTHER-
ANCE  OF  THE  MANAGEMENT PLAN; AND TO CARRY OUT THE AFORESAID PURPOSES,
THE PARTNERSHIP SHALL HAVE THE FOLLOWING POWERS:
  1. TO SUE AND BE SUED;
  2. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
  3. TO ACQUIRE, HOLD AND DISPOSE OF PERSONAL PROPERTY FOR ITS CORPORATE
PURPOSES;
  4. TO MAKE BY-LAWS FOR THE MANAGEMENT AND REGULATION OF ITS AFFAIRS;
  5. WITH THE CONSENT OF THE  STATE  OR  MUNICIPALITY,  TO  USE  AGENTS,
EMPLOYEES AND FACILITIES OF THE STATE OR MUNICIPALITY;
  6. TO APPOINT OFFICERS, AGENTS AND EMPLOYEES, TO PRESCRIBE THEIR QUAL-
IFICATIONS  AND  TO  FIX  THEIR  COMPENSATION AND TO PAY THE SAME OUT OF
FUNDS OF THE PARTNERSHIP;
  7. TO MAKE CONTRACTS AND LEASES, AND TO EXECUTE ALL INSTRUMENTS NECES-
SARY OR CONVENIENT WITH ANY PERSON, FIRM,  PARTNERSHIP  OR  CORPORATION,
EITHER PUBLIC OR PRIVATE;
  8.  TO  ACCEPT  GIFTS, GRANTS, LOANS, OR CONTRIBUTIONS FROM, AND ENTER
INTO CONTRACTS OR OTHER TRANSACTIONS WITH, THE  UNITED  STATES  AND  THE
STATE  OR ANY COMMISSION OF EITHER OF THEM, ANY MUNICIPALITY, ANY PUBLIC
OR PRIVATE CORPORATION OR ANY OTHER LEGAL ENTITY, AND TO  USE  ANY  SUCH
GIFTS, GRANTS, LOANS OR CONTRIBUTIONS FOR ANY OF ITS CORPORATE PURPOSES;
  9. TO DESIGNATE THE DEPOSITORIES OF ITS MONEY;
  10.  TO MAKE AMENDMENTS TO THE MANAGEMENT PLAN SUBJECT TO THE APPROVAL
OF THE PARTICIPATING COUNTIES  AND  THE  COMMISSIONER  PURSUANT  TO  THE
PROVISIONS OF SECTION 35.05 OF THIS CHAPTER;
  11. TO ESTABLISH AND RE-ESTABLISH ITS FISCAL YEAR;
  12.  TO  PROTECT  AND  PRESERVE  THE  UNIQUE RESOURCES OF THE HERITAGE
CORRIDOR;
  13. TO MAKE GRANTS TO MUNICIPALITIES  AND  NONPROFIT  ENTITIES  WITHIN
SUCH CORRIDOR AS AVAILABLE AND APPROPRIATE;
  14. TO PREPARE AN ANNUAL REPORT ON THE CONDUCT OF ITS ACTIVITIES WHICH
SHALL  INCLUDE  A  FINANCIAL STATEMENT FOR THAT YEAR AND A WORK PLAN FOR
THE NEXT YEAR WHICH MAY INCLUDE AN ESTIMATE OF THE RESOURCES REQUIRED TO
COMPLETE SUCH PLAN TO BE SENT TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT
OF  THE  SENATE, THE SPEAKER OF THE ASSEMBLY AND THE CHIEF ELECTED OFFI-
CIAL OF EACH MUNICIPALITY;
  15. TO CONTRACT WITH THE STATE AS AN INDEPENDENT BODY CORPORATE;
  16. TO ENTER INTO COOPERATIVE AGREEMENTS WITH THE MANAGEMENT  ENTITIES
OF  HERITAGE  AREAS LOCATED IN WHOLE OR IN PART WITHIN THE BOUNDARIES OF
THE HERITAGE CORRIDOR TO ADVANCE THEIR COMMON GOALS OF HISTORIC  PRESER-
VATION, EDUCATION, RECREATION AND ECONOMIC DEVELOPMENT;

