S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7649
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                            September 11, 2023
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public authorities law and  the  executive  law,  in
   relation to establishing the Oswego river basin authority
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 8 of the  public  authorities  law  is  amended  by
 adding a new title 36 to read as follows:
                                 TITLE 36
                       OSWEGO RIVER BASIN AUTHORITY
 SECTION 2799-AAAAA. SHORT TITLE.
         2799-BBBBB. DEFINITIONS.
         2799-CCCCC. OSWEGO RIVER BASIN AUTHORITY.
         2799-DDDDD. ORGANIZATION OF THE OSWEGO RIVER BASIN AUTHORITY.
         2799-EEEEE. GENERAL DUTIES.
         2799-FFFFF. GENERAL POWERS.
         2799-GGGGG. OSWEGO RIVER BASIN ADVISORY COMMITTEE.
         2799-HHHHH. OSWEGO RIVER BASIN INTERGOVERNMENTAL COUNCIL.
         2799-IIIII. ACQUISITION OF REAL ESTATE.
         2799-JJJJJ. DISCONTINUANCE  OR RELOCATION, OR BOTH, OF HIGHWAYS,
                       ROADS AND STREETS.
         2799-KKKKK. TAXATION OF REAL ESTATE.
         2799-LLLLL. CEMETERIES.
         2799-MMMMM. PROCEDURE FOR CONSTRUCTION OF RESERVOIRS,  DAMS  AND
                       OTHER FLOOD MITIGATION STRUCTURES.
         2799-NNNNN. OPERATION  OF  RESERVOIRS, DAMS OR OTHER FLOOD MITI-
                       GATION STRUCTURES.
         2799-OOOOO. APPORTIONMENT OF COST.
         2799-PPPPP. ASSESSMENTS; HOW LEVIED AND COLLECTED.
         2799-QQQQQ. OPERATION AND MAINTENANCE CHARGES.
         2799-RRRRR. ERROR IN NAMES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13168-02-3
              

 S. 7649                             2
 
         2799-SSSSS. FINANCING.
         2799-TTTTT. REPORTS.
         2799-UUUUU. HEARINGS; HEARING OFFICERS; DETERMINATIONS.
         2799-VVVVV. TITLE  NOT  AFFECTED  IF IN PART UNCONSTITUTIONAL OR
                       INEFFECTIVE.
         2799-WWWWW. ACTIONS AGAINST THE AUTHORITY.
   § 2799-AAAAA. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE  CITED
 AS THE "OSWEGO RIVER BASIN AUTHORITY ACT".
   §  2799-BBBBB. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "REAL ESTATE" SHALL INCLUDE, WHEN USED WITHOUT WORDS OF LIMITATION,
 ALL UPLANDS, LANDS UNDER WATER, THE WATERS OF ANY LAKE, POND OR  STREAM,
 ALL  WATER  AND  RIPARIAN  RIGHTS OR PRIVILEGES, ALL WATER POWERS, WATER
 PLANTS, AND ALL DAMS, RACES, SLUICEWAYS AND MACHINERY  CONNECTED  THERE-
 WITH, AND ANY AND ALL EASEMENTS AND INCORPOREAL HEREDITAMENTS, AND EVERY
 ESTATE,  INTEREST  AND  RIGHT,  LEGAL  OR  EQUITABLE,  IN LAND OR WATER,
 INCLUDING TERMS FOR YEARS,  AND  LIENS,  LEGAL  OR  EQUITABLE,  ON  REAL
 ESTATE, AS ABOVE DEFINED, IN WAY OF JUDGMENT, MORTGAGE OR OTHERWISE, AND
 ALL REAL ESTATE AS ABOVE DEFINED ACQUIRED OR USED FOR RAILROAD, HIGHWAY,
 OR OTHER PUBLIC PURPOSES.
   2.  "RESERVOIR" MEANS A BASIN FOR IMPOUNDING WATER, FORMED OR ENLARGED
 BY A DAM, CONSTRUCTED OR MAINTAINED FOR THE PURPOSE  OF  REGULATING  THE
 FLOW OF A STREAM OR RIVER AND SHALL BE CONSTRUED TO INCLUDE THE DAMS AND
 DIKES  OR  OTHER  STRUCTURES  BY MEANS OF WHICH THE WATER IS OR IS TO BE
 IMPOUNDED,  THE  GATE  HOUSES,  INCLUDING  CONTROLLING  GATES,  SLUICES,
 SCREENS,  RACKS  AND OTHER ACCESSORIES THERETO; SPILLWAYS, FISHWAYS, LOG
 OR ICE CHUTES, OR BARRIERS AND ALL ACCESSORIES THERETO; ALL  BRIDGES  OR
 ROADWAYS  OVER  OR  APPURTENANT  TO THE DAMS AND DIKES; ALL OTHER STRUC-
 TURES, DEVICES, OR APPLIANCES CONNECTED WITH OR APPURTENANT  TO  ANY  OF
 THE  STRUCTURES HEREINBEFORE ENUMERATED, IN SUCH MANNER THAT THEY CANNOT
 BE REMOVED WITHOUT INJURY TO SUCH STRUCTURES OR  WITHOUT  IMPAIRING  THE
 USEFULNESS  THEREOF  FOR  THE  PURPOSES FOR WHICH THEY ARE INTENDED; THE
 LANDS UNDER THE WATER IMPOUNDED, OR TO BE IMPOUNDED, BY THE DAM OR DAMS,
 AND SUCH LANDS SURROUNDING OR ADJACENT TO THE DAM, OR THE WATER IMPOUND-
 ED OR TO BE IMPOUNDED THEREBY, AND SUCH OTHER  REAL  ESTATE  AND  APPLI-
 ANCES, INCLUDING ROADWAYS AND TELEPHONE LINES, AS SHALL BE NECESSARY FOR
 THE  PURPOSES OF THE CONSTRUCTION, MAINTENANCE, OR OPERATION OF A RESER-
 VOIR, AS ABOVE DEFINED, ALSO INCLUDING SUCH LAND SURROUNDING SUCH RESER-
 VOIR AS MAY BE NECESSARY TO PRESERVE AND  PROTECT  SUCH  RESERVOIR  FROM
 UNSANITARY  CONDITIONS,  AND FROM ANY ENCROACHMENT AFFECTING ITS USE FOR
 THE PURPOSE OF REGULATING THE FLOW OF THE STREAM OR RIVER FOR THE  REGU-
 LATION  OF  WHICH  IT  MAY  BE CONSTRUCTED. SUCH TERM IS NOT INTENDED TO
 INCLUDE A RESERVOIR CREATED BY A DAM CONSTRUCTED OR MAINTAINED FOR POWER
 PURPOSES EXCEPT WHEN NECESSITY OR EMERGENCY REQUIRES THE CONTROL,  REGU-
 LATION,  ADJUSTMENT  OR  MONITORING  OF  WATER  FLOWS  OF SUCH RESERVOIR
 CREATED BY A DAM CONSTRUCTED OR MAINTAINED FOR POWER  PURPOSES  PURSUANT
 TO  SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-OOOOO OF THIS TITLE, BUT IS
 INTENDED TO INCLUDE A RESERVOIR AT OR BY REASON OF WHICH THERE  MAY  BE,
 AS  AN  INCIDENT  TO THE CONSTRUCTION, MAINTENANCE AND OPERATION OF SUCH
 RESERVOIR, THE POSSIBILITY OF THE UTILIZATION OF A PORTION OF THE  WATER
 STORED  THEREBY  FOR POWER PURPOSES, WITHOUT IN ANY WAY INTERFERING WITH
 THE PRIMARY PURPOSE OF A RESERVOIR CONSTRUCTED UNDER THE  PROVISIONS  OF
 THIS TITLE.
   3. "BENEFIT" OR "BENEFITS" SHALL BE INTERPRETED TO INCLUDE BENEFITS TO
 REAL  ESTATE,  PUBLIC  OR PRIVATE, TO MUNICIPAL WATER SUPPLY, TO NAVIGA-
 TION, TO FLOOD MITIGATION, TO FLOOD EMERGENCY RESPONSE,  TO  AGRICULTURE
 S. 7649                             3
 
 AND  TO  INDUSTRIAL AND GENERAL WELFARE BY REASON OF THE MAINTENANCE AND
 OPERATION OF A RESERVOIR,  DAM  OR  OTHER  FLOOD  MITIGATION  STRUCTURE,
 WHETHER  SUCH  BENEFIT  SHALL INURE TO A PERSON, A PUBLIC CORPORATION OR
 THE  STATE.  IN  THE  EVENT THAT ANY RESERVOIR, DAM OR OTHER FLOOD MITI-
 GATION STRUCTURE OPERATES TO RELIEVE THE  STATE  OF  ANY  OBLIGATION  BY
 REASON  OF  DIVERSION  OF THE WATER OF ANY RIVER FOR CANAL PURPOSES, THE
 STATE, TO THE EXTENT THAT THE MAINTENANCE AND OPERATION OF  SUCH  RESER-
 VOIR,  DAM  OR  OTHER  FLOOD  MITIGATION  STRUCTURE  MAY ACCOMPLISH SUCH
 RELIEF, SHALL BE DEEMED TO HAVE RECEIVED BENEFIT THEREFROM.
   4. "AUTHORITY" MEANS THE OSWEGO RIVER BASIN AUTHORITY.
   5. "PRELIMINARY EXPENSES" MEANS EXPENDITURES MADE OR INCURRED  BY  THE
 STATE  ON ACCOUNT OF THE SERVICES OR EXPENSES OF ITS OFFICERS OR EMPLOY-
 EES IN MAKING STUDIES, INVESTIGATIONS,  SURVEYS,  PLANS,  SPECIFICATIONS
 AND  ESTIMATES;  IN  NEGOTIATING,  DRAFTING,  AND  LETTING CONTRACTS; IN
 SUPERVISING AND DIRECTING THE CONSTRUCTION OF WORKS AND  STRUCTURES,  AS
 AUTHORIZED  OR  REQUIRED  BY  THIS  TITLE; AND THE EXPENSES OF PROCURING
 SEARCHES, OR ABSTRACTS OF TITLE OF REAL ESTATE FOR THE PURPOSE OF CARRY-
 ING OUT THE PROVISIONS OF THIS TITLE.
   6. "REGULATION" MEANS ONLY SUCH REGULATION AS CAN BE HAD  THROUGH  THE
 CONSTRUCTION, MAINTENANCE, OPERATION, MONITORING AND ADJUSTMENT OF WATER
 FLOWS OF A RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE, EXCEPTING
 AS OTHERWISE EXPRESSLY PROVIDED IN THIS TITLE.
   7.  "AVERAGE  FLOW"  MEANS THAT RESULT IN TERMS OF CUBIC FEET OF WATER
 PER SECOND DERIVED BY THE DIVISION OF THE TOTAL NUMBER OF CUBIC FEET  OF
 WATER  FLOWED  BY ANY STREAM OR RIVER, AT THE LOCATION THEREON WHERE THE
 MEASUREMENT IS TAKEN, IN ONE YEAR, OR FOR AN AVERAGE OF  YEARS,  BY  THE
 NUMBER OF SECONDS IN A YEAR.
   8.  "AVERAGE  NORMAL FLOW" OR "NORMAL FLOW" MEANS THAT RESULT IN TERMS
 OF CUBIC FEET OF WATER PER SECOND DERIVED BY THE DIVISION OF  THE  TOTAL
 NUMBER  OF  CUBIC  FEET  OF  WATER FLOWED BY ANY STREAM OR RIVER, AT THE
 LOCATION THEREON WHERE THE MEASUREMENT THEREOF IS TAKEN, ON  THOSE  DAYS
 IN A YEAR DURING WHICH SUCH FLOW DID NOT EXCEED THE AVERAGE FLOW, BY THE
 NUMBER OF SECONDS IN THE TOTAL NUMBER OF SUCH DAYS.
   9.  "COST OF CONSTRUCTION" SHALL INCLUDE, IN ADDITION TO THE COST OF A
 RESERVOIR, DAM OR OTHER  FLOOD  MITIGATION  STRUCTURE,  ALL  PRELIMINARY
 EXPENSES,  ALL  EXPENSES  OF  ORGANIZATION OF THE AUTHORITY, ENGINEERING
 FEES, COSTS OF SURVEYS, PLANS, ADVERTISING, SALARIES,  COMPENSATION  AND
 EXPENSES  OF  THE AUTHORITY, TOGETHER WITH ALL LEGAL AND OTHER EXPENSES,
 INCIDENTAL TO THE CONSTRUCTION OF SUCH RESERVOIR,  DAM  OR  OTHER  FLOOD
 MITIGATION STRUCTURE UP TO TIME OF THE COMPLETION THEREOF.
   10. "COST OF MAINTENANCE AND OPERATION" SHALL INCLUDE ALL EXPENSES FOR
 REPAIRS  AND UPKEEP OF A RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUC-
 TURE, ALL SUCH EXPENSES NECESSARY TO THE PROPER OPERATION OF SUCH RESER-
 VOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE FOR THE PURPOSES FOR WHICH
 IT WAS CONSTRUCTED AND ALL SUCH PART OF THE COMPENSATION AND EXPENSES OF
 THE AUTHORITY, ITS OFFICERS AND EMPLOYEES AFTER THE COMPLETION  OF  SUCH
 RESERVOIR,  DAM  OR OTHER FLOOD MITIGATION STRUCTURE AS ARE IN THE JUDG-
 MENT OF THE AUTHORITY.
   11. "HIGH FLOW LINE" MEANS THE LINE WHICH WILL BE MADE AROUND A RESER-
 VOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE,  AS  APPLICABLE,  BY  THE
 WATER THEREIN WHEN IT IS AT THE LEVEL OF THE CREST OF THE RESERVOIR, DAM
 OR OTHER FLOOD MITIGATION STRUCTURE SPILLWAY.
   12.  "LOW  FLOW LINE" MEANS THE LINE MADE BY THE WATER OF A RESERVOIR,
 DAM OR OTHER FLOOD MITIGATION STRUCTURE, IF APPLICABLE, WHEN  IT  IS  AT
 THE  LOWEST  LEVEL  WHICH, CONSISTENT WITH THE REGULATION OF THE FLOW OF
 S. 7649                             4
 
 THE RIVER AND THE MAINTENANCE  OF  SANITARY  CONDITIONS,  THE  AUTHORITY
 SHALL FIX AND DETERMINE.
   13.  "UNSANITARY  CONDITION  OR  CONDITIONS"  MEANS  SUCH CONDITION OR
 CONDITIONS WHICH ARE A MENACE TO THE PUBLIC HEALTH.
   14. "FILING" MEANS, WHENEVER IT IS REQUIRED THAT COPIES  OF  MAPS  AND
 DOCUMENTS  BE  FILED,  CERTIFIED  COPIES  THEREOF  SHALL BE FILED IN THE
 OFFICES OF THE  CLERKS  OF  EACH  COUNTY,  TOWN,  CITY  OR  INCORPORATED
 VILLAGE,  ANY  PART  OF  WHICH  WHOLLY OR PARTIALLY CONTAINED WITHIN THE
 OSWEGO RIVER BASIN, AND MADE AVAILABLE ON THE WEBSITE OF THE AUTHORITY.
   15. "RECORDED" MEANS, WHENEVER IT IS REQUIRED  THAT  ANY  DOCUMENT  BE
 RECORDED, THE AUTHORITY SHALL SEND A CERTIFIED COPY THEREOF TO THE CLERK
 OF  EACH  COUNTY,  TOWN, CITY OR INCORPORATED VILLAGE, ANY PART OF WHICH
 WHOLLY OR PARTIALLY CONTAINED WITHIN THE  OSWEGO  RIVER  BASIN,  AND  IT
 SHALL BE THE DUTY OF SUCH CLERK THEREUPON TO RECORD SUCH DOCUMENT AND TO
 COLLECT THE LEGAL FEES THEREFOR.
   16. "COSTS" MEANS, WHENEVER IT IS PRACTICABLE SO TO DO, IN THE COST OF
 ANY SURVEYS, MAPS, ESTIMATES, DETERMINATIONS OF ENHANCEMENTS, APPORTION-
 MENTS  OF  COSTS  OR  ASSESSMENTS  MADE, OR CONSTRUCTION, MAINTENANCE OR
 REPAIR WORK CARRIED OUT, THE INCLUSION OF THE COST OF  ALL  PROCEEDINGS,
 HEARINGS, NOTIFICATIONS, FILINGS, RECORDINGS, AND ENGINEERING, LEGAL AND
 OTHER  SERVICES  AND  EXPENSES WHICH MAY LAWFULLY BE INCURRED, INCLUDING
 THE COST OF ACQUISITION OF LANDS AND RIGHTS OF  WAY,  SUITS  AND  PROSE-
 CUTIONS.
   17. "ASSESSMENT" MEANS THE WHOLE OR ANY APPROPRIATE PART OF THE PROCE-
 DURE BY WHICH THE COST OF ANY PROCEEDING OR CONSTRUCTION PROJECT IS MADE
 A  LEGAL  CHARGE ON CERTAIN PROPERTIES. IT MAY INCLUDE THE DETERMINATION
 OF ENHANCEMENTS AND  APPORTIONMENT  OF  CONSTRUCTION  AND  OTHER  COSTS.
 ASSESSMENT  INCLUDES  SIMILAR  PROCEEDINGS  ONCE  SPECIFIED IN FORMER OR
 OTHER GENERAL AND SPECIAL LAWS WITH REGARD TO DRAINAGE.
   18. "NATIONAL FLOOD INSURANCE PROGRAM"  MEANS  THAT  ACT  OF  CONGRESS
 CODIFIED  AS CHAPTER FIFTY OF TITLE FORTY-TWO OF THE UNITED STATES CODE,
 ALL ACTS AMENDATORY THEREOF AND ALL REGULATIONS PROMULGATED THEREUNDER.
   19. "PROJECTS AND ACTIVITIES" MEANS ANY ACTION TAKEN BY THE  AUTHORITY
 IN THE IMPLEMENTATION OF THIS TITLE.
   20.  "OSWEGO  RIVER  BASIN" MEANS A WATERSHED IN THE STATE OF NEW YORK
 COMPRISED OF ALL RIVERS, STREAMS,  CREEKS,  LAKES,  RESERVOIRS  AND  THE
 SURROUNDING  LAND  AREAS OR OTHER DRAINAGE, INCLUDING BUT NOT LIMITED TO
 CANALS, THAT DRAINS OR FLOWS VIA THE OSWEGO RIVER INTO LAKE ONTARIO.
   21. "DISCONNECTED FLOODPLAIN" MEANS AN AREA IN A FLOODPLAIN IDENTIFIED
 BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY OR THE DEPARTMENT OF ENVIRON-
 MENTAL CONSERVATION THAT IS DISCONNECTED  FROM  RIVERS  AND  STREAMS  BY
 BERMS, ROADS, STRUCTURES, OR OTHER DEVELOPMENT FOR ANY REASON.
   22. "NORTH AMERICAN VERTICAL DATUM OF 1988" MEANS AN ELEVATION SURVEY-
 ING  SYSTEM  DEVELOPED  BY THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS-
 TRATION, OR SUCCESSOR  ELEVATION  SURVEYING  SYSTEM  DEVELOPED  BY  SUCH
 ADMINISTRATION.
   23. "CANAL CORPORATION" MEANS THE NEW YORK STATE CANAL CORPORATION.
   24.  "RESERVOIR,  DAM  OR  OTHER FLOOD MITIGATION STRUCTURE" MEANS ANY
 STRUCTURE CONSTRUCTED, OWNED, OPERATED, MAINTAINED, OR REGULATED BY  THE
 AUTHORITY USED TO MITIGATE FLOOD EVENTS OR TO REGULATE THE FLOW OF WATER
 IN  THE OSWEGO RIVER BASIN, INCLUDING BUT NOT LIMITED TO A RESERVOIR, AS
 DEFINED IN SUBDIVISION TWO OF THIS SECTION.
   25. "FOREST PRESERVE" SHALL HAVE THE SAME  MEANING  AS  SUCH  TERM  IS
 DEFINED  PURSUANT  TO  SUBDIVISION SIX OF SECTION 9-0101 OF THE ENVIRON-
 MENTAL CONSERVATION LAW.
 S. 7649                             5
 
