senate Bill S341

2013-2014 Legislative Session

Transfers control of the New York state canal system to the department of transportation

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to transportation
Jan 09, 2013 referred to transportation

Co-Sponsors

S341 - Bill Details

Current Committee:
Senate Transportation
Law Section:
Canal Law
Laws Affected:
Rpld §2 sub 21, §69-a, amd Can L, generally; amd §19, Pub Off L; amd §§209-a & 92-u, St Fin L; amd §§30 & 45-cc, Nav L; rpld Art 21, Transp L; amd §168, Ec Dev L; amd §§9-1705, 73-0105 & 73-0107, En Con L; amd §37.05, Pks & Rec L; amd §41, R & SS L; rpld §351 sub 13, §§382 & 383, §2897 sub 6 ¶e, amd Pub Auth L, generally
Versions Introduced in 2011-2012 Legislative Session:
S7850

S341 - Bill Texts

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Transfers control of the New York state canal system to the department of transportation.

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BILL NUMBER:S341

TITLE OF BILL:
An act
to amend the canal law, the public officers law, the
state finance law,
the navigation law, the transportation law, the economic development
law, the environmental conservation law, the parks, recreation and
historic preservation law, the retirement and social security law, and
the public authorities law, in
relation to transferring jurisdiction over the New York state canal
system to the
department of transportation; and to repeal certain provisions of
the canal law, the transportation law and the public authorities
law, relating thereto

PURPOSE:
This bill provides for the transfer of responsibility for canal system
operations and development back to the Department of Transportation
from the Thruway Authority.

SUMMARY OF PROVISIONS:
Sections 1 through 101 provide for the transfer of responsibility for
canal system operations and development to the Department of
Transportation from the Thruway Authority.
Section 102 provides that if the Thruway Authority raises tolls faster
than the change in the consumer price index, the entire amount of the
toll increase must be used to pay installments on debt obligations or
deposited in a fund used to buy back and retire debt issued at least
two years prior.
Section 103 provides for the transfer of employees from the Canal
Corporation and the Thruway Authority to the Department of
Transportation.
Section 104 is the severability clause.
Section 105 provides that this act shall take effect immediately, with
provisions.

EXISTING LAW:
The Thruway Authority is responsible for canal system operations and
development.

JUSTIFICATION:
Recently the Thruway Authority has announced its intention to increase
tolls on trucks with three or more axles by 45% in order to raise $90
million per year that it will need to cover canal expense and debt
obligations going forward. While this decision has been much
criticized and many have called on the Authority to look toward
alternate routes of balancing its books, little in the way of
legislative solutions have been advanced.

This bill is one such legislative solution to this problem, or at
least a significant portion of the problem. In 1992, responsibility
of the canal system was transferred to the Thruway Authority for the
Department of Transportation. The stated intent of the 1992 bill was
to achieve the objective of a more self-sufficient canal system.
Unfortunately, that has not turned out to be the case. Instead of


relying on direct government funding the canal has become reliant on
toll revenue to fund its operation and maintenance and has never
approached self-sufficiency.
According to the State Comptroller, the Canal System will become an
ever larger drain on Thruway Authority resources in the coming years.
In the decade from 2002-2011, the Canal System accounted for 8.3% of
total Thruway Authority expenses. This is projected to grow to 9.9%
of expenses during 2012-16. At the same time, the canal is bringing
significantly less revenue than required to meet its operating
expenses, much less needed capital expenses It is clear that the
objective of a self-sufficient canal system has failed to be realized.

Instead of continuing to saddle the Thruway Authority with
responsibility for an unprofitable canal system, it is time for New
York State to once again bring responsibility for the Canal System
back under the purview of the Department of Transportation. Doing so
will free the Thruway Authority from a significant burden, and, when
combined with much needed internal reforms, will allow the Thruway
Authority to continue to balance its books without a toll increase.

LEGISLATIVE HISTORY:
2011-12: S.7850 Referred to Rules

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Effective immediately.

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

                                   341

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the canal  law,  the  public  officers  law,  the  state
  finance  law, the navigation law, the transportation law, the economic
  development law, the environmental conservation law, the parks, recre-
  ation and historic preservation law, the retirement and social securi-
  ty law, and the public authorities law, in  relation  to  transferring
  jurisdiction over the New York state canal system to the department of
  transportation; and to repeal certain provisions of the canal law, the
  transportation 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:

  Section 1. Subdivision 21 of section 2 of the canal  law  is  REPEALED
and a new subdivision 21 is added to read as follows:
  21. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF TRANSPORTATION.
  S 2. Subdivision 23 of section 2 of the canal law, as added by chapter
167 of the laws of 2002, is amended and a new subdivision 24 is added to
read as follows:
  23.  "Canalway  trail"  shall  mean  any  multi-use recreational trail
located on lands under the jurisdiction of the [corporation] COMMISSION-
ER. The exact boundaries and location of such trail and any portions  or
sections  thereof  shall be determined by the [corporation] COMMISSIONER
except that the boundaries and location of such trail  shall  be  deter-
mined  in  such  a  manner  that  no portion thereof shall be within the
Adirondack Park.
  24. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF TRANSPORTATION.
  S 3. The article heading of article 1-a of the canal law, as added  by
chapter 766 of the laws of 1992, is amended to read as follows:
           TRANSFER TO [NEW YORK STATE THRUWAY AUTHORITY] THE
                      DEPARTMENT OF TRANSPORTATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01973-01-3

S. 341                              2

  S 4. Section 5 of the canal law, as amended by chapter 335 of the laws
of 2001, is amended to read as follows:
  S  5. Transfer of powers and duties relating to canals and canal lands
to the [New York state thruway authority] DEPARTMENT OF  TRANSPORTATION.
The  powers and duties of the [commissioner of transportation] AUTHORITY
AND CORPORATION relating to the New York state canal system as set forth
in articles one through and including fourteen[, except article  seven,]
of  this chapter[, and except properties in use on the effective date of
this article in support of highway maintenance, equipment management and
traffic signal operations of  the  department  of  transportation,]  are
hereby  transferred to and merged with the [authority] DEPARTMENT, to be
exercised by the [authority] COMMISSIONER on behalf of the people of the
state of New York. [In addition, the commissioner of transportation  and
the  chairman  of  the authority may, in their discretion, enter into an
agreement or agreements  transferring  the  powers  and  duties  of  the
commissioner of transportation relating to any or all of the bridges and
highways  as set forth in article seven of this chapter, to be exercised
by the authority on behalf of the people of the state of New  York,  and
shall   enter  into  an  agreement  or  agreements  for  the  financing,
construction, reconstruction or improvement of lift and movable  bridges
on  the  canal  system. Such powers shall be in addition to other powers
enumerated in title nine of article two of the public  authorities  law.
All of the provisions of title nine of article two of such law which are
not inconsistent with this chapter shall apply to the actions and duties
of the authority pursuant to this chapter. The authority shall be deemed
to be the state in exercising the powers and duties transferred pursuant
to this section but for no other purposes.]
  S  5.  Section 6 of the canal law, as added by chapter 766 of the laws
of 1992, subdivisions 1, 3, and 4 and paragraph (b) of subdivision 6  as
amended  by  chapter  335  of  the  laws  of 2001, is amended to read as
follows:
  S 6. Transfer of canal lands and other assets.  1. The jurisdiction of
the [commissioner of transportation] AUTHORITY AND CORPORATION over  the
New  York  state  canal  system and over all state assets, equipment and
property, both tangible and intangible, owned or used in connection with
the planning, development, construction, reconstruction, maintenance and
operation of the New York state canal system, as set forth  in  articles
one  through  and  including  fourteen[,  except article seven,] of this
chapter[, and except properties in use on the  effective  date  of  this
article  in  support  of  highway  maintenance, equipment management and
traffic signal operations of the department of transportation] are here-
by transferred without consideration to the [authority]  DEPARTMENT,  to
be  held  by the [authority] DEPARTMENT in the name of the people of the
state of New York. [In addition the commissioner of  transportation  and
the  chairman  of  the authority may, in their discretion, enter into an
agreement or agreements transferring jurisdiction over any or all of the
bridges and highways set forth in article seven of this chapter, and any
or all state assets, equipment and property, both tangible and  intangi-
ble,  owned  or  used  in  connection  with  the  planning, development,
construction, reconstruction, maintenance and operation of such  bridges
and  highways,  which  shall be transferred without consideration to the
authority, to be held by the authority through the  corporation  in  the
name  of the people of the state of New York. Any other rights and obli-
gations resulting from or arising  out  of  the  planning,  development,
construction,  reconstruction,  operation or maintenance of the New York
state canal system shall be deemed assigned to and shall be exercised by

S. 341                              3

the authority through the corporation, except  that  the  authority  may
designate  the  commissioner  of  transportation to be its agent for the
operation and maintenance of the New York state canal  system,  provided
that  such designation shall have no force or effect after March thirty-
first, nineteen hundred ninety-three. Such canal system shall remain the
property of the state and under its management and control as  exercised
by  and  through  the  authority, through the corporation which shall be
deemed to be the state for the purposes of such management  and  control
of the canals but for no other purposes.]
  2.  The [department of transportation] AUTHORITY AND CORPORATION shall
deliver to the [authority] DEPARTMENT all books,  policies,  procedures,
papers,  plans,  maps,  records, equipment and property of such [depart-
ment] AUTHORITY OR CORPORATION pertaining to the  functions  transferred
pursuant to this article.
  3.  All rules, regulations, acts, determinations, orders and decisions
of the [commissioner of transportation and of the department  of  trans-
portation]  AUTHORITY AND CORPORATION pertaining to the functions trans-
ferred pursuant to this article in force at the time  of  such  transfer
shall continue in force and effect as rules, regulations, acts, determi-
nations, orders and decisions of the [authority and corporation] COMMIS-
SIONER  until  duly  modified or abrogated by [such authority and corpo-
ration] THE COMMISSIONER.
  4. Any business or  other  matters  undertaken  or  commenced  by  the
[commissioner  of  transportation] AUTHORITY, CORPORATION, COMMISSIONER,
or the department [of  transportation],  including  executed  contracts,
permits  and other agreements, pertaining to or connected with the func-
tions, powers, obligations and duties transferred pursuant to this arti-
cle, and in effect on the effective date hereof, shall be conducted  and
completed by the [authority through the corporation] COMMISSIONER OR THE
DEPARTMENT  in  the  same manner and under the same terms and conditions
and with the same effect as if conducted and completed by  the  [commis-
sioner  of  transportation]  AUTHORITY or the [department of transporta-
tion] CORPORATION.
  5. No existing rights or remedies of the state, including the authori-
ty, shall be lost, impaired or affected by reason of this article.
  6. [(a)] No action or proceeding pending on the effective date of this
article, brought by or  against  the  [commissioner  of  transportation]
AUTHORITY  or  the  [department  of transportation] CORPORATION shall be
affected by this article. Any liability arising out of any act or  omis-
sion occurring prior to the effective date of the transfer of powers and
duties  authorized  herein  of  the officers, employees or agents of the
[department of transportation] AUTHORITY OR CORPORATION,  or  any  other
agency  of  the  state,  other  than the [authority] COMMISSIONER OR THE
DEPARTMENT, in the performance of their obligations or duties under  the
canal law, any other law of the state or any federal law, or pursuant to
a  contract  entered  into  prior to the effective date of such transfer
shall remain a liability of the [department of transportation] AUTHORITY
AND CORPORATION or such other  agency  of  the  state  and  not  of  the
[authority] COMMISSIONER OR DEPARTMENT.
  [(b)  Notwithstanding any provision to the contrary contained in para-
graph (a) of this subdivision, the state shall indemnify and hold  harm-
less  the  authority and corporation for any and all claims, damages, or
liabilities, whether or not caused by negligence,  including  civil  and
criminal  fines,  arising out of or relating to any generation, process-
ing, handling, transportation, storage, treatment, or disposal of  solid
or  hazardous  wastes  in the canal system by any person or entity other

S. 341                              4

than the authority occurring prior to the effective date of the transfer
of powers and  duties  authorized  herein.  Such  indemnification  shall
extend  to,  without  limitation,  any releases into land, water or air,
including  but  not  limited  to  releases  as defined under the federal
comprehensive environmental response compensation and liability  act  of
nineteen  hundred  eighty,  occurring or existing prior to the effective
date of this section; provided that the authority shall cooperate in the
investigation and remediation of hazardous waste and other environmental
problems.]
  S 6. The article heading of article 2 of the canal law, as amended  by
chapter 335 of the laws of 2001, is amended to read as follows:
               POWERS OF THE [CANAL CORPORATION] DEPARTMENT
  S 7. The section heading, the opening paragraph and subdivisions 8, 10
and  13 of section 10 of the canal law, as amended by chapter 335 of the
laws of 2001, are amended to read as follows:
  General powers and duties of the [corporation]  COMMISSIONER  relating
to canals. The [corporation] COMMISSIONER shall:
  8. Keep and maintain in good condition the canals, canal terminals and
[corporation]  equipment used in the maintenance and repair of the canal
system.
  10. Enforce compliance with laws, rules and  regulations  relating  to
posting  of  limited  loads and clearances on all bridges over the canal
system under the  jurisdiction  of  the  department  [of  transportation
pursuant to section six and article seven of this chapter].
  13. Cause a record to be made and filed ANNUALLY on January first[, in
the  corporation]  of  all  expenditures during the previous fiscal year
from moneys appropriated for the canal system.
  S 8. The opening paragraph of  subdivision  1  and  subdivision  2  of
section  11  of  the  canal  law, as added by chapter 167 of the laws of
2002, are amended to read as follows:
  The [corporation] DEPARTMENT may develop  and  implement  an  adopt-a-
trail  program, the purposes of which may be to reduce and remove litter
and debris and to enhance the appearance and maintenance of the canalway
trail and related facilities, as needed.  Such program may include,  but
not be limited to:
  2.  Notwithstanding  any  inconsistent  provision  of law, the [corpo-
ration, authority, and commission, including any  members,  officers  or
employees  thereof,] DEPARTMENT shall not be liable for damages suffered
by any persons and/or organizations resulting from any actions or activ-
ities of such volunteers and/or volunteer organizations.
  S 9. Section 21 of the canal law, as amended by  chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  21.  Preparation  contract,  plans and estimates. The [corporation]
DEPARTMENT shall make surveys and prepare plans and  specifications  for
work  in  connection  with the improvement, maintenance or repair of the
canal system to be performed under contract. It shall ascertain with all
practical accuracy the quantity and quality of all materials to be  used
and  all  other  items  of work to be included in the contract and shall
make a detailed estimate  of  the  cost  of  the  same.  The  quantities
contained  in such estimate shall be used in determining the cost of the
work according to the different proposals received.
  S 10. Section 22 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  22.  Supervision  of  contracts. The [corporation] DEPARTMENT shall
provide for field supervision over improvement,  maintenance  or  repair
work  on the canal system that is done under contract. The [corporation]

S. 341                              5

DEPARTMENT shall assign such engineers, inspectors and other engineering
employees as may be necessary for control over the execution of the work
embraced in the contract. [Such corporation] THE DEPARTMENT shall  cause
the  preparation and approval of the estimates of the work accomplished,
materials delivered, or other items embodied in  the  contract  and  the
certificate of the amount of payment which may be due under the terms of
the  contract or legal modifications of the same. Upon the completion of
any contract the [corporation] DEPARTMENT shall  cause  the  preparation
and  approval  of a certificate of acceptance, stating that the work has
been well and faithfully performed in  accordance  with  the  terms  and
conditions of the contract and all legal modifications thereof.
  S  11.  Section  23 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 23. Record  of  measurements.  The  [corporation]  DEPARTMENT  shall
require  every engineer employed on canal engineering to enter in perma-
nent field books a complete record of all  surveys,  field  measurements
and  construction notes. These books shall be filed in the [corporation]
DEPARTMENT and shall be  available  for  public  inspection  under  such
conditions as the [corporation] DEPARTMENT may establish.
  S  12.  Section  24 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 24. Making and recording maps. There shall be kept on  file  in  the
office  of the [corporation] DEPARTMENT complete maps of every canal now
or hereafter to be built on which the boundaries of every parcel of land
to which the state shall have a separate title shall be  designated  and
the  names  of the former owner and date of each title entered. All such
maps [heretofore] approved by the commissioner [of transportation or the
corporation], or certified by such commissioner[, corporation] or by the
state engineer or hereafter approved by the  [corporation]  COMMISSIONER
to  be  correct, shall be presumptive evidence of the truth of the facts
therein stated and of the ownership by the state of  the  lands  therein
described. Every such map when completed shall be approved and certified
to  as  correct by the [corporation] COMMISSIONER.  The original of said
map shall be filed in the office of the [corporation]  COMMISSIONER  and
copies  thereof duly signed and certified as aforesaid shall be filed in
the office of the department of state. Any such maps filed in the office
of the clerk of a county in which such  lands  are  located  or  in  the
office  in  such  county  where  conveyances  are  required by law to be
recorded shall constitute evidence to all persons of the  state's  title
to  and  ownership in said lands. A transcript of such maps certified as
correct by the officer with whom such map or maps shall be filed,  shall
be  received  as  presumptive evidence of the state's title to the canal
lands as of the date designated on such maps in all  judicial  or  legal
proceedings.
  S  13.  Section  25 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 25. Making and recording of "Blue Line" maps. The  commissioner  [of
transportation] shall cause the preparation of maps of the Erie, Oswego,
Champlain  and the Cayuga and Seneca canals as they existed prior to and
independent of lands appropriated for barge canal purposes  and  of  all
lands  belonging  to  the state adjacent thereto or connected therewith,
and there shall be designated on such maps the boundaries of  the  lands
to  which the state holds title, and so far as possible the names of the
owners of the  adjoining  lands.  Every  map  when  completed  shall  be
approved and certified to as correct by the commissioner [of transporta-
tion] and be certified to as correct by the chief engineer. The original

S. 341                              6

of  said  map  shall be filed in the office of the [corporation] COMMIS-
SIONER and copies thereof, duly signed and certified as aforesaid, shall
be filed in the office of the department of state. Each of said maps  so
filed  shall be regarded as an original copy. A blue or white print copy
of such map or portion of such map or maps as related or applies to  any
particular  county of the state shall be transmitted to and filed in the
office of the clerk of such county, or in  the  office  in  such  county
wherein  conveyances  are required by law to be recorded and such filing
shall constitute a notice to all persons of the  state's  title  to  and
ownership  of said lands. A transcript of such maps certified as correct
by the officer with whom such map  or  maps  shall  be  filed  shall  be
received as presumptive evidence of the state's title to the canal lands
as  of  the  date  designated  on  such  maps  in  all judicial or legal
proceedings.
  S 14. Section 30 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  30.  Contracts  for improvement, maintenance or repair of the canal
system. Upon the completion and final approval of the plans and specifi-
cations for the improvement, maintenance or repair to the canal  system,
contracts  therefor  shall be executed IN ACCORDANCE WITH THE PROVISIONS
OF ARTICLE NINE OF THE STATE FINANCE LAW,  PROVIDED,  HOWEVER,  THAT  IF
ARTICLE NINE OF THE STATE FINANCE LAW SHALL NOT BE APPLICABLE, CONTRACTS
SHALL BE EXECUTED as provided herein.
  1.  Advertising  for  proposals.  The [corporation] COMMISSIONER shall
advertise for proposals in  accordance  with  plans  and  specifications
prepared  by  [it]  THE  DEPARTMENT for such improvement, maintenance or
repair of the canal system as the [corporation]  COMMISSIONER  deems  it
expedient  to  have  performed  by  contract. The advertisement shall be
limited to a brief description of the work proposed to be done, with  an
announcement  stating  where  the  maps, plans and specifications may be
seen, the terms  and  conditions  under  which  the  proposals  will  be
received,  the  time and place where the same will be opened, the amount
of the draft or certified check to  accompany  the  proposal,  and  such
other  matters  as  the [corporation] COMMISSIONER may deem advisable to
include therein. Such advertisement shall be published at least once  in
each week for two successive weeks in a newspaper published at the coun-
ty seat of the county in which such canal work is to be performed and in
such  other  newspapers as the [corporation] COMMISSIONER may designate.
If no newspaper is published at such county seat, then  the  publication
of the advertisement shall be in such newspaper or newspapers within the
county  as the [corporation] COMMISSIONER may select. If no newspaper is
published in the county, the publication of the advertisement  shall  be
in  such  newspaper  or  newspapers  in  an  adjoining  county as may be
selected by the [corporation] COMMISSIONER.  Failure of such  newspaper,
published in such county or adjoining county, to publish such advertise-
ment as provided in this subdivision or as directed by the [corporation]
COMMISSIONER  shall  not invalidate the publication of advertisement for
proposals provided such advertisement is published in another  newspaper
or  trade publication, which will be most likely to give adequate notice
to contractors of the work contemplated and of the invitation to  submit
proposals  therefor,  at  least once in each week for any two successive
weeks preceding the date on which proposals described in such advertise-
ment are to be received and opened.
  2. Proposals. Each proposal shall specify the correct  gross  sum  for
which the work will be performed and shall also include the amount to be
charged  for  each  item  specified  on the proposal estimate sheet. The