A. 4836                             5

  17. TO SUPPORT THE DEVELOPMENT OF AGRI-TOURISM;
  18. TO DESIGNATE DISTRICTS AND ROUTES THROUGH AMENDMENT OF THE MANAGE-
MENT PLAN FOR PLANNING AND PROJECT PURPOSES;
  19.  TO  BECOME  A MEMBER OF AN ORGANIZATION OF HERITAGE AREAS, EXCEPT
THAT SUCH MEMBERSHIP SHALL CONFER  NO  ADDITIONAL  POWERS  BEYOND  THOSE
AUTHORIZED  PURSUANT  TO  THIS  ARTICLE NOR AFFECT THE POWERS OF MUNICI-
PALITIES;
  20. TO DESIGNATE AND ENTER INTO AGREEMENTS WITH PUBLIC FACILITIES  AND
ATTRACTIONS  THROUGHOUT THE HERITAGE CORRIDOR TO CREATE A NETWORK THERE-
OF; AND
  21. TO DO ALL THINGS NECESSARY OR CONVENIENT TO CARRY OUT ITS PURPOSES
AND EXERCISE THE POWERS EXPRESSLY GIVEN IN THIS ARTICLE.
  S 38.09 COOPERATION WITH MUNICIPALITIES. 1. THE PARTNERSHIP IS A COOP-
ERATIVE REGIONAL ORGANIZATION ESTABLISHED  TO  IMPLEMENT  A  COUNTY  AND
STATE  APPROVED  MANAGEMENT  PLAN  FOR  THE  WESTERN ERIE CANAL HERITAGE
CORRIDOR BASED UPON THE MUTUAL ASSENT AND PARTICIPATION OF EACH  MUNICI-
PALITY  THEREIN.  THE ACTIVITIES OF THE PARTNERSHIP SHALL BE COORDINATED
WITH THE LOCAL PLANNING, CULTURAL AND PARK ACTIVITIES  OF  EACH  MUNICI-
PALITY.  NO  REAL PROPERTY MAY BE ACQUIRED OR CAPITAL PROJECT UNDERTAKEN
BY THE PARTNERSHIP IN A  CITY,  TOWN  OR  VILLAGE  WITHOUT  THE  WRITTEN
APPROVAL  FOR  SUCH  ACTION  OF THE CHIEF ELECTED OFFICIAL OF SUCH CITY,
TOWN OR VILLAGE. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO GRANT THE
PARTNERSHIP THE POWER OF EMINENT DOMAIN.
  2. EACH MUNICIPALITY MAY PROVIDE THE PARTNERSHIP WITH THE SERVICES  OF
ITS  AGENTS, EMPLOYEES AND FACILITIES WITHOUT CHARGE TO THE CORPORATION.
PERSONS SERVING AS OFFICERS OR  EMPLOYEES  OF  THE  PARTNERSHIP  MAY  BE
EMPLOYEES  OF  A MUNICIPALITY AND THE PARTNERSHIP, IN SUCH CASE, MAY PAY
THE MUNICIPALITY AN AGREED PORTION OF THE COMPENSATION OR COSTS.
  S 38.11 APPROPRIATIONS BY MUNICIPALITIES. TO EFFECTUATE  THE  PURPOSES
OF  THIS  ARTICLE,  THE LOCAL LEGISLATIVE BODIES OF ANY MUNICIPALITY MAY
APPROPRIATE AND PAY OVER TO THE PARTNERSHIP MONEYS TO BE EXPENDED BY THE
PARTNERSHIP TO CARRY OUT ITS FUNCTIONS THEREUNDER.
  S 38.13 COOPERATION OF STATE AGENCIES. TO EFFECTUATE THE  PURPOSES  OF
THIS  ARTICLE,  THE  PARTNERSHIP MAY REQUEST FROM ANY DEPARTMENT, BOARD,
BUREAU, PARTNERSHIP OR OTHER AGENCY OF  THE  STATE,  AND  THE  SAME  ARE
AUTHORIZED TO AND MAY PROVIDE, SUCH COOPERATION AND ASSISTANCE, SERVICES
AND  DATA AS WILL ENABLE THE PARTNERSHIP PROPERLY TO CARRY OUT ITS FUNC-
TIONS THEREUNDER.
  S 2. For the purpose of succession to all functions,  powers,  duties,
and obligations assigned to, devolved upon and assumed by it pursuant to
this act, the Western Erie Canal partnership shall be deemed and held to
constitute  the continuation of the Western Erie Canal heritage corridor
planning  commission.  Any  business  or  other  matter  undertaken   or
commenced  by  the Western Erie Canal heritage corridor planning commis-
sion pertaining to or connected with the functions, powers,  obligations
and  duties  hereby assigned, and pending the effective date of this act
may be conducted and completed by the Western Erie Canal partnership  in
the  same  manner  and  under the same terms and conditions and with the
same effect as if conducted and completed  by  the  Western  Erie  Canal
heritage corridor planning commission within the powers and authority of
this  act. Any real or personal property owned by the Western Erie Canal
heritage corridor planning commission shall be deemed transferred to the
Western Erie Canal partnership upon the convening of the  first  meeting
of the Western Erie Canal partnership.
  S 3. Until the organization meeting of the Western Erie Canal partner-
ship,  created  by  this  act,  is held, the Western Erie Canal heritage

A. 4836                             6

corridor planning commission created by chapter 352 of the laws of  1999
shall  continue  and  be  deemed  to  have the necessary and appropriate
authority to amend the Western Erie Canal heritage  corridor  management
plan,  to  present it for approval, and upon its approval by the commis-
sioner of parks, recreation and historic preservation, to implement it.
  S 4. Subdivision 4 of section 3 of chapter 352 of the  laws  of  1999,
amending the parks, recreation and historic preservation law relating to
establishing  the  Western Erie Canal Heritage Corridor Planning Commis-
sion, as amended by chapter 120 of the laws of 2003, is amended to  read
as follows:
  4.  The planning commission shall remain in existence [for a period of
five years from the effective date of this act] UNTIL THE OCCURRENCE  OF
THE  FIRST  MEETING  OF THE WESTERN ERIE CANAL PARTNERSHIP OR UNTIL JULY
27, 2010, WHICHEVER SHALL OCCUR FIRST.
  S 5. This act shall take effect immediately and shall expire July  27,
2018  when  upon  such  date  the provisions of this act shall be deemed
repealed; provided, that section four of this act  shall  be  deemed  to
have been in full force and effect on and after July 27, 2004.