   § 2799-CCCCC. OSWEGO RIVER BASIN AUTHORITY. FOR THE PURPOSE OF  EFFEC-
 TUATING THE GENERAL DUTIES AND POWERS ESTABLISHED BY THIS TITLE, INCLUD-
 ING  BUT  NOT LIMITED TO, FLOOD MITIGATION, WATER FLOW MANAGEMENT, WATER
 FLOW MONITORING, EMERGENCY MANAGEMENT AND FLOOD RESPONSE, AND ANY  OTHER
 DUTY  OR POWER CONTAINED IN THIS TITLE, THERE IS HEREBY CREATED A CORPO-
 RATE MUNICIPAL INSTRUMENTALITY OF THE STATE TO BE KNOWN AS  THE  "OSWEGO
 RIVER BASIN AUTHORITY", WHICH SHALL BE A BODY CORPORATE AND POLITIC, AND
 A POLITICAL SUBDIVISION OF THE STATE, EXERCISING GOVERNMENTAL AND PUBLIC
 POWERS,  PERPETUAL  IN  DURATION,  CAPABLE  OF SUING AND BEING SUED, AND
 WHICH SHALL HAVE THE GENERAL POWERS AND DUTIES  HEREINAFTER  ENUMERATED,
 TOGETHER WITH SUCH OTHERS AS MAY HEREAFTER BE CONFERRED UPON IT BY LAW.
   §  2799-DDDDD.  ORGANIZATION  OF THE OSWEGO RIVER BASIN AUTHORITY.  1.
 THE AUTHORITY SHALL CONSIST OF SEVEN TRUSTEES, WHO SHALL  SERVE  RESPEC-
 TIVELY FOR TERMS OF ONE, TWO, THREE, FOUR, FIVE, SIX AND SEVEN YEARS, TO
 BE  APPOINTED BY THE GOVERNOR, BY AND WITH THE ADVICE AND CONSENT OF THE
 SENATE. EACH TRUSTEE SHALL  HOLD  OFFICE  UNTIL  A  SUCCESSOR  HAS  BEEN
 APPOINTED  AND  QUALIFIED. AT THE EXPIRATION OF THE TERM OF EACH TRUSTEE
 AND OF EACH SUCCEEDING TRUSTEE, THE GOVERNOR  SHALL,  BY  AND  WITH  THE
 ADVICE  AND  CONSENT  OF THE SENATE, APPOINT A SUCCESSOR, WHO SHALL HOLD
 OFFICE FOR A TERM OF FIVE YEARS, OR UNTIL A SUCCESSOR HAS BEEN APPOINTED
 AND QUALIFIED. IN THE EVENT OF A VACANCY OCCURRING IN THE OFFICE OF  THE
 TRUSTEE  BY  DEATH, RESIGNATION OR OTHERWISE, THE GOVERNOR SHALL, BY AND
 WITH THE ADVICE AND CONSENT OF THE  SENATE,  APPOINT  A  SUCCESSOR,  WHO
 SHALL HOLD OFFICE FOR THE UNEXPIRED TERM. FOUR TRUSTEES SHALL CONSTITUTE
 A  QUORUM FOR THE PURPOSE OF ORGANIZING THE AUTHORITY AND CONDUCTING THE
 BUSINESS THEREOF.
   2. EACH TRUSTEE OF THE AUTHORITY, BEFORE ENTERING UPON SUCH  TRUSTEE'S
 DUTIES,  SHALL  TAKE  AND  SUBSCRIBE  THE CONSTITUTIONAL OATH OF OFFICE,
 WHICH OATH SHALL BE FILED IN THE OFFICE OF THE SECRETARY OF STATE.  UPON
 TAKING THE OATH, THE TRUSTEES SHALL CHOOSE FROM AMONG THEIR OWN NUMBER A
 CHAIR  AND VICE-CHAIR AND SHALL SELECT A TREASURER. THE CHAIR SHALL ALSO
 ACT AS CHIEF EXECUTIVE OFFICER WHOSE APPOINTMENT  SHALL  BE  SUBJECT  TO
 CONFIRMATION  BY THE SENATE.  THE TRUSTEES SHALL ADOPT BY-LAWS AND RULES
 AND REGULATIONS SUITABLE TO THE PURPOSES OF  THIS  TITLE.  THE  TRUSTEES
 SHALL  ADOPT  A  SEAL AND SHALL KEEP IN WELL-BOUND BOOKS A RECORD OF ALL
 ITS MEETINGS AND PROCEEDINGS, CERTIFICATES, CONTRACTS, SURETY BONDS, AND
 CORPORATE ACTS, WHICH SHALL BE OPEN TO THE INSPECTION  OF  THE  TRUSTEES
 THEREOF,  ALL  OWNERS  OF  REAL ESTATE IN THE OSWEGO RIVER BASIN AND THE
 PUBLIC, AND SHALL MAKE ALL SUCH INFORMATION AVAILABLE ON THE AUTHORITY'S
 WEBSITE.
   3. THE TRUSTEE CHOSEN AS CHAIR, AS PROVIDED IN SUBDIVISION TWO OF THIS
 SECTION, SHALL RECEIVE AN ANNUAL SALARY WHICH SHALL BE SET BY THE  TRUS-
 TEES  OF THE AUTHORITY, AND WHICH SHALL NOT EXCEED THE SALARY PRESCRIBED
 FOR THE POSITIONS LISTED IN PARAGRAPH (C) OF SUBDIVISION ONE OF  SECTION
 ONE  HUNDRED  SIXTY-NINE  OF THE EXECUTIVE LAW. ALL OTHER TRUSTEES SHALL
 NOT RECEIVE A SALARY OR OTHER COMPENSATION. EACH TRUSTEE  SHALL  RECEIVE
 SUCH  TRUSTEE'S REASONABLE EXPENSES IN THE PERFORMANCE OF SUCH TRUSTEE'S
 DUTIES HEREUNDER. THE TRUSTEE CHOSEN AS CHAIR  MAY  ELECT  TO  BECOME  A
 MEMBER  OF  THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON
 THE BASIS OF SUCH COMPENSATION TO WHICH SUCH CHAIR SHALL BE ENTITLED  AS
 HEREIN  PROVIDED, NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL
 OR LOCAL LAW, MUNICIPAL CHARTER, OR ORDINANCE.
   4. THE CHIEF EXECUTIVE OFFICER SHALL KEEP AND BE THE CUSTODIAN OF  THE
 RECORDS  OF  THE  AUTHORITY, AND OF ITS CORPORATE SEAL, AND SHALL ASSIST
 THE AUTHORITY IN SUCH PARTICULARS AS IT MAY DIRECT IN THE PERFORMANCE OF
 ITS DUTIES AND RESPONSIBILITIES AS ENUMERATED IN THIS TITLE.  SUCH OFFI-
 S. 7649                             6
 
 CER SHALL ATTEST UNDER THE CORPORATE SEAL OF THE AUTHORITY ALL CERTIFIED
 COPIES OF THE OFFICE RECORDS AND FILES OF  THE  AUTHORITY  THAT  MAY  BE
 REQUIRED  OF  SUCH  OFFICER  BY  THE  PROVISIONS OF THIS TITLE OR BY ANY
 PERSON  ORDERING  THE  SAME  AND  PAYING  THE  REASONABLE  COST OF TRAN-
 SCRIPTION. ANY PORTION OF THE RECORDS SO CERTIFIED  AND  ATTESTED  SHALL
 PRIMA  FACIE IMPORT VERITY. THE CHIEF EXECUTIVE OFFICER SHALL ALSO SERVE
 AS TREASURER OF THE AUTHORITY UNLESS A SEPARATE TREASURER IS SELECTED BY
 THE AUTHORITY.
   5. THE AUTHORITY MAY EMPLOY SUCH ATTORNEYS, ENGINEERS, AGENTS, ASSIST-
 ANTS AND EMPLOYEES AS MAY BE  NECESSARY,  AND  FIX  THEIR  COMPENSATION,
 INCLUDING THE COMPENSATION OF ITS TREASURER.
   6.  THE GOVERNOR MAY REMOVE A TRUSTEE OF THE AUTHORITY FOR INEFFICIEN-
 CY, NEGLECT OF DUTY OR MISCONDUCT IN OFFICE, GIVING TO  SUCH  TRUSTEE  A
 COPY  OF  THE  CHARGES  AGAINST SUCH TRUSTEE AND AN OPPORTUNITY OF BEING
 PUBLICLY HEARD IN PERSON OR BY COUNSEL IN  SUCH  TRUSTEE'S  OWN  DEFENSE
 UPON  NOT  LESS THAN TEN DAYS' NOTICE. IF SUCH TRUSTEE SHALL BE REMOVED,
 THE GOVERNOR SHALL FILE IN THE  OFFICE  OF  THE  SECRETARY  OF  STATE  A
 COMPLETE  STATEMENT  OF  ALL  CHARGES  MADE AGAINST SUCH TRUSTEE AND THE
 FINDINGS THEREON, TOGETHER WITH A COMPLETE RECORD OF THE PROCEEDINGS.
   § 2799-EEEEE. GENERAL DUTIES. 1. (A) (I) UPON ITS CREATION THE AUTHOR-
 ITY SHALL PREPARE A DRAFT OSWEGO RIVER BASIN MANAGEMENT PLAN (HEREINAFT-
 ER REFERRED TO AS THE "DRAFT BASIN MANAGEMENT PLAN") FOR THE  REGULATION
 OF THE FLOW OF WATER IN THE OSWEGO RIVER BASIN. SUCH DRAFT BASIN MANAGE-
 MENT PLAN SHALL SHOW:
   (1)  THE  EXISTING SITES OF RESERVOIRS, DAMS OR OTHER FLOOD MITIGATION
 STRUCTURES ON SUCH BASIN, WHETHER ANY  RESERVOIR,  DAM  OR  OTHER  FLOOD
 MITIGATION  STRUCTURE  NOW EXISTING CAN BE AND SHOULD BE ENLARGED AND TO
 WHAT EXTENT, AND THE APPROXIMATE NUMBER OF ACRES OF LAND FLOWED OR TO BE
 FLOWED BY EACH RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE;
   (2) AVAILABLE AND FEASIBLE SITES OF RESERVOIRS, DAMS  OR  OTHER  FLOOD
 MITIGATION  STRUCTURES ON SUCH BASIN AND THE APPROXIMATE NUMBER OF ACRES
 OF LAND TO BE FLOWED BY EACH SUCH RESERVOIR, DAM OR  OTHER  FLOOD  MITI-
 GATION STRUCTURE;
   (3)  WHETHER  ANY OF SUCH LAND IDENTIFIED BY ITEMS ONE AND TWO OF THIS
 SUBPARAGRAPH IS OWNED BY THE STATE, IF ANY,  AND  HOW  MANY  ACRES,  THE
 NUMBER  OF  ACRES  OF PRIVATE LAND REQUIRED, TOGETHER WITH THE ESTIMATED
 VALUE OF THE LAND, AND HOW MANY ACRES, IF ANY, OF SUCH LAND ARE LANDS OF
 THE STATE WITHIN THE FOREST PRESERVE.  SUCH ACREAGE SHALL  INCLUDE  SUCH
 QUANTITY  OF LAND SURROUNDING A RESERVOIR, DAM OR OTHER FLOOD MITIGATION
 STRUCTURE TO BE CREATED OR ENLARGED AS WOULD  IN  THE  JUDGMENT  OF  THE
 AUTHORITY  BE  REQUIRED FOR THE PROTECTION, MAINTENANCE AND OPERATION OF
 SUCH RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE FOR THE EFFECTU-
 ATION OF THE GENERAL DUTIES AND POWERS OF THIS TITLE;
   (4) A SYSTEM TO NOTIFY EMERGENCY FIRST RESPONDERS, INCLUDING THE DIVI-
 SION OF HOMELAND SECURITY AND EMERGENCY SERVICES, LOCAL  POLICE  DEPART-
 MENTS AND OTHER EMERGENCY FIRST RESPONDERS WHOLLY OR PARTIALLY CONTAINED
 WITHIN  THE  OSWEGO RIVER BASIN, OF HIGH FLOW AND FLOOD FLOW EVENTS, AND
 OTHER EMERGENCY EVENTS AS DETERMINED BY THE AUTHORITY;
   (5) OTHER STRATEGIES TO ADDRESS ANY OF THE GENERAL  DUTIES  ENUMERATED
 OR DETAILED IN THIS SECTION;
   (6)  A  SYSTEM  FOR  THE  PROCEDURE  FOR THE MONITORING OF WATER FLOWS
 THROUGHOUT THE WHOLE OSWEGO RIVER BASIN; AND
   (7) A MAP OF ALL DISCONNECTED FLOODPLAINS IN THE OSWEGO RIVER BASIN.
   (II) ADDITIONALLY, THE DRAFT BASIN MANAGEMENT PLAN SHALL  BE  ACCOMPA-
 NIED  BY  SUCH  MAPS, PROFILES AND OTHER DATA AND DESCRIPTIONS AS MAY BE
 NECESSARY TO SET FORTH PROPERLY THE DUTIES  DETAILED  IN  THIS  SECTION,
 S. 7649                             7
 