S. 341                              7

[corporation] COMMISSIONER may  prescribe  and  furnish  forms  for  the
submission  of such proposals and may prescribe the manner of submitting
the same which shall not be  inconsistent  herewith.  Accompanying  each
proposal  there  shall  be a certified check or bank cashier's check for
the amount of the bid deposit, to be fixed by the [corporation]  COMMIS-
SIONER  and  specified in the advertisement for proposals. The checks of
the two low bidders shall be deposited by the [corporation] COMMISSIONER
in a special account. Provided,  however,  that  if  prior  to  or  upon
receipt of said checks by the [corporation] COMMISSIONER a bidder who is
one  of  the two low bidders shall have duly filed a bond as hereinafter
provided, the [corporation] COMMISSIONER shall forthwith return to  said
bidder his OR HER aforesaid check without depositing the same. If alter-
nate  proposals  are  taken,  the  checks  of the two low bidders of all
alternate proposals shall be deposited. All checks other than  those  of
the  two  low  bidders  shall  be returned promptly by the [corporation]
COMMISSIONER.  Notwithstanding the provisions of any general or  special
law, the money represented by the checks of the two low bidders shall be
paid  from the special account when the contractor has duly executed and
delivered to the [corporation] COMMISSIONER the contract and the bond or
bonds required by law for the  performance  of  the  work  of  a  public
improvement  for  the  state  of  New York, or upon the rejection of all
bids. The low bidder, in the discretion of the [corporation] COMMISSION-
ER, and the second low bidder, as a matter of right,  may  at  any  time
after  the  opening  of  the respective proposals, file with the [corpo-
ration] COMMISSIONER a bond, the principal  amount  of  which  shall  at
least  equal  the  amount  of the respective bidder's check, theretofore
deposited with his OR HER  proposal,  in  the  form  prescribed  by  the
[corporation]  COMMISSIONER, with sufficient sureties, to be approved by
the [corporation] COMMISSIONER, conditioned that the  said  bidder  will
execute a contract and furnish such performance or other bonds as may be
required  by  law  in  accordance  with  the  terms of the bidder's said
proposal. If a bidder complies with [the aforesaid] SUCH provisions, the
[corporation] COMMISSIONER shall forthwith return the money  represented
by the check of such bidder.
  In case the bidder to whom the contract shall be awarded shall fail to
execute  such  contract  and  bond, the moneys represented by such check
shall be regarded as liquidated damages and shall be  forfeited  to  the
state  and shall be deposited by the [corporation] COMMISSIONER with the
commissioner of taxation and finance to the credit of the general  fund.
The  gross sums indicated on the proposals when opened shall be publicly
read. The [corporation] COMMISSIONER shall keep the bids for the several
items of the proposals confidential until an award of  the  contract  is
made, after which the proposals shall be subject at all reasonable times
to public inspection.
  3. Award of contract. The contract for the improvement, maintenance or
repair  of  any  part of the canal system shall be awarded to the lowest
responsible bidder,  as  will  best  promote  the  public  interest.  No
contract  shall be awarded to a bidder other than the lowest responsible
bidder without the written approval of the comptroller. The  lowest  bid
shall  be  deemed  to be that which specifically states the lowest gross
sum for which the entire work will be performed, including all the items
specified in the estimate therefor. The lowest bid shall  be  determined
by  the  [corporation]  COMMISSIONER  on  the basis of the gross sum for
which the entire work will be performed, arrived at by a correct  compu-
tation  of  all the items specified in the estimate therefor at the unit
prices contained in the bid.

S. 341                              8

  4. Rejection of proposals. The [corporation] COMMISSIONER  may  reject
any  or all proposals and may advertise for new proposals as provided in
this section, if, in [its] HIS OR HER opinion, the best interest of  the
state [and the corporation] will thereby be promoted.
  5.  Form  of  contract. The [corporation] COMMISSIONER shall prescribe
the form of contract and may include [therein] such matters the  [corpo-
ration]  COMMISSIONER may deem advantageous to the state [and the corpo-
ration].
  6. Bond of contractor. Each contractor before entering into a contract
for such improvement, maintenance or repair of the  canal  system  shall
execute a bond in the form prescribed by the [corporation] COMMISSIONER,
with  sufficient  sureties,  to be approved by the [corporation] COMMIS-
SIONER, on condition that it will perform the work  in  accordance  with
the  terms of the contract and the plans and specifications, and that it
will commence and complete the work within the time  prescribed  in  the
contract.  The  bond  shall  also provide against any direct or indirect
damages  that  shall  be  suffered  or  claimed  on  account   of   such
construction  or improvement during the time thereof, and until the work
is finally accepted.
  7. Payments on contracts, state taxes. The contract shall provide  for
partial payments as the work progresses as hereinafter provided:
  (a)  Ten  per  centum  shall be retained from each progress payment or
estimate until the contract work is fifty per  centum  completed,  after
which  no further moneys shall be retained from any progress payments or
estimates paid thereafter, and when the entire contract  work  has  been
completed  and  accepted,  the [corporation] COMMISSIONER shall, pending
the payment of the final estimate, pay not to exceed fifty per centum of
the amount of the retained percentage.
  (b) Whenever in the judgment of  the  [corporation]  COMMISSIONER  the
withholding  of the retained percentage on account of the closing of the
working season would be an injustice  to  the  contractor,  the  [corpo-
ration]  COMMISSIONER may, provided the district engineer certifies that
the essential items in the contract have been  completed  in  accordance
with  the  terms  of  the  contract  and the provisions of this chapter,
direct the district engineer to include in the final account such uncom-
pleted items and pay therefor at the item prices in  the  contract  upon
the contractor depositing with the [corporation] COMMISSIONER securities
equal  to  double the value of such uncompleted work. The deposit may be
used by the  [corporation]  COMMISSIONER  to  complete  the  uncompleted
portion  of  the  contract and shall be returned to the contractor if it
completes the uncompleted portion within a specified number  of  working
days after it has been notified to proceed with the work.
  (c)  No  certificates  approving  or  authorizing  a  partial or final
payment shall be made by the [corporation] COMMISSIONER until [it] HE OR
SHE is satisfied that all laborers employed on the work have  been  paid
for  their  services  for  the  last  payroll  period preceding the said
partial or final payment. The [corporation] COMMISSIONER may, if [it] HE
OR SHE deems necessary, require an affidavit to  such  effect  from  the
contractor  or  [it] HE OR SHE may depend on any other source which [it]
HE OR SHE deems proper for such information.
  (d) Contracts in force at the date of the enactment of  this  subdivi-
sion  may,  in  the  discretion  of  the  [corporation] COMMISSIONER, be
amended to provide for the withholding and the payments contemplated  by
the  provisions  of  paragraph (a) of this subdivision, if the surety or
sureties upon the performance and labor and material bonds  given  by  a
contractor upon any such contract shall consent in writing thereto.

S. 341                              9

  (e)  No  such  certificate  authorizing or approving the first partial
payment or any final payment to  a  foreign  contractor  shall  be  made
unless  such  contractor shall furnish satisfactory proof that all taxes
due the commissioner of taxation and finance by  such  contractor  under
the provisions of or pursuant to a law enacted pursuant to the authority
of article nine, nine-A, twelve-A, twenty-one, twenty-two, twenty-eight,
twenty-nine  or thirty of the tax law have been paid. The certificate of
the commissioner of taxation and finance to the  effect  that  all  such
taxes have been paid shall be, for purpose of this paragraph, conclusive
proof  of  the  payment  of such taxes. The term "foreign contractor" as
used in this subdivision means, in the case of an individual,  a  person
who  is  not a resident of this state, in the case of a partnership, one
having one or more partners not a resident of this  state,  and  in  the
case of a corporation, one not organized under the laws of this state.
  8.  Contingencies  and  extra work. Whenever the [corporation] COMMIS-
SIONER determines that from  any  unforeseen  cause  the  terms  of  any
contract  should  be altered to provide for contingencies or extra work,
[it] HE OR SHE may, if funds are available for payment of the cost ther-
eof, issue an order on contract therefor to the contractor,  a  copy  of
which shall be filed with the director of the budget and the state comp-
troller.  The  estimated  expenditure  pursuant to the order on contract
shall not increase the total amount of the primary  contract  until  the
estimated  expenditure  shall  have  been  approved by the [corporation]
COMMISSIONER and a duplicate of such approval shall have been filed with
the comptroller. No such extra work shall  be  commenced  or  undertaken
until  the [corporation] COMMISSIONER has issued an order on contract as
herein provided.
  When such order on contract provides for  similar  items  of  work  or
materials  which increase or decrease the itemized quantity provided for
in the primary contract, the price to be paid therefor shall not  exceed
the unit bid price in the primary contract for such items. Agreed prices
for  new  items of work or materials may be incorporated in the order on
contract as the [corporation] COMMISSIONER may deem them to be just  and
fair and beneficial to the state[, including the corporation].
  Whenever  the  [corporation]  COMMISSIONER also determines that in the
cases herein provided it is impracticable for [it] HE OR SHE  to  ascer-
tain in advance the just and fair prices to be paid by the state for new
items  of  work or materials, the order on contract therefor may provide
for performance of the work and the  furnishing  of  the  materials  and
equipment,  in  which  event  the  contractor  shall keep and shall make
available at all times to the [corporation] COMMISSIONER such accounting
records, data and procedure as may  be  required  by  the  [corporation]
COMMISSIONER.
  S  15.  Section  31 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 31. Patented materials or articles. In the improvement, maintenance,
or repair of the canal system, no patented material or  article  or  any
other  material  or  article  shall  be  specified,  contracted  for, or
purchased, except under such circumstances that there can  be  fair  and
reasonable  opportunity for competition, the conditions to secure which,
shall be prescribed by the [corporation] COMMISSIONER.
  S 16. Section 32 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  32. Performance of contracts. The performance of every contract for
the improvement, maintenance or repair of  the  canal  system  shall  be
under the supervision and control of the [corporation] COMMISSIONER, and

S. 341                             10

it  shall  be  [its]  HIS OR HER duty to see that every such contract is
performed in accordance with the provisions of the contract and with the
plans and specifications forming a part thereof.  If  the  [corporation]
COMMISSIONER  shall  determine  that  the work upon any contract for the
improvement, maintenance or repair of the  canal  system  is  not  being
performed  according  to  the  contract  or for the best interest of the
state[, including the corporation], the execution of  the  work  by  the
contractor may be temporarily suspended by the [corporation] COMMISSION-
ER, who may then proceed with the work under [its] HIS OR HER own direc-
tion  in such manner as will accord with the contract specifications and
be for the best interest of the state [including the  corporation,];  or
[it]  HE  OR  SHE  may  terminate  the contractor's employment under the
contract while it is in progress, and thereupon, proceed with the  work,
in  affirmance  of the contract, by contract negotiated or publicly let,
by the use of [its] HIS OR HER own forces, by calling upon the surety to
complete the work in accordance with the plans and specifications or  by
a  combination  of  any  such  methods; or [it] HE OR SHE may cancel the
contract and readvertise and relet the work as provided in section thir-
ty of this article. Any excess in the cost of  completing  the  contract
beyond the price for which it was originally awarded shall be charged to
and  paid  by  the  contractor  failing  to  perform the work or by such
contractor's  surety.  Where  the  estimate  for  the  completion  of  a
cancelled  contract is in excess of the balance of the amount originally
set aside by the state [including the corporation,] to provide  for  the
improvement, maintenance or repair of the canal system, or a part there-
of,  together  with  any  amount  otherwise  provided, the [corporation]
COMMISSIONER is authorized to set aside from any funds available for the
improvement, maintenance or repair of the canal system, or a part there-
of, an additional sum equal to such excess and to pay such excess in the
first instance, pending recovery of  excess  cost  from  the  defaulting
contractor  and surety, as provided in this section.  Every contract for
the improvement, maintenance or repair of the canal system,  or  a  part
thereof,  shall  reserve  to the [corporation] COMMISSIONER the right to
suspend or cancel the contract as above provided, and  to  complete  the
work  thereunder by contract negotiated or publicly let or by the use of
[its] HIS OR HER own forces, or affirm the  contract  and  thereupon  to
complete  the  work  thereunder  according  to  any of the methods above
provided as the [corporation] COMMISSIONER may determine.
  S 17. Section 33 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  33.  Acceptance  of  work.  Upon the completion of the improvement,
maintenance or repair of any part of the canal system under  a  contract
let,  as  provided in this article, the [corporation] COMMISSIONER shall
cause the same to be inspected, and upon the filing [in  the  office  of
the  corporation]  WITH THE DEPARTMENT of a certificate stating that the
work has been well and faithfully  performed,  in  accordance  with  the
terms  of  the  contract,  and all legal modifications thereof, the work
shall be deemed accepted and  certificates  for  final  payment  on  the
contract executed.
  S  18.  Section  34 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 34. Exemption of materials or equipment from execution. All  materi-
als  or  equipment  furnished or partly procured on a defaulted contract
with the [corporation] COMMISSIONER, shall be exempt from execution, but
the [corporation] COMMISSIONER shall pay the moneys due for such materi-
al or equipment to any judgment creditor of the contractor  under  whose

S. 341                             11

execution such materials or equipment might otherwise have been sold, on
production  to  [it]  HIM  OR HER of due proof that such execution would
have so attached, and such payments  shall  be  valid  payments  on  the
contract.
  S  19.  Section  40 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 40. Acquisition of property. 1. The acquisition of  property  neces-
sary for purposes of the improvement, use, maintenance, control, manage-
ment  or repair of the canal system, shall be pursuant to the provisions
of the eminent domain procedure law  by  the  [corporation  or  by  the]
commissioner [of transportation at the request of the corporation].
  2.  The commissioner [of transportation or the corporation as the case
may be,] shall cause to be prepared an accurate acquisition map  of  any
property  which he or [it] SHE may deem necessary for purposes connected
with the canal system or of any property in and to which he or [it]  SHE
may  deem  the acquisition or exercise of an easement, interest or right
to be necessary for such purposes, indicating  and  describing  in  each
case the particular easement, interest or right. On the approval of such
map  by  the  commissioner  [of transportation or the corporation as the
case may be,] he or [it] SHE shall  acquire  such  property,  easements,
interests  or  rights  pursuant  to the provisions of the eminent domain
procedure law.
  3. If the [corporation] COMMISSIONER shall  determine,  prior  to  the
filing  of  such  copy  of  the map in the office of the county clerk or
register as aforesaid, that changes,  alterations  or  modifications  of
such  map  as  filed  in the [main office of the corporation] DEPARTMENT
should be made, the [corporation] COMMISSIONER  shall,  subject  to  the
provisions of article two of the eminent domain procedure law, if appli-
cable,  direct  the preparation of an amended map, either by preparing a
new map or by making changes on the original tracing of such map, with a
notation indicating such changes. On the approval of such amended map by
the [corporation] COMMISSIONER, it shall be filed in the [main office of
the corporation] DEPARTMENT in the same manner as the original  map  was
filed,  and  the amended map shall thereupon in all respects and for all
purposes supersede the map previously filed.
  4. If the [corporation] COMMISSIONER shall  determine,  prior  to  the
filing  of  such  copy  of  the map in the office of the county clerk or
register as aforesaid, that such map should be  withdrawn,  the  [corpo-
ration]  COMMISSIONER  shall  file  a  certificate  of withdrawal in the
offices of the [corporation] DEPARTMENT and department of law. Upon  the
filing  of  such  certificate  of withdrawal, the map to which it refers
shall be canceled and all rights thereunder shall cease and terminate.
  5. The commissioner [of transportation or the corporation as the  case
may  be,]  shall deliver to the attorney general a copy of such acquisi-
tion map whereupon it shall be the  duty  of  the  attorney  general  to
advise  and certify to the commissioner [of transportation or the corpo-
ration] the names of the owners of the property, easements, interests or
rights described in the said acquisition map, including  the  owners  of
any  right,  title  or  interest therein pursuant to the requirements of
section four hundred three of the eminent domain procedure law.
  6. If, at or after the vesting of title to such property in the people
of the state of New York as provided for in the eminent domain procedure
law, the commissioner [of transportation or the corporation as the  case
may  be]  shall  deem  it  necessary to cause the removal of an owner or
other occupant from such property [it] HE OR SHE may cause such owner or
other occupant to be removed therefrom by proceeding in accordance  with

S. 341                             12

section  four  hundred  five  of  the  eminent domain procedure law. The
proceedings shall be brought in the name of the commissioner [of  trans-
portation  or  the  corporation  as  agent  of the state]. If any person
proceeded  against shall contest the petition by an answer, the attorney
general shall be notified, and he OR SHE thereafter shall represent  the
petitioner  in  the  proceedings. No execution shall issue for costs, if
any awarded against the state[,] OR the commissioner [of  transportation
or the corporation], but they shall be part of the costs of the acquisi-
tion  and  be paid in like manner. Proceedings may be brought separately
against one or more of the owners or other occupants of a  property,  or
one  proceeding  may  be brought against all or several of the owners or
other occupants of any or all property within the territorial  jurisdic-
tion of the same justice or judge; and judgment shall be given for imme-
diate  removal  of  persons defaulting in appearance or in answering, or
withdrawing their answers, if any, without awaiting the trial  or  deci-
sion of issues raised by contestants, if any.
  7.  Upon  making  any  agreement provided for in section three hundred
four of the eminent domain procedure law, the commissioner [of transpor-
tation or the corporation as the case may be] shall deliver to the comp-
troller such agreement and a certificate stating  the  amount  due  such
owner  or owners thereunder on account of such appropriation of his, HER
or their property and the amounts so fixed shall be paid pursuant to all
relevant provisions of the public authorities law,  the  eminent  domain
procedure law and the state finance law.
  8. Application for reimbursement of incidental expenses as provided in
section  seven  hundred two of the eminent domain procedure law shall be
made to the  [corporation]  DEPARTMENT  upon  forms  prescribed  by  the
[corporation]  COMMISSIONER and shall be accompanied by such information
and  evidence  as  the  [corporation]  COMMISSIONER  may  require.  Upon
approval  of  such  application,  the  [corporation]  COMMISSIONER shall
deliver a copy thereof, to the comptroller together with  a  certificate
stating  the  amount  due thereof, and the amount so fixed shall be paid
out of funds available  for  the  acquisition  of  property  under  this
section.
  9. The [corporation] COMMISSIONER shall establish and may from time to
time  amend  rules  and  regulations  authorizing  the payment of actual
reasonable and  necessary  moving  expenses  of  occupants  of  property
acquired  pursuant  to this section; of actual direct losses of tangible
personal property as a result of moving or discontinuing a  business  or
farm  operation,  but  not  exceeding  an amount equal to the reasonable
expenses that would have been required to  relocate  such  property,  as
determined  by  the  [corporation]  COMMISSIONER;  and actual reasonable
expenses in searching for a replacement business or farm; or in hardship
cases for the advance payment of  such  expenses  and  losses.  For  the
purposes  of  making  payment  of such expenses and losses only the term
"business" means any lawful activity conducted primarily  for  assisting
in  the  purchase, sale, resale, manufacture, processing or marketing of
products, commodities, personal property or services by the erection and
maintenance of an outdoor advertising display or  displays,  whether  or
not such display or displays are located on the premises on which any of
the  above  activities  are  conducted.  Such  rules and regulations may
further define the terms used in this subdivision. In lieu of such actu-
al reasonable and necessary moving expenses, any such displaced owner or
tenant of residential property may elect  to  accept  a  moving  expense
allowance, plus a dislocation allowance, determined in accordance with a
schedule  prepared  by the [corporation] COMMISSIONER and made a part of

