senate Bill S6504

2013-2014 Legislative Session

Adds powers and duties to the canal corporation

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2014 referred to corporations, authorities and commissions
delivered to assembly
passed senate
Jun 09, 2014 advanced to third reading
Jun 03, 2014 2nd report cal.
Jun 02, 2014 1st report cal.1080
May 06, 2014 reported and committed to finance
Jan 31, 2014 referred to transportation

Votes

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Jun 2, 2014 - Finance committee Vote

S6504
27
5
committee
27
Aye
5
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

May 6, 2014 - Transportation committee Vote

S6504
17
0
committee
17
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

S6504 - Bill Details

See Assembly Version of this Bill:
A3579
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Canal Law
Laws Affected:
Amd ยง10, Can L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A1442, A9665, S4430
2009-2010: A1066

S6504 - Bill Texts

view summary

Adds powers and duties to the canal corporation; directs the canal corporation to cause the design, preparation of plans, estimates and specifications and the supervision of the erection, construction, repair and removal of all structures referred to be performed by a licensed professional engineer; directs preparation of a flood response plan; makes related provisions.

view sponsor memo
BILL NUMBER:S6504

TITLE OF BILL: An act to amend the canal law, in relation to the gener-
al powers and duties of the canal corporation

PURPOSE OR GENERAL IDEA OF BILL:

Requires the Canal Corporation to operate the canal system in such a
manner which mitigates flooding when conditions warrant; to create a
plan to respond to flooding in the canal system; to remove debris from
canal land and waters which in its judgment are detrimental.

SUMMARY OF SPECIFIC PROVISIONS:

Amends the Canal Law to add a new section 10.3-a, 10.9-b and 10.9-c and
amends section 10.16.

JUSTIFICATION:

In late June 2006, communities, businesses, farms and families were
devastated by unprecedented flooding along the Erie Canal. The flooding
also caused millions of dollars of damage to the canal system infras-
tructure. A subsequent review found that the Canal Corporation should
take on a greater role in flooding that occurs on and along the canal
system.

While the canal system infrastructure does have some degree of flood
mitigation ability, the Corporation maintains that it does not have the
statutory authority to operate the system in a flood mitigator's manner
when conditions warrant. With increased development along the canal and
weather patterns producing more severe storms and increased rainfall, it
is appropriate that the Canal Corporation embrace a greater role in
flood management to mitigate potential damage caused by floods to life
and property along the canal. Further, Article 15.4 of New York State
Constitution recognizes flood control as a benefit derived from the
canal system. Looking forward, it is in the interest of public safety
and prudence that the Canal Corporation balances the purposes of naviga-
tion and mitigation of flooding on its system. To that end, this legis-
lation would clarify the Canal Corporation's statutory authority to
address flooding to the extent possible.

Additionally, the Canal Corporation has no formal comprehensive flood
response plans in place. A comprehensive flood response plan would
layout the Canal Corporation's actions, procedures and responsibilities
to flood events throughout the canal system. The lack of such a plan
diminishes the ability of the Corporation to respond to flooding events
such as that of the June 2006 flood. This legislation would.require a
comprehensive flood plan for the canal system.

Debris can exacerbate high water conditions, hinder the ability to oper-
ate gates on the moveable dams, can cause damage directly or indirectly
to boats and system infrastructure and potentially put lives at risk. As

such, this legislation amends Canal Law to strengthen debris management
along the canal system.

PRIOR LEGISLATIVE HISTORY:

2007-08 - A.9346 -- Corporations
2009-10 - A.1066 -- Corporations
2011-12 - S.4430/A.9665 - TRANSPORTATION/Corporations

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

Immediately.

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

                                  6504

                            I N  S E N A T E

                            January 31, 2014
                               ___________

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

AN ACT to amend the canal law, in relation to  the  general  powers  and
  duties of the canal corporation

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

  Section 1. Subdivision 16 of section 10 of the canal law,  as  amended
by  chapter  335 of the laws of 2001, is amended and three new  subdivi-
sions 3-a, 9-b and 9-c are added to read as follows:
  3-A. CAUSE THE DESIGN, PREPARATION OF PLANS, ESTIMATES AND  SPECIFICA-
TIONS  AND  THE  SUPERVISION  OF  THE ERECTION, CONSTRUCTION, REPAIR AND
REMOVAL OF ALL STRUCTURES HERETOFORE  REFERRED  TO  BE  PERFORMED  BY  A
LICENSED PROFESSIONAL ENGINEER.
  9-B.  OPERATE THE CANAL SYSTEM IN SUCH A MANNER WHICH MITIGATES FLOOD-
ING ALONG THE SYSTEM TO PROTECT TO THE EXTENT POSSIBLE LIFE AND PROPERTY
ON AND ALONG THE  CANAL  SYSTEM  WHEN  EXPECTED  AND  ACTUAL  CONDITIONS
WARRANT.
  9-C.  CAUSE A FLOOD RESPONSE PLAN TO BE CREATED TO RESPOND TO EXPECTED
AND ACTUAL FLOODING IN THE CANAL SYSTEM.
  (1) THE FLOOD RESPONSE PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) A PLAN OF ACTION FOR COMMUNICATION WITH MARINERS, COUNTY EMERGENCY
MANAGERS AND APPROPRIATE OFFICIALS, AND THE STATE  EMERGENCY  MANAGEMENT
OFFICE;
  (II) INTERNAL COMMAND AND REPORTING COORDINATION;
  (III)  CANAL INFRASTRUCTURE OPERATION, TO INCLUDE PREEMPTIVE MEASURES;
AND
  (IV) OTHER ELEMENTS AS DETERMINED BY THE CORPORATION AND  THE  DEPART-
MENT OF ENVIRONMENTAL CONSERVATION.
  (2)  SUCH  PLAN SHALL BE PREPARED IN CONSULTATION WITH THE STATE EMER-
GENCY MANAGEMENT OFFICE AND EMERGENCY MANAGERS FROM COUNTIES ADJACENT OR
INTERSECTED BY THE CANAL SYSTEM AND THE COMPLETED  PLAN  MUST  BE  FILED
WITH THE OFFICES THEREOF.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07255-01-3

S. 6504                             2

  (3) THE CORPORATION SHALL SUBMIT A COPY OF SUCH PLAN TO THE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF
THIS SUBDIVISION, AND ANNUALLY UPDATE AND SUBMIT SUCH PLAN THEREAFTER.
  16.  Cause to be removed from canal lands AND WATERS any encroachments
which in its judgment are detrimental, INCLUDING THE REMOVAL OF DEBRIS.
  S 2. This act shall take effect immediately.

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