 INCLUDING, BUT NOT LIMITED TO THE LOCATION AND CHARACTER OF THE WORK AND
 OF  THE PROPERTY TO BE TAKEN OR DAMAGED AND BY ESTIMATES OF COST OF EACH
 SUCH RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE.   FURTHER,  THE
 DRAFT  BASIN MANAGEMENT PLAN SHALL USE THE NORTH AMERICAN VERTICAL DATUM
 OF 1988 AS A COMMON DATUM TO COMMUNICATE ALL  ELEVATIONS.  IN  THE  CASE
 THAT MAPS, PLANS AND SPECIFICATIONS FOR ANY SUCH RESERVOIR, DAM OR OTHER
 FLOOD  MITIGATION  STRUCTURE  AT OR NEAR THE SITE THEREOF ARE ON FILE IN
 ANY OTHER DEPARTMENT OF STATE GOVERNMENT OR OTHER STATE ENTITY AND WOULD
 BE AN AID IN THE PREPARATION OF SUCH DRAFT BASIN MANAGEMENT  PLAN,  SUCH
 MAPS,  PLANS  AND SPECIFICATIONS SHALL BE AVAILABLE TO THE AUTHORITY FOR
 SUCH PURPOSE.
   (B) THE DRAFT BASIN MANAGEMENT PLAN SHALL BE DEVELOPED IN CONSULTATION
 WITH THE OSWEGO RIVER BASIN ADVISORY COMMITTEE ESTABLISHED  PURSUANT  TO
 SECTION  TWENTY-SEVEN  HUNDRED NINETY-NINE-GGGGG OF THIS TITLE AND OTHER
 STAKEHOLDERS AS DETERMINED BY THE AUTHORITY.
   (C) THE AUTHORITY SHALL HOLD AT  LEAST  TWO  REGIONAL  PUBLIC  COMMENT
 HEARINGS  ON  SUCH  DRAFT BASIN MANAGEMENT PLAN AND SHALL ALLOW AT LEAST
 ONE HUNDRED TWENTY DAYS FOR THE SUBMISSION OF PUBLIC  COMMENT  PRIOR  TO
 THE APPROVAL OF SUCH PLAN.
   (D)  THE  AUTHORITY  SHALL PROVIDE MEANINGFUL OPPORTUNITIES FOR PUBLIC
 COMMENT FROM ALL SEGMENTS OF THE POPULATION THAT WILL BE IMPACTED BY THE
 DRAFT BASIN MANAGEMENT PLAN,  INCLUDING  A  COMMUNITY  ENROLLED  IN  THE
 NATIONAL FLOOD INSURANCE PROGRAM.
   (E)  UPON  THE  COMPLETION OF SUCH DRAFT BASIN MANAGEMENT PLAN, PUBLIC
 HEARINGS AND THE PUBLIC COMMENT PERIOD, THE AUTHORITY MAY  APPROVE  SUCH
 PLAN  AND  SHALL  CERTIFY SUCH PLAN BY RESOLUTION. THE AUTHORITY MAY, BY
 RESOLUTION, CHOSE TO MODIFY SUCH PLAN AND APPROVE  IT  AS  SO  MODIFIED.
 ONCE  APPROVED  BY THE AUTHORITY, SUCH PLAN SHALL BE KNOWN AS THE "OFFI-
 CIAL OSWEGO RIVER BASIN MANAGEMENT PLAN"  OR  "OFFICIAL  PLAN"  FOR  THE
 REGULATION  OF THE FLOW OF WATER IN THE OSWEGO RIVER BASIN. SUCH PLAN IN
 LIKE MANNER MAY BE ALTERED FROM TIME TO TIME, PROVIDED  SUCH  ALTERATION
 SHALL  NOT  AFFECT ANY ASSESSMENT ALREADY MADE AND SUCH ALTERATION SHALL
 ONLY OCCUR AFTER A PERIOD OF PUBLIC COMMENT AND  A  PUBLIC  HEARING.  AS
 SOON  AS  PRACTICABLE,  THE  AUTHORITY SHALL MAKE THE DRAFT OSWEGO RIVER
 BASIN MANAGEMENT PLAN AND THE OFFICIAL  OSWEGO  RIVER  BASIN  MANAGEMENT
 PLAN  AVAILABLE  TO  THE  PUBLIC FOR INSPECTION AND EXAMINATION AT EVERY
 OFFICE OF THE AUTHORITY AND ON THE AUTHORITY'S WEBSITE.   DIGITAL  FILES
 OF  SUCH  PLANS SHALL ALSO BE MADE AVAILABLE, UPON REQUEST, TO THE CLERK
 OF EACH COUNTY, CITY, TOWN OR VILLAGE IN WHICH THE OSWEGO RIVER BASIN OR
 A PORTION THEREOF IS LOCATED.
   2. THE AUTHORITY SHALL CREATE AND CONDUCT AN  EDUCATION  AND  OUTREACH
 CAMPAIGN  IN  THE  OSWEGO  RIVER  BASIN, AND IN DOING SO MAY INCORPORATE
 STRATEGIES FROM ANY COMMUNICATION PLAN DEVELOPED BY THE COMMITTEE.
   3. ANY PROJECTS OR  ACTIVITIES,  INCLUDING  THE  CONSTRUCTION  OF  ANY
 RESERVOIRS, DAMS OR OTHER FLOOD MITIGATION STRUCTURES, UNDERTAKEN BY THE
 AUTHORITY  SHALL  ENSURE FULL COMPLIANCE WITH ARTICLE EIGHT OF THE ENVI-
 RONMENTAL CONSERVATION LAW.
   § 2799-FFFFF. GENERAL POWERS. 1. THE AUTHORITY  SHALL  HAVE  POWER  TO
 PROMULGATE  RULES  AND REGULATIONS NECESSARY FOR THE EFFECTUATION OF THE
 POWERS AND DUTIES ENUMERATED IN THIS TITLE.
   2. THE AUTHORITY AND ITS AUTHORIZED AGENTS MAY ENTER UPON  ANY  LANDS,
 AS  IN  ITS JUDGMENT MAY BE NECESSARY, FOR THE PURPOSE OF MAKING SURVEYS
 AND EXAMINATIONS TO ACCOMPLISH ANY PURPOSE AUTHORIZED BY THIS TITLE, AND
 SHALL BE LIABLE ONLY FOR ACTUAL DAMAGE DONE.
   3. THE AUTHORITY SHALL HAVE AND MAY EXERCISE ALL OF THE POWERS ENUMER-
 ATED IN THIS TITLE, AND IN ADDITION THERETO ALL SUCH OTHER POWERS AS ARE
 S. 7649                             8

 NECESSARY AND PROPER TO CARRY INTO EXECUTION THE POWERS EXPRESSLY GRANT-
 ED TO IT, INCLUDING THE POWER TO:
   (A)  MAKE  SUCH  CHANNEL  IMPROVEMENTS  AS MAY BE NECESSARY TO PREVENT
 DAMAGE TO DOWNSTREAM PROPERTIES BY THE WATERS RELEASED FROM A RESERVOIR,
 DAM OR OTHER FLOOD MITIGATION STRUCTURE;
   (B) MITIGATE ANY AND ALL FLOOD EVENTS;
   (C) MANAGE AND ADJUST THE FLOW OF WATER IN THE OSWEGO RIVER BASIN;
   (D) MONITOR THE FLOW OF WATER IN THE OSWEGO RIVER BASIN; AND
   (E) COORDINATE AND  COOPERATE  WITH  EMERGENCY  MANAGEMENT  AND  FLOOD
 RESPONSE, IF NECESSARY AND APPROPRIATE.
   4.  NOTWITHSTANDING  ANY  LAW, RULE OR REGULATION TO THE CONTRARY, THE
 AUTHORITY SHALL HAVE CHARGE OF THE CONTROL, OPERATION, MAINTENANCE,  AND
 ADJUSTMENT  OF WATER LEVELS OF ALL RESERVOIRS, DAMS OR OTHER FLOOD MITI-
 GATION STRUCTURES CURRENTLY  IN  EXISTENCE,  OR  HEREAFTER  CONSTRUCTED,
 ALONG  ALL  POINTS  AND PORTIONS OF THE OSWEGO RIVER BASIN FOR THE REGU-
 LATION OF THE FLOW OF WATER IN SUCH BASIN, INCLUDING ANY RESERVOIR,  DAM
 OR  OTHER  FLOOD  MITIGATION  STRUCTURE  OWNED,  OPERATED, CONTROLLED OR
 OTHERWISE OVERSEEN BY A COUNTY, CITY, TOWN, OR VILLAGE, EXCLUDING HOWEV-
 ER:
   (A) A RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE WHICH  IS  OR
 MAY BE MAINTAINED PRIMARILY TO PROVIDE WATER FOR THE CANAL SYSTEM OF THE
 STATE,  PROVIDED  HOWEVER,  THAT  THE  AUTHORITY  MAY HAVE CHARGE OF THE
 CONTROL, OPERATION, MAINTENANCE, AND ADJUSTMENT OF SUCH  RESERVOIR  UPON
 AN  AGREEMENT  OR  CONTRACT  BETWEEN  THE AUTHORITY AND THE CANAL CORPO-
 RATION; AND
   (B) RESERVOIRS OWNED OR OPERATED BY A HOLDER OF A LICENSE ISSUED UNDER
 THE FEDERAL POWER ACT, PROVIDED HOWEVER, THAT  THE  AUTHORITY  MAY  HAVE
 CHARGE  OF  THE  CONTROL, OPERATION, MAINTENANCE, AND ADJUSTMENT OF SUCH
 RESERVOIR UPON AN AGREEMENT OR CONTRACT BETWEEN THE AUTHORITY  AND  SUCH
 HOLDER OF A LICENSE ISSUED UNDER THE FEDERAL POWER ACT.
   5. THE AUTHORITY SHALL HAVE THE RIGHT TO ESTABLISH AND MAINTAIN STREAM
 GAUGES  AND  RAIN  GAUGES, AND MAY MAKE SUCH SURVEYS AND EXAMINATIONS OF
 RAINFALL, STREAM FLOW AND FLOOD CONDITIONS, AND OF OTHER SCIENTIFIC  AND
 ENGINEERING  SUBJECTS AS MAY BE NECESSARY AND PROPER FOR THE PURPOSES OF
 THE AUTHORITY AT ANY LOCATION IN  THE  OSWEGO  RIVER  BASIN,  AND  SHALL
 PRESERVE  A  RECORD  THEREOF  AVAILABLE TO THE PUBLIC ON THE AUTHORITY'S
 WEBSITE. DIGITAL FILES OF SUCH STREAM GAUGES AND RAIN GAUGES SHALL  ALSO
 BE MADE AVAILABLE, UPON REQUEST, TO THE CLERK OF EACH COUNTY, CITY, TOWN
 OR  VILLAGE  IN  WHICH  THE  OSWEGO  RIVER BASIN OR A PORTION THEREOF IS
 LOCATED.
   6. THE AUTHORITY, SUBJECT TO THE LIMITATIONS OF THIS TITLE, SHALL HAVE
 A DOMINANT RIGHT OF EMINENT DOMAIN OVER ANY RIGHT OF EMINENT  DOMAIN  OF
 PUBLIC CORPORATIONS. IN EXERCISE OF SUCH RIGHT, THE AUTHORITY SHALL TAKE
 DUE  CARE TO ENSURE NO UNNECESSARY DAMAGE TO OTHER PUBLIC UTILITIES, AND
 IN THE CASE OF FAILURE TO AGREE UPON THE MODE AND TERMS OF INTERFERENCE,
 THE AUTHORITY SHALL TAKE DUE CARE NOT TO INTERFERE  WITH  ANY  OPERATION
 AND  USEFULNESS BEYOND THE ACTUAL NECESSITIES OF THE CASE, AND SHALL PAY
 DUE REGARD TO OTHER PUBLIC INTERESTS INVOLVED.
   7. THE AUTHORITY SHALL HAVE POWER TO CONSENT TO THE TRANSFER OF JURIS-
 DICTION OVER LANDS UNDER ITS JURISDICTION TO ANY STATE DEPARTMENT  OR  A
 BUREAU,  DIVISION  OR  AGENCY THEREOF, OR TO ANY STATE AGENCY, UPON SUCH
 TERMS AND CONDITIONS AND UNDER SUCH REGULATIONS AND RESTRICTIONS AS SUCH
 AUTHORITY SHALL DEEM JUST AND PROPER, PROVIDED, HOWEVER, THAT THE USE OF
 SUCH LANDS SHALL NOT INTERFERE WITH THE PURPOSES  FOR  WHICH  THEY  WERE
 ACQUIRED.
 S. 7649                             9

   8.  THE AUTHORITY SHALL HAVE THE POWER TO COORDINATE WITH THE ONONDAGA
 COUNTY WATER AUTHORITY AS ESTABLISHED BY TITLE SEVEN OF ARTICLE FIVE  OF
 THIS  CHAPTER.  FURTHER,  THE AUTHORITY SHALL IMMEDIATELY, UPON MAKING A
 REQUEST TO THE ONONDAGA COUNTY WATER AUTHORITY, ASSUME  ALL  DUTIES  AND
 POWERS  OF  THE ONONDAGA COUNTY WATER AUTHORITY RELATED TO THE EFFECTUA-
 TION OF THE GENERAL DUTIES AND POWERS ENUMERATED IN THIS TITLE IN  ORDER
 TO  MITIGATE  FLOOD  EVENTS IN THE OSWEGO RIVER BASIN, INCLUDING BUT NOT
 LIMITED TO THE CONTROL, OPERATION, MAINTENANCE, AND ADJUSTMENT OF  WATER
 LEVELS  OF  ALL  RESERVOIRS,  DAMS  OR OTHER FLOOD MITIGATION STRUCTURES
 OWNED OR OPERATED BY THE ONONDAGA COUNTY WATER AUTHORITY.  THE  ONONDAGA
 COUNTY  WATER  AUTHORITY SHALL REGAIN ALL POWERS AND DUTIES CEDED TO THE
 AUTHORITY AT THE END OF A FLOOD EVENT, AS DETERMINED BY  THE  AUTHORITY,
 OR UPON THE RELINQUISHMENT BY THE AUTHORITY.
   9.  THE AUTHORITY SHALL HAVE THE POWER TO COORDINATE WITH AN AUTHORITY
 ESTABLISHED PURSUANT TO TITLE EIGHT-A OF ARTICLE FIVE OF  THIS  CHAPTER.
 FURTHER,  THE  AUTHORITY SHALL IMMEDIATELY, UPON MAKING A REQUEST TO ANY
 SUCH AUTHORITY ESTABLISHED BY TITLE EIGHT-A  OF  ARTICLE  FIVE  OF  THIS
 CHAPTER,  ASSUME  ALL DUTIES AND POWERS OF SUCH AUTHORITY ESTABLISHED BY
 SUCH TITLE RELATED TO THE EFFECTUATION OF THE GENERAL DUTIES AND  POWERS
 ENUMERATED IN THIS TITLE IN ORDER TO MITIGATE FLOOD EVENTS IN THE OSWEGO
 RIVER  BASIN, INCLUDING BUT NOT LIMITED TO THE CONTROL, OPERATION, MAIN-
 TENANCE, AND ADJUSTMENT OF WATER LEVELS OF ALL RESERVOIRS, DAMS OR OTHER
 FLOOD MITIGATION STRUCTURES OWNED OR OPERATED  BY  AN  AUTHORITY  ESTAB-
 LISHED  BY  TITLE  EIGHT-A OF ARTICLE FIVE OF THIS CHAPTER. AN AUTHORITY
 ESTABLISHED BY TITLE EIGHT-A OF  ARTICLE  FIVE  OF  THIS  CHAPTER  SHALL
 REGAIN  ALL  POWERS  AND  DUTIES  CEDED TO THE AUTHORITY AT THE END OF A
 FLOOD EVENT, AS DETERMINED BY THE AUTHORITY, OR UPON THE  RELINQUISHMENT
 BY THE AUTHORITY.
   § 2799-GGGGG. OSWEGO RIVER BASIN ADVISORY COMMITTEE. 1. THERE IS HERE-
 BY  ESTABLISHED  WITHIN  THE  AUTHORITY  THE OSWEGO RIVER BASIN ADVISORY
 COMMITTEE (HEREINAFTER REFERRED TO AS "THE  COMMITTEE"),  CONSISTING  OF
 TWENTY-ONE  MEMBERS  TO  ADVISE  THE  CHAIR  OF THE AUTHORITY ON MATTERS
 RELATING TO THE STATE'S ROLE IN MANAGING THE OSWEGO RIVER BASIN, INCLUD-
 ING BUT NOT LIMITED TO REGIONAL AND FEDERAL ACTIVITIES AIMED AT REGULAT-
 ING THE FLOW OF WATER, FLOOD MITIGATION, THE COORDINATION  OF  EMERGENCY
 FLOOD  RESPONSE,  DOMESTIC, MUNICIPAL, INDUSTRIAL AND AGRICULTURAL WATER
 SUPPLIES, NAVIGATION, HYDROELECTRIC POWER AND ENERGY PRODUCTION,  RECRE-
 ATION, FISH AND WILDLIFE HABITAT AND A BALANCED ECOSYSTEM.
   2. THE COMMITTEE SHALL:
   (A)  ADVISE THE CHAIR OF THE AUTHORITY ON THE CREATION, IMPLEMENTATION
 AND MODIFICATION TO THE DRAFT OSWEGO RIVER BASIN MANAGEMENT PLAN AND THE
 OSWEGO RIVER BASIN MANAGEMENT PLAN  AS  DEVELOPED  PURSUANT  TO  SECTION
 TWENTY-SEVEN HUNDRED NINETY-NINE-EEEEE OF THIS TITLE;
   (B)  ADVISE  THE  MEMBERS  OF THE OSWEGO RIVER BASIN INTERGOVERNMENTAL
 COUNCIL, AS ESTABLISHED PURSUANT TO SECTION TWENTY-SEVEN  HUNDRED  NINE-
 TY-NINE-HHHHH, AS NEEDED; AND
   (C)  ANNUALLY  IDENTIFY SPECIFIC RESEARCH OR PROGRAM NEEDS FOR FUNDING
 FROM STATE, FEDERAL, PRIVATE OR OTHER SOURCES. SUCH ANNUAL PROGRAM, WITH
 AS MUCH DETAIL ON THE SCOPE AND EXPECTATIONS OF EACH PROJECT AS IS PRAC-
 TICAL, SHALL BE SUBMITTED TO THE AUTHORITY, WHICH SHALL SELECT  SPECIFIC
 PROJECTS  FROM  THE  PROGRAM,  RECOMMENDED  BY  THE COMMITTEE, AND SHALL
 FURNISH THE GOVERNOR AND THE DIRECTOR OF THE DIVISION OF THE BUDGET SUCH
 ESTIMATES AND INFORMATION FOR INCLUSION IN THE BUDGET OF THE STATE.
   3. THE GOVERNOR SHALL APPOINT NINE MEMBERS TO THE COMMITTEE, WITH  ONE
 MEMBER  REPRESENTING AN INSTITUTION THAT PERFORMS RESEARCH ON THE ISSUES
 AND THE PROBLEMS OF THE OSWEGO RIVER BASIN, ONE  MEMBER  REPRESENTING  A
 S. 7649                            10
 