S. 341                             13

such rules and regulations. In lieu of such actual reasonable and neces-
sary moving expenses, any such displaced owner or tenant  of  commercial
property who relocates or discontinues his OR HER business or farm oper-
ation  may elect to accept a fixed relocation payment in an amount equal
to the average annual net earnings of the business  or  farm  operation,
except  that  such  payment  shall  be  not  less than two thousand five
hundred dollars nor more than ten thousand dollars. In  the  case  of  a
business,  no  such  fixed  relocation  payment shall be made unless the
[corporation] COMMISSIONER finds and determines that the business cannot
be relocated without a substantial loss of its existing  patronage,  and
that the business is not part of a commercial enterprise having at least
one other establishment, which is not being acquired by the state or the
United  States, which is engaged in the same or similar business. In the
case of a business which is to be discontinued but for which  the  find-
ings  and  determinations  set  forth  above cannot be made, the [corpo-
ration] COMMISSIONER may prepare an estimate of what the actual  reason-
able  and  necessary  moving expenses, exclusive of any storage charges,
would be if the business were to be relocated and enter into  an  agreed
settlement  with  the owner of such business for an amount not to exceed
such estimate in lieu of such actual  reasonable  and  necessary  moving
expenses.  Application  for payment under this subdivision shall be made
to the [corporation]  DEPARTMENT  upon  forms  prescribed  by  [it]  THE
COMMISSIONER  and  shall be accompanied by such information and evidence
as the [corporation] COMMISSIONER may require.  Upon  approval  of  such
application, the [corporation] COMMISSIONER shall deliver a copy thereof
to  the  comptroller  together with a certificate stating the amount due
thereunder, and the amount so fixed shall be paid out of the state trea-
sury after audit by the comptroller from  moneys  appropriated  for  the
acquisition of property under this section. As used in this subdivision,
the  term "commercial property" shall include property owned by an indi-
vidual, family, partnership, corporation,  association  or  a  nonprofit
organization and includes a farm operation. As used in this subdivision,
the  term "business" means any lawful activity, except a farm operation,
conducted primarily for the purchase, sale, lease and rental of personal
and real property, and for the manufacture, processing or  marketing  of
products,  commodities,  or any other personal property; for the sale of
services to the public; or by a nonprofit organization.
  10. Authorization is hereby given for the reimbursement to the  person
or  other  entity  entitled  thereto, as determined by the [corporation]
COMMISSIONER, of an amount, separately computed and stated, representing
the following incidental expenses to  the  owner  of  property  acquired
pursuant to this section:
  (a)  Any  recording fees, transfer taxes and other similar expenses in
connection with the acquisition of the property by the state[, including
the corporation,] or in connection with the transfer of the property  to
the state[, including the corporation]; and
  (b)  Any  penalty costs, incurred by the owner of property acquired by
the state[, including the corporation,] for prepayment of any pre-exist-
ing recorded mortgage entered into in good faith encumbering such  prop-
erty.
  In the event that there shall be a final judgment by a court of compe-
tent jurisdiction that the commissioner [of transportation or the corpo-
ration  as the case may be,] was not legally authorized to acquire prop-
erty, or a portion of such property, pursuant to this  section;  or  the
commissioner  [or  the  corporation] denies that there was any taking of
property, makes no offer to settle the value of the claim for such prop-

S. 341                             14

erty and there shall be a final judgment by a court of competent  juris-
diction that the commissioner [or the corporation] did in fact take such
property;  or the procedure to acquire such property is abandoned by the
commissioner [or the corporation]; authorization is hereby given for the
reimbursement  to the person or other entity entitled thereto, as deter-
mined by the commissioner [or the corporation], of an amount, separately
computed and stated, for reasonable costs, disbursements  and  expenses,
including  reasonable attorney, appraisal and engineering fees, actually
incurred by such person or  other  entity  because  of  the  acquisition
procedure.
  Application  for  either  of  such reimbursements shall be made to the
[corporation] DEPARTMENT upon forms prescribed by [it] THE  COMMISSIONER
and shall be accompanied by such information and evidence as the [corpo-
ration] COMMISSIONER may require. Upon approval of such application, the
[corporation]  COMMISSIONER  shall  deliver  a copy thereof to the comp-
troller together with a certificate stating the amount  due  thereunder,
and  the  amount  so fixed shall be paid out of funds available for this
purpose.
  11. Authorization is hereby given to the [corporation] COMMISSIONER to
make supplemental relocation payments, separately computed  and  stated,
to  displaced owners and tenants of residential property acquired pursu-
ant to this section who are entitled  thereto,  as  determined  by  such
[corporation] COMMISSIONER. The [corporation] COMMISSIONER may establish
and  from  time  to  time amend rules and regulations providing for such
supplemental relocation payments. Such rules and regulations may further
define the terms used in this  subdivision.  In  the  case  of  property
acquired  pursuant to this section which is improved by a dwelling actu-
ally owned and occupied by the displaced owner for  not  less  than  one
hundred  eighty days immediately prior to initiation of negotiations for
the acquisition of such property, such payment to such owner  shall  not
exceed  fifteen  thousand  dollars. Such payment shall be the amount, if
any, which, when added to the acquisition  payment  equals  the  average
price,  established  by the [corporation] COMMISSIONER on a class, group
or individual basis, required to obtain a comparable replacement  dwell-
ing  that  is  decent,  safe  and  sanitary to accommodate the displaced
owner, reasonably accessible to public services and places of employment
and available on the private market, but in no event shall such  payment
exceed  the  difference  between  acquisition  payment  and  the  actual
purchase price of the replacement dwelling. Such payment  shall  include
an  amount  which will compensate such displaced owner for any increased
interest costs which such person is required to pay  for  financing  the
acquisition  of  any  such  comparable replacement dwelling. Such amount
shall be paid only if the dwelling acquired pursuant to this section was
encumbered by a bona fide mortgage which was a valid lien on such dwell-
ing for not less than one hundred eighty days prior to the initiation of
negotiations for the acquisition of such dwelling. Such amount shall  be
equal  to  the  excess  in the aggregate interest and other debt service
costs of that amount of the principal of the mortgage on the replacement
dwelling which is equal to the unpaid balance of  the  mortgage  on  the
acquired  dwelling,  over  the  remaining  term  of  the mortgage on the
acquired dwelling, reduced to discounted  present  value.  The  discount
rate  shall  be the prevailing interest rate paid on savings deposits by
commercial banks in the general area in which the  replacement  dwelling
is  located.  Any  such  mortgage  interest  differential payment shall,
notwithstanding the provisions of section twenty-six-b  of  the  general
construction law, be in lieu of and in full satisfaction of the require-

S. 341                             15

ments  of  such section.  Such payment shall include reasonable expenses
incurred by such displaced owner for evidence of title,  recording  fees
and  other  closing  costs  incident  to the purchase of the replacement
dwelling, but not including prepaid expenses. Such payment shall be made
only  to  a  displaced  owner  who  purchases and occupies a replacement
dwelling which is decent, safe and sanitary within one  year  subsequent
to  the  date  on  which he OR SHE is required to move from the dwelling
acquired pursuant to this section  or  the  date  on  which  he  OR  SHE
receives  from  the  state  final  payment  of all costs of the acquired
dwelling, whichever occurs later, except advance payment of such  amount
may be made in hardship cases. In the case of property acquired pursuant
to this section from which an individual or family, not otherwise eligi-
ble to receive a payment pursuant to the above provisions of this subdi-
vision,  is  displaced from any dwelling thereon which has been actually
and lawfully occupied by such individual or family  for  not  less  than
ninety  days immediately prior to the initiation of negotiations for the
acquisition of such property, such payment to such individual or  family
shall not exceed four thousand dollars. Such payment shall be the amount
which  is necessary to enable such individual or family to lease or rent
for a period not to exceed four  years,  a  decent,  safe  and  sanitary
dwelling  of standards adequate to accommodate such individual or family
in areas not generally less desirable in regard to public utilities  and
public and commercial facilities and reasonably accessible to his OR HER
place  of  employment, but shall not exceed four thousand dollars, or to
make the down payment, including reasonable expenses  incurred  by  such
individual  or  family  for evidence of title, recording fees, and other
closing costs incident to the purchase of the replacement dwelling,  but
not  including  prepaid  expenses, on the purchase of a decent, safe and
sanitary dwelling of standards adequate to accommodate  such  individual
or  family  in  areas  not  generally less desirable in regard to public
utilities and public and commercial facilities,  but  shall  not  exceed
four  thousand  dollars,  except  if  such  amount  exceeds two thousand
dollars, such person must equally match any such amount in excess of two
thousand dollars, in making the down payment. Such payments may be  made
in installments as determined by the [corporation] COMMISSIONER.  Appli-
cation  for  payment under this subdivision shall be made to the [corpo-
ration] DEPARTMENT upon  forms  prescribed  by  [such  corporation]  THE
COMMISSIONER  and  shall be accompanied by such information and evidence
as the [corporation] COMMISSIONER may require.  Upon  approval  of  such
application, the [corporation] COMMISSIONER shall deliver a copy thereof
to  the  comptroller, together with a certificate stating the amount due
thereunder, and the amount so fixed shall be paid out of funds available
for such purpose.
  12. The owner of any property, easements, interests or  rights  appro-
priated,  may  present  to  the court of claims a claim for the value of
such property appropriated and for legal damages as provided by law  for
the  filing  of  claims with the court of claims. Payment of such awards
and judgments of the court of claims shall be made  in  the  manner  now
prescribed by law.
  13.  If  the  work of improvement, maintenance, control, management or
repair of the canal system causes damage to  property  not  acquired  as
above  provided,  the state shall be liable therefor, but this provision
shall not be deemed to create any  liability  not  already  existing  by
statute.  Claims  for  such  damage may be adjusted by the [corporation]
COMMISSIONER, if the amounts thereof can be agreed upon with the persons
making such claims, and any amount so agreed upon shall  be  paid  as  a

S. 341                             16

part  of  the cost of such improvement, maintenance, control, management
or repair as prescribed by this section. If the amount of any such claim
is not agreed upon, such claim may be presented pursuant to the  eminent
domain  procedure  law to the court of claims which is hereby authorized
to hear such claim and determine if the amount of such claim or any part
thereof is a legal claim against the state, and, if it so determines, to
make an award and enter judgment thereon against  the  state,  provided,
however,  that such claim is filed with the court of claims within three
years after the accrual of such claim.
  14. Notwithstanding any other provision of this section,  the  [corpo-
ration  or  the]  commissioner  [of transportation at the request of the
corporation] shall have the power to acquire by grant  or  purchase,  in
the  name  of the people of the state of New York, any property which he
or [the corporation]  SHE  deems  necessary  for  any  of  the  purposes
provided  for  in  this  section, and payment therefor, if any, shall be
made in the manner  prescribed  in  this  section  for  the  payment  of
adjusted  appropriation claims, provided, however, that no real property
shall be so acquired unless the title thereto shall be approved  by  the
attorney general.
  15.  The expense of the acquisition of property, including the cost of
making surveys, preparing  descriptions  and  maps  of  property  to  be
acquired,  and of administrative duties in connection therewith, serving
notices of appropriation, publication, making appraisals and  agreements
and  of  searches  ordered and examinations and readings and approval of
titles made by the  attorney  general,  and  expenses  incurred  by  the
[corporation  or  the] commissioner [of transportation at the request of
the corporation] and attorney general in proceedings for the removal  of
owners  or occupants, shall be deemed a part of the cost of operation of
the respective offices where  such  employees  are  engaged  or  of  the
department  having  charge of such matters and shall be paid from moneys
appropriated for the operation of such offices. If a  special  fund  has
been  set  up  to  provide  for  the  acquisition of property, then such
expense involved may be made payable from such fund.
  16. Notwithstanding the provisions of any general,  special  or  local
law,  the  [corporation  or  the] commissioner [of transportation at the
request of the corporation],  his  or  [its]  HER  officers,  agents  or
contractors  when  engaged  on  work connected with the canal system, as
described in subdivision one of  this  section,  may,  pursuant  to  the
provisions  of the eminent domain procedure law, enter upon any property
for the purpose of making surveys, test pits,  test  borings,  or  other
investigations  and  also  for  temporary occupancy during construction.
Claims for any damage caused by  such  entry,  work  or  occupation  not
exceeding two thousand five hundred dollars may be adjusted by agreement
by  the  [corporation  or  the]  commissioner  [of transportation at the
request of the corporation] with the owner of the property  affected  as
determined  by him or [such corporation] HER by reasonable investigation
without appropriating such property. Upon making any such adjustment and
agreement, the [corporation or  the]  commissioner  [of  transportation]
shall  deliver to the comptroller such agreement and a certificate stat-
ing the amount due such owner and the amount so fixed shall be paid  out
of the funds available for such purpose.
  17.  If  the  [corporation] COMMISSIONER shall determine subsequent to
the acquisition of a temporary easement right in property and subsequent
to the filing of a description and map of such property in the office of
the county clerk or register, as aforesaid, that the purposes for  which
such easement right was acquired have been accomplished and that the use

S. 341                             17

and  occupancy  of said property for canal purposes are no longer neces-
sary, and that, therefore, the term of such easement should  be  further
limited,  or if the appropriation of such easement was for an indefinite
period,  that  such  period  should be fixed and determined, or that the
period of such easement has by  its  terms  expired,  the  [corporation]
COMMISSIONER  shall  make  [its] HIS OR HER certificate that the use and
occupancy of such property for canal purposes are no  longer  necessary,
that  the  property in which such easement right was acquired is surren-
dered back to the affected owner of said property and that such easement
right is thereupon terminated, released and  extinguished.  The  [corpo-
ration]  COMMISSIONER shall cause a copy of such certificate to be filed
in the office of the department  of  state.  Upon  the  filing  of  such
certificate in the office of the department of state all rights acquired
by  the  state  in  such property shall cease and determine. The [corpo-
ration] COMMISSIONER shall cause a copy  of  such  certificate  together
with  notice  of  the  filing thereof in the office of the department of
state to be mailed to the owner or owners of the property  affected,  as
certified  by  the  attorney  general, if the place of residence of such
owner or owners is known or can be ascertained by a reasonable effort. A
further copy of such certificate and notice of filing shall be filed  in
the  office of the recording officer of each county wherein the property
affected is situated. On the filing of such certificate and notice  with
such  officer it shall be the duty of such officer to record same in the
books used for recording deeds in the office of such officer.
  18. Notwithstanding any other provision of this section,  the  [corpo-
ration]  COMMISSIONER  shall  have  the  power  to  acquire  by grant or
purchase, in the name of the people of the state of New York, any  prop-
erty  which  [it]  HE  OR  SHE  deems  necessary for any of the purposes
provided for in this section and may also acquire for such purposes from
the Palisades interstate park commission, in the name of the  people  of
the  state of New York, such lands and such easements, licenses, permits
and other rights over lands as the  said  commission  is  authorized  to
grant,  sell, exchange or convey. When the acquisition by appropriation,
grant or purchase of property deemed necessary for canal purposes  would
result  in  substantial  consequential  damages to the owner's remaining
property, due to loss of access, severance or  control  of  access,  the
[corporation] COMMISSIONER, for and on behalf of the people of the state
of New York, may acquire by purchase or grant all or any portion of such
remaining  property.  Payment  therefor,  if  any,  shall be made in the
manner prescribed in this section for the payment of adjusted  appropri-
ation  claims,  provided,  however,  that  no  real property shall be so
acquired unless the title thereto shall  be  approved  by  the  attorney
general.
  S  20.  Section  41 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 41. Acquisition of cemeteries.  Whenever  in  the  judgment  of  the
[corporation]  COMMISSIONER, it is necessary for the purposes of improv-
ing, maintaining or repairing the canal system, to appropriate any prop-
erty occupied by graves, burial places, cemeteries or  other  places  of
interment  of  human remains, the [corporation] COMMISSIONER may acquire
such property in the manner and by the method prescribed by  this  arti-
cle.  [It]  HE OR SHE shall cause the removal of all such remains to any
other cemetery or burial place, whether private or public, as the  board
of  trustees  or  governing  body  of such burial place or burial ground
shall designate. All removals and transportation of such  human  remains
shall  be  done  in  accordance with the provisions of the public health

S. 341                             18

law. Whenever any person or persons legally entitled to direct as to the
disposition of any human remains exhumed or to be exhumed from any ceme-
tery, burial place or graves as herein provided, desires to  remove  the
same  for reinterment to any burial plot or cemetery not within the same
county from which such remains were exhumed, such person or  persons  so
entitled to designate such other burial place or plot shall be permitted
to  remove  such exhumed remains from such county subject to the written
consent of the [corporation] COMMISSIONER and provisions of  the  public
health  law,  but  no  portion  of the expense of such transportation or
burial in another county shall be borne by  the  state  [or  the  corpo-
ration].
  S  21.  Section  42 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 42. Removal of  encroachments.  The  [corporation]  COMMISSIONER  is
authorized to cause to be removed from canal property any building, part
of  a  building  or  structure  erected, placed, maintained or otherwise
occupying such canal property, if, in [its]  HIS  OR  HER  opinion,  the
removal  is  necessary  for  the improvement, use, maintenance, control,
management, repair or operation of the canal system.  It  shall  be  the
duty  of  any  person  owning  or maintaining such a building, part of a
building or structure to remove the same within  thirty  days  from  the
service  by  the [corporation] COMMISSIONER upon said person of a notice
ordering its removal. Upon the failure  of  the  person  so  ordered  to
remove  the building, part of a building or structure, the [corporation]
COMMISSIONER may, without liability on the part of  the  state  [or  the
corporation],  take whatever action [it] HE OR SHE may deem necessary to
cause the removal. Service of the order of removal must be  personal  if
the  person  to  be served can be found within the state. If the [corpo-
ration] COMMISSIONER shall not be able to serve such notice or cause the
same to be served on the [said]  SUCH  person  within  the  state  after
making  a  reasonable  effort so to do, service may be made by attaching
such notice to the [said] SUCH building, part of a  building  or  struc-
ture.
  S  22.  Section  43 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 43. Exchange of property. In order to facilitate the acquisition  of
property  as  defined in this article, and which, in the judgment of the
[corporation] COMMISSIONER, will be in the public interest and necessary
for canal purposes, payment for such property may be made by means of an
exchange therefor of property found to be no longer necessary or  useful
as a part of the barge canal system, or as an aid to navigation thereon,
or  for  barge  canal  terminal purposes. The property to be so acquired
shall be of at least  equal  value  to  that  of  such  property  to  be
exchanged. The [corporation] COMMISSIONER is authorized and empowered to
enter  into an agreement with the owner or owners of such property to be
so acquired, upon such terms and conditions  as  to  such  [corporation]
COMMISSIONER  shall  seem  appropriate  and  proper  to  accomplish such
purpose.
  In all such cases, the property so to  be  exchanged  shall  first  be
declared  abandoned  by official order of the [corporation] COMMISSIONER
which order shall  set  forth  the  benefits  to  be  obtained  by  such
exchange.  In such abandonment it shall be unnecessary to conform to the
provisions for abandonment made in section fifty-one  of  this  chapter.
The  agreement  and  the  title  to the property to be acquired shall be
subject to the approval of the attorney-general. Upon  the  approval  of
title by the attorney-general, the [corporation] COMMISSIONER is author-

S. 341                             19

ized  and empowered to execute in the name of the people of the state of
New York, a quit-claim deed to effectuate such exchange, which shall  be
subject  to  the approval of the attorney-general. The deed so executed,
before becoming effective, shall be recorded in the office of the secre-
tary  of  state.  Compensation on account of excess value if any, of the
lands so acquired shall be adjusted and paid in the manner  provided  by
section  forty  of  this  article,  as  in the case of property taken by
appropriation.
  S 23. Section 50 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  50.  Authority  to  abandon  canal  lands.  1.  Authority is hereby
conferred upon the [corporation] COMMISSIONER to abandon any portion  of
barge  canal  lands,  barge canal terminal lands, or old canal lands and
appertaining structures constituting the canal system prior to the barge
canal improvement, which have or  may  become  no  longer  necessary  or
useful  as  a  part  of  the barge canal system, as an aid to navigation
thereon, or for barge canal terminal purposes. This authority,  however,
shall  not include the abandonment of a barge canal terminal unless such
terminal has been by a special act of the legislature previously  deter-
mined  to  have  become  no  longer necessary or useful as a part of the
barge canal system, as an aid to navigation thereon, or for barge  canal
terminal purposes.
  2.  Abandonments  authorized pursuant to this section shall be subject
to the provisions of subdivision seventeen of section ten of this  chap-
ter.
  S  24.  Section  51  of the canal law, as amended by chapter 44 of the
laws of 2009, is amended to read as follows:
  S 51. Method of abandonment. Prior to the exercising of such authority
of abandonment, however, the [corporation] COMMISSIONER  shall  cause  a
notice  of  any proposed abandonment to be transmitted to the commission
and to be published once each week for three successive weeks in a news-
paper published in the county wherein such  lands  are  located,  except
that such publication shall appear in a newspaper published in the muni-
cipality  or  locality  wherein  such  lands are located when there is a
newspaper published in such municipality or locality. Such notice  shall
describe the lands proposed to be abandoned with sufficient certainty to
identify  them  and invite interested parties to file written statements
either supporting or opposing the proposed abandonment. Upon the expira-
tion of the period of publishing said notice, when it is the  case  that
the  assessment  for  such lands proposed for abandonment is equal to or
greater than fifty  thousand  dollars,  the  [corporation]  COMMISSIONER
shall  hold  a  hearing  at which evidence or further information may be
submitted. A record shall be made of  all  evidence  submitted  at  such
hearing. If no hearing shall appear to the [corporation] COMMISSIONER to
be  warranted  or  subsequent  to  such hearing, should one be held, the
[corporation] COMMISSIONER may in [its] HIS OR  HER  discretion  declare
such  lands  abandoned for the purposes of the canal system. The [corpo-
ration] COMMISSIONER shall thereupon issue an official order  abandoning
the  lands for canal purposes together with a map and description of the
lands abandoned and dispose of any portion of canal lands so  abandoned.
Any  money  realized  from the sale of such land shall be deposited into
the canal fund.
  S 25. Section 53 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S 53. Sale of abandoned lands for railroad bridges. Whenever any canal
lands,  as  defined  in  article  one  of  this chapter, are required in

S. 341                             20

connection with any railroad bridge which has been or  which  is  to  be
constructed,  reconstructed  or  raised by or for a railroad corporation
over that portion of the barge canal, which has been or  which  will  be
improved by the use of moneys allotted or to be allotted to the state by
the  federal  government  in accordance with chapter six hundred eighty-
eight of the laws of nineteen  hundred  thirty-four,  the  [corporation]
COMMISSIONER  may issue an official order abandoning the lands for canal
purposes. Upon a  written  request  by  the  railroad  corporation,  and
notwithstanding  the  provisions  of  any  general  or  special law, the
[corporation] COMMISSIONER is authorized to grant and convey  such  land
to  said  railroad  corporation  for  and on behalf of the people of the
state of New York for the purposes mentioned and for a nominal or  other
consideration  and  upon such terms and conditions which he OR SHE shall
deem to be beneficial to the state. Such instrument of grant and convey-
ance shall become effective when it is recorded in  the  office  of  the
secretary of state. Any moneys realized from the sale of such land shall
be deposited into the canal fund.
  S  26.  Section  54 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 54. Abandonment and sale of hydropower  easements;  agreements  with
hydropower  developers.  1.  Notwithstanding  subdivision two of section
three or section fifty of the public lands law or section fifty,  fifty-
one  or  fifty-two  of  this  article, upon request of a person licensed
under Part I of the Federal Power Act (16 USC S  791a-823a)  to  develop
and  operate  a  hydropower project at a site on the barge canal system,
the [corporation] COMMISSIONER may adopt an order abandoning a hydropow-
er easement in barge canal system lands and waters which are within  the
boundaries of such federally licensed project, upon finding the property
rights under such easement to be no longer necessary or useful as a part
of the barge canal system, as an aid to navigation thereon, or for barge
canal  terminal  purposes.  Upon  adoption  of  such order, and with the
approval of the governor, the [corporation] COMMISSIONER  may  sell  and
convey  such  easement  at private sale to such licensed developer. Such
hydropower easements shall be sold for a price to be determined  by  the
[corporation]  COMMISSIONER taking into consideration the value of obli-
gations to be assumed by such  licensed  developer,  the  value  of  the
rights  granted  to such developer to use canal system lands, waters and
facilities for hydropower project purposes  and  any  other  appropriate
factors.
  2.  Any  hydropower  easement abandoned, sold and conveyed pursuant to
subdivision one of this section shall be limited as follows:
  (a) The easement shall convey only those rights necessary and  conven-
ient  for  the  development and generation of hydropower pursuant to the
provisions of the applicable federal hydropower license and only  within
the boundaries of the hydropower project as licensed.
  (b)  The  easement  shall  be  subservient  to the fee retained by the
state.
  (c) The easement shall not give the owner the right to interfere with,
either by act or omission, the management and  control  by  the  state[,
through the corporation,] of the barge canal system.
  (d) The easement shall provide that it shall revert to the state under
terms  and conditions to be determined by the [corporation] COMMISSIONER
in the event that the site ceases to be used for purposes of  hydropower
development and generation.
  3.  The [corporation] COMMISSIONER may also enter into agreements with
such a licensed developer regarding the division of maintenance  respon-

S. 341                             21

sibility  for  structures, facilities or other property which serve both
hydropower generation and barge  canal  system  purposes  and  regarding
other  matters  concerning  joint operation at the site. Such agreements
may  provide  for the payment to the [corporation] DEPARTMENT of reason-
able compensation for services rendered by the [corporation]  DEPARTMENT
which  assist  or otherwise further the development of hydropower on the
barge canal system. In addition, the [corporation] COMMISSIONER, subject
to the approval of the director of the budget, may enter into a  written
agreement  with  a licensed developer or operator at any site concerning
the sharing of costs for a major capital improvement or improvements  at
such  site.  Should the contract for such improvement or improvements be
let and awarded by the [corporation] COMMISSIONER, the state comptroller
is authorized to receive and accept from the developer or operator,  the
sum  or  sums specified in such agreement and to disburse the same along
with state funds appropriated for the purpose of such  capital  improve-
ment or improvements.
  4. Any revenue realized from the sale or lease of hydropower easements
shall be deposited into the canal fund.
  S  27.  Section  55 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 55. Authority to lease land. 1. The  [corporation]  COMMISSIONER  is
hereby  authorized,  after  review  and  comment by the commission as to
consistency with the  canal  recreationway  plan  approved  pursuant  to
section  one  hundred  thirty-eight-c  of this chapter and section three
hundred eighty-two of the public authorities law, to enter  into  leases
of  canal  lands,  canal  terminals,  and canal terminal lands which are
consistent with the canal recreationway plan. Such  review  and  comment
shall  be provided within the time period set forth in the procedures of
the   commission   established   pursuant   to   section   one   hundred
thirty-eight-b of this chapter which shall be no more than sixty days.
  2. Lands to be leased shall be determined by the [corporation] COMMIS-
SIONER to have no essential purpose for navigation.
  3.  Leases  of  canal  lands, canal terminals and canal terminal lands
shall be for purposes which are consistent with the New York state canal
recreationway plan approved pursuant  to  section  one  hundred  thirty-
eight-c  of  this  chapter  and  section three hundred eighty-two of the
public authorities law.
  4. The  [corporation]  COMMISSIONER  shall  consider  fully  completed
applications for leases of canal lands, canal terminals and canal termi-
nal  lands  in  such  form  and manner as the [corporation] COMMISSIONER
shall prescribe.
  5. Canal lands, canal terminals and canal terminal  lands  within  the
Adirondack park shall not be leased.
  6.  The [corporation] COMMISSIONER shall provide assistance, including
reasonable access to lands, as may  be  necessary  to  assist  potential
applicants in preparing an application.
  7. The [corporation] COMMISSIONER may require an applicant for a lease
to  provide  necessary property surveys, environmental studies, maps and
photographs, site plans and such other  documents  and  studies  as  the
[corporation]  COMMISSIONER  may  determine to be necessary to ascertain
the compatibility of proposed development with the New York state  canal
recreationway  plan  and  for the [corporation] COMMISSIONER to select a
qualified lessee.
  8. Revenues realized from the lease of canal  lands,  canal  terminals
and canal terminal lands shall be deposited into the canal fund.

S. 341                             22

  S  28.  Section  56 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S  56.  Conditions  and terms of leases. Leases for canal lands, canal
terminals and canal terminal lands shall include:
  1. the period of time for such leases, provided that the initial  term
of  such  leases may not exceed forty years, and renewals of such leases
may not exceed an additional forty years beyond such initial terms;
  2. requirements that the  lessee  take  no  actions  or  construct  no
improvements  that  will  interfere  with navigation, except that if the
[corporation] COMMISSIONER determines that any potential adverse  inter-
ference  with  navigation can be reasonably mitigated, the [corporation]
COMMISSIONER shall include in the lease  such  requirements  as  may  be
necessary to effectuate mitigation of impediments to navigation;
  3.  proper  covenants  to assure the payment of adequate consideration
for the interests leased, and to further  protect  the  state  [and  the
corporation] as is deemed necessary by the [corporation] COMMISSIONER;
  4.  provisions  requiring  that payments on the lease shall be paid to
the [corporation] DEPARTMENT;
  5. provisions relating to public access, where feasible, to lands  and
waters  of  the  canal  system;  provided however that the [corporation]
COMMISSIONER may require that public access be restricted in those cases
where the [corporation] COMMISSIONER determines that public safety  will
be served by such restriction;
  6.  provisions  providing  a right of entry for commission and [corpo-
ration]  DEPARTMENT  members  and  personnel  and  equipment  for  canal
purposes; and
  7.  such other terms as the [corporation] COMMISSIONER shall determine
are necessary and appropriate for the implementation of this article and
the preservation of the state's interest in the canal system.
  S 29. Section 57 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S 57. Special conditions for leases entered prior to approval of canal
recreationway  plan. 1. In the period between the effective date of this
section and the completion of the canal recreationway plan, the  commis-
sion  shall  review  and  comment on proposed leases with respect to the
consistency of such leases with the provisions of this article.    Where
local  zoning laws and zoning ordinances are in effect on lands proposed
to be leased or on lands adjacent to those lands proposed to be  leased,
during  such  period  the  commission  shall  also review and comment on
proposed leases with respect to the compatibility of such leases, to the
extent practicable, with the requirements of such local zoning laws  and
zoning ordinances.
  2. In addition to the other applicable provisions of this article, the
[corporation] COMMISSIONER shall ensure that: (a) the lease will benefit
the  canal  system  by  effectuating  the  development of the canal as a
recreationway; (b) the lease will foster a canal system characterized by
clusters of development and stretches of undeveloped open space which is
conducive to the preservation of waterfowl, fish and wildlife  habitats;
and (c) may encourage the use of historic buildings, sites and districts
listed  on  or  eligible for the state or national registers of historic
places.
  S 30. Section 60 of the canal law, as amended by chapter  420  of  the
laws of 1968, is amended to read as follows:
  S  60.  Alteration  of  county  roads  or  town highways. Whenever the
commissioner [of transportation] shall deem it necessary to  discontinue
or alter any part of a county road or town highway because of its inter-

S. 341                             23

ference  with  the  proper  location  or construction of any work on the
canal system either of [improvment, maintance,] IMPROVEMENT, MAINTENANCE
or repair he OR SHE shall direct such discontinuance or alteration to be
made  and file in the office of the clerk of the county or town in which
such road or highway is situate, an accurate description of the part  of
such  road or highway so discontinued and of the one laid out anew. From
the time of filing such  description  such  road  or  highway  shall  be
considered  so altered. The use of such old road or highway shall not be
discontinued until the new road or highway is declared open  for  public
use  by  the commissioner [of transportation], and a certificate to such
effect filed in the office of the clerk of the county or town  in  which
said  road  or  highway  is located. Every alteration made on any public
road located upon the canal system before  the  first  day  of  January,
nineteen  hundred  and thirty-nine shall be deemed valid in law from the
time of such alteration.
  S 31. Section 61 of the canal law, as amended by chapter  420  of  the
laws of 1968, is amended to read as follows:
  S  61. Farm and road bridges.  The commissioner [of transportation] is
authorized and required to maintain until April first, nineteen  hundred
fifty-four,  at  public  expense  farm, road and street bridges over the
canal system, in all places where such bridges were constructed prior to
the twentieth day of April, eighteen hundred thirty-nine, if, in his  OR
HER opinion, the public convenience requires that they should be contin-
ued, whether heretofore maintained at the expense of the state or of the
counties,  towns,  villages and cities where they are situate, provided,
however, that commencing on the first day  of  April,  nineteen  hundred
fifty-four, and continuing thereafter, the maintenance, repair, improve-
ment,  replacement or closing of any such bridge over any section of the
canal heretofore abandoned or which may hereafter be abandoned shall  be
governed  by  the  provisions  of  the highway law, except that any such
bridges situate in a  city  shall  be  maintained,  repaired,  improved,
replaced or closed in the same manner and subject to the same provisions
of law as apply to other streets and bridges in such city.
  S  32.  Section  62 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 62. Maintenance by state of certain bridges over the  canal  system.
All highway or pedestrian, lift or movable bridges over the canal system
other  than  highway bridges connecting parts of a state highway hereto-
fore constructed as a part of  the  barge  canal  improvement  shall  be
reconstructed,  improved,  maintained and repaired at the expense of the
state, if in the opinion of the commissioner  [of  transportation],  the
public  convenience  requires  such  bridges  to  be maintained where no
alternate crossing has been provided. In the event the commissioner  [of
transportation]  determines  that  any such bridge is no longer required
for the convenience of the public, he OR SHE shall have power to  close,
remove  or  relocate  such  bridge. The commissioner [of transportation]
shall  have  the  supervision  and  direction  of  such  reconstruction,
improvement,  maintenance,  repair, closing, removing or relocation. All
bridges over the canal system other than lift,  movable,  pedestrian  or
state  highway bridges heretofore constructed as part of the barge canal
improvement shall be reconstructed, improved, maintained and repaired at
the expense of the state under the  supervision  and  direction  of  the
commissioner  [of transportation], if, in his OR HER opinion, the public
convenience requires that each such  bridge  shall  be  continued  as  a
bridge  for highway traffic. In the event the commissioner [of transpor-
tation] is requested by any municipality to reconstruct or  improve  any

S. 341                             24

such  bridge, he OR SHE is hereby empowered to do so, provided, however,
that prior to such reconstruction or improvement the municipality enters
into a written agreement that such bridge thereafter shall become a part
of  the  highway  system or systems which it may connect and the mainte-
nance, repair, improvement, replacement or closing of  any  such  bridge
shall  be governed by the provisions of the highway law, except that any
such bridges situate in a city shall be maintained, repaired,  improved,
replaced  or  closed in the same manner and subject to the provisions of
any special law which may apply or to the  same  provisions  of  law  as
apply  to  other streets and bridges in such city or in the case of such
bridges  situate  in  a  village,  such  bridges  shall  be  maintained,
repaired, improved, replaced or closed in the same manner and subject to
the same provisions of law as apply to other streets and bridges in such
village.  Any  bridge  over the New York state canal system or abandoned
part thereof which joins parts of a state highway  shall  be  under  the
jurisdiction  of  the  commissioner [of transportation] and deemed to be
part of the state highway system and such bridges shall be  constructed,
reconstructed,  improved,  maintained,  repaired,  closed  or  relocated
pursuant to the provisions of the highway law and the cost of such  work
shall  be  paid  from moneys available for construction, reconstruction,
improvement, maintenance or repair of state highways.
  S 33. Section 63 of the canal law, as amended by chapter  420  of  the
laws of 1968, is amended to read as follows:
  S  63.  Maintenance  by state of alteration to certain highway bridges
not state owned.  When in the canalization of a natural waterway to form
a part of the canal system it has been or may be necessary to  alter  an
existing  highway bridge spanning the canalized portion of the waterway,
the maintenance and repair of the additional or new  part  or  parts  of
such  bridge structure which may have been or may be necessary in alter-
ing the bridge to meet the requirements of navigation, shall be an obli-
gation of the state. The commissioner  [of  transportation]  shall  have
supervision  and direction over such maintenance or repairs, the cost of
which shall be defrayed from moneys appropriated  for  the  improvement,
maintenance and repair of the canal system.
  S  34.  Section  64 of the canal law, as amended by chapter 420 of the
laws of 1968, is amended to read as follows:
  S 64. Commutation for bridges.  The commissioner  [of  transportation]
may  commute  with  owners  and  claimants of bridges over any canal, by
paying such owner or claimant such sum in lieu of a  bridge  as  may  be
agreed on between the claimant and the commissioner [of transportation].
If,  in  the  opinion  of the commissioner [of transportation], a bridge
should not be rebuilt, and the amount to be paid be not agreed upon, the
bridge shall not be built, but the damages sustained by  such  owner  by
being  deprived of such bridge and which the state under all the circum-
stances ought of right to pay, shall be ascertained in the  same  manner
as  damages  for  the appropriation of real property, for the use of the
canal and paid by the commissioner [of transportation], on the  approval
of  the attorney-general. If the damages claimed are for the deprivation
of a bridge which the claimant had before constructed or maintained, the
circumstance of his OR HER being equitably bound to  contribute  propor-
tionately  toward the construction and maintenance of an enlarged bridge
shall be taken into consideration and a proper amount  of  that  account
shall  be  set off against any damage to which the claimant might other-
wise be entitled.
  S 35. Section 65 of the canal law, as amended by chapter  420  of  the
laws of 1968, is amended to read as follows:

S. 341                             25

  S  65.  Private road in lieu of farm bridges.  If the commissioner [of
transportation] cannot agree with the owner of a farm bridge spanning  a
canal  as to the amount of commutation in any case where he OR SHE is of
the opinion that the state should erect such bridge, and the commission-
er  [of transportation] determines that a private road through adjoining
lands will sufficiently accommodate such owner, and that the same can be
laid out with economy to the state, he OR SHE  may  take  the  necessary
action  to lay out a private road for the accommodation of the owner, in
the manner prescribed by law for laying out private roads and pay to the
owner of the lands through which the  same  is  laid  out,  the  damages
assessed.
  S  36.  Section  66 of the canal law, as amended by chapter 420 of the
laws of 1968, is amended to read as follows:
  S 66. Restrictions on the construction of farm and road  bridges.    A
person  shall  not be entitled to demand a farm bridge across a canal or
feeder where the necessity of convenience  of  such  bridge  shall  have
arisen  from  the  division or acquisition of property subsequent to the
location of such canal or feeder. A street or road bridge shall  not  be
constructed  by  the  commissioner  [of  transportation] over a canal or
feeder, except upon such streets or roads as were laid  out,  worked  or
used,  previously  to  the construction of the canal or feeder, by which
such street or road is obstructed; and when bridges are  constructed  or
reconstructed  upon  any  such  streets  or roads, the cost to the state
shall in no case be more than is required to  preserve  in  a  safe  and
substantial  manner the continuity of such streets or roads so as not to
unnecessarily impair their usefulness. When a bridge of  a  more  costly
nature  is  desired  by the local authorities of a city, town or village
within whose corporate limits a bridge is to be built  or  rebuilt,  the
commissioner  [of transportation], on presentation to him OR HER by such
local authorities of  plans  and  specifications  for  such  bridge  and
approval  thereof by him OR HER shall estimate and determine the propor-
tion of the cost, which, in order to preserve  the  continuity  of  such
streets and roads, the state ought equitably to pay, and file such esti-
mate  and  determination in his OR HER office and a duplicate thereof in
the office of the clerk of such city, town or village. If a private road
or public highway is laid out by legal authority in such direction as to
require the erection of a new bridge over a canal for the  accommodation
of  the road, such bridge shall be so constructed and forever maintained
at the expense of the town, village or city in which it shall  be  situ-
ated.
  S  37.  Section  67 of the canal law, as amended by chapter 420 of the
laws of 1968, is amended to read as follows:
  S 67. Construction of bridges by municipal corporations.   The  common
council of any city may provide by ordinance for the erection of a lift,
hoist  or swing bridge over a canal at any street in such city, on plans
and specifications approved by the commissioner [of transportation].  If
the  commissioner  [of transportation] shall consent to such erection he
OR SHE shall file such consent with the clerk of  such  common  council.
Such  bridge  shall  be  built, operated and maintained under the super-
vision and control of the commissioner [of transportation], but  at  the
expense  of  such city or of the property adjudged by the common council
to be so benefited.
  S 38. Subdivision 1 of section 68 of the  canal  law,  as  amended  by
chapter  420 of the laws of 1968 and as designated by chapter 422 of the
laws of 1994, is amended to read as follows:

S. 341                             26

  1. When a bridge spanning the Oswego canal or that portion of the Erie
canal between the Hudson river and its junction with the  Oswego  canal,
is  to  be  reconstructed,  or  a  new  bridge  is to be built over such
sections of the canal system, such reconstructed or new bridge shall  be
so  built  as to provide a clear passageway between the bottom clearance
line of the bridge, if of the fixed type, or the bottom  clearance  line
when raised, if of the movable type, and the surface of the water at its
highest  navigable  stage  of  not less than twenty feet.  When a bridge
spanning the Champlain canal, the Cayuga  and  Seneca  canals,  or  that
portion  of  the  Erie  canal  westerly  of Three Rivers is to be recon-
structed or a new bridge is to be built over such sections of the  canal
system, such reconstructed or new bridge shall be so built as to provide
a  clear  passageway between the bottom clearance line of the bridge, if
of the fixed type, or the bottom clearance line when raised, if  of  the
movable  type,  and  the  surface  of the water at its highest navigable
stage, of not less than fifteen and one-half feet.  The commissioner [of
transportation] may, however, if in his OR HER judgment  the  additional
cost  is not unreasonable, require that such bridges be reconstructed or
constructed to provide a clearance of not less than twenty feet or  that
the  substructure  of such bridge be so constructed that the superstruc-
ture may be raised  to  provide  a  clearance  of  twenty  feet  without
rebuilding the foundation of said substructure.
  S  39.  Section  69 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 69. Damages caused by excessive loads. The commissioner  [of  trans-
portation] shall cause, where required, the posting of all bridges under
his  OR  HER jurisdiction located on the canal system in conformity with
the provisions of the vehicle and traffic law.  Upon  all  such  bridges
incapable  of  safely  carrying legal loads as prescribed in such law or
where the overhead clearance is less than the legal height  of  fourteen
feet,  the commissioner [of transportation] shall have displayed on both
ends of such bridge signs stating the safe carrying capacity  and  legal
clearance  of  such  structure, all in accordance with the provisions of
section three hundred eighty-five of the vehicle  and  traffic  law.  No
person  shall cause to be transported over such a bridge a vehicle whose
load is in excess of that shown upon the posted sign or whose height  is
in  excess  of  the  legal  clearance  as shown on such posted sign. Any
person violating the above provisions shall be subject to the  penalties
imposed under section three hundred eighty-five of the vehicle and traf-
fic  law and in addition thereto shall be liable for all damages to such
structure resulting from violation of such  law.  The  commissioner  [of
transportation]  is hereby authorized and directed to proceed, on behalf
of the people of the state, to cause to be recovered, by  the  attorney-
general in an appropriate action in any court of competent jurisdiction,
the  amount  of  damages sustained and expenses incurred by the state in
consequence of such violation.
  S 40. Section 69-a of the canal law is REPEALED.
  S 41. Section 70 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  70.  Cargo  statement.  The  master  of any float shall furnish the
[corporation] COMMISSIONER or [its] HIS OR  HER  representative  a  true
statement  of  the quantity and description of the lading of such float,
specifying the place from which it departed and to which it is destined.
Any master who refuses to comply with  any  provision  of  this  section
shall  forfeit  to  the  people of the state a penalty not to exceed one
hundred dollars, which shall be paid into the canal fund.

S. 341                             27

  S 42. Section 71 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S 71. Registry of canal floats. The owner of every commercial float to
be  navigated  on the canal system shall make application to the [corpo-
ration] COMMISSIONER for a New York state certificate of  registry.  The
application shall be in THE form prescribed by the [corporation] COMMIS-
SIONER  and  shall contain such information as the [corporation] COMMIS-
SIONER may deem essential for full and complete  identification  of  the
float and the owner thereof. It shall be signed by the owner if an indi-
vidual,  or by an officer of a company, partnership or corporation if so
owned. Upon receipt of an application in proper form, the  [corporation]
COMMISSIONER shall assign a state registry number and issue to the owner
a  certificate  of  New  York  state  registry, a copy of which shall be
entered in the records of its office.
  S 43. Section 72 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  72.  Change  of ownership, name or hailing place. Should the owner-
ship, name or hailing place of a float change after state registry,  the
owner  of  the  float shall make new application in form similar to that
required for original registry and upon receipt of such application  the
[corporation] COMMISSIONER shall issue a new state certificate of regis-
try  and record the same in its office. The owner or owners of a commer-
cial float found navigating the canal system,  the  ownership,  name  or
hailing  place  of which shall have been changed without proper applica-
tion for re-registry to the [corporation] COMMISSIONER, shall, upon  due
proof  thereof be subject to a penalty to the people of the state of New
York not to exceed one  hundred  dollars  recoverable  by  the  attorney
general in an action in any court of competent jurisdiction.
  S  44.  Section  73 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 73. Registered owner to be advised of assessments and penalties. The
[corporation] COMMISSIONER shall advise the person whose name appears on
the latest application for registry on file in [its office] THE  DEPART-
MENT  of  any  assessments,  penalties or other charges levied against a
float or its crew for acts or omissions occurring while the float is  on
the  canal  system.  Should  the  registered  owner  fail to make prompt
payment of such assessments, penalties  or  charges,  the  [corporation]
COMMISSIONER  may  refuse  clearance  to  the  float and action shall be
instigated as provided under section eighty-three of this article.
  S 45. Section 74 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  74.  List  of  registered  floats to be prepared. The [corporation]
COMMISSIONER shall make a list of all floats to  which  New  York  state
certificates  of registry have been issued. This list shall be corrected
at least once in each calendar year and a copy of  such  corrected  list
shall  be  filed  in the office of each of the district engineers having
supervision over portions of the canal system. The list shall  be  filed
in  the [office of the corporation] DEPARTMENT and shall be available to
public inspection within regular office hours.
  S 46. Section 75 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  75.  Clearance  and  ownership. Every commercial float shall have a
clearance. Clearances may be obtained at such  places  along  the  canal
system  and  at  such other points as the [corporation] COMMISSIONER may
direct. No clearance shall be granted to any commercial float unless the
person authorized to issue such clearance has evidence that  such  float

S. 341                             28

is  duly  registered in the [office of the corporation] DEPARTMENT. Each
float shall have a separate clearance and no part of the cargo shall  be
cleared  to a place beyond which the float is cleared. The [corporation]
COMMISSIONER  may,  in  [its]  HIS  OR HER discretion, refuse to issue a
clearance for a vessel against whose registered owner there is an unpaid
penalty involving such vessel for the violation of rules and regulations
adopted pursuant to this chapter.
  S 47. Section 76 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S 76. Regulations with respect to clearance. No commercial float shall
proceed  beyond  the place to which it is cleared, nor unload any of its
cargo, before or after its arrival, at the place from which  such  arti-
cles are cleared, nor proceed beyond such place until the master thereof
delivers  the  clearance  of such float or articles to the person desig-
nated by the [corporation] COMMISSIONER to  receive  the  same,  at  the
place  for which they are cleared. If there is no canal official at such
place, then to the canal official whose office shall be  passed  by  the
float in the order of its voyage, and receive permission from such canal
official to proceed to the place to which it is cleared.
  S  48.  Section  77 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 77. Copy of clearance. The [corporation] COMMISSIONER, or [its]  HIS
OR  HER  representative  issuing a clearance or with whom a clearance is
filed, shall, when requested, furnish a copy  thereof,  with  any  addi-
tional  cargo  entered  thereupon  and the several indorsements, if any,
which copy shall have the same  validity  and  effect  as  the  original
clearance of which it is a copy.
  S  49.  Section  78 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 78. Assignment of berths for loading or unloading. The [corporation]
COMMISSIONER or [its] HIS OR HER representative may assign berths to all
floats while loading or unloading at any landing place upon a canal  and
determine  disputes  concerning  same.  The  [corporation] COMMISSIONER,
shall, as to any of the locks, terminals or mooring places of the  canal
system  used  by  floats,  regulate and station such floats for the best
interest of navigation. The [corporation] COMMISSIONER may determine how
far and in what instances masters and other persons having charge of any
float shall accommodate each other in their  respective  anchorages.  If
any master or other person having control of any float within the limits
of  such  waters  shall  neglect or refuse to obey the directions of the
[corporation] COMMISSIONER, or [its] HIS OR HER representative,  in  any
such  matters  within  [its]  HIS  OR  HER authority, or shall resist or
oppose the [corporation] COMMISSIONER  in  the  execution  of  the  said
duties,  such  person  shall  be  liable  to a penalty not to exceed one
hundred dollars, recoverable by the [corporation]  COMMISSIONER  in  any
court of competent jurisdiction, and payable into the canal fund.
  S  50.  Section  79 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 79. Floating elevators. Any person owning or leasing, in whole or in
part, any floating elevator used for loading grain, coal, sand, or other
material, shall, upon application  to  and  in  the  discretion  of  the
[corporation]  COMMISSIONER,  be  assigned  a place for and permitted to
keep said floating elevator in the waters of the canal  system  of  this
state,  at  such point as may be most convenient for and for such period
of time as may be necessary for the transaction of the business of load-
ing or unloading grain, coal, sand, or other material, shipped or to  be

S. 341                             29

shipped  on  the  canals; provided, however, that such floating elevator
shall cause no obstruction to the free  and  uninterrupted  use  of  the
canal  system  by floats navigating thereon. While such elevators are in
operation,  they  shall  be  equipped with such device or devices as the
[corporation] COMMISSIONER may determine to prevent the  material  being
loaded or unloaded from such float, from falling into such waters.
  S  51.  Section  80 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 80. Supplying deficiencies of water. Whenever the navigation of  any
part  of  the  canal  system  is endangered by reason of a deficiency of
water, the [corporation] COMMISSIONER shall, without delay, supply  such
deficiency.  For  that  purpose  [it]  THE COMMISSIONER shall resume the
temporary use of all the surplus water  leased,  licensed  or  withdrawn
under  revocable  permit  from  the  part of the canal system where such
deficiency exists. If there still be a deficiency  of  water,  [it]  THE
COMMISSIONER may enter upon and use all lands, streams and waters which,
in  [its]  HIS OR HER judgment, may be necessary or proper to be used to
procure a temporary supply of water for such part of the  canal  system.
The  [corporation]  COMMISSIONER  may  enter  into an agreement with the
owner or owners of any property used for such  temporary  purpose  under
this  section  covering  the  amount of damage sustained. Such agreement
when approved by the attorney-general shall become an obligation of  the
[corporation]  COMMISSIONER  and paid from moneys available therefor. In
case no agreement is consummated the amount of damages sustained may  be
determined as provided in section one hundred twenty of this chapter. No
damages shall be allowed in any case for resuming the use of any surplus
water which has been withdrawn under lease, license or revocable permit.
  S  52.  Section  81 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 81. Deposit of refuse in navigable waters. It shall be  unlawful  to
throw from or otherwise deposit, either from or out of any float or from
the  shore,  wharf,  manufacturing  establishment  or  mill of any kind,
refuse or other matter of any description, into any of the waters of the
canal system or into any waters dredged at public expense and  used  for
canal  purposes.  Every person that shall violate the provisions of this
section shall be subject to damages to the amount as will compensate the
[corporation] COMMISSIONER for the expenses involved in  restoring  such
waters to its useful condition to meet the needs of canal navigation. It
shall  also  be  unlawful for any person to obstruct the navigation of a
canal by the improper mooring, management or conduct of a float,  or  by
placing any obstruction on the banks thereof.
  S  53.  Section  82 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 82. Seizure of obstruction. The [corporation] COMMISSIONER may cause
to be seized and removed any object,  article,  float  or  sunken  thing
found within the limits of the canal system not under the care or charge
of  any person.   [It] THE COMMISSIONER shall sell or offer for sale all
seized objects, articles, floats or sunken things either before or after
their removal, as [it] HE OR SHE deems essential for maintenance of  the
canal system. The sale shall be at public auction after giving ten days'
written  notice of such proposed sale conspicuously posted at two public
places in the city or town where such object, article, float  or  sunken
thing  is  found  unless  before the time of such sale the owner thereof
appears and claims same and pays to  the  [corporation]  DEPARTMENT  the
cost  and  expense  which has been incurred by it in connection with the
seizure, removal and proposed sale. The owner thereof  shall  be  liable

S. 341                             30

for  the  cost and expense of such seizure, removal and sale of the said
object, article, float or sunken thing which cost  and  expense  may  be
recovered by the attorney-general in an appropriate action or proceeding
brought in the name of the people of the state in any court of competent
jurisdiction.  The  avails  of  such  sale shall be accounted for by the
[corporation] COMMISSIONER to the department  of  taxation  and  finance
which  may  on the application of the owner and upon due proof of owner-
ship pay over such proceeds to him OR HER  after  deducting  all  costs,
expenses  and reasonable charges of the seizure, removal and sale there-
of. Whenever in the opinion of the [corporation] COMMISSIONER the  navi-
gation  or  operation  of any part of the canal system is interrupted or
endangered, the [corporation] COMMISSIONER  may  cause  to  be  cut  up,
destroyed  or  otherwise  removed  any  object, article, float or sunken
thing in or partly in the waters of the canal system which may,  in  its
judgment,  be  causing  such  interruption  or damage. The [corporation]
COMMISSIONER may enter into an agreement with the owner or owners of any
property so cut up, destroyed, or otherwise removed, covering the amount
of damage sustained. Such agreement when approved by the attorney-gener-
al shall become an obligation of the [corporation] DEPARTMENT  and  paid
from moneys available therefor. In case no agreement is consummated, the
amount of damages sustained may be determined as provided in section one
hundred twenty of this chapter.
  S  54.  Section  84 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 84. Damage caused by termination of canal navigation. No part of the
canal system of the state which was improved pursuant to  chapter  seven
hundred  ten  of the laws of nineteen hundred seven and the acts supple-
mental thereto and amendatory thereof, shall be abandoned or  navigation
thereof  permanently closed, nor shall the state cede or transfer owner-
ship, jurisdiction or control thereof to the United States  pursuant  to
authority conferred by constitutional amendment, until the expiration of
one year after the [corporation] COMMISSIONER shall have been authorized
and  empowered by law to cause a notice of intention to take such action
to be published once in each month during such  year  in  at  least  one
newspaper  published  in  each county adjacent to the part of such canal
system affected by such notice. Each person, who, at  the  time  of  the
first  publication  of  such  notice, is the owner of a commercial float
registered pursuant to the provisions of this  chapter,  which,  at  the
close  of  navigation  in such year, shall have been actually engaged in
the navigation of the part of such canal system  so  abandoned,  closed,
ceded  or transferred, or so relinquished to the jurisdiction or control
of the United States, may present a claim for damages against the  state
[including  the corporation] to a court of competent jurisdiction, which
court shall hear and determine the liability [of the corporation] there-
for; and, if the court shall find  that  such  person  has  suffered  or
sustained damages by reason of such abandonment, closing, ceding, trans-
fer,  or relinquishment which the [corporation] DEPARTMENT, in right and
justice, or in law or equity, is obligated to pay,  such  damages  shall
constitute a valid and legal claim against the [corporation] DEPARTMENT,
and  the  [corporation]  DEPARTMENT shall be deemed liable therefor, and
the court may make an award to such person and render a judgment in  his
OR  HER  favor  against  the [corporation] DEPARTMENT in such sums as it
shall find to be just and equitable. It is declared to be the purpose of
this section to encourage and induce the construction of boats  for  use
upon  such  canal system and their operation thereon and to protect from
loss, financial investments made  in  such  construction  and  operation

S. 341                             31

caused  by  an  abrupt,  permanent  termination  of  navigation,  or the
creation of conditions, which would result in the impairment, limitation
or destruction of navigation of such canal system by such floats.
  S  55.  Section  85 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 85. Rules and  regulations.  The  [corporation]  COMMISSIONER  shall
prescribe  and enforce rules and regulations, not inconsistent with law,
governing navigation on the canals and for  the  use  of  the  terminals
connected  with  the canals and for the use of all other property of the
[corporation]  DEPARTMENT  under  the  [corporation's]  COMMISSIONER  OR
DEPARTMENT'S  control  and maintained as a part of the canal system. The
[corporation] COMMISSIONER shall provide rules and regulations  for  the
government  of  all employees under [its] HIS OR HER control, engaged in
the improvement, repair and maintenance of the canals. [It] THE  COMMIS-
SIONER  shall  cause such rules and regulations to be printed and a copy
filed in the office of the department of state and a  sufficient  number
distributed  to  the various district engineers and other field officers
to be kept in their respective offices for public inspection.
  S 56. Section 90 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  90.  Record  of  operating expenses. The [corporation] COMMISSIONER
shall keep an accurate account of all moneys appropriated by the  legis-
lature  for  the  improvement,  maintenance, repair and operation of the
canal system and shall cause to be prepared and filed in the [office  of
the  corporation]  DEPARTMENT  on or about January first of each year, a
statement showing all such moneys appropriated and how  expended  during
the  preceding fiscal year. The [corporation] COMMISSIONER shall keep an
accurate account of the recoveries made in all actions brought  by  [it]
HIM  or HER OR at [its] HIS OR HER direction, for the recovery of penal-
ties or damages under authority of this chapter  and  of  the  cost  and
expenses  thereof  and  pay  into  the canal fund the amount of all such
recoveries and account for the same with the  department  of  audit  and
control.
  S  57.  Section  91 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 91. Tonnage statistics. The [corporation] COMMISSIONER shall collect
and compile accurate records of the tonnage transported  on  the  canals
during  each  season  of  navigation. Such data, together with all other
necessary information relative to canal transportation shall be arranged
in convenient form and furnished to those interested. The  [corporation]
COMMISSIONER  shall  publish from time to time such data and information
as, in [its] HIS OR HER opinion, will promote and encourage commerce  on
the canals.
  S  58.  Section  92 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 92. Annual report. The [corporation] COMMISSIONER shall  during  the
month  of  January  make a report to the legislature covering the activ-
ities of the [corporation] DEPARTMENT with respect to the  canal  system
for  the preceding calendar year ending December thirty-first, including
therein details as to the tonnage transported upon  the  canals  of  the
state,  the  condition  of  the  canals,  and  the work and improvements
connected therewith; the several  amounts  of  moneys  appropriated  and
expended  during the preceding fiscal year and submit recommendations of
such measures in relation to the canals as, in [its] HIS  OR  HER  judg-
ment, the public interest requires.