 LABOR  UNION WHOSE MEMBERS DERIVE THEIR LIVELIHOOD FROM THE OSWEGO RIVER
 BASIN, THREE MEMBERS REPRESENTING ENVIRONMENTAL OR  CONSERVATION  ORGAN-
 IZATIONS  WITH  INTERESTS IN THE OSWEGO RIVER BASIN, TWO MEMBERS REPRES-
 ENTING  BUSINESS  ORGANIZATIONS WHOSE COMMERCIAL INTEREST LIES IN ACTIV-
 ITIES IN OR AROUND THE OSWEGO RIVER BASIN,  ONE  MEMBER  REPRESENTING  A
 MUNICIPALITY WHOLLY OR PARTIALLY CONTAINED WITHIN THE OSWEGO RIVER BASIN
 AND ONE MEMBER REPRESENTING A COUNTY HAVING A POPULATION OF FOUR HUNDRED
 FIFTY  THOUSAND  PEOPLE OR MORE WHOLLY OR PARTIALLY CONTAINED WITHIN THE
 OSWEGO RIVER BASIN. THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAK-
 ER OF THE ASSEMBLY SHALL EACH APPOINT TWO  MEMBERS  WHO  HAVE  A  DEMON-
 STRATED KNOWLEDGE IN OSWEGO RIVER BASIN ISSUES. THE CHAIR OF THE AUTHOR-
 ITY, THE COMMISSIONERS OF THE DEPARTMENTS OF ENVIRONMENTAL CONSERVATION,
 HEALTH,  TRANSPORTATION,  AND  ECONOMIC DEVELOPMENT, THE DIRECTOR OF THE
 CANAL CORPORATION, THE CHAIR OF THE POWER AUTHORITY OF THE STATE OF  NEW
 YORK AND THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMER-
 GENCY  SERVICES  OR  THEIR DESIGNATED REPRESENTATIVE SHALL BE EX-OFFICIO
 MEMBERS. THE APPOINTED MEMBERS OF THE COMMITTEE  SHALL  SERVE  TERMS  OF
 THREE  YEARS,  PROVIDED, HOWEVER, THAT OF THE MEMBERS FIRST APPOINTED BY
 THE GOVERNOR, THREE MEMBERS SHALL BE  APPOINTED  FOR  A  TERM  OF  THREE
 YEARS,  THREE  MEMBERS  SHALL  BE  APPOINTED FOR A TERM OF TWO YEARS AND
 THREE MEMBERS SHALL BE APPOINTED FOR A TERM OF ONE YEAR. AN  APPOINTMENT
 TO  FILL  A VACANCY SHALL BE MADE FOR THE REMAINDER OF THE AFFECTED TERM
 IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT WAS MADE.  SUCH  APPOINT-
 MENT  SHALL  BE  MADE WITHIN SIXTY DAYS OF THE DATE THE POSITION BECOMES
 VACANT. MEMBERS SHALL SERVE UNTIL THEIR SUCCESSOR HAS BEEN APPOINTED.
   4. THE ADVISORY COMMITTEE SHALL MEET FOR THE  FIRST  TIME  WITHIN  ONE
 HUNDRED EIGHTY DAYS AFTER THE CREATION OF THE AUTHORITY PURSUANT TO THIS
 TITLE, AND THEREAFTER SHALL MEET A MINIMUM OF THREE TIMES ANNUALLY.
   5.  ADVISORY COMMITTEE MEMBERS SHALL RECEIVE NO COMPENSATION FOR THEIR
 SERVICES, BUT  SHALL  BE  REIMBURSED  FOR  THEIR  ACTUAL  AND  NECESSARY
 EXPENSES INCURRED DURING THE PERFORMANCE OF THEIR DUTIES.
   6.  THE  COMMITTEE  SHALL SUBMIT A REPORT BY THE FIRST OF JANUARY NEXT
 SUCCEEDING THE DATE THIS SECTION SHALL TAKE EFFECT AND  ANNUALLY  THERE-
 AFTER  TO  THE  GOVERNOR,  THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
 PRESIDENT OF THE SENATE. SUCH REPORT SHALL INCLUDE AN EVALUATION OF  THE
 PROBLEMS  AND  CONDITIONS OF THE OSWEGO RIVER BASIN, RECOMMENDATIONS FOR
 THE AUTHORITY AND LEGISLATIVE RECOMMENDATIONS.
   7. THE COMMITTEE SHALL DEVELOP A COMMUNICATION PLAN FOR HIGH FLOW  AND
 FLOOD  FLOW EVENTS AND SUBMIT SUCH PLAN AND RECOMMENDATIONS TO IMPLEMENT
 SUCH PLAN TO THE AUTHORITY, THE GOVERNOR, THE SPEAKER  OF  THE  ASSEMBLY
 AND  THE TEMPORARY PRESIDENT OF THE SENATE. FURTHER, THE AUTHORITY SHALL
 MAKE SUCH COMMUNICATION PLAN AVAILABLE ON THE WEBSITE OF  THE  AUTHORITY
 AND  SHARE  SUCH  COMMUNICATION  PLAN  WITH  OTHER  STATE  ENTITIES WHEN
 REQUESTED.
   § 2799-HHHHH. OSWEGO RIVER BASIN INTERGOVERNMENTAL COUNCIL.  1.    THE
 AUTHORITY MAY ESTABLISH, BY THE PASSAGE OF A RESOLUTION, AN OSWEGO RIVER
 BASIN  INTERGOVERNMENTAL  COUNCIL (HEREINAFTER REFERRED TO AS "THE COUN-
 CIL") WHICH SHALL CONSIST  OF  MEMBERS  FROM  ANY  COUNTY,  CITY,  TOWN,
 VILLAGE, SCHOOL DISTRICT, LOCAL POLICE DEPARTMENT, STATE ENTITY, A HOLD-
 ER  OF A LICENSE ISSUED UNDER THE FEDERAL POWER ACT, LAKE ASSOCIATION OR
 PRIVATE ENTITY, OR ANY COMBINATION THEREOF, OPERATING OR CONTAINED WHOL-
 LY OR PARTIALLY WITHIN THE OSWEGO RIVER BASIN. SUCH ESTABLISHMENT  OF  A
 COUNCIL  SHALL  EFFECTUATE THE IMPLEMENTATION OF THE AUTHORITY'S GENERAL
 DUTIES OR POWERS AND IMPROVE COORDINATION OR COMMUNICATION  WITH  PUBLIC
 AND  PRIVATE ENTITIES WHICH ARE WHOLLY OR PARTIALLY CONTAINED OR OPERATE
 WITHIN THE OSWEGO RIVER BASIN  OR  OTHERWISE  IMPROVE  FLOOD  MITIGATION
 S. 7649                            11
 
 EFFORTS IN THE OSWEGO RIVER BASIN.  WHEN AN OSWEGO RIVER BASIN INTERGOV-
 ERNMENTAL COUNCIL IS ESTABLISHED, SUCH COUNCIL SHALL HAVE THE POWER TO:
   (A)  MAKE  SURVEYS AND STUDIES AND CONDUCT RESEARCH PROGRAMS TO AID IN
 THE SOLUTION OF LOCAL  FLOOD  MITIGATION  PROBLEMS  AND  IN  EFFORTS  TO
 IMPROVE AUTHORITY ADMINISTRATION AND SERVICES;
   (B)  PROVIDE  FOR  THE DISTRIBUTION OF INFORMATION RESULTING FROM SUCH
 SURVEYS, STUDIES AND PROGRAMS CREATED, ESTABLISHED OR  PRODUCED  BY  THE
 AUTHORITY OR THE COUNCIL;
   (C) CONSULT AND COOPERATE WITH APPROPRIATE STATE, MUNICIPAL AND PUBLIC
 OR  PRIVATE  AGENCIES  IN MATTERS AFFECTING THE POWERS AND DUTIES OF THE
 AUTHORITY; AND
   (D) DEVISE RECOMMENDATIONS FOR OBTAINING GREATER ECONOMY AND EFFICIEN-
 CY IN THE PLANNING AND PROVISION OF AUTHORITY SERVICES AND PROVIDE  SUCH
 RECOMMENDATIONS TO THE AUTHORITY.
   2.  WHEN  A COUNCIL IS ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION, THE MEMBERS OF THE COUNCIL SHALL ADOPT BY-LAWS  TO  GOVERN  ITS
 ACTIVITIES.   THE CHAIR OF THE AUTHORITY SHALL BE THE CHAIR OF THE COUN-
 CIL ESTABLISHED BY THIS SECTION AND SHALL APPOINT MEMBERS TO  THE  COUN-
 CIL.  SUCH  CHAIR  SHALL  SELECT  FROM THE MEMBERS A SECRETARY AND OTHER
 NECESSARY OFFICERS TO SERVE FOR SUCH PERIOD AS THE MEMBERS SHALL AGREE.
   3. THE AUTHORITY SHALL  PROVIDE  THE  COUNCIL  WITH  SUCH  FACILITIES,
 ASSISTANCE  AND DATA AS NECESSARY TO ASSIST THE COUNCIL TO CARRY OUT ITS
 DUTIES. ADDITIONALLY, ALL OTHER AGENCIES OF THE  STATE  OR  SUBDIVISIONS
 THEREOF  MAY, AT THE REQUEST OF THE CHAIR, PROVIDE THE COUNCIL WITH SUCH
 ASSISTANCE AND DATA AS IS NECESSARY FOR THE COUNCIL  TO  CARRY  OUT  ITS
 DUTIES.
   §  2799-IIIII.  ACQUISITION  OF  REAL  ESTATE. 1. THE AUTHORITY SHALL,
 SUBJECT TO THE PROVISIONS OF THIS SECTION, HAVE THE RIGHT TO CONDEMN FOR
 THE USE OF THE AUTHORITY ANY REAL  ESTATE  WHICH  IS  DETERMINED  TO  BE
 NECESSARY  FOR THE PURPOSE OF CARRYING OUT ANY PROVISIONS OF THIS TITLE.
 IT MAY ACQUIRE TITLE TO SUCH REAL ESTATE BY AGREEMENT WITH THE OWNER  OF
 SUCH REAL ESTATE AND UPON PAYMENT THEREFOR OF THE AMOUNT OF COMPENSATION
 TO BE PAID TO SUCH OWNER.  ADDITIONALLY, THE AUTHORITY MAY ACQUIRE TITLE
 TO  REAL ESTATE BY AGREEMENT WITH THE OWNER OF SUCH REAL ESTATE AND UPON
 PAYMENT THEREFOR OF THE AMOUNT OF COMPENSATION TO BE PAID SUCH OWNER FOR
 THE PURPOSE OF RESTORING A DISCONNECTED FLOODPLAIN IN THE  OSWEGO  RIVER
 BASIN.
   2.  IF ANY REAL ESTATE BELONGING TO ANY COUNTY, CITY, TOWN, VILLAGE OR
 SCHOOL DISTRICT IS REQUIRED FOR THE PURPOSES OF THIS TITLE,  THE  COUNTY
 LEGISLATIVE  BODY  FOR  SUCH  COUNTY,  THE  MAYOR  AND COMMON COUNCIL OR
 GOVERNING BODY FOR SUCH CITY, THE TOWN  AUTHORITY  FOR  SUCH  TOWN,  THE
 VILLAGE  AUTHORITY FOR SUCH VILLAGE, THE TRUSTEES OR AUTHORITY OF EDUCA-
 TION OF ANY SCHOOL DISTRICT FOR SUCH AUTHORITY, OR ANY PERSONS, BODY  OR
 BODIES,  HAVING  A LIKE POWER, ACTING FOR A PUBLIC CORPORATION MAY GRANT
 OR SURRENDER SUCH REAL ESTATE FOR SUCH COMPENSATION  AS  MAY  BE  AGREED
 UPON  BY  SUCH  OFFICIAL  REPRESENTATIVES AND THE AUTHORITY. THE COMPEN-
 SATION AGREED UPON AS THUS PROVIDED SHALL BE PAID TO THE FISCAL  OFFICER
 OF  THE  PUBLIC CORPORATION OR THE PERSON OR PERSONS FROM WHOM SUCH REAL
 ESTATE IS ACQUIRED.
   3. IF THE AUTHORITY CANNOT AGREE WITH THE OWNER UPON THE  COMPENSATION
 AND  DAMAGES  TO BE PAID FOR THE REAL ESTATE SO ACQUIRED, IT SHALL SERVE
 UPON SUCH OWNER A NOTICE THAT SUCH REAL  ESTATE  DESCRIBED  THEREIN  HAS
 BEEN ACQUIRED BY THE AUTHORITY FOR THE PURPOSES OF THIS TITLE, AND SHALL
 PROCEED TO ACQUIRE TITLE OF SUCH REAL ESTATE UNDER THE PROVISIONS OF THE
 EMINENT DOMAIN PROCEDURE LAW.
 S. 7649                            12
 
   4.  IF  ANY  REAL PROPERTY, OWNED BY A CORPORATION HAVING THE POWER BY
 LAW TO EXERCISE THE RIGHT OF EMINENT DOMAIN, IS ACQUIRED PURSUANT TO THE
 EMINENT DOMAIN PROCEDURE LAW, THE AUTHORITY SHALL HAVE NO RIGHT TO ENTER
 UPON AND TAKE POSSESSION OF ANY SUCH REAL ESTATE UNTIL THE OWNER THEREOF
 SHALL  HAVE  BEEN  PAID OR TENDERED THE AMOUNT DUE UNDER THE FINAL ORDER
 AND JUDGMENT IN SUCH PROCEEDINGS, WITH INTEREST.
   5. IF ANY SUCH PAYMENTS ARE MADE DIRECTLY BY THE AUTHORITY, THE AMOUNT
 SO PAID SHALL BE REFUNDED TO THE AUTHORITY OUT OF THE  GENERAL  FUND  OF
 THE  AUTHORITY, AS PROVIDED IN SUBDIVISION SEVEN OF SECTION TWENTY-SEVEN
 HUNDRED NINETY-NINE-SSSSS OF THIS TITLE.
   6. TITLE TO ALL REAL ESTATE ACQUIRED PURSUANT  TO  THE  PROVISIONS  OF
 THIS TITLE, EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, SHALL BE ACQUIRED
 IN  THE  NAME  OF  THE  STATE OF NEW YORK, AND WHEN SO ACQUIRED SHALL BE
 DEEMED TO BE ACQUIRED FOR PUBLIC USE.
   7. ALL REAL ESTATE ACQUIRED OR TAKEN PURSUANT  TO  THE  PROVISIONS  OF
 THIS  TITLE  SHALL BE HEREBY DEDICATED TO THE USE AND PURPOSES FOR WHICH
 IT IS SO TAKEN, AND THE RIGHT, TITLE AND INTEREST ACQUIRED BY THE  STATE
 THEREIN SHALL BE SO ACQUIRED SUBJECT TO SUCH USE AND PURPOSES.
   §  2799-JJJJJ.  DISCONTINUANCE  OR  RELOCATION,  OR BOTH, OF HIGHWAYS,
 ROADS AND STREETS. 1.   IF THE AUTHORITY  SHALL  DEEM  IT  NECESSARY  TO
 DISCONTINUE A PUBLIC HIGHWAY, ROAD OR STREET, OR A PART THEREOF, BECAUSE
 OF  ITS  INTERFERENCE  WITH  THE  PROPER LOCATION OF A RESERVOIR, DAM OR
 OTHER FLOOD MITIGATION STRUCTURE, OR OTHER FACILITY OR STRUCTURE  NECES-
 SARY  FOR  THE  EFFECTUATION  OF  THE DUTIES OF THE AUTHORITY, FOR WHICH
 PRELIMINARY PLANS SHALL HAVE BEEN ADOPTED AS PROVIDED IN THIS  TITLE  OR
 BECAUSE  OF  ITS INTERFERENCE WITH THE EFFECTUATION OF THE DUTIES OF THE
 AUTHORITY ESTABLISHED BY THIS TITLE,  IT  MAY  DISCONTINUE  SUCH  PUBLIC
 HIGHWAY,  ROAD  OR  STREET. IF THE AUTHORITY SHALL DETERMINE THAT PUBLIC
 INTEREST SO REQUIRES, IT MAY RELOCATE SUCH HIGHWAY, ROAD OR  STREET,  OR
 THE  PART  BEING DISCONTINUED, ALONG A COURSE, OR IF DISCONTINUED DUE TO
 INTERFERENCE WITH A RESERVOIR, DAM OR OTHER FLOOD MITIGATION  STRUCTURE,
 WHOLLY OR PARTLY WITHIN OR WITHOUT THE HIGH FLOW LINE OF SUCH RESERVOIR,
 DAM  OR OTHER FLOOD MITIGATION STRUCTURE, AND ACQUIRE, WITH FUNDS OF THE
 AUTHORITY APPLICABLE TO THE EXPENSE OF  SUCH  RESERVOIR,  DAM  OR  OTHER
 FLOOD  MITIGATION  STRUCTURE,  IN THE MANNER PROVIDED IN SECTION TWENTY-
 SEVEN HUNDRED NINETY-NINE-IIIII OF THIS TITLE, THE NECESSARY  RIGHTS  OF
 WAY  OR  EASEMENTS  FOR  SUCH RELOCATED PART, OR IN LIEU OF SUCH A RELO-
 CATION, MAY ESTABLISH NEW HIGHWAYS TO CONNECT WITH THEN  EXISTING  HIGH-
 WAYS, ROADS OR STREETS, TO AFFORD A SUBSTANTIAL EQUIVALENT, FOR PURPOSES
 OF  HIGHWAY  TRAFFIC,  OF  SUCH  A  RELOCATION. THE DETERMINATION OF THE
 AUTHORITY TO RELOCATE OR ESTABLISH ANY  SUCH  HIGHWAY,  ROAD  OR  STREET
 SHALL  BE  BY  RESOLUTION,  SETTING FORTH A DESCRIPTION OF THE COURSE OF
 SUCH HIGHWAY, ROAD OR STREET, A CERTIFIED COPY OF WHICH SHALL  BE  FILED
 IN THE OFFICE OF THE CLERK OF EACH CITY, TOWN AND VILLAGE CONTAINING ANY
 PART  OF  THE RELOCATED OR NEW HIGHWAY, ROAD OR STREET AND SHALL BE MADE
 AVAILABLE ON THE AUTHORITY'S WEBSITE. IF THE HIGHWAY, OR  PART  THEREOF,
 SO  ESTABLISHED  OR  RELOCATED  SHALL  BE A STATE OR COUNTY HIGHWAY, THE
 RESOLUTION SHALL NOT BE EFFECTIVE UNTIL APPROVED BY THE COMMISSIONER  OF
 TRANSPORTATION  AND  WITH  SUCH COMMISSIONER'S WRITTEN APPROVAL APPENDED
 THERETO. FROM THE TIME OF THE FILING OF  SUCH  COPY  OR  COPIES  OF  THE
 RESOLUTION,  THE  RELOCATED  OR  CONNECTING HIGHWAY SHALL BE DEEMED DULY
 LAID OUT.
   2. AFTER HAVING ACQUIRED THE NECESSARY  RIGHTS  OF  WAY  OR  EASEMENTS
 THEREFOR,  THE AUTHORITY, WITH ITS FUNDS, SHALL CONSTRUCT SUCH RELOCATED
 OR CONNECTING HIGHWAY, ROAD OR STREET, OR PART THEREOF. IF THE  HIGHWAY,
 OR PART THEREOF, WHICH IS DISCONTINUED, IS A STATE OR COUNTY HIGHWAY, OR
 S. 7649                            13
 
 PART  THEREOF,  THE  CONSTRUCTION OF THE RELOCATED OR CONNECTING HIGHWAY
 SHALL BE IN ACCORDANCE WITH PLANS APPROVED BY THE COMMISSIONER OF TRANS-
 PORTATION. IF THE HIGHWAY, OR PART THEREOF, WHICH IS DISCONTINUED  IS  A
 COUNTY  ROAD,  OR  PART  THEREOF,  THE  CONSTRUCTION OF THE RELOCATED OR
 CONNECTING HIGHWAY SHALL BE IN ACCORDANCE WITH  PLANS  APPROVED  BY  THE
 COUNTY  SUPERINTENDENT  OF  HIGHWAYS.  IN THE CASE OF ANY OTHER HIGHWAY,
 ROAD OR STREET, THE AUTHORITY SHALL CONSTRUCT THE SAME SO AS TO MAKE  IT
 CONFORM  IN  KIND  AND  QUALITY  GENERALLY TO THE DISCONTINUED HIGHWAYS,
 ROADS AND STREETS.
   3. THE CONTROL AND MAINTENANCE OF THE RELOCATED OR CONNECTING HIGHWAY,
 STREET OR ROAD, AFTER ITS COMPLETION, SHALL VEST IN THE  LOCAL  AUTHORI-
 TIES OF THE CITY, TOWN OR VILLAGE, IN WHICH SUCH HIGHWAY, STREET OR ROAD
 OR ANY PART THEREOF IS SITUATED, AND FOR SUCH PURPOSE IT SHALL BE DEEMED
 A  HIGHWAY,  ROAD OR STREET OF THE CITY, TOWN OR VILLAGE, EXCEPT THAT IF
 THE HIGHWAY OR ROAD WHICH WAS DISCONTINUED, OR THE PART THEREOF  DISCON-
 TINUED,  WAS  A STATE OR COUNTY HIGHWAY, OR COUNTY ROAD, THE CONTROL AND
 MAINTENANCE OF THE RELOCATED OR CONNECTING HIGHWAY OR ROAD SHALL VEST IN
 THE STATE OR COUNTY AUTHORITIES HAVING CHARGE OF THE DISCONTINUED  HIGH-
 WAY  OR  ROAD, AND FOR SUCH PURPOSE IT SHALL BE DEEMED A STATE OR COUNTY
 HIGHWAY, OR COUNTY ROAD, AS THE CASE MAY BE.
   § 2799-KKKKK. TAXATION OF REAL ESTATE. LANDS OWNED BY  THE  STATE  AND
 ACQUIRED  PURSUANT  TO  THE  PROVISIONS  OF THIS TITLE, EXCLUSIVE OF THE
 IMPROVEMENTS ERECTED THEREON BY THE AUTHORITY,  SHALL  BE  ASSESSED  AND
 TAXED  IN THE SAME MANNER AS STATE LANDS SUBJECT TO TAXATION PURSUANT TO
 TITLE TWO OF ARTICLE FIVE OF THE REAL PROPERTY TAX LAW. PROVIDED, HOWEV-
 ER, THAT THE AGGREGATE ASSESSED VALUATIONS OF SUCH LANDS  IN  ANY  CITY,
 TOWN, OR VILLAGE SHALL NOT BE REDUCED BELOW THE AGGREGATE ASSESSED VALU-
 ATIONS THEREOF WITH THE IMPROVEMENTS THEREON AT THE TIME OF THEIR ACQUI-
 SITION  BY THE AUTHORITY, AND PROVIDED FURTHER THAT IN CASE OF A GENERAL
 INCREASE IN ASSESSMENTS IN ANY CITY, TOWN, OR VILLAGE THE ASSESSED VALU-
 ATIONS OF THE LANDS AND IMPROVEMENTS AT THE TIME OF THEIR ACQUISITION BY
 THE AUTHORITY SHALL BE DEEMED TO  HAVE  BEEN  INCREASED  PROPORTIONATELY
 WITH THE INCREASE OF OTHER REAL PROPERTY IN SUCH TAX DISTRICT.
   §  2799-LLLLL. CEMETERIES. 1. FOR THE PURPOSES OF THIS TITLE, WHENEVER
 IT SHALL BE NECESSARY TO USE ANY PORTION OF ANY LANDS  OR  PREMISES  NOW
 OCCUPIED BY GRAVES, BURIAL PLACES, CEMETERIES, OR OTHER PLACES OF INTER-
 MENT  OF HUMAN REMAINS, THE AUTHORITY MAY ACQUIRE SUCH LANDS OR PREMISES
 IN THE SAME MANNER AS OTHER REAL ESTATE MAY BE ACQUIRED PURSUANT TO THIS
 TITLE. PROVIDED, HOWEVER, THAT IF LANDS  OR  PREMISES  SO  OCCUPIED  AND
 SOUGHT TO BE ACQUIRED ARE NOT WITHIN A CEMETERY UNDER THE ACTUAL CONTROL
 AND MANAGEMENT OF A THEN EXISTING RELIGIOUS OR CEMETERY CORPORATION, AND
 PROCEEDINGS SHALL HAVE BEEN INSTITUTED BY THE AUTHORITY FOR THEIR ACQUI-
 SITION  UNDER  THE EMINENT DOMAIN PROCEDURE LAW, THE COURT, IF SATISFIED
 AT ANY STAGE OF THE PROCEEDINGS THAT THE PUBLIC INTERESTS WILL BE PREJU-
 DICED BY DELAY, SHALL, BY ORDER, DIRECT THAT  THE  AUTHORITY  MAY  ENTER
 IMMEDIATELY  ON  SUCH  LANDS  AND PREMISES, AND, AFTER THE PROVISIONS OF
 SUBDIVISIONS FOUR, FIVE, SIX,  SEVEN  AND  EIGHT  OF  THIS  SECTION  AND
 SECTIONS  THREE HUNDRED FOUR AND FOUR HUNDRED FOUR OF THE EMINENT DOMAIN
 PROCEDURE LAW HAVE BEEN COMPLIED WITH, MAY  DEDICATE  THE  SAME  TO  THE
 PUBLIC  USE  SPECIFIED IN THE PETITION, UPON DEPOSIT WITH THE COURT OF A
 SUM TO BE FIXED BY THE COURT, BUT NO SUCH ORDER  SHALL  BE  MADE  EXCEPT
 UPON NOTICE OF THE APPLICATION THEREFOR SERVED AND POSTED AS HEREINAFTER
 PROVIDED.
   2.  SUCH  NOTICE  SHALL  BE  SERVED PURSUANT TO THE PROVISIONS OF THIS
 SUBDIVISION. IF ANY OF THE OWNERS  OR  THEIR  PLACES  OF  RESIDENCE  ARE
 UNKNOWN,  NOTICE  ADDRESSED,  GENERALLY,  TO  ALL  OWNERS OF AND PERSONS
 S. 7649                            14
 
 INTERESTED IN  THE  LANDS  USED  FOR  GRAVES,  BURIAL  PLACES,  CEMETERY
 PURPOSES OR PLACES OF INTERMENT WITHIN A CERTAIN LOT, TRACT OR PARCEL OF
 LAND, TO BE DESCRIBED WITH SUFFICIENT CERTAINTY TO IDENTIFY IT, SHALL BE
 PUBLISHED  IN THE TIME AND MANNER PRESCRIBED BY SUBDIVISIONS FOUR, FIVE,
 SIX, SEVEN AND EIGHT OF THIS SECTION WITH RESPECT TO THE NOTICE  THEREIN
 PROVIDED  FOR.  OWNERS,  IF ANY, WHOSE NAMES AND PLACES OF RESIDENCE ARE
 KNOWN AND WHO RESIDE WITHIN THE STATE, SHALL BE SERVED WITH SUCH  NOTICE
 PERSONALLY  OR  BY  LEAVING  THE  NOTICE AT THE ABODE OF THE OWNER TO BE
 SERVED, WITH A PERSON OF SUITABLE AGE AND DISCRETION  RESIDING  THEREIN.
 OWNERS,  IF  ANY,  WHOSE NAMES AND PLACES OF RESIDENCE ARE KNOWN AND WHO
 RESIDE OUT OF STATE, SHALL BE SERVED  WITH  SUCH  NOTICE  BY  MAIL,  THE
 NOTICE  TO  BE DEPOSITED IN A POST OFFICE IN THE STATE, ADDRESSED TO THE
 OWNER TO BE SERVED, AND ENCLOSED IN A SECURELY SEALED POSTPAID ENVELOPE.
 THE NOTICE ALSO SHALL BE POSTED CONSPICUOUSLY  IN  TEN  PLACES  IN  EACH
 CITY,  TOWN,  OR VILLAGE IN WHICH THE LANDS ARE LOCATED, AT LEAST TWENTY
 DAYS BEFORE THE TIME  OF  MAKING  THE  APPLICATION.  IF  THE  NOTICE  IS
 PUBLISHED,  THE  TIME  FOR MAKING THE APPLICATION SHALL BE NOT LESS THAN
 EIGHT DAYS NOR MORE THAN SIXTEEN DAYS AFTER THE LAST PUBLICATION, AND IN
 ANY CASE PERSONAL SERVICE, IF ANY, OR SERVICE BY LEAVING AT THE  OWNER'S
 ABODE,  SHALL  BE MADE AT LEAST EIGHT DAYS, AND SERVICE BY MAIL, IF ANY,
 AT LEAST THIRTY DAYS, BEFORE THE TIME OF MAKING THE APPLICATION. IF,  IN
 THE CONDEMNATION PROCEEDING, AN ATTORNEY HAS BEEN APPOINTED BY THE COURT
 TO  REPRESENT DEFENDANTS SERVED WITH THE ORIGINAL NOTICE BY METHOD OTHER
 THAN IN-PERSON, UNDER THE EMINENT DOMAIN PROCEDURE LAW, THE NOTICE  ALSO
 SHALL  BE  SERVED  ON HIM OR HER, AT LEAST EIGHT DAYS BEFORE THE TIME OF
 MAKING THE APPLICATION.
   3. THE NOTICE SHALL SPECIFY THE RELIEF SOUGHT AND THE TIME  AND  PLACE
 OF  MAKING  THE APPLICATION. THE PAPERS OR PROOFS SUBMITTED TO THE COURT
 ON THE APPLICATION SHALL INCLUDE DUE PROOFS OF THE SERVICE  AND  POSTING
 OF  THE NOTICE AND PROOF, BY AFFIDAVIT, THAT THE PERSONS, IF ANY, SERVED
 PERSONALLY OR BY LEAVING AT THEIR ABODES OR BY MAIL  CONSTITUTE  ALL  OF
 THE  OWNERS  OF  AND  PERSONS  INTERESTED IN THE LANDS SO OCCUPIED WHOSE
 NAMES AND PLACES OF RESIDENCE ARE KNOWN, OR, IF  NONE  WERE  SO  SERVED,
 THAT ALL OF THE OWNERS ARE UNKNOWN, AND IF CERTAIN OWNERS WERE KNOWN BUT
 NOT THEIR PLACES OF RESIDENCE, AND THEREFORE WERE NOT SERVED, PERSONALLY
 OR BY MAIL, THAT FACT AND THE NAMES OF SUCH OWNERS SHALL BE STATED. SUCH
 AFFIDAVIT  SHALL  ALSO  SET FORTH THE EXTENT OF THE INQUIRY TO ASCERTAIN
 THE NAMES AND PLACES OF RESIDENCE OF THE OWNERS. THE PROVISIONS  OF  THE
 EMINENT  DOMAIN  PROCEDURE  LAW  APPLICABLE SUBSEQUENT TO THE DEPOSIT OF
 SUCH MONEYS SHALL APPLY HERETO, EXCEPT THAT  THE  GENERAL  FUND  OF  THE
 AUTHORITY  SHALL  BE  LIABLE  FOR THE PAYMENT OF ANY DEFICIENCY JUDGMENT
 RENDERED PURSUANT TO SUCH SECTION.
   4. ONCE THE AUTHORITY HAS ACQUIRED TITLE, OR THE  RIGHT  OF  IMMEDIATE
 ENTRY  TO  REAL ESTATE, THE AUTHORITY SHALL PUBLISH IN TWO NEWSPAPERS IN
 THE COUNTY WHERE SUCH BURIAL PLACE, CEMETERY  OR  GRAVES  ARE  SITUATED,
 WHICH  SHALL IN ITS JUDGMENT BE BEST CALCULATED TO NOTIFY THE PERSONS OR
 PARTIES INTERESTED OR  ENTITLED  TO  SUCH  NOTICE,  WHICH  NOTICE  SHALL
 DESCRIBE  THE  LOCATION  OF SUCH BURIAL PLACE, CEMETERY OR GRAVE IN SUCH
 MANNER AS TO SUFFICIENTLY IDENTIFY THE SAME. SUCH PUBLICATION  SHALL  BE
 MADE  ONCE  IN  EACH WEEK IN EACH OF THE NEWSPAPERS FOR A PERIOD OF FOUR
 WEEKS, AND SUCH NOTICE SHALL ALSO CONTAIN A STATEMENT TO THE EFFECT THAT
 ANY PERSON OR PERSONS LEGALLY ENTITLED TO DIRECT AS TO  THE  DISPOSITION
 OF  ANY SUCH REMAINS MAY REMOVE THE SAME TO ANY OTHER CEMETERY OR BURIAL
 PLACE WITHIN SIXTY DAYS AFTER THE LAST PUBLICATION OF  SUCH  NOTICE,  IF
 THEY  SO ELECT, BUT WITHOUT EXPENSE TO THE AUTHORITY THEREFOR.  FROM AND
 AFTER THE PERIOD OF SIXTY DAYS FROM THE LAST DATE  OF  PUBLICATION,  THE
 S. 7649                            15
 
 AUTHORITY  SHALL  ADVERTISE  IN  A  NEWSPAPER PUBLISHED IN THE COUNTY OR
 COUNTIES IN WHICH THE CEMETERY OR CEMETERIES ARE SITUATED FOR  BIDS  FOR
 THE REMOVAL OF SUCH REMAINS BY CONTRACT AND THEIR PROPER REINTERMENT.
   5. ALL REMOVALS AND TRANSPORTATION OF SUCH HUMAN REMAINS SHALL BE DONE
 IN ACCORDANCE WITH THE PROVISIONS OF THE PUBLIC HEALTH LAW AND THE LOCAL
 RULES  OR ORDINANCES OF ANY TOWN, CITY OR VILLAGE WHEREIN SUCH CEMETERY,
 BURIAL GROUND OR GRAVES SHALL BE LOCATED OR WHEREIN ANY OF SUCH  REMAINS
 MAY  BE  REINTERRED.  THE  AUTHORITY  MAY ACQUIRE SUCH OTHER LANDS AS IT
 DEEMS NECESSARY WITHIN THE COUNTY OR IN AN ADJOINING COUNTY  WHERE  SUCH
 BURIAL  PLACE,  CEMETERY  OR  GRAVES  ARE NOW LOCATED FOR THE PURPOSE OF
 PROPERLY REINTERRING SUCH REMOVED REMAINS, WHICH LANDS SHALL BE ACQUIRED
 IN THE SAME MANNER AS PROVIDED BY THIS TITLE FOR THE ACQUISITION OF REAL
 ESTATE, AND TITLE SHALL BE TAKEN IN THE NAME OF THE  AUTHORITY  PURSUANT
 TO THE REQUIREMENTS OF THIS TITLE, BUT LANDS SHALL NOT BE ACQUIRED WITH-
 IN THE CORPORATE LIMITS OF A VILLAGE OR CITY EXCEPT WITHIN THE BOUNDS OF
 AN  EXISTING  CEMETERY UNLESS BY CONSENT OF THE AUTHORITY OF TRUSTEES OF
 THE VILLAGE OR COMMON COUNCIL OF THE CITY OR  OTHER  AUTHORITIES  WITHIN
 SUCH  VILLAGE  OR CITY OCCUPYING SIMILAR POSITIONS AS TRUSTEES OR ALDER-
 MEN, RESPECTIVELY.
   6. THE LANDS SO ACQUIRED SHALL BE  SUITABLE  AND  PROPERLY  FENCED  OR
 ENCLOSED,  AND  IN  SUCH  MANNER  AS TO PERMIT PROPER INGRESS AND EGRESS
 THERETO BEFORE THE FINAL COMPLETION AND PAYMENT FOR SUCH WORK,  AND  THE
 EXPENSE  THEREFOR SHALL BE INCLUDED WITHIN THE ESTIMATE AND CONTRACT FOR
 SUCH REMOVAL. ALL BODIES REMOVED BY ORDER OF THE AUTHORITY  SHALL,  WHEN
 DISTINGUISHABLE,  BE  ENCASED EACH IN A SEPARATE BOX OR COFFIN, AND EACH
 MONUMENT, HEADSTONE, FOOTSTONE, SLAB OR  OTHER  DESIGNATION  OR  DISTIN-
 GUISHING  MARK  SHALL BE PROPERLY REMOVED AND RESET AT THE GRAVE OF EACH
 BODY AT THE TIME OF SUCH REINTERMENT. MEMBERS OF THE SAME  FAMILY  SHALL
 BE INTERRED IN CONTIGUOUS GRAVES.
   7. WHENEVER ANY PERSON OR PERSONS LEGALLY ENTITLED TO DIRECT AS TO THE
 DISPOSITION  OF  ANY  REMAINS  NOW  INTERRED IN SUCH CEMETERIES, BURYING
 PLACE OR GRAVES SHALL REQUEST THE AUTHORITY, IN WRITING, TO REINTER SUCH
 REMAINS IN ANY OTHER CEMETERY OR BURIAL PLOT,  WITHIN  THE  SAME  COUNTY
 WHERE  SUCH  CEMETERY,  BURIAL  PLACE OR GRAVES SOUGHT TO BE REMOVED ARE
 LOCATED OR IN AN  ADJOINING  COUNTY,  THE  AUTHORITY  SHALL  CAUSE  SUCH
 REMAINS  TO  BE INTERRED WHERE REQUESTED WITHIN THE SAME COUNTY OR IN AN
 ADJOINING COUNTY, AND SHALL CAREFULLY AND PROPERLY REMOVE  SUCH  REMAINS
 TO  SUCH BURIAL PLOT AND PROPERLY REINTER THE SAME, BUT NO PAYMENT SHALL
 BE MADE FOR A GRAVE OR GRAVES OR BURIAL PLOT FOR SUCH REINTERMENT  OTHER
 THAN THAT ACQUIRED BY THE AUTHORITY PURSUANT TO THIS TITLE. WHENEVER ANY
 PERSON  OR  PERSONS  LEGALLY ENTITLED TO DIRECT AS TO THE DISPOSITION OF
 ANY HUMAN REMAINS EXHUMED OR TO BE EXHUMED  FROM  ANY  CEMETERY,  BURIAL
 PLACE  OR  GRAVES AS HEREIN PROVIDED DESIRE TO REMOVE THE SAME FOR REIN-
 TERMENT TO ANY BURIAL PLOT OR CEMETERY NOT WITHIN THE SAME  COUNTY  FROM
 WHICH  SUCH  REMAINS  WERE  EXHUMED  OR IN AN ADJOINING COUNTY AS HEREIN
 PROVIDED, 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  AUTHORITY  AND
 THE  PROVISIONS  OF  THE PUBLIC HEALTH LAW, AND THE LOCAL RULES OR ORDI-
 NANCES OF ANY TOWN, CITY OR VILLAGE WHEREIN SUCH CEMETERY, BURIAL GROUND
 OR GRAVES SHALL BE LOCATED, OR WHEREIN SUCH HUMAN REMAINS MAY  BE  REIN-
 TERRED,  BUT  NO PORTION OF THE EXPENSE OF SUCH TRANSPORTATION OR BURIAL
 IN ANOTHER COUNTY OTHER THAN AN ADJOINING COUNTY SHALL BE BORNE  BY  THE
 AUTHORITY.  THE  AUTHORITY  SHALL  PAY  ALL EXPENSES CONNECTED WITH SUCH
 REMOVAL, OUT OF THE GENERAL FUND OF THE AUTHORITY IN THE SAME MANNER  AS
 OTHER PAYMENTS ARE MADE.
 S. 7649                            16
 