S. 341                             32

  S  59.  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] COMMISSIONER is
hereby authorized, in [its] HIS OR HER discretion,  to  issue  revocable
permits  granting  certain limited privileges therein, whenever the same
can be done without detriment to canal navigation or damage to the banks
or other structures thereof. [It] THE COMMISSIONER shall  prescribe  the
terms  and  conditions by which such revocable permits may be issued for
the temporary use of canal lands or structures and for the diversion  of
canal  waters  for  sanitary, farm purposes, or industrial use. [It] THE
COMMISSIONER may also issue permits, as [it] HE OR SHE shall deem to  be
advantageous  to  the [corporation] STATE, to any person, firm or corpo-
ration, 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] COMMISSIONER 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] HE OR SHE 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 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 nine-
ty-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 60. Section 101 of the canal law, as amended by chapter 335  of  the
laws of 2001, is amended to read as follows:
  S 101. Railroads operating over canals. The [corporation] COMMISSIONER
shall  have  a general supervisory power over so much of any railroad as
passes over any canal or feeder belonging to  the  state  or  approaches
within ten rods thereof, so far as may be necessary to preserve the free
and  perfect  use  of such canals or feeders, or for making any repairs,
improvements or alterations thereupon.  No  railroad  corporation  shall
construct its railroad over or at any place within ten rods of any canal
or feeder belonging to the state, unless it submits to the [corporation]
COMMISSIONER  a map, plan and profile of such canal or feeder and of the
route designated for its railroad, exhibiting distinctly and  accurately
the relation of each to the other at all the places within the limits of
ten  rods  thereof,  and  obtains  the written permission of the [corpo-
ration] COMMISSIONER for the construction of such  railroad,  with  such
conditions,  directions and instructions as in its judgment the free and
perfect use of any such canal or feeder may require.
  Whenever any street railroad shall cross over any  bridge  spanning  a
canal,  or  canal  feeder, the company owning, maintaining and operating
the same, shall be deemed liable for and shall pay all damages that  may

S. 341                             33

occur  or  arise,  either  to  the state or to persons, by reason of its
laying and maintaining its tracks or rail over, upon and across any such
bridge, or by reason of the operation of its cars over the same; and any
such  company shall, upon demand of the [corporation] COMMISSIONER, make
any repairs to such structure to insure the continued safety thereof, as
shall have been rendered necessary by reason of such use of said  struc-
ture  by  said  company.  Any  company maintaining or operating a street
railroad over, upon and across any such bridge shall indemnify the state
[including the corporation] against any and all loss, damages or  claims
for  damages  for  injuries  to  persons or property of passengers which
shall be incurred by or made against such state by reason of the  opera-
tion  of  such  railroad  over any such bridge, and the [or corporation]
COMMISSIONER may, in [its] HIS OR HER discretion, require any company so
maintaining or operating a street railroad to furnish a bond, with sure-
ties to be approved by [it] HIM OR HER to indemnify the state [including
the corporation] from all such loss, damage or claim. All  such  permits
heretofore or hereafter granted shall be revocable whenever the free and
perfect use of any such canal or feeder may so require, or if such rail-
road  company  shall  fail to make any such repairs when required by the
[corporation] COMMISSIONER.  The railroad company using or occupying any
bridge over the same shall, within a reasonable time after  the  service
upon  it,  by the [corporation] COMMISSIONER of a written notice of such
revocation, or to make such repairs, remove at its own cost and expense,
its railroad from such bridge and from the limits of ten  rods  of  said
canal or feeder.
  S  61.  Section 102 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 102. Pipe lines crossing canals. No pipe line shall  be  constructed
upon or across any of the canals of this state, except by the consent of
and  in  a  manner  and  upon  the terms prescribed by the [corporation]
COMMISSIONER, unless constructed upon a fixed bridge across  such  canal
and  with the consent of the person, firm or corporation for whose bene-
fit such bridge is constructed and maintained, or  upon  such  a  bridge
over the canal, at the crossing of a public highway, or street, with the
consent of the public officers having the supervision thereof, or of the
municipal  authorities  of  any village or city within whose limits such
bridge may be, nor shall the pipes  of  any  such  corporation  be  laid
through,  on  or  along  the  banks  of any of the canals of this state,
unless such pipes shall be encased so as to  prevent  leakage,  in  such
manner as shall be approved by the [corporation] COMMISSIONER.
  S  62.  Subdivision  1  of section 103 of the canal law, as amended by
chapter 335 of the laws of 2001, is amended to read as follows:
  1. The [corporation] COMMISSIONER shall have the power to impose tolls
for the passage through locks and lift  bridges  by  vessels  which  are
propelled  in  whole or in part by mechanical power, and to collect such
tolls by the sale of lock and lift bridge passes issued for such periods
of time as the [corporation] COMMISSIONER  shall  determine.  Tolls  for
such  lock  and lift bridge passes shall be established by regulation of
the [corporation] COMMISSIONER with the advice of the canal  recreation-
way  commission  and  following  no  fewer  than  two public hearings at
geographically dispersed locations on the canal system. In addition, the
[corporation] COMMISSIONER may provide by regulation  for  the  sale  of
lock  and lift bridge passes by any other entity, and may allow a charge
for handling by such other entities not to exceed one  dollar  for  each
pass.  No  tolls shall be imposed or collected prior to the first day of
April, nineteen  hundred  ninety-three.  Vessels  owned  by  the  United

S. 341                             34

States, a state, or subdivision thereof shall be exempted from the tolls
authorized by this section.
  S  63.  Section 104 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 104. Use of dry docks for repairs.  The  [corporation]  COMMISSIONER
may  grant  permission to owners of vessels operating upon the canals to
use the state dry docks to the extent space  is  not  required  for  the
needs  of  canal maintenance vessels, and the [corporation] COMMISSIONER
shall collect from such owners equitable charges for  the  use  thereof.
All sums collected for such use shall be paid into the canal fund.
  S  64.  Section 112 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 112. Exemption of canal  officers  from  arrest  in  civil  actions.
Neither  the [corporation] COMMISSIONER, THE DEPARTMENT, nor any officer
or responsible employee in the [corporation]  DEPARTMENT  in  charge  of
canal  structures  or  forces  thereof, or other public officer employed
upon or in charge of the canal system or part thereof shall be liable to
arrest or to be held to bail in any civil action for  any  act  done  or
omitted  to be done by it in the exercise of its official duties, nor be
subject to military duty while  actually  engaged  in  their  respective
employments upon the canal system while the same is navigable.
  S  65.  Section 113 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 113. Delivery of property on discharge of  employees.  Every  person
employed  upon  the canal system and occupying any house, office, build-
ing, or land belonging thereto,  who  is  discharged  from  his  OR  HER
employment  or  otherwise separated from the service, and the spouse and
family of every such person, shall deliver  to  the  [corporation  or  a
person  designated  by  it]  COMMISSIONER  OR  HIS  OR HER DESIGNEE, the
possession of the premises so occupied and of all books, papers, matters
or other articles and things belonging to the canal system  acquired  by
virtue  of such employment, within seven days after notice is served for
that purpose by the [corporation] COMMISSIONER. In case of a refusal  or
neglect  to  make  such delivery, any court of competent jurisdiction in
the county where such premises are situate, may, on application, issue a
warrant ordering any peace officer, when acting pursuant to his  OR  HER
special duties, or police officer, with such assistance as may be neces-
sary, to enter, in the daytime, upon the premises so occupied and remove
therefrom  all persons found in possession thereof, and to take into his
OR HER custody all  books,  papers,  articles  and  things  there  found
belonging  to the canal system, and deliver the same to the [corporation
or to some person designated by it] COMMISSIONER OR HIS OR HER DESIGNEE,
and such officer shall execute such warrant accordingly.
  S 66. Section 114 of the canal law, as amended by chapter 335  of  the
laws of 2001, is amended to read as follows:
  S  114. Functions, powers or duties imposed upon officers or employees
by statutory name. Whenever a function, power or duty  is  imposed  upon
the  [corporation] COMMISSIONER OR DEPARTMENT, and an officer or employ-
ee, or a group or class thereof is designated in this chapter by a stat-
utory or specific title or name to exercise such function  or  power  or
perform  such  duty, the exercise or performance thereof shall be deemed
to be imposed upon the officer or employee in such [corporation] DEPART-
MENT who shall be assigned thereto  by  such  [corporation]  DEPARTMENT,
with  the  same  force and effect, and such [corporation] DEPARTMENT may
make such assignment as though no statutory or specific  title  or  name
had  been  used  in  this chapter to designate the particular officer or

S. 341                             35

employee or group or class thereof charged with  the  exercise  of  such
function or power, or the performance of such duty.
  S  67.  Section 120 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 120. Claims for damage generally. There shall be allowed and paid to
every person sustaining damages from the canals or  from  their  use  or
management,  or  resulting or arising from the neglect or conduct of any
officer of the state [or the  corporation]  having  charge  thereof,  or
resulting  or  arising  from  any  accident,  or  other  matter or thing
connected with the canals, the amount of such damages to be  ascertained
and  determined  by the proper action or proceedings before the court of
claims, but no judgment shall be awarded by such court for such  damages
in  any  case  unless  the  facts provided therein make out a case which
would create a legal liability against the state [or  the  corporation,]
were  the  same established in evidence in a court of justice against an
individual or corporation; but the [corporation] COMMISSIONER  may  make
settlement  of  any such claim in any case where the amount thereof does
not exceed the sum of five hundred dollars but no  settlement  shall  be
effective  against  the state [including the corporation] until the same
has been approved by the attorney-general; provided that the  provisions
of  this section shall not extend to claims arising from damages result-
ing from the  navigation  of  canals,  and  further  provided  that  the
provisions  herein  relating to damages resulting from navigation of the
canals  shall  control  notwithstanding  any  contrary  or  inconsistent
provisions  of  any  other  law,  general  or special. The [corporation]
COMMISSIONER shall not pay any damages awarded, or  the  amount  of  any
commutations  agreed  on  for the appropriation of land or water, or for
the erection of a farm bridge, until a satisfactory  abstract  of  title
and  certificate  of search as to encumbrances is furnished, showing the
person demanding such damages or commutations  to  be  legally  entitled
thereto,  which abstract and search shall be filed in the [office of the
corporation] DEPARTMENT.
  S 68. Section 121 of the canal law, as amended by chapter 335  of  the
laws of 2001, is amended to read as follows:
  S  121.  Adjustment  of claims of owners of private dams. Whenever the
state [including the corporation] in the course of the  construction  of
the  improved  canals  in  the rivers or waterways of the state, for the
purpose of obtaining a sufficient depth or supply  of  water  for  canal
purposes,  has utilized private dams theretofore lawfully constructed or
maintained, in such a manner as to constitute the same an essential part
or portion of the improved canals, the  [corporation]  COMMISSIONER  may
compromise,  settle  and  adjust the claims and demands of the owners of
any such dams on such terms and conditions, including the payment to the
owners of any such dams of such sums of money as to [it] HIM OR HER  may
seem  just  and  proper,  and,  by  contract  or  otherwise, make proper
provision with respect to the ownership of and for the  maintenance  and
upkeep  of  any  such dams, provided, however, that [it] HE OR SHE shall
not sell, transfer or convey to any  such  owner  any  right,  title  or
interest  in or to the use of any part or portion of the water impounded
by such dams.
  S 69. Section 130 of the canal law, as amended by chapter 335  of  the
laws of 2001, is amended to read as follows:
  S  130.  Operation  of  hydro-electric  plants at Crescent and Vischer
Ferry. The [corporation] COMMISSIONER shall have charge of the  hydro-e-
lectric  plants  constructed pursuant to chapter five hundred thirty-two
of the laws of nineteen  hundred  twenty-two  for  the  development  and

S. 341                             36

generation  into  electric energy of water power available at the struc-
tures known as the Crescent and Vischer Ferry dams located on the canal-
ized Mohawk river between the city of Schenectady  and  the  village  of
Waterford,  and  shall  exercise the same powers over such structures as
[it] HE OR SHE has over other structures on the canal system.  The  said
structures  shall  be  maintained  and  operated  as a part of the canal
system.
  Notwithstanding any general  or  special  law  to  the  contrary,  the
[corporation]  COMMISSIONER, upon the approval of the state comptroller,
and the division of the budget, is authorized to enter into a negotiated
contract for the sale of surplus electricity produced  at  the  Crescent
and Vischer Ferry dams, upon such terms and conditions as are beneficial
to  the state [including the corporation]. Any revenue realized from the
sale of such surplus electricity shall be deposited into the canal fund.
  S 70. Section 131 of the canal law, as amended by chapter 335  of  the
laws of 2001, is amended to read as follows:
  S  131.  Emergency  repairs. When, in the opinion of the [corporation]
COMMISSIONER, an emergency  exists  endangering  the  canal  system  the
[corporation]  COMMISSIONER may seize any lands, equipment, materials or
supplies necessary to avert such damage or to restore the banks or other
property which may be threatened or have been damaged. [It] THE  COMMIS-
SIONER  may  subsequently  return  or  otherwise  dispose of such lands,
equipment, materials or supplies  so  seized  which  may  be  no  longer
required in such manner and upon such terms as in [its] HIS OR HER judg-
ment  will  be  for the best interest of the state [including the corpo-
ration]. [It] THE COMMISSIONER may enter  into  an  agreement  with  the
owner  or owners of any property seized for such emergency repairs under
this section covering the amount of damages sustained.  Such  agreement,
when approved by the attorney-general, shall become an obligation of the
[corporation]  DEPARTMENT  and  paid  from moneys available therefor. In
case no agreement is consummated, the amount of damages sustained may be
determined as provided in section one hundred twenty of this chapter.
  S 71. Section 132 of the canal law, as amended by chapter 335  of  the
laws of 2001, is amended to read as follows:
  S  132.  Investigate matters relating to the canal system; immunity of
witnesses. 1. The [corporation] COMMISSIONER may, whenever  [the  corpo-
ration] HE OR SHE shall deem it necessary, to effectively accomplish the
purposes  of  this  chapter,  investigate  any or all matters and trans-
actions connected with or relating to  the  canal  system.  The  [corpo-
ration]  COMMISSIONER shall hear and take proofs in regard to any matter
pending before [it] HIM OR HER or which [it] HE OR SHE is authorized  to
examine or investigate. [It] THE COMMISSIONER shall have power to inves-
tigate  into the official conduct of any subordinate officer or employee
and shall have the power to issue subpoenas for and require the  attend-
ance of witnesses and the production of all books and papers relating to
any  matter  under inquiry. All such subpoenas shall be issued under the
hand and seal of the [corporation] COMMISSIONER. A subpoena issued under
this section shall be regulated by the civil practice law and rules. The
testimony of witnesses in any such proceedings shall be under  oath  and
the state officer instituting the proceedings shall have power to admin-
ister  oaths.  A  witness may have counsel and his OR HER examination by
such counsel shall be reduced in writing as part of his OR  HER  deposi-
tion.
  2.  In any investigation under this article, the [corporation] COMMIS-
SIONER may confer immunity in accordance with the provisions of  section
50.20 of the criminal procedure law.

S. 341                             37

  3.  All  evidence  taken  under  this  section shall be filed with the
attorney-general. The expenses incurred in such investigation  shall  be
paid from the canal fund.
  S  72.  Section 133 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 133. Impose penalties and power to remit. The [corporation]  COMMIS-
SIONER  may, in [its] HIS OR HER discretion, remit either absolutely, or
on such conditions as [it] HE OR SHE  shall  prescribe,  any  forfeiture
incurred  by a violation of any provision of this chapter, or any of the
rules and regulations established by [it] HIM OR  HER,  on  the  written
petition  of the person liable for the forfeiture, with due proof of the
facts on which the application for the remission is founded, which peti-
tion and proof and the order thereon shall be filed and preserved in the
office of the department of audit and control.
  S 73. Section 134 of the canal law, as amended by chapter 335  of  the
laws of 2001, is amended to read as follows:
  S  134.  Actions  for penalties. All actions for penalties and forfei-
tures imposed in this chapter, or for damages, on behalf  of  the  state
[including  the  corporation,]  shall  be  prosecuted in the name of the
[corporation] COMMISSIONER OR DEPARTMENT, by the  [corporation]  DEPART-
MENT,  unless  otherwise specifically provided.   All money recovered in
such actions shall be accounted for and paid into the  canal  fund.  The
imposition  or recovery of any such penalty or forfeiture shall not be a
bar to recovery of any damages resulting to  the  [corporation]  COMMIS-
SIONER OR DEPARTMENT or any person, because of such violation.
  S  74. Paragraph a of subdivision 1 and subdivision 2 of section 138-a
of the canal law, paragraph a of subdivision 1 as amended by chapter 243
of the laws of 1993, and subdivision 2 as added by chapter  766  of  the
laws of 1992, are amended to read as follows:
  a.  the  [chairman of the authority, the] commissioner [of transporta-
tion], the commissioner of the office of parks, recreation and  historic
preservation  and  the  commissioner  of  environmental conservation, or
their representatives;
  2. The chairperson of the commission shall be  the  [chairman  of  the
authority]  COMMISSIONER.    The  members  of the commission may elect a
secretary and other necessary officers to serve for such a period as the
members shall decide.
  S 75. Section 138-b of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 138-b. Functions, powers and duties. The commission shall:
  1. Develop, maintain and periodically revise a statewide canal recrea-
tionway plan (hereinafter referred to  as  the  "plan")  for  the  canal
system.  Such  plan shall be developed in accordance with the provisions
of section one hundred thirty-eight-c  of  this  article  and  shall  be
submitted  to  the [authority] DEPARTMENT for its consideration no later
than the first day of June, nineteen hundred ninety-four.
  2. Solicit input from counties intersecting  or  bordering  the  canal
system  and  incorporate  it  to  the greatest degree practicable in the
development of the plan.  In  order  to  facilitate  such  incorporation
commission  members  representing  each  of the regional planning boards
shall request from and provide assistance to each county  it  represents
in  the preparation of a county canal plan. Multi-county canal plans may
be requested by the regional planning board  representative,  as  deemed
appropriate, in lieu of individual county canal plans. In a region where
a  regional  planning board does not exist, the commission shall solicit
county canal plans from each of the chief executive  officers  of  those