   8.  WHENEVER  ANY LANDS ARE ACQUIRED BY THE AUTHORITY FOR THE PURPOSES
 OF REINTERMENT OF HUMAN REMAINS, AND ALL THE REMAINS  SO  INTERRED  HAVE
 BEEN  EXHUMED  FROM  A  CEMETERY,  BURIAL  PLACE OR GRAVE BELONGING TO A
 CORPORATION ORGANIZED UNDER THE RELIGIOUS CORPORATIONS LAW, THE  MEMBER-
 SHIP CORPORATIONS LAW, THE NOT-FOR-PROFIT CORPORATION LAW, OR BY SPECIAL
 ACT, OR BELONGING TO A TOWN OR AUTHORITY OF TRUSTEES ELECTED PURSUANT TO
 THE  PROVISIONS  OF THE TOWN LAW, OR TO A VILLAGE OR CITY, THE AUTHORITY
 SHALL BY A PROPER RESOLUTION, AFTER COMPLETION  AND  ACCEPTANCE  THEREOF
 AND  FINAL  PAYMENT  FOR ALL WORK PERFORMED AS PROVIDED IN THIS SECTION,
 EXECUTE AND DELIVER IN THE NAME OF THE AUTHORITY, AND WITHOUT EXPENSE TO
 THE GRANTEE THEREFOR, TO THE TRUSTEES OR OTHER GOVERNING  BODY  OF  SUCH
 CORPORATION, BY WHATSOEVER NAME OR TITLE THEY MAY HOLD OFFICE, OR TO THE
 AUTHORITY OF TRUSTEES OF A TOWN BURIAL GROUND, OR TO A DULY INCORPORATED
 CEMETERY  ASSOCIATION,  AND  TO  THEIR SUCCESSORS IN OFFICE, A QUITCLAIM
 DEED COVERING THE  LANDS  SO  ACQUIRED,  TOGETHER  WITH  ALL  STRUCTURES
 ERECTED  THEREON.  WHERE SUCH LANDS WERE SO ACQUIRED FOR THE PURPOSES OF
 REINTERMENT OF HUMAN REMAINS EXHUMED FROM A PUBLIC OR PRIVATE  CEMETERY,
 BURIAL  PLACE  OR GRAVE WHICH SHALL HAVE BEEN USED BY THE INHABITANTS OF
 ANY TOWN IN THIS STATE AS A CEMETERY OR BURIAL GROUND FOR  A  PERIOD  OF
 FOURTEEN  YEARS  AND NOT HAVING AN AUTHORITY OF TRUSTEES PURSUANT TO THE
 PROVISIONS OF THE TOWN LAW, THE AUTHORITY SHALL  BY  PROPER  RESOLUTION,
 AFTER  COMPLETION AND ACCEPTANCE THEREOF, AND FINAL PAYMENT FOR ALL WORK
 AS BY THIS SECTION PROVIDED, EXECUTE AND DELIVER  IN  THE  NAME  OF  THE
 AUTHORITY, AND WITHOUT EXPENSE TO THE GRANTEE THEREFOR, A QUITCLAIM DEED
 OR  OTHER  PROPER RELEASE TO SUCH TOWN WHEREIN SUCH LANDS SO ACQUIRED AS
 PROVIDED BY THIS SECTION MAY BE SITUATED, AND SUCH  CEMETERY  OR  BURIAL
 PLACE  SHALL AT THE TIME OF AND AFTER THE EXECUTION AND DELIVERY THEREOF
 BE DEEMED TO BE VESTED IN SUCH TOWN, AND SHALL BE SUBJECT  IN  THE  SAME
 MANNER  AS  OTHER  CORPORATE  PROPERTY  OF  TOWNS, TO THE GOVERNMENT AND
 DIRECTION OF THE ELECTORS IN TOWN MEETING, EXCEPT, HOWEVER,  THAT  WHERE
 SUCH  LANDS  SO  ACQUIRED FOR THE PURPOSES SET FORTH IN THIS SECTION ARE
 SITUATE WITHIN THE CORPORATE LIMITS OF A VILLAGE OR CITY, SUCH QUITCLAIM
 DEED OR RELEASE HEREIN PROVIDED FOR SHALL BE EXECUTED AND  DELIVERED  TO
 SUCH  VILLAGE  OR CITY AND THEREAFTER BE AND BECOME THE PROPERTY OF SUCH
 VILLAGE OR CITY AND SUBJECT TO THE LAWS GOVERNING SUCH VILLAGE OR  CITY.
 FURTHER,  THE  AUTHORITY, SUBJECT TO THE APPROVAL OF THE TOWN AUTHORITY,
 OR CITY OR VILLAGE AUTHORITIES HEREIN REFERRED TO, SHALL HAVE THE  RIGHT
 TO  CONVEY  SUCH LANDS SO ACQUIRED, TOGETHER WITH ALL STRUCTURES ERECTED
 THEREON, TO A DULY INCORPORATED CEMETERY ASSOCIATION. ON AND  AFTER  THE
 DATE  OF  THE  EXECUTION  AND DELIVERY BY THE AUTHORITY OF THE QUITCLAIM
 DEED OR RELEASE, THE AUTHORITY SHALL BE DEEMED TO  BE  DIVESTED  OF  ALL
 RIGHTS  AND  TITLE  TO  SUCH  LANDS TRANSFERRED BY THE QUITCLAIM DEED OR
 RELEASED AND SHALL THEREAFTER NOT BE LIABLE FOR THE CARE, CUSTODY, MAIN-
 TENANCE AND CONTROL THEREOF. THIS SECTION SHALL NOT LIMIT  ANY  EXISTING
 RIGHTS  OF  BURIAL,  OR REMOVAL OF REMAINS UNDER OTHER PROVISIONS OF LAW
 APPLICABLE THERETO.
   § 2799-MMMMM. PROCEDURE FOR CONSTRUCTION OF RESERVOIRS, DAMS AND OTHER
 FLOOD MITIGATION STRUCTURES. 1. PRELIMINARY PLANS, SPECIFICATIONS, MAPS,
 STATEMENTS AND ESTIMATES ARE REQUIRED AS FOLLOWS:
   (A) IF THE AUTHORITY SHALL DETERMINE AS A PART OF AN OFFICIAL PLAN  OR
 BEFORE  THE  OFFICIAL PLAN HAS BEEN PREPARED THAT THE PUBLIC INTEREST OR
 WELFARE REQUIRES THAT A RESERVOIR, DAM OR OTHER FLOOD MITIGATION  STRUC-
 TURE  SHOULD BE CONSTRUCTED FOR THE REGULATION OF THE FLOW OF A RIVER OR
 RIVERS, STREAM OR STREAMS OF  THE  OSWEGO  RIVER  BASIN,  OR  ANY  OTHER
 PORTION  OF  SUCH BASIN, IT SHALL CAUSE TO BE PREPARED PRELIMINARY PLANS
 AND SPECIFICATIONS OF SUCH RESERVOIR,  DAM  OR  OTHER  FLOOD  MITIGATION
 S. 7649                            17
 
 STRUCTURE  WITH  ESTIMATES  OF  THE  TOTAL COST THEREOF, TOGETHER WITH A
 SURVEY OF THE LANDS UPON WHICH THE SAME IS TO BE CONSTRUCTED, GIVING THE
 LOCATION THEREOF, AND OF ALL LANDS TO BE TAKEN, FLOWED OR DAMAGED,  WITH
 A  DESCRIPTION  BY  SURVEY  OR  OTHERWISE,  SHOWING  THE AMOUNT OF LANDS
 BELONGING TO THE STATE AND TO PERSONS OR  PUBLIC  CORPORATIONS  AND  THE
 AMOUNT OF LANDS OF THE STATE IN THE FOREST PRESERVE AFFECTED THEREBY.
   (B)  THE  AUTHORITY  SHALL  CREATE  A  MAP SHOWING ALL SUCH LANDS, THE
 NUMBER OF ACRES IN EACH SEPARATE TRACT, AND THE NAMES OF THE OWNERS  AND
 OCCUPANTS  THEREOF,  SO FAR AS THE AUTHORITY CAN ASCERTAIN SUCH INFORMA-
 TION. SUCH MAPS SHALL ALSO SHOW THE HIGH  FLOW  LINES  OF  THE  PROPOSED
 RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE, IF APPLICABLE.
   (C)  THE  AUTHORITY  SHALL  ALSO  PREPARE A STATEMENT OF THE AMOUNT OF
 WATERPOWER, IF ANY, WHICH CONSISTENT WITH THE PROPER REGULATION  OF  THE
 FLOW  OF  THE  RIVER  OR STREAM MAY BE DEVELOPED AT OR BY REASON OF SUCH
 RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE BY THE WITHDRAWAL  OF
 WATER  FOR  POWER  PURPOSES  DIRECTLY  THEREFROM WITH AN ESTIMATE OF THE
 VALUE THEREOF. THE AUTHORITY SHALL ALSO PREPARE A STATEMENT SHOWING  THE
 PUBLIC  CORPORATIONS  AND  LOCALITY  OF  LANDS  TO  BE BENEFITED BY SUCH
 IMPROVEMENT AND HOW AND WHETHER THE STATE WILL BE BENEFITED THEREBY  AND
 THE PUBLIC NECESSITY FOR THE IMPROVEMENT.
   (D)  IN THE EVENT THAT ANY OF THE REAL ESTATE REQUIRED FOR SUCH RESER-
 VOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE SHALL BELONG TO THE STATE,
 THE VALUE THEREOF SHALL BE DETERMINED IN THE APPLICABLE  ESTIMATES,  AND
 IN THE EVENT THAT SUCH LAND IS OUTSIDE THE FOREST PRESERVE AND THE STATE
 IS  CHARGEABLE  WITH ANY PROPORTION OF THE EXPENSES, SUCH VALUE SHALL BE
 DEDUCTED FROM THE AMOUNT TO BE PAID BY IT, AND SHALL BE CHARGEABLE AS  A
 PART OF THE EXPENSES OF THE IMPROVEMENT.
   (E)  WHEN  THE  AUTHORITY SHALL HAVE COMPLETED SUCH PRELIMINARY PLANS,
 MAPS, SPECIFICATIONS, ESTIMATES AND STATEMENTS, IT SHALL VOTE BY  RESOL-
 UTION  ON  SUCH  PRELIMINARY  PLANS, MAPS, SPECIFICATIONS, ESTIMATES AND
 STATEMENTS. THE AUTHORITY SHALL FILE SUCH PRELIMINARY PLANS, MAPS, SPEC-
 IFICATIONS, ESTIMATES AND STATEMENTS SO APPROVED IN THE  OFFICE  OF  THE
 COUNTY  CLERK OF EACH COUNTY HAVING LANDS WITHIN THE OSWEGO RIVER BASIN,
 AND MAKE THEM AVAILABLE ON THE WEBSITE OF THE AUTHORITY.
   2. UPON THE COMPLETION AND FILING OF  SUCH  PRELIMINARY  PLANS,  MAPS,
 SPECIFICATIONS,  ESTIMATES AND STATEMENTS PURSUANT TO SUBDIVISION ONE OF
 THIS SECTION, THE AUTHORITY SHALL GIVE NOTICE OF SUCH FILING  AND  SHALL
 HOLD  HEARINGS  THEREON  IN  THE  MANNER SET BY THE AUTHORITY THAT SHALL
 INCLUDE AT LEAST TWO PUBLIC HEARINGS AND  OFFER  AT  LEAST  ONE  HUNDRED
 TWENTY DAYS OF PUBLIC COMMENT.
   3. UPON THE COMPLETION OF SUCH HEARINGS, THE AUTHORITY SHALL DETERMINE
 WHETHER  THE  PUBLIC  WELFARE  REQUIRES  THAT  SUCH PROPOSED IMPROVEMENT
 SHOULD BE PROCEEDED WITH, AND WHAT, IF ANY, MODIFICATIONS SHOULD BE MADE
 IN SUCH PLANS, MAPS, SPECIFICATIONS, ESTIMATES AND  STATEMENTS.  IF  THE
 AUTHORITY  SHALL  DETERMINE THAT SUCH MAPS, PLANS, SPECIFICATIONS, ESTI-
 MATES AND STATEMENTS SHOULD BE MODIFIED IN ANY RESPECT, IT SHALL CERTIFY
 ITS PROPOSED MODIFICATIONS. IF THE AUTHORITY SHALL  DETERMINE  THAT  THE
 PROPOSED  RESERVOIR,  DAM  OR  OTHER FLOOD MITIGATION STRUCTURE SHALL BE
 MADE, IT SHALL MAKE A FINAL ORDER DIRECTING THE SAME  TO  BE  MADE,  AND
 SHALL CAUSE SUCH FINAL ORDER OR CERTIFIED COPIES THEREOF TO BE FILED AND
 RECORDED  IN  THE OFFICE OF THE COUNTY CLERK OF EACH COUNTY IN WHICH ANY
 LANDS WITHIN THE OSWEGO RIVER BASIN ARE LOCATED, AND MADE  AVAILABLE  ON
 THE  WEBSITE  OF THE AUTHORITY, AND NOTICE SHALL HAVE BEEN DETERMINED TO
 BE PROVIDED BY PUBLICATION OF THE MAKING AND FILING OF SUCH FINAL ORDER.
   4. ANY PERSON OR PUBLIC CORPORATION AFFECTED BY ANY  DETERMINATION  OF
 THE AUTHORITY MAY REVIEW SUCH FINAL DETERMINATION IN THE MANNER PROVIDED
 S. 7649                            18
 
 BY  ARTICLE  SEVENTY-EIGHT  OF  THE CIVIL PRACTICE LAW AND RULES. UNLESS
 APPLICATION SHALL BE MADE FOR SUCH REVIEW WITHIN SIXTY  DAYS  AFTER  THE
 FILING  OF  THE FINAL ORDER, THE PLANS, MAPS, SPECIFICATIONS, STATEMENTS
 AND ESTIMATES SHALL BE THE ESTABLISHED AND FINAL PLANS, MAPS, SPECIFICA-
 TIONS,  STATEMENTS  AND  ESTIMATES OF SUCH RESERVOIR, DAM OR OTHER FLOOD
 MITIGATION STRUCTURE.  IN THE EVENT THAT UPON SUCH REVIEW THERE SHALL BE
 ANY MODIFICATION BY THE COURT OF THE FINAL ORDER, MAPS, PLANS,  SPECIFI-
 CATIONS,  STATEMENTS AND ESTIMATES, THE COURT SHALL DIRECT THE MODIFICA-
 TION THEREOF BY ORDER, AND THE AUTHORITY SHALL CAUSE SUCH  ORDER  TO  BE
 FILED  AND  RECORDED  IN  EACH PLACE WHERE THE FINAL ORDER WAS FILED AND
 RECORDED, AND MADE AVAILABLE ON THE WEBSITE OF THE AUTHORITY. NO  REVIEW
 OF  THE  FINAL DETERMINATION OF THE AUTHORITY SHALL BE HAD UNLESS AT THE
 TIME OF THE APPLICATION FOR REVIEW  THE  PERSON  OR  PUBLIC  CORPORATION
 SEEKING  SUCH  REVIEW  SHALL GIVE AN UNDERTAKING APPROVED BY THE SUPREME
 COURT OR A JUSTICE THEREOF, AS TO FORM, AMOUNT, AND SUFFICIENCY OR SURE-
 TIES THAT IN THE EVENT OF FAILURE TO  MODIFY  THE  FINAL  DETERMINATION,
 SUCH  PERSON  OR  PUBLIC  CORPORATION WILL PAY TO THE AUTHORITY ALL SUCH
 COSTS AND EXPENSES AS ARE INCURRED  BY  IT  ON  ACCOUNT  OF  THE  REVIEW
 PROCEEDINGS, AS SHALL BE DETERMINED BY THE COURT.
   5.  THE  AUTHORITY  SHALL HAVE POWER TO MAKE SUCH CHANGES IN THE FINAL
 MAPS, PLANS AND ORDER AS THE NATURE OF THE WORK  MAY  REQUIRE,  PROVIDED
 THAT THE AUTHORITY SHALL GIVE NOTICE AND SHALL GIVE A HEARING THEREON AS
 PREVIOUSLY  HELD  AND  THE  SAME PROCEEDINGS SHALL BE HAD AS PROVIDED BY
 SUBDIVISIONS TWO, THREE AND FOUR OF THIS SECTION, AND MADE AVAILABLE  ON
 THE WEBSITE OF THE AUTHORITY.
   6.  IN  THE  EVENT THAT IN ANY SUCH PLANS, ESTIMATES AND STATEMENTS, A
 CHARGE IS MADE AGAINST THE STATE FOR ANY SHARE OF THE  EXPENSES  OF  THE
 PROPOSED RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE, NOT INCLUD-
 ING  SUCH  PRELIMINARY  EXPENSES  AS MAY HAVE BEEN NECESSARY OR EXPENSES
 CONSISTING ONLY OF ASSESSMENTS AGAINST THE STATE ON ACCOUNT OF  BENEFITS
 FROM  THE  IMPROVEMENT, NO SUCH RESERVOIR, DAM OR OTHER FLOOD MITIGATION
 STRUCTURE SHALL BE MADE UNDER THIS TITLE  PURSUANT  TO  ANY  SUCH  FINAL
 ORDER  UNTIL  THE  LEGISLATURE  SHALL  MAKE  AN APPROPRIATION TO PAY THE
 STATE'S SHARE OF SUCH EXPENSES. THE SUM SO APPROPRIATED  SHALL  BE  PAID
 INTO THE GENERAL FUND OF THE AUTHORITY FOR WHICH IT IS APPROPRIATED.
   7. WHEN ANY SUCH FINAL ORDER SHALL HAVE BEEN MADE, AND THE LEGISLATURE
 SHALL HAVE MADE AN APPROPRIATION FOR ANY SHARE OF THE EXPENSE PAYABLE BY
 THE  STATE,  IF  ANY,  THE AUTHORITY SHALL PROCEED TO THE ACQUISITION OF
 SUCH REAL ESTATE AS MAY BE NECESSARY FOR THE  CONSTRUCTION,  MAINTENANCE
 AND  OPERATION  OF  SUCH RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUC-
 TURE.  WHEN PROCEEDINGS ARE TAKEN UNDER  THE  EMINENT  DOMAIN  PROCEDURE
 LAW,  THE  AUTHORITY  SHALL FILE IN THE COMPTROLLER'S OFFICE A CERTIFIED
 COPY OF THE FINAL ORDER PROVIDED FOR IN  THE  EMINENT  DOMAIN  PROCEDURE
 LAW,  AND  A CERTIFIED COPY OF THE JUDGMENT THEREIN RENDERED PURSUANT TO
 THE EMINENT DOMAIN PROCEDURE LAW, TOGETHER WITH THE CERTIFICATE  OF  THE
 ATTORNEY  GENERAL  THAT NO APPEAL FROM SUCH FINAL ORDER AND JUDGMENT HAS
 BEEN MADE, OR WILL BE TAKEN BY THE STATE,  OR  IF  AN  APPEAL  HAS  BEEN
 TAKEN,  A  CERTIFIED  COPY OF THE FINAL JUDGMENT OF THE APPELLATE COURT.
 PAYMENTS OF THE AMOUNT DUE UPON  SUCH  FINAL  ORDER  AND  JUDGMENT  WITH
 INTEREST FROM THE DATE OF THE JUDGMENT UNTIL THIRTY DAYS AFTER THE ENTRY
 OF  SUCH FINAL ORDER AND JUDGMENT, AND PAYMENTS FOR REAL ESTATE TAKEN BY
 AGREEMENT, SHALL BE MADE FROM THE GENERAL FUND OF THE AUTHORITY.
   8. CONSTRUCTION WORK  SHALL  BE  UNDERTAKEN  IN  ACCORDANCE  WITH  THE
 FOLLOWING PROVISIONS:
   (A)  AFTER  ANY  SUCH  FINAL  ORDER  SHALL HAVE BEEN MADE AND FILED AS
 PROVIDED  PURSUANT  TO  THIS  SECTION,  THE  AUTHORITY  MAY  PROCEED  TO
 S. 7649                            19
 