S. 341                             38

counties  outside  the  jurisdiction  of  a regional planning board. The
commission shall prescribe uniform guidelines concerning the  format  of
plans  to  be  used  by  the  regional planning board representatives to
assist  counties  in the preparation of county canal plans. The regional
planning board representative shall encourage the development of  county
canal  plans  that  reflect  participation by diverse local interests by
seeking advice, to the extent possible, from individuals  and  organiza-
tions  from  such  counties  with an interest in recreation, hunting and
fishing, the environment, canal  related  tourism  businesses,  historic
preservation  and commercial development along the canal. In order to be
considered in the formulation of the plan, county canal  plans  must  be
submitted  to the commission not later than the first day of June, nine-
teen hundred ninety-three.
  3. Ensure public comment on the plan, including at least three  public
hearings  on the plan prior to submission of the plan to the [authority]
DEPARTMENT.  The commission may also hold hearings on other  matters  it
deems appropriate.
  4. If deemed appropriate, request that studies, surveys or analyses be
performed  by  the  [corporation,  the]  departments  of transportation,
economic development and environmental conservation and/or the office of
parks, recreation and historic preservation to assist  in  the  develop-
ment,  promotion,  marketing  and/or preservation of the canal system or
the preparation of the plan. At the request  of  the  commission,  state
agencies  and public authorities shall cooperate fully and shall provide
requested information in a timely manner.
  5. Advise and assist the [corporation] DEPARTMENT in carrying out  its
duties and obligations related to the canal in the following manner:
  a.  evaluate and make recommendations for new operational, maintenance
and capital initiatives or projects to enhance the canal;
  b. establish criteria and procedures for the review by the  commission
for  consistency  with  the  canal recreationway plan of abandonments of
canal lands, canal terminals and canal terminal  lands,  and  leases  of
canal  lands,  canal terminals, and canal terminal lands proposed by the
[corporation] COMMISSIONER pursuant to article six-A  of  this  chapter;
provided,  however,  that  where local zoning laws and zoning ordinances
are in effect on lands proposed to be leased or  on  lands  adjacent  to
those  lands  proposed  to  be  leased such review shall include, to the
extent practicable, the consideration of the compatibility of such leas-
es with the requirements of such local  zoning  laws  and  zoning  ordi-
nances;  and  provided  further  that  the commission may determine that
certain categories of leases do not require review;
  c. submit to the [corporation] COMMISSIONER, the director of the budg-
et and the chairpersons of the senate finance committee and the assembly
ways and means committee, on the first day of October, nineteen  hundred
ninety-two, and on or before the first day of August in each year there-
after,  a  budget  request  for  the  operations of the commission. Such
request shall include provisions for staff services and  other  adminis-
trative  assistance as deemed necessary by the commission to perform its
functions and meet its responsibilities during the next  calendar  year.
The [corporation] DEPARTMENT shall provide staff services to the commis-
sion  and  such  other administrative assistance as may be necessary for
the commission to carry out its functions, powers and duties;
  d. submit to the [corporation] COMMISSIONER, the director of the budg-
et and the chairpersons of the senate finance committee and the assembly
ways and means committee, on the first day of October, nineteen  hundred
ninety-two, and on or before the first day of August in each year there-

S. 341                             39

after,  a budget request for the expenditure of funds available from the
canal fund, for the purposes established by section ninety-two-u of  the
state  finance law. Submissions made during the initial years shall give
funding  priority  for  expenditures  related  to the development and/or
promotion of the canal system;
  e. undertake a comprehensive study of alternative waterway  and  canal
toll  and  fee  structures,  including but not limited to, a comparative
analysis of other existing waterway and canal  systems,  the  impact  of
various  toll  and  fee  structures  on  recreational  use, tourism, and
commercial activity; and the revenue  implications  for  each  of  these
alternatives. The commission shall make recommendations to the [authori-
ty]  COMMISSIONER  by  the  first day of April, nineteen hundred ninety-
three, on appropriate tolls and fees to be charged for the  use  of  the
canal  system  and shall provide an update on the implementation of such
recommendations by the first day of April, nineteen hundred ninety-five;
and
  f. utilize information provided  by  the  [authority]  DEPARTMENT  and
other  state  agencies  and departments, pursuant to section ten of this
chapter, surveying canal lands within the Adirondack park  and  studying
current  land  uses,  to make recommendations to the authority, no later
than the first day of June, nineteen hundred ninety-four, concerning the
future use of canal lands within the Adirondack park, including but  not
limited  to  the  utilization  of  existing  properties  under revocable
permits; and the identification of any property  not  needed  for  canal
purposes  that  may  be  transferred  to the department of environmental
conservation.
  6. Establish committees as it deems appropriate on matters relating to
the commission's functions, powers and duties; such committees shall  be
chaired  by  a  commission member but may include persons not members of
the commission who provide expertise of interest specific to the  charge
of such committee.
  a.  the  commission  shall  create  a  temporary committee which shall
include the commissioner of the department of economic  development  and
the commissioner of the office of parks, recreation and historic preser-
vation or their representatives and others with appropriate expertise to
identify  opportunities for achieving the economic development potential
of the recreationway and to make recommendations for specific  implemen-
tation  of  these opportunities, including recommendations for marketing
and promotion designed to attract tourists.
  b. the commission  shall  create  a  temporary  committee,  which  may
include  appropriately accredited professionals, to assess and report to
the [authority] COMMISSIONER on  issues  associated  with  managing  the
waters  of  the  canal system, including issues relating to recreational
use, habitats and flood prone areas.
  7. Report on or before March  thirty-first  of  each  year  commencing
nineteen  hundred  ninety-four  to  the  [corporation] COMMISSIONER, the
governor, the temporary president of the senate and the speaker  of  the
assembly  on  the activities of the commission with respect to the func-
tions, powers and duties established in this section.
  S 76. Section 138-c of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 138-c. Canal recreationway plan. 1. The commission shall, in accord-
ance with the provisions of section one hundred thirty-eight-b  of  this
article,  formulate  a  statewide canal recreationway plan for the canal
system that is based upon the inventory prepared pursuant to subdivision
twenty-three of section ten of this chapter and that is consistent  with

S. 341                             40

the  land  use  concepts  contained  in  the state land acquisition plan
prepared pursuant to section 49-0207 of the  environmental  conservation
law  and in the statewide comprehensive outdoor recreation plan prepared
pursuant to section 3.15 of the parks, recreation and historic preserva-
tion law. The plan shall include, but not be limited to:
  a.  criteria  for  uses  of the canal system which will effectuate the
goal and objective of developing the canal into a recreationway system;
  b. provisions for fostering a canal system characterized  by  clusters
of development connected by stretches of undeveloped open space in areas
between  cities,  villages  and  hamlets  which will be conducive to the
preservation of waterfowl, fish and wildlife habitats;
  c.  provisions  for  the  consideration  of  environmental  resources,
including  lands  which  possess  significance  for wildlife management,
recreation or  natural  resource  protection  purposes  and  significant
freshwater wetlands;
  d.  provisions  which  protect  the  public interest in such lands and
waters for purposes of commerce, navigation, fishing, hunting,  bathing,
recreation  and  access to the lands and waters of the state, and other-
wise encourage increased public access to the canal through  the  estab-
lishment  of  parks, scenic by ways and recreational trails on the canal
system. Such provisions shall ensure the public safety;
  e. provisions to protect agricultural uses of canal land and waters;
  f. provisions for appropriate development of businesses in appropriate
locations which will support outdoor recreation activities;
  g. provisions which give guidance to the [authority]  DEPARTMENT  with
respect  to  managing water levels in reservoirs to provide water to the
canal system and retain water for recreational purposes;
  h. provisions to protect commercial shipping interests  on  the  canal
system; and
  i.  provisions  for the consideration of historic buildings, sites and
districts.
  2. The plan shall establish  goals  and  objectives  with  respect  to
implementation,  with  provision  for  amendment  of the plan to reflect
changing conditions.
  3. a. The [corporation] COMMISSIONER shall act upon the plan submitted
by the commission within four months  after  its  submission  and  shall
approve such plan unless [it] HE OR SHE finds that the plan, or any part
thereof:  (i)  is  not financially or operationally feasible; (ii) would
violate any federal or state law, rule  or  regulation;  (iii)  violates
agreements  with  noteholders  or  bondholders  [of the authority]; (iv)
interferes with existing contracts; or  (v)  is  inconsistent  with  the
findings of the generic environmental impact statement undertaken pursu-
ant to section three hundred eighty-two of the public authorities law.
  b.  In  the  event  that the [corporation] COMMISSIONER finds that the
plan cannot be approved in its entirety, [it] HE OR SHE may approve such
portions of the plan as [it] HE OR  SHE  deems  appropriate,  and  shall
recommend  changes  to the remaining portions of the plan to the commis-
sion. The commission shall then have three months in which  to  consider
the  recommendations  of  the  [corporation]  COMMISSIONER  and submit a
revised plan or portions thereof to the [corporation] COMMISSIONER.
  c. Upon the approval of the plan or a portion of the plan as  provided
in this section, the [corporation] COMMISSIONER shall deliver within ten
days  a  copy  of  the  plan or portion of the plan to the governor, the
temporary president of the senate and the speaker of the assembly,  with
a dated notice of such approval.

S. 341                             41

  S 77. Paragraph (i) of subdivision 1 of section 19 of the public offi-
cers  law,  as  added  by chapter 115 of the laws of 2000, is amended to
read as follows:
  (i)  For  purposes  of this section, the term "employee" shall include
directors, officers and employees of  the  thruway  authority  [and  its
subsidiary,  the canal corporation]. In those cases where the definition
of the term "employee" provided in this  paragraph  is  applicable,  the
term  "state",  as utilized in subdivisions two, three, and four of this
section, shall mean the thruway authority when the employee is a  direc-
tor,  officer, or employee of the thruway authority[, or its subsidiary,
the canal corporation, when the employee  is  a  director,  officer,  or
employee of the canal corporation].
  S  78.  The  opening  paragraph  of subdivision 1 and subdivision 2 of
section 209-a of the state finance law, as amended by chapter 138 of the
laws of 1997, are amended to read as follows:
  Notwithstanding any other law, rule or  regulation  to  the  contrary,
where,  and  to  the extent that, an agreement between the state [or the
New York state canal corporation] and an employee  organization  entered
into  pursuant to article fourteen of the civil service law on behalf of
employees in a collective negotiating unit established pursuant to arti-
cle fourteen of the civil service law provides  for  the  payment  of  a
supplement  to the workers' compensation award, such supplement shall be
paid in accordance with such agreement. Officers and  employees  serving
in  positions in the executive branch which are designated managerial or
confidential pursuant to article fourteen  of  the  civil  service  law,
civilian  state  employees of the division of military and naval affairs
of the executive department whose positions are not in, or are  excluded
from  representation  rights  in any recognized or certified negotiating
unit, those excluded from representation rights under  article  fourteen
of the civil service law pursuant to rules and regulations of the public
employment relations board and officers and employees of the legislature
shall  receive a supplement to the workers' compensation award provided,
however, that officers and employees serving in positions in the  execu-
tive  branch which are designated managerial or confidential pursuant to
article fourteen of the civil service law, civilian state  employees  of
the  division  of military and naval affairs of the executive department
whose positions are not in, or are excluded from  representation  rights
in  any recognized or certified negotiating unit and those excluded from
representation rights under article fourteen of the  civil  service  law
pursuant  to  rules  and  regulations of the public employment relations
board shall receive such supplement only  with  respect  to  an  absence
resulting  from an occupational injury or disease occurring on or before
June thirtieth, nineteen hundred ninety-two. Such  supplement  shall  be
paid  in  accordance with rules and regulations to be promulgated by the
president of the civil service commission.
  2. Notwithstanding any other law, rule or regulation to the  contrary,
where,  and  to  the extent that, an agreement between the state [or the
New York state canal corporation] and an employee  organization  entered
into  pursuant to article fourteen of the civil service law on behalf of
employees in a collective negotiating unit established pursuant to arti-
cle fourteen of the civil service law so provides, an employee placed on
an authorized leave without pay during the course of an absence  result-
ing  from  an  occupational injury or disease found to be compensable by
the workers' compensation board shall be deemed to be on the payroll  at
such  employee's  prevailing rate of annual compensation for the purpose
of retirement  credit  and  employer  contributions  to  the  retirement

S. 341                             42

system.  Officers  and  employees  serving in positions in the executive
branch which are designated managerial or confidential pursuant to arti-
cle fourteen of the civil service law, civilian state employees  of  the
division of military and naval affairs of the executive department whose
positions  are not in, or are excluded from representation rights in any
recognized or certified negotiating unit and those excluded from  repre-
sentation  rights under article fourteen of the civil service law pursu-
ant to rules and regulations of the public  employment  relations  board
who  are  placed on an authorized leave without pay during the course of
an absence resulting from an occupational injury or disease found to  be
compensable  by  the  workers'  compensation board occurring on or after
July first, nineteen hundred ninety-two, shall be deemed to  be  on  the
payroll  at such officer's or employee's prevailing rate of compensation
for the purpose of retirement credit and employer contributions  to  the
retirement  system. Any employee contribution relating to the retirement
credit provided by this subdivision  shall  be  paid  directly  by  such
employee  to the retirement system pursuant to the rules and regulations
of the comptroller. The retirement credit provided by  this  subdivision
shall  only  apply to a period of authorized leave without pay occurring
during the first twelve months of absence related to  such  occupational
injury or disease.
  S  79.  Section 30 of the navigation law, as amended by chapter 486 of
the laws of 2003, is amended to read as follows:
  S 30. Navigation,  jurisdiction  over.  The  commissioner  shall  have
jurisdiction  over  navigation on the navigable waters of the state and,
except as otherwise provided, shall enforce the provisions of this chap-
ter and the regulations established thereunder. As a guide to the inter-
pretation and application of this  article,  nothing  authorized  [here-
under] IN THIS SECTION shall be construed to convey any property rights,
either  in  real  estate  or  material,  or any exclusive privilege; nor
authorize any injury to private property or invasion of  private  rights
or  any infringement of federal, state or local laws or regulations, but
shall express the assent of the state so far as it concerns  the  public
rights  of  navigation.  Nothing  contained  in  this  section  shall be
construed to limit, impair or affect the general powers  and  duties  of
the  [canal corporation] COMMISSIONER OF TRANSPORTATION OR DEPARTMENT OF
TRANSPORTATION relating to canals as set forth in  section  ten  of  the
canal law.
  S  80.  Subdivision 2 of section 45-cc of the navigation law, as added
by chapter 486 of the laws of 2003, is amended to read as follows:
  2. Notwithstanding any other provisions of this chapter or any  incon-
sistent  local  laws,  no  vessel shall be operated on such canal system
within one hundred feet of the shore, a dock, pier, raft,  float  or  an
anchored  or  moored  vessel  at  a speed exceeding five miles per hour,
unless such vessel is being operated near such shore, dock, float, pier,
raft, or anchored vessel for the purpose of enabling a person engaged in
water skiing to take off or land, and except in those  areas  where  the
[canal  corporation]  COMMISSIONER  OF  TRANSPORTATION has established a
different speed by rule and regulation pursuant  to  the  canal  law.  A
violation  of  this  subdivision or any applicable rules and regulations
shall be a violation punishable as set forth in section  seventy-three-c
of this article.
  S 81. Article 21 of the transportation law is REPEALED.
  S  82.  Paragraph  2 of subdivision (a) of section 168 of the economic
development law, as amended by chapter  33  of  the  laws  of  2006,  is
amended to read as follows:

S. 341                             43

  (2)  the  chairman  or his or her designated representative of the New
York state thruway authority, the New  York  power  authority,  and  the
tourism  advisory  council, the New York state council on the arts, [the
canal corporation,] the  canal  recreationway  commission,  the  Olympic
regional development authority, and the Hudson River park trust;
  S  83.  Subdivision 1 of section 9-1705 of the environmental conserva-
tion law, as added by chapter 674 of the laws of  2007,  is  amended  to
read as follows:
  1.  There is hereby established the New York invasive species council.
Such council shall consist of a total of [nine] EIGHT members and  shall
include  the commissioner, the commissioners of agriculture and markets,
transportation, parks, recreation and historic preservation,  education,
the  secretary  of  state, the chairperson of the New York state thruway
authority, [the director of the New York state canal  corporation,]  and
the  chairperson  of  the  Adirondack Park agency, or a designee of such
department, agency or public authority.
  S 84. Subdivision 1 of section 73-0105 of the environmental  conserva-
tion  law,  as amended by chapter 336 of the laws of 2008, is amended to
read as follows:
  1. The task force shall consist of [fourteen] THIRTEEN members; [nine]
EIGHT of whom shall be the [director of the canal corporation,]  commis-
sioner of the department of environmental conservation, the secretary of
state,  the  commissioner  of  transportation, the director of the state
emergency management office, the commissioner of parks,  recreation  and
historic  preservation, the commissioner of agriculture and markets, the
chairman of the power authority of the state of New York and the commis-
sioner of economic development or designee; and five additional  members
who  shall be from outside the public offices listed in this section and
who shall have professional experience in the fields of hydrology, civil
engineering,  climatology,  emergency  management  and  soil  and  water
conservation.  The  governor  shall appoint three of the five additional
members and the temporary president of the senate  and  speaker  of  the
assembly shall each appoint one of each of the five additional members.
  S  85. Subdivision 3 of section 73-0107 of the environmental conserva-
tion law, as added by chapter 456 of the laws of  2007,  is  amended  to
read as follows:
  3.  The department and the [canal corporation] DEPARTMENT OF TRANSPOR-
TATION shall provide the task force with such facilities, assistance and
data as will enable the task force to carry out its powers  and  duties.
Additionally,  all  other  agencies of the state or subdivisions thereof
shall, at the request of the chair provide  the  task  force  with  such
facilities,  assistance, and data as will enable the task force to carry
out its powers and duties.
  S 86. Subdivision 1 of section 37.05  of  the  parks,  recreation  and
historic preservation law, as amended by chapter 64 of the laws of 2000,
is amended to read as follows:
  1.  The  Mohawk  Valley  heritage corridor commission is hereby estab-
lished to be a body corporate and politic constituting a public  benefit
corporation  and  to consist of up to seventeen voting members who shall
reside within the heritage corridor. One member each shall be  appointed
by the chief elected official from each of the counties of Albany, Sche-
nectady,  Montgomery,  Schoharie, Herkimer, Fulton, Saratoga and Oneida.
The legislative body of each city, town and village in such counties may
recommend prospective appointees to its respective county.  The  Capital
District  Regional  Planning Commission and the Oneida/Herkimer Counties
Comprehensive Planning Program each may designate  a  representative  to

S. 341                             44

participate  as non-voting members of the commission. The remaining nine
members shall be appointed as follows: two members shall be appointed by
the temporary president of the senate; two members shall be appointed by
the speaker of the assembly; one member shall be appointed by the minor-
ity  leader of the senate; one member shall be appointed by the minority
leader of the assembly; three members shall be appointed by  the  gover-
nor, at least one of whom shall be the chief elected official of a city,
town  or  village  located  in whole or in part within the Mohawk Valley
area. The commission may increase the number of its members by  one,  to
reach  a  total  of eighteen members, to provide for representation of a
Native American Indian nation with federal and/or state  legal  recogni-
tion  who  resides  in  the  Mohawk  Valley. All persons responsible for
appointing members of the commission shall be mindful of the  importance
of  assuring  adequate representation on the commission of the interests
of various municipal entities,  conservationists,  business  owners  and
operators,  tourism  promotion agencies, persons engaged in agricultural
pursuits, minorities and educators, and persons having an  interest  and
experience  with at least one of the four heritage area goals of preser-
vation, recreation, education, and economic development.    The  commis-
sioner,  the  commissioner  of economic development, the commissioner of
agriculture and markets, the commissioner of environmental conservation,
THE COMMISSIONER OF TRANSPORTATION, the chairman of the New  York  state
thruway  authority  [and canal corporation] and other members of the New
York state heritage areas advisory council,  or  their  representatives,
and  the mayors, supervisors or other chief elected officer of any city,
town, or village located in whole or part in the Mohawk Valley area  may
participate  in  commission  meetings  as  non-voting  members and shall
receive notice of all commission meetings. Appointment to the commission
shall be filed with the commissioner who shall convene the first meeting
of the commission following the commissioner's approval of  the  manage-
ment plan and the filing of a majority of the appointments.
  S 87. Paragraph 1 of subdivision j of section 41 of the retirement and
social  security  law,  as amended by chapter 18 of the laws of 2012, is
amended to read as follows:
  1. In addition to any other service credit to which he or she is enti-
tled, a member who meets the requirements set forth  in  paragraphs  two
and  three  of  this  subdivision shall be granted one day of additional
service credit for each day of accumulated unused sick leave which he or
she has at time of retirement for service, but such credit shall not (a)
exceed one hundred sixty-five days, (b) be  considered  in  meeting  any
service  or  age  requirements  prescribed  in  this chapter, and (c) be
considered in computing final average salary. However, for an  executive
branch  member designated managerial or confidential pursuant to article
fourteen of the civil service law or in the collective negotiating units
established by article fourteen of the civil service law designated  the
professional,  scientific  and  technical  services unit, the rent regu-
lation services negotiating  unit,  the  security  services  negotiating
unit,  the  security  supervisors negotiating unit, the state university
professional services  negotiating  unit,  the  administrative  services
negotiating unit, the institutional services negotiating unit, the oper-
ational services negotiating unit and the division of military and naval
affairs  negotiating  unit  such  service  credit limitation provided in
subparagraph (a) of this paragraph shall not exceed  two  hundred  days.
For a nonjudicial officer or employee of the unified court system not in
a collective negotiating unit or in a collective negotiating unit speci-
fied  in  section  one  of  chapter two hundred three of the laws of two

S. 341                             45

thousand four, for employees of the New York state dormitory  authority,
for  employees  of  the  New York state thruway authority, [the New York
state canal corporation] and the state university construction fund  and
for  employees  of  the  New York liquidation bureau such service credit
limitation provided in subparagraph (a)  of  this  paragraph  shall  not
exceed  two  hundred  days.  For  members  who first become members of a
public retirement system of the state on or after April first, two thou-
sand twelve, such credit shall not exceed one hundred days.
  S 88. Subdivisions 10 and 12 of section 351 of the public  authorities
law,  subdivision  10  as  added  by chapter 766 of the laws of 1992 and
subdivision 12 as amended by chapter  583  of  the  laws  of  1993,  are
amended to read as follows:
  10.  The  term  "New  York  state  canal system" shall mean all of the
canals, canal lands, feeder canals, reservoirs, canal  terminals,  canal
terminal lands and other property under the jurisdiction of the [author-
ity] DEPARTMENT OF TRANSPORTATION pursuant to article one-A of the canal
law.
  12. The term "thruway system" shall mean: (a) the thruway; AND (b) the
[New York state canal system; and (c) the] Tappan Zee ferry service.
  S  89.  Subdivision 13 of section 351 of the public authorities law is
REPEALED.
  S 90. Subdivision 10 of section 354 of the public authorities law,  as
amended  by  chapter  766  of  the  laws  of 1992, is amended to read as
follows:
  10. To construct, reconstruct or  improve  on  or  along  the  thruway
system  in  the  manner  herein  provided,  suitable  facilities for gas
stations, restaurants, and other facilities for the public, or to  lease
the  right to construct, reconstruct or improve and operate such facili-
ties; such facilities shall be publicly offered for leasing  for  opera-
tion, or the right to construct, reconstruct or improve and operate such
facilities  shall  be publicly offered under rules and regulations to be
established by the authority, provided, however, that lessees  operating
such  facilities at the time this act becomes effective, may reconstruct
or improve them or may construct  additional  like  facilities,  in  the
manner  and upon such terms and conditions as the board shall determine;
and provided further, however, that such facilities constructed,  recon-
structed  or  improved  on or along the canal system shall be consistent
with the canal recreationway  plan  approved  pursuant  to  section  one
hundred  thirty-eight-c  of  the  canal  law  [and section three hundred
eighty-two of this title];
  S 91. Section 355 of the public authorities law, as amended by chapter
138 of the laws of 1997, is amended to read as follows:
  S 355. Officers and employees; transfer, promotion and  seniority.  1.
Officers  and  employees  of  state  departments[,] OR agencies[, or the
canal corporation] may be transferred to  the  authority  and  officers,
agents  and  employees  of  the  authority  may  be transferred to state
departments[,] OR agencies[, or the canal corporation,] without examina-
tion and without loss of any civil service status  or  rights.  No  such
transfer  from the authority [or canal corporation] to any state depart-
ment, agency, or division may, however, be made except with the approval
of the head of the state department, agency, or  division  involved  and
the  director  of  the budget and in compliance with the rules and regu-
lations of the state civil service commission.
  2. Promotions from positions in  state  departments  and  agencies  to
positions  in  the authority [or canal corporation], and vice versa, may
be made from interdepartmental promotion lists resulting from  promotion

S. 341                             46

examinations  in  which  employees  of  the authority[, employees of the
canal corporation,] and employees of the state are eligible  to  partic-
ipate.
  3. In computing seniority for purposes of promotion or for purposes of
suspension or demotion upon the abolition of positions in the service of
the authority or in the service of the state, in the case of an employee
of  the  authority  a  period  of prior employment in the service of the
state shall be counted in the same  manner  as  though  such  period  of
employment  had been in the service of the authority, and in the case of
an employee of the state a period of prior employment in the service  of
the  authority shall be counted in the same manner as though such period
of employment had been in the service of the state. For the purposes  of
the  establishment  and  certification  of  preferred  lists,  employees
suspended from the authority shall be eligible for reinstatement in  the
service  of  the  state, and employees suspended from the service of the
state shall be eligible for reinstatement in the service of the authori-
ty, in the same manner as though the authority were a department of  the
state.  [All provisions contained within this subdivision shall apply to
the canal corporation in the same manner that they apply to the authori-
ty.]
  S 92. Section 357 of the public authorities law, as amended by chapter
766 of the laws of 1992, is amended to read as follows:
  S  357. Right of authority to use state property; payment for improve-
ments.  On  assuming  jurisdiction  of  a  thruway  highway  section  or
connection  or  any part thereof, or of a highway connection, [or of the
New York state canal system,] the authority  shall  have  the  right  to
possess  and  use  for  its  corporate purposes so long as its corporate
existence shall continue, any real property and rights in real  property
theretofore  acquired  by  the state, including all improvements thereon
[and state canal lands and properties; provided  that  the  use  by  the
authority  of  canal lands and properties for highway purposes shall not
interfere with the use thereof for canal purposes].
  S 93. Subdivision 1 of section 359 of the public authorities  law,  as
amended  by  chapter  766  of  the  laws  of 1992, is amended to read as
follows:
  1. On assuming jurisdiction of a thruway section or connection or  any
part  thereof,  or  of  a  highway connection, [or of the New York state
canal system,] the authority shall proceed with the construction, recon-
struction or improvement thereof. All such work shall be  done  pursuant
to  a contract or contracts which shall be let to the lowest responsible
bidder, by sealed proposals publicly opened, after public  advertisement
and  upon  such  terms  and  conditions  as the authority shall require;
provided, however, that the authority may reject any and  all  proposals
and may advertise for new proposals, as herein provided, if in its opin-
ion,  the  best  interests  of  the  authority will thereby be promoted;
provided further, however, that at the request of the authority, all  or
any  portion of such work, together with any engineering required by the
authority in connection therewith, shall be performed by the commission-
er and his OR HER subordinates in the department  of  transportation  as
agents for, and at the expense of, the authority.
  S 94. Section 359-a of the public authorities law, as added by chapter
140 of the laws of 2002, is amended to read as follows:
  S  359-a.  Procurement  contracts. For the purposes of section twenty-
eight hundred seventy-nine of this chapter as applied to  the  authority
[or  the  canal corporation], the term "procurement contract" shall mean
any written agreement for the acquisition of goods or  services  of  any

S. 341                             47

kind  by the authority [or the canal corporation] in the actual or esti-
mated amount of fifteen thousand dollars or more.
  S 95. Section 360 of the public authorities law, as amended by chapter
766 of the laws of 1992, is amended to read as follows;
  S  360.  Operation  and  maintenance. Operation and maintenance by the
authority of any thruway section or connection or any part thereof or of
a highway connection[, the New York state canal system] of which it  has
assumed  jurisdiction  shall  be  performed  (a) by the use of authority
forces and equipment at the expense of the authority or by agreement  at
the  expense of the state or other parties; (b) by contract with munici-
palities or independent contractors; (c) at the request of the  authori-
ty, by the commissioner and his OR HER subordinates in the department of
transportation  as  agents  for, and at the expense of the authority, or
(d) by a combination of such methods.
  S 96. Section 362 of the public authorities law, as amended by chapter
766 of the laws of 1992, is amended to read as follows:
  S 362. Assistance by state officers,  departments,  boards,  divisions
and  commissions. At the request of the authority, engineering and legal
services for such authority shall be performed by forces or officers  of
the department of transportation and the department of law respectively,
and all other state officers, departments, boards, divisions and commis-
sions  shall  render  services within their respective functions. At the
request of the authority, services in connection with the collection  of
any  charges  or  fees  for  the use of the thruway[, the New York state
canal system] or any part thereof may be performed by the department  of
motor vehicles.
  S  97.  Paragraph  (a)  of  subdivision 1 of section 365 of the public
authorities law, as amended by chapter 766  of  the  laws  of  1992,  is
amended to read as follows:
  (a)  Subject  to  the provisions of section three hundred sixty-six of
this title, the authority shall have the power and is hereby  authorized
from  time to time to issue its negotiable notes and bonds in conformity
with applicable provisions of the uniform commercial code in such  prin-
cipal  amount as, in the opinion of the authority, shall be necessary to
provide sufficient moneys for achieving the corporate purposes  thereof,
including  construction,  reconstruction  and improvement of the thruway
sections and connections, and highway connections herein described, [the
New York state canal system subject to the provisions of  section  three
hundred  eighty-three  of this title,] together with suitable facilities
and appurtenances, the payment of all indebtedness  to  the  state,  the
cost of acquisition of all real property, the expense of maintenance and
operation,  interest  on  notes  and bonds during construction and for a
reasonable period thereafter, establishment of reserves to secure  notes
or  bonds,  and  all other expenditures of the authority incident to and
necessary or convenient to carry out its corporate purposes and powers.
  S 98. Paragraph (i) of subdivision 3 of  section  365  of  the  public
authorities  law,  as  amended  by  chapter  766 of the laws of 1992, is
amended to read as follows:
  (i) the acquisition of jurisdiction over, and of property  for,  thru-
ways[,  the  New  York state canal system,] and the construction, recon-
struction, improvement, maintenance or operation thereof;
  S 99. Sections 382 and 383 of the public authorities law are REPEALED.
  S 100. Paragraph e of subdivision 6 of  section  2897  of  the  public
authorities law is REPEALED.
  S  101. Subdivisions 2 and 5 of section 92-u of the state finance law,
subdivision 2 as added by chapter 766 of the laws of 1992  and  subdivi-

S. 341                             48

sion  5  as  amended  by chapter 483 of the laws of 1996, are amended to
read as follows:
  2. Such fund shall consist of all revenues received from the operation
of  the New York state canal system as defined in section [three hundred
fifty-one of the public authorities law and section] two  of  the  canal
law,  including payments on leases for use of canal lands, terminals and
terminal lands,  tolls  received  for  lock  and  lift  bridge  passage,
payments  for  hydroelectric  easements and sales, for purchase of other
abandoned canal lands, payments for any permits and leases  for  use  of
the  water and lands of the system and payments for use of dry docks and
other moneys made available to the fund from  any  other  source  [other
than a grant, loan or other inter-corporate transfer of funds of the New
York  state thruway authority], and any income earned by, or incremental
to, the fund due to investment thereof, or any repayment of  any  moneys
advanced by the fund.
  5.  Moneys  of  the  fund, following appropriation by the legislature,
shall be available to the [New York state thruway authority]  DEPARTMENT
OF TRANSPORTATION and shall be expended by such [authority or subsidiary
corporation  thereof] DEPARTMENT only for the maintenance, construction,
reconstruction, development or promotion of the canal system;  provided,
however,  that  in the initial years, expenditures of moneys of the fund
for the development and/or  promotion  of  the  canal  system  shall  be
accorded a priority by the [authority or subsidiary corporation thereof]
DEPARTMENT.    In  addition,  moneys  of  the  fund  may be used for the
purposes of interpretive signage and promotion for  appropriate  histor-
ically  significant Erie canal lands and related sites.  Moneys shall be
paid out of the fund by the state comptroller on certificates issued  by
the director of the budget.
  S  102. Subdivision 1 of section 373 of the public authorities law, as
amended by chapter 776 of the laws  of  1951,  is  amended  to  read  as
follows:
  1.  The  state  does  pledge  to  and agree with the holders of notes,
bonds, or other obligations of the authority not guaranteed by the state
that the state will not limit or alter the rights hereby vested  in  the
authority to establish and collect such fees, rentals and charges as may
be  convenient  or  necessary  to produce sufficient revenue to meet the
expense of maintenance and operation and to fulfill  the  terms  of  any
agreements  made  with  the  holders  thereof,  or in any way impair the
rights and remedies of such holders until such notes, bonds,  and  other
obligations,  together  with  the interest thereon, with interest on any
unpaid  installments  of  interest,  and  all  costs  and  expenses   in
connection  with any action or proceedings by or on behalf of such hold-
ers, are fully met and discharged; PROVIDED, HOWEVER, THAT IF ANY  TOLL,
FEE,  CHARGE OR ANY COMBINATION THEREOF IMPOSED ON A VEHICLE FOR THE USE
OF THE THRUWAY, EXCLUDING ANY TOLLS, FEES, OR CHARGES FOR THE USE  OF  A
BRIDGE  OR  SET OF BRIDGES, EXCEEDS THE TOLL, FEE, CHARGE OR COMBINATION
THEREOF THAT SUCH VEHICLE WOULD HAVE BEEN SUBJECT TO ON THE FIRST DAY OF
JANUARY, TWO THOUSAND TWELVE DIVIDED  BY  THE  NATIONAL  CONSUMER  PRICE
INDEX  DETERMINED  BY THE UNITED STATES DEPARTMENT OF LABOR FOR JANUARY,
TWO THOUSAND TWELVE AND MULTIPLIED BY THE NATIONAL CONSUMER PRICE  INDEX
DETERMINED  BY THE UNITED STATES DEPARTMENT OF LABOR FOR THE MOST RECENT
MONTH PUBLISHED, THEN THE ENTIRE AMOUNT THAT THE TOLL,  FEE,  CHARGE  OR
COMBINATION  THEREOF EXCEEDS THE AMOUNT THAT THE VEHICLE WOULD HAVE BEEN
SUBJECT TO ON THE FIRST DAY OF JANUARY, TWO THOUSAND  THIRTEEN  MUST  BE
PLACED  IN  A  SEPARATE FUND IN ACCORDANCE WITH SUCH REQUIREMENTS AS THE
STATE COMPTROLLER MAY PRESCRIBE.  THE AUTHORITY SHALL USE SUCH FUNDS AND

S. 341                             49

ANY INTEREST EARNED THEREON TO PAY INSTALLMENTS ON NOTES, BONDS OR OTHER
OBLIGATIONS DUE BEFORE THE END  OF  THE  CURRENT  CALENDAR  YEAR  OR  TO
PURCHASE  NOTES,  BONDS  OR OTHER OBLIGATIONS OF THE AUTHORITY ISSUED AT
LEAST TWO YEARS PRIOR AND NOT GUARANTEED BY THE STATE, WHICH SHALL THER-
EUPON  BE  CANCELLED, AT A PRICE NOT EXCEEDING (A) IF THE NOTES OR BONDS
ARE THEN REDEEMABLE, THE REDEMPTION PRICE THEN APPLICABLE  PLUS  ACCRUED
INTEREST  TO THE NEXT INTEREST PAYMENT DATE THEREON, OR (B) IF THE NOTES
OR BONDS ARE NOT THEN REDEEMABLE, THE REDEMPTION PRICE APPLICABLE ON THE
FIRST DATE AFTER SUCH PURCHASE UPON WHICH  THE  NOTES  OR  BONDS  BECOME
SUBJECT  TO REDEMPTION PLUS ACCRUED INTEREST TO SAID DATE. THE AUTHORITY
SHALL MAKE A GOOD FAITH EFFORT TO EXHAUST SUCH FUND BY THE LAST  DAY  OF
DECEMBER EACH YEAR.
  S 103. (a) Notwithstanding any other provision of law to the contrary,
all  employees  of  the New York state canal corporation, as constituted
pursuant to chapter 766 of the laws of 1992, as a subsidiary of the  New
York  state  thruway  authority, and such other employees of the thruway
authority as may be mutually agreed to by the chairman of the  authority
and  the  commissioner  of  transportation  shall  be transferred to the
department of transportation. Employees so transferred shall  be  trans-
ferred  without  further  examination  or qualification and shall retain
their respective civil service classification status. In  addition,  the
New  York state canal corporation as constituted pursuant to chapter 766
of the laws of 1992 as a  subsidiary  of  the  New  York  state  thruway
authority  shall, for a period of two years following the effective date
of this act, be considered the former agency of  such  employees  trans-
ferred  pursuant  to  this  section for the purposes of subdivision 8 of
section 73 of the public officers law.
  (b) Any such employee who at the time of such transfer shall have been
in a negotiating unit represented by an employee organization which  was
certified or recognized pursuant to article 14 of the civil service law,
and  whose  job  function  or duties have remained essentially the same,
shall continue to be represented by said  employee  organization,  in  a
bargaining  unit  within  the  department of transportation.   Successor
employees to the positions held by such  transferred  employees  in  the
department  of  transportation  shall, consistent with the provisions of
article 14 of the civil service law, be included in  the  same  unit  as
their  predecessors.    Nothing  in  this  section shall be construed to
affect (i) the rights of employees  pursuant  to  an  existing  or  most
recently  expired  collective bargaining agreement, or (ii) existing law
with respect to an application by the public employment relations  board
seeking  designation by the board that certain persons are managerial or
confidential. Nothing in this section shall preclude changes in  negoti-
ating  units of such employees consistent with the provisions of article
14 of the civil service law.
  S 104. Severability. If any clause, sentence,  paragraph,  section  or
part  of  this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in  its  operation  to  the
clause,  sentence,  paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been  rendered.  In
addition, this act, being necessary for the welfare of the state and its
inhabitants,  shall  be  liberally  construed  so  as  to effectuate its
purposes.
  S 105. This act shall take effect immediately; provided, however, that
the amendments made to sections 73-0105 and 73-0107 of the environmental
conservation law by sections eighty-four and  eighty-five  of  this  act

S. 341                             50

shall not affect the repeal of such sections as provided in section 3 of
chapter  456  of  the  laws  of  2007,  as  amended, and shall be deemed
repealed therewith; provided, further, that the amendments  to  subdivi-
sion  1 of section 37.05 of the parks, recreation and historic preserva-
tion law made by section eighty-six of this act  shall  not  affect  the
repeal of such section and shall be deemed to be repealed therewith.

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