 CONSTRUCT THE WORK ACCORDING TO THE APPLICABLE PLANS AND SPECIFICATIONS.
 ALL  SUCH  WORK  SHALL BE DONE PURSUANT TO A CONTRACT OR CONTRACTS WHICH
 SHALL BE AWARDED 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 OPINION THE BEST  INTERESTS  OF
 THE  AUTHORITY  WILL  THEREBY BE PROMOTED. PROVIDED FURTHER, 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 CHAIR AND THE CHAIR'S SUBORDINATES  AS  AGENTS  FOR,
 AND  AT THE EXPENSE OF, THE AUTHORITY. A SEALED PROPOSAL MAY BE ACCEPTED
 THROUGH AN ELECTRONIC PLATFORM ESTABLISHED OR  USED  BY  THE  AUTHORITY,
 PROVIDED  THAT ANY SEALED PROPOSAL RECEIVED ELECTRONICALLY SHALL BE MADE
 PUBLIC AT THE SAME TIME AS ANY COMPETING PAPER  PROPOSAL,  AND  PROVIDED
 FURTHER  THAT THE AUTHORITY SHALL, AT MINIMUM, PROVIDE THE SAME OPPORTU-
 NITY AND TIME FOR SUBMITTING SEALED PROPOSALS PHYSICALLY AS  FOR  SEALED
 PROPOSALS SUBMITTED ELECTRONICALLY AND SHALL PROVIDE THE OPPORTUNITY FOR
 BIDDERS  TO SUBMIT SEALED PROPOSALS PHYSICALLY ANY TIME THAT IT PROVIDES
 THE OPPORTUNITY TO SUBMIT SEALED ELECTRONIC PROPOSALS. IN ADDITION,  THE
 AUTHORITY  SHALL  ESTABLISH  A  PROCESS  FOR ACCOMMODATING FORCE MAJEURE
 EVENTS THAT PREVENT THE SUBMISSION  OF  A  SEALED  ELECTRONIC  PROPOSAL,
 INCLUDING  BUT  NOT LIMITED TO INTERNET AND POWER OUTAGE EVENTS, AND FOR
 AUTOMATICALLY CONFIRMING  RECEIPT  OF  ANY  SEALED  ELECTRONIC  PROPOSAL
 RECEIVED.  ALL  BIDDERS  SHALL  BE NOTIFIED OF THE TIME AND PLACE OF ANY
 SUCH ADJOURNMENT OR REJECTION.
   (B) EVERY PROPOSAL SHALL BE ACCOMPANIED BY A DEPOSIT IN THE FORM OF  A
 CERTIFIED CHECK UPON SOME NATIONAL OR STATE BANK OR TRUST COMPANY WITHIN
 THE  STATE IN GOOD CREDIT AND PAYABLE TO THE AUTHORITY FOR FIVE PER CENT
 OF THE AMOUNT OF THE PROPOSAL. IN THE EVENT THE PROPOSER  TO  WHOM  SUCH
 CONTRACT  SHALL  BE  AWARDED  SHALL  FAIL  OR  REFUSE TO ENTER INTO SUCH
 CONTRACT WITHIN THE TIME FIXED BY THE AUTHORITY, SUCH DEPOSIT  SHALL  BE
 FORFEITED  TO  THE  AUTHORITY  AND  PAID  INTO  AND BECOME A PART OF THE
 AUTHORITY'S GENERAL FUND. IN THE EVENT THE CONTRACT BE MADE SUCH DEPOSIT
 SHALL BE RETURNED TO THE CONTRACTOR.
   (C) BEFORE ENTERING INTO ANY SUCH CONTRACT,  A  BOND  WITH  SUFFICIENT
 SURETIES  APPROVED  BY THE AUTHORITY SHALL BE REQUIRED, ON THE CONDITION
 THAT THE CONTRACTOR SHALL PERFORM ALL WORK WITHIN THE TIME PRESCRIBED IN
 AND IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS, AND WILL PAY TO THE
 STATE AND THE AUTHORITY ALL DAMAGES,  COSTS  AND  EXPENSES  SUFFERED  OR
 INCURRED  BY REASON OF THE NEGLECT OR DEFAULT OF SUCH CONTRACTOR OR SUCH
 CONTRACTOR'S EMPLOYEES OR  ANY  SUBCONTRACTOR  OR  SUCH  SUBCONTRACTOR'S
 EMPLOYEES  IN  THE  PERFORMANCE  OF  SUCH CONTRACT OR IN DOING SUCH WORK
 THEREUNDER.
   (D) SUCH CONTRACT MAY PROVIDE FOR PARTIAL PAYMENTS  TO  BE  MADE  FROM
 TIME  TO TIME UPON THE CERTIFICATE OF THE ENGINEER IN CHARGE OF THE WORK
 AFTER DUE INSPECTION THEREOF FOR AN AMOUNT NOT EXCEEDING NINETY  PERCENT
 OF THE CONTRACT PRICE FOR THE WORK ACTUALLY DONE AS SHOWN BY THE CERTIF-
 ICATE. SUCH CERTIFICATE SHALL STATE THE AMOUNT OF THE WORK PERFORMED AND
 ITS  TOTAL  VALUE, AT THE PRICE FIXED BY SUCH CONTRACT, BUT IN ALL CASES
 NOT LESS THAN TEN PERCENT  OF  THE  ESTIMATE  THUS  CERTIFIED  SHALL  BE
 RETAINED UNTIL THE CONTRACT IS COMPLETED AND APPROVED BY THE ENGINEER IN
 CHARGE OF THE WORK AND BY THE AUTHORITY.
   (E)  THE  AUTHORITY  MAY  DIVIDE THE WORK INTO SEVERAL PARTS AND AWARD
 SEPARATE CONTRACTS THEREFOR. IF THE ESTIMATED COST OF ANY PART  OF  SUCH
 WORK  DOES  NOT  EXCEED ONE MILLION DOLLARS, THE AUTHORITY MAY BY RESOL-
 S. 7649                            20
 
 UTION PROCEED TO DO SUCH PART OF SUCH WORK BY ITS OWN FORCES  OR  OTHER-
 WISE.
   (F)  THE AUTHORITY MAY, SUBJECT TO COORDINATION WITH AND APPROVAL FROM
 THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,  DISPOSE  OF  MERCHANTABLE
 TIMBER  AND SALABLE WOOD ON STATE LAND. NO RESERVOIR, DAM OR OTHER FLOOD
 MITIGATION STRUCTURE SHALL BE CONSTRUCTED UNTIL  PROCEDURES  SHALL  HAVE
 BEEN  MADE  BY THE AUTHORITY FOR THE CLEARING FROM THE RESERVOIR, DAM OR
 OTHER FLOOD MITIGATION STRUCTURE SITE  OF  ALL  TIMBER  AND  ALL  TIMBER
 GROWTH  ON LANDS TO BE FLOWED, WHICH SUCH TIMBER AND TIMBER GROWTH SHALL
 BE REMOVED BY THE AUTHORITY BY  CONTRACT  OR  OTHERWISE.  THE  AUTHORITY
 SHALL  NOT  PERMIT  ANY STUMP HIGHER THAN TWELVE INCHES ABOVE THE BED OF
 THE RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE ADJACENT  THERETO
 TO REMAIN UPON A RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE SITE
 ABOVE  THE LOW FLOW LINE OF THE RESERVOIR, DAM OR OTHER FLOOD MITIGATION
 STRUCTURE, IF APPLICABLE.
   (G) ALL MERCHANTABLE TIMBER AND SALABLE  WOOD  ON  STATE  LAND  TO  BE
 FLOWED  SHALL  BE  SOLD BY THE AUTHORITY IN SUCH MANNER AS IT SHALL DEEM
 BEST FOR THE INTERESTS  OF  THE  STATE  AND  IN  COORDINATION  WITH  AND
 APPROVED  BY  THE  DEPARTMENT  OF  ENVIRONMENTAL CONSERVATION, BUT IN NO
 EVENT FOR A SUM LESS THAN ITS FAIR MARKET VALUE, PROVIDED, HOWEVER, THAT
 THE AUTHORITY MAY IN ITS DISCRETION SELL ANY SUCH MERCHANTABLE TIMBER OR
 SALABLE WOOD AT PUBLIC AUCTION AFTER DUE ADVERTISEMENT. THE PROCEEDS  OF
 ANY  SALE  OR  DISPOSITION  LESS THE EXPENSES THEREOF AND THE REASONABLE
 COST OF INSPECTING, SCALING, LUMBERING,  CUTTING  AND  PILING,  IF  ANY,
 INCURRED  BY  THE  AUTHORITY, SHALL BE PAID INTO THE GENERAL FUND OF THE
 STATE. THE AUTHORITY, IN COORDINATION WITH AND APPROVED BY  THE  DEPART-
 MENT  OF  ENVIRONMENTAL CONSERVATION MAY DESIGNATE THE TREES OR KINDS OF
 TREES TO BE CONSIDERED MERCHANTABLE TIMBER OR SALABLE WOOD.
   (H) IN PREPARATION OF THE RESERVOIR, DAM  OR  OTHER  FLOOD  MITIGATION
 STRUCTURE  SITE, THE AUTHORITY SHALL DO SUCH WORK AS MAY BE NECESSARY TO
 PREVENT STAGNANT POOLS ABOVE THE LOW FLOW LINE THEREOF.
   § 2799-NNNNN. OPERATION OF RESERVOIRS, DAMS OR OTHER FLOOD  MITIGATION
 STRUCTURES.  1.   THE AUTHORITY SHALL NOT PERMIT THE WATER IN ANY RESER-
 VOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE CONSTRUCTED, OWNED,  OPER-
 ATED, CONTROLLED OR REGULATED UNDER THE PROVISIONS OF THIS TITLE TO RISE
 ABOVE THE HIGH FLOW LINE THEREOF, EXCEPT DURING FLOODS OR OTHER EMERGEN-
 CIES,  AND  IF  DURING  FLOODS OR OTHER EMERGENCIES THE WATER SHALL RISE
 ABOVE SUCH HIGH FLOW LINE  THE  AUTHORITY  SHALL  IMMEDIATELY  OPEN  THE
 OUTLET  GATES IN SUCH RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE
 AND TAKE SUCH OTHER ACTIONS AS MAY BE NECESSARY TO LOWER  THE  WATER  TO
 THE  HIGH  FLOW  LINE  OF  SUCH RESERVOIR, DAM OR OTHER FLOOD MITIGATION
 STRUCTURE WITH THE LEAST PRACTICABLE DELAY. THE AUTHORITY SHALL KEEP  AN
 ACCURATE  AND, SO FAR AS PRACTICABLE, CONTINUOUS RECORD OF THE HEIGHT OF
 WATER IN EACH RESERVOIR, DAM OR OTHER  FLOOD  MITIGATION  STRUCTURE  AND
 SHALL INSTALL AND MAINTAIN AT SUITABLE PLACES SUCH GAUGES OR INSTRUMENTS
 AS  MAY  BE  NECESSARY  THEREFOR.  SUCH  CONTINUOUS RECORD SHALL BE MADE
 AVAILABLE ON THE WEBSITE OF THE AUTHORITY.
   2. EXCEPT FOR INSPECTIONS OR REPAIRS WHICH ARE  NECESSARY,  NO  RESER-
 VOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE SHALL AT ANY TIME BE DRAWN
 OFF  BELOW  THE  LOW  FLOW LINE, OR TO SUCH EXTENT AS TO EXPOSE ISOLATED
 POOLS WHICH MAY CAUSE UNSANITARY CONDITIONS,  UNLESS  DUE  PROVISION  IS
 MADE  FOR DRAINING SUCH POOLS INTO THE LOWEST WATER LEVEL OF SUCH RESER-
 VOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE. IT SHALL BE UNLAWFUL  FOR
 ANY  OFFICER  OR  PERSON  IN CHARGE OF ANY RESERVOIR, DAM OR OTHER FLOOD
 MITIGATION STRUCTURE TO VIOLATE THE PROVISIONS OF THIS SECTION.
 S. 7649                            21
 
   3. IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPEN OR CLOSE OR CAUSE TO BE
 OPENED OR CLOSED A GATE OR GATES IN ANY RESERVOIR, DAM  OR  OTHER  FLOOD
 MITIGATION  STRUCTURE  CONSTRUCTED, OWNED, OPERATED, CONTROLLED OR REGU-
 LATED PURSUANT TO THE PROVISIONS OF THIS TITLE WITHOUT  THE  CONSENT  OF
 THE AUTHORITY, OR FOR ANY PERSON TO INTERFERE IN ANY WAY WITH THE OPERA-
 TION OF, OR CAUSE DAMAGE TO, DAM OR OTHER FLOOD MITIGATION STRUCTURE.
   4.  WHEN  THE  FLOW OF A RIVER USED FOR THE OPERATION OF A POWER PLANT
 FALLS BELOW THE AVERAGE NORMAL FLOW THEREOF, THE  NATURAL  FLOW  OF  THE
 RIVER  AT  A  RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE THEREON
 SHALL NOT BE RESTRICTED WITHOUT THE CONSENT OF THE OWNER OF  SUCH  POWER
 PLANT.
   5.  NO  RESERVOIR,  DAM  OR  OTHER FLOOD MITIGATION STRUCTURE SHALL BE
 CONSTRUCTED PURSUANT TO THE PROVISIONS  OF  THIS  TITLE  OF  A  CAPACITY
 GREATER THAN IS REQUIRED TO MAINTAIN THE AVERAGE FLOW.
   6. THE EXPENSE OF MAINTENANCE AND OPERATION OF ANY EXISTING RESERVOIR,
 DAM OR OTHER FLOOD MITIGATION STRUCTURE SHALL BE PAID PURSUANT TO EXIST-
 ING LAW UNTIL SUCH RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE IS
 TAKEN  OVER  BY  THE AUTHORITY PURSUANT TO THE PROVISIONS OF THIS TITLE,
 AND THEREAFTER SUCH EXPENSE SHALL BE PAID PURSUANT TO THE PROVISIONS  OF
 THIS  TITLE  FOR  THE  MAINTENANCE  AND OPERATION OF A RESERVOIR, DAM OR
 OTHER FLOOD MITIGATION STRUCTURE.
   7. A HOLDER OF A LICENSE ISSUED UNDER THE FEDERAL POWER ACT  SHALL  BE
 EXEMPTED  FROM  THE  REQUIREMENTS OF THIS SECTION UNLESS AN AGREEMENT OR
 CONTRACT HAS BEEN MADE BETWEEN SUCH HOLDER AND THE AUTHORITY.
   § 2799-OOOOO. APPORTIONMENT OF COST. 1. THE AUTHORITY SHALL,  AS  SOON
 AS PRACTICABLE, PREPARE AN ESTIMATE OF THE TOTAL COST OF SUCH RESERVOIR,
 DAM OR OTHER FLOOD MITIGATION STRUCTURE, OR COMBINATION THEREOF, INCLUD-
 ING  INTEREST  ON  CERTIFICATES OF INDEBTEDNESS ISSUED PRIOR TO THE DATE
 THE LOCAL FINANCE LAW TOOK EFFECT, OR ON NOTES TO THE  MATURITY  THEREOF
 AND  COMPENSATION  FOR  REAL  ESTATE  AND ALL DAMAGES SUFFERED BY REASON
 THEREOF AND ALL EXPENSES NECESSARILY  INCURRED  OR  TO  BE  INCURRED  IN
 CONNECTION  THEREWITH,  AND SHALL MAKE A COMPLETE AND VERIFIED STATEMENT
 THEREOF.
   2. THE AUTHORITY SHALL THEN APPORTION SUCH COST, LESS THE AMOUNT WHICH
 MAY BE CHARGEABLE TO  THE  STATE,  AMONG  THE  PUBLIC  CORPORATIONS  AND
 PARCELS OF REAL ESTATE BENEFITED, IN PROPORTION TO THE AMOUNT OF BENEFIT
 WHICH  WILL  INURE  TO  EACH  SUCH PUBLIC CORPORATION AND PARCEL OF REAL
 ESTATE BY REASON OF SUCH RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUC-
 TURE, OR COMBINATION THEREOF. SUCH APPORTIONMENT SHALL BE MADE IN  WRIT-
 ING  AND  SHALL  SHOW  THE  NAME  OF EACH PUBLIC CORPORATION AND A BRIEF
 DESCRIPTION OF EACH PARCEL OF REAL ESTATE BENEFITED,  THE  NAME  OF  THE
 OWNER,  OR  OWNERS, OF EACH SUCH PARCEL OF REAL ESTATE, SO FAR AS CAN BE
 ASCERTAINED, THE PROPORTION OF SUCH COST LESS THE AMOUNT  WHICH  MAY  BE
 CHARGEABLE  TO THE STATE TO BE BORNE BY EACH, EXPRESSED IN DECIMALS, AND
 THE AMOUNT TO BE PAID BY EACH SUCH PUBLIC CORPORATION OR  THE  OWNER  OR
 OWNERS OF EACH SUCH PARCEL OF REAL ESTATE.
   3.  SUCH AMOUNT SHALL BE DETERMINED BY MULTIPLYING THE TOTAL COST LESS
 THE AMOUNT WHICH MAY BE CHARGEABLE TO THE STATE BY  THE  DECIMAL  AMOUNT
 REPRESENTING  THE  PROPORTION  THEREOF TO BE BORNE BY EACH PUBLIC CORPO-
 RATION OR PARCEL OF REAL ESTATE.
   4. THE AUTHORITY, BEFORE MAKING SUCH  APPORTIONMENT,  SHALL  VIEW  THE
 PREMISES  AND PUBLIC CORPORATIONS BENEFITED. SUCH APPORTIONMENT SHALL BE
 APPROVED BY THE AUTHORITY.  UPON SUCH APPROVAL BY THE AUTHORITY, A  COPY
 THEREOF SHALL BE SERVED UPON THE CHAIR OR OTHER PRESIDING OFFICER OF THE
 COUNTY  LEGISLATIVE  BODY  OF  EACH  COUNTY, THE MAYOR OF EACH CITY, THE
 SUPERVISOR OF EACH TOWN, AND THE MAYOR OF EACH  VILLAGE,  NAMED  IN  THE
 S. 7649                            22
 
 APPORTIONMENT,  OR  IF  SERVICE CANNOT BE HAD UPON SUCH CHAIR, MAYOR, OR
 SUPERVISOR, THEN UPON A MEMBER OF THE COUNTY  LEGISLATIVE  BODY  OF  THE
 COUNTY, A COUNCILMEMBER OF THE CITY OR MEMBER OF THE GOVERNING AUTHORITY
 THEREOF, A MEMBER OF THE TOWN AUTHORITY OF THE TOWN, OR A TRUSTEE OF THE
 VILLAGE,  AND  SHALL  BE FILED IN THE OFFICE OF THE COUNTY CLERK OF EACH
 COUNTY IN WHICH ANY PUBLIC CORPORATION OR REAL PROPERTY THEREBY AFFECTED
 IS LOCATED. AFTER SUCH SERVICE AND  FILING  OF  SUCH  APPORTIONMENT  AND
 DETERMINATION,  NOTICE SHALL BE GIVEN BY THE AUTHORITY OF PUBLICATION OF
 A TIME AND PLACE WHERE THE AUTHORITY WILL MEET TO HEAR ANY PUBLIC CORPO-
 RATION OR PERSON AGGRIEVED BY THE SAME.  THE  AFFIDAVIT  OF  THE  PERSON
 SERVING  OR  PUBLISHING SUCH NOTICE SHALL BE EVIDENCE OF SUCH SERVICE OR
 PUBLICATION.
   5. THE AUTHORITY SHALL MEET AT THE TIME AND PLACE  SPECIFIED  PURSUANT
 TO  SUBDIVISION  FOUR  OF  THIS  SECTION  AND SHALL HEAR ALL PERSONS AND
 PUBLIC CORPORATIONS INTERESTED IN OR AGGRIEVED BY SUCH APPORTIONMENT AND
 MAY APPROVE OR MODIFY THE SAME.  IF SUCH APPORTIONMENT AND DETERMINATION
 IS MODIFIED BY THE AUTHORITY IT SHALL NOT BECOME EFFECTIVE UNTIL  SERVED
 AND  FILED  IN THE SAME MANNER AS UPON THE COMPLETION OF THE SAME IN THE
 FIRST INSTANCE. ANY PUBLIC CORPORATION  OR  ANY  PERSON  DEEMING  TO  BE
 AGGRIEVED MAY, UPON NOTICE TO THE AUTHORITY, REVIEW THE DETERMINATION OF
 THE  AUTHORITY IN THE SAME MANNER AS A REVIEW OF THE DETERMINATION OF AN
 AUTHORITY OF ASSESSORS IN MAKING AN ASSESSMENT. SUCH  APPORTIONMENTS  AS
 SO  MODIFIED AND AS FURTHER MODIFIED BY ANY FINAL JUDGMENT OR ORDER MADE
 IN PROCEEDINGS TO REVIEW THE SAME AS HEREIN PROVIDED SHALL BE FINAL  AND
 CONCLUSIVE.
   6.  THE AMOUNT OF THE TOTAL COST AND EXPENSE OF SUCH RESERVOIR, DAM OR
 OTHER FLOOD MITIGATION STRUCTURE, OR COMBINATION THEREOF, AND THE  MAIN-
 TENANCE  AND  OPERATION  THEREOF  INCLUDING  THE  AMOUNT OF A REASONABLE
 RETURN TO THE STATE AS HEREIN  PROVIDED  FOR,  WHICH  EACH  SUCH  PUBLIC
 CORPORATION AND EACH SUCH PARCEL OF REAL ESTATE IS TO PAY AND BE RESPON-
 SIBLE  FOR  SHALL  BE BASED UPON THE PROPORTION OF COST AS DETERMINED IN
 SUCH APPORTIONMENT. IF THE TOTAL COST OF SUCH RESERVOIR,  DAM  OR  OTHER
 FLOOD  MITIGATION  STRUCTURE  SHALL  EXCEED THE ESTIMATE MADE AND APPOR-
 TIONED AS PROVIDED PURSUANT TO THIS TITLE, THE  AMOUNT  OF  SUCH  EXCESS
 COST,  LESS  THE  AMOUNT  WHICH MAY BE CHARGEABLE TO THE STATE, SHALL BE
 APPORTIONED AMONG THE PUBLIC CORPORATIONS AND  PARCELS  OF  REAL  ESTATE
 BENEFITED,  BY AN ADDITIONAL APPORTIONMENT TO BE MADE IN THE SAME MANNER
 AND BY THE SAME PROCEDURE AS THE ORIGINAL APPORTIONMENT,  AND  SHALL  BE
 LEVIED,  ASSESSED  AND COLLECTED IN THE MANNER PROVIDED IN SECTION TWEN-
 TY-SEVEN HUNDRED NINETY-NINE-PPPPP OF THIS TITLE.    SUCH  APPORTIONMENT
 AND  DETERMINATION, WHEN MADE, SHALL ALSO BE DEEMED TO FIX AND DETERMINE
 THE APPORTIONMENT AND THE  BASIS  OF  APPORTIONMENT  OF  ALL  SUBSEQUENT
 EXPENSES  TO BE INCURRED IN THE MAINTENANCE AND OPERATION OF SUCH RESER-
 VOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE, INCLUDING THE AMOUNT OF A
 REASONABLE RETURN TO THE STATE, IF ANY, AS PROVIDED FOR IN THIS TITLE.
   7. IF POWERS BE DEVELOPED AFTER SUCH APPORTIONMENT HAS BEEN MADE OR IF
 FOR ANY OTHER REASON ANY PUBLIC CORPORATION OR ANY PARCEL OF REAL ESTATE
 BECOMES LIABLE EQUITABLY FOR  SUCH  SUBSEQUENT  EXPENSES,  A  SUBSEQUENT
 APPORTIONMENT  MAY  BE  MADE  IN THE SAME MANNER AND SUBJECT TO THE SAME
 REVIEW AS THE ORIGINAL APPORTIONMENT. PROVIDED, HOWEVER, THAT BEFORE ANY
 SUCH APPORTIONMENT OF COSTS OR ANY ASSESSMENT IS MADE BY THE  AUTHORITY,
 PUBLIC  CORPORATIONS  OR  OWNERS  OF  PROPERTY  LIABLE  FOR THE SAME MAY
 EXECUTE AND DELIVER TO THE AUTHORITY A CONSENT,  EXECUTED  AND  ACKNOWL-
 EDGED  IN LIKE MANNER AS A DEED, BY WHICH THEY ACKNOWLEDGE THAT THEY ARE
 THE PUBLIC CORPORATIONS AND OWNERS OF PROPERTY BENEFITED BY THE IMPROVE-
 MENT AND CONSENT TO BEAR THE  COST  THEREOF,  LESS  ANY  SUM  PREVIOUSLY
 S. 7649                            23
 
 APPROPRIATED  BY  THE STATE THEREFOR, TOGETHER WITH CHARGES PROVIDED FOR
 IN SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-QQQQQ OF THIS TITLE, AND  TO
 HAVE THE SAME ASSESSED AGAINST THEM OR THEIR PROPERTY AS PROVIDED FOR IN
 THIS  TITLE.    SUCH  CONSENT  MAY  ALSO  PROVIDE, AS A CONDITION OF ITS
 ACCEPTANCE BY THE AUTHORITY, FOR THE BASIS ON WHICH THE  ASSESSMENT  FOR
 THE IMPROVEMENT SHALL BE MADE UPON THE PARTIES CONSENTING.
   8. THE AUTHORITY MAY ACCEPT OR REJECT SUCH CONSENT. IF IT ACCEPTS SUCH
 CONSENT  IT  SHALL,  BY  RESOLUTION,  PROVIDE FOR THE LEVY OF THE ENTIRE
 ASSESSMENT UPON THE PUBLIC CORPORATIONS  AND  PROPERTY  OF  THE  PARTIES
 FILING  SUCH  CONSENT, ON THE BASIS OF BENEFITS RECEIVED, IF ANY, DETER-
 MINED BY THE TERMS OF THE CONSENT, OR IF NO BASIS OF ASSESSMENT BE FIXED
 BY THE CONSENT, ON THE BASIS OF THE BENEFITS SHARED BY SUCH  PARTIES  IN
 THE  MANNER  PROVIDED  IN THIS TITLE. IF SUCH CONSENT BE ACCEPTED BY THE
 AUTHORITY, A CERTIFIED COPY THEREOF SHALL BE FILED BY THE  AUTHORITY  IN
 THE OFFICE OF THE COUNTY CLERK OF EACH COUNTY IN WHICH ANY PUBLIC CORPO-
 RATION  OR  REAL  PROPERTY  AFFECTED BY THE ASSESSMENT IS LOCATED.  SUCH
 CONSENT, WHEN EXECUTED BY A PUBLIC CORPORATION, SHALL BE  AUTHORIZED  BY
 THE GOVERNING BODY THEREOF.
   §  2799-PPPPP.  ASSESSMENTS;  HOW  LEVIED  AND COLLECTED. 1. AFTER THE
 APPORTIONMENT OF COST HAS BEEN MADE AND FILED  IN  ACCORDANCE  WITH  THE
 PROVISIONS  OF  SECTION  TWENTY-SEVEN  HUNDRED NINETY-NINE-OOOOO OF THIS
 TITLE, THE AUTHORITY SHALL PREPARE A STATEMENT SHOWING THE NAME OF  EACH
 PUBLIC CORPORATION AND A DESCRIPTION OF EACH PARCEL OF REAL ESTATE BENE-
 FITED  BY  SUCH  RESERVOIR,  DAM OR OTHER FLOOD MITIGATION STRUCTURE, OR
 COMBINATION THEREOF, AND THE AMOUNT TO BE BORNE BY EACH AS DETERMINED IN
 SUCH APPORTIONMENT. THE AUTHORITY SHALL ALSO DETERMINE AND STATE WHETHER
 THE AMOUNTS SHALL BE PAID IN ONE LUMP SUM OR IN ANNUAL INSTALLMENTS,  IN
 SUCH AMOUNTS AS THE AUTHORITY SHALL ANNUALLY DETERMINE TO BE NECESSARY.
   2.  A  COPY  OF  SUCH  STATEMENT  DULY  VERIFIED UNDER THE SEAL OF THE
 AUTHORITY SHALL BE FILED WITH THE CLERK OF EACH COUNTY, TOWN, VILLAGE OR
 CITY AFFECTED OR CONTAINING ANY REAL  ESTATE  WHICH  IS  BENEFITED.  THE
 CLERK OF EVERY SUCH COUNTY, CITY, TOWN OR VILLAGE SHALL MAKE AND DELIVER
 TO THE LEGISLATIVE BODY OF SUCH COUNTY, THE COMMON COUNCIL OF SUCH CITY,
 THE  AUTHORITY  OF  TRUSTEES  OF SUCH VILLAGE, AND THE ASSESSORS OF SUCH
 COUNTY, TOWN, CITY OR VILLAGE A COPY OF SUCH STATEMENT.
   3. THE COUNTY LEGISLATIVE BODY OF EVERY SUCH  COUNTY  SHALL  LEVY  AND
 ASSESS  UPON  SUCH COUNTY AND UPON EACH TOWN SPECIFIED IN SUCH STATEMENT
 THE AMOUNT OF SUCH COST AND EXPENSE WHICH IN SUCH STATEMENT IS CERTIFIED
 TO BE THE PROPORTION THEREOF WHICH SHOULD BE BORNE  BY  SUCH  COUNTY  OR
 SUCH  TOWN AS A WHOLE, AND THE COMMON COUNCIL OR OTHER GOVERNING BODY OF
 EACH CITY AND THE AUTHORITY OF TRUSTEES OF EVERY SUCH VILLAGE  SHALL  IN
 LIKE  MANNER  LEVY  AND ASSESS UPON SUCH CITY AND VILLAGE, RESPECTIVELY,
 THE AMOUNT OF SUCH COST AND EXPENSE WHICH IN SUCH STATEMENT IS CERTIFIED
 TO BE THE PROPORTION THEREOF WHICH SHOULD BE  BORNE  BY  SUCH  CITY  AND
 VILLAGE.  THE ASSESSORS OF EACH TOWN OR CITY, CONTAINING INDIVIDUAL REAL
 ESTATE UPON WHICH A PROPORTION OF SUCH COST IS ASSESSED, SHALL ENTER  ON
 A SEPARATE PAGE OF THEIR ASSESSMENT ROLL A STATEMENT OF THE TOTAL AMOUNT
 TO BE PAID BY THE OWNER OF SUCH INDIVIDUAL REAL ESTATE, A DESCRIPTION OF
 EACH  PARCEL AND WHAT CONSTITUTES REAL ESTATE AS SUCH TERM IS DEFINED IN
 THIS TITLE AND THE AMOUNT CHARGEABLE THERETO, AS CONTAINED IN THE STATE-
 MENT FILED. THE COUNTY LEGISLATIVE BODY  OF  EACH  COUNTY  WHEREIN  SUCH
 PROPERTY  OR  LAND  IS  SITUATE  SHALL LEVY AND ASSESS AGAINST EACH SUCH
 PARCEL AND EACH SUCH PIECE OF REAL ESTATE THE AMOUNT  SPECIFIED  IN  THE
 STATEMENT,  AND  SHALL BY THEIR WARRANT DIRECT THE COLLECTION THEREOF IN
 THE SAME  MANNER  AND  BY  THE  SAME  PROCEDURE  AS  GENERAL  TAXES  ARE
 COLLECTED. IN THE CASE IT IS DETERMINED THAT THE AMOUNT IS TO BE PAID IN
 S. 7649                            24
 
 ANNUAL INSTALLMENTS, THE COUNTY LEGISLATIVE BODY OR THE ASSESSORS OF THE
 CITY,  TOWN  OR  VILLAGE,  AS THE CASE MAY BE, SHALL ANNUALLY ASSESS THE
 ANNUAL INSTALLMENT TO BE PAID BY SUCH COUNTY, CITY, TOWN OR  VILLAGE  IN
 THE  MANNER  PROVIDED  BY  THIS  SECTION UNTIL THE WHOLE AMOUNT SHALL BE
 PAID.
   4. UPON THE ASSESSMENT OF THE COST AS PROVIDED IN  THIS  SECTION,  THE
 AMOUNTS  APPORTIONED  AND  ASSESSED  SHALL  BE  PAID  AND REMAIN CHARGES
 AGAINST THE SEVERAL PUBLIC CORPORATIONS AND LIENS UPON THE SEVERAL PROP-
 ERTIES CHARGED THEREWITH, UNTIL PAID OR OTHERWISE REMOVED,  SUPERIOR  IN
 FORCE  AND  EFFECT  TO  ALL OTHER LIENS EXCEPT UNPAID GENERAL TAXES. ALL
 MONEYS COLLECTED UNDER THE PROVISIONS OF THIS SECTION SHALL BE  PAID  TO
 THE  COUNTY TREASURER OF THE COUNTY BENEFITED OR THE COUNTY IN WHICH THE
 TOWN, CITY, VILLAGE OR REAL ESTATE IS LOCATED WHO SHALL PAY THE SAME  ON
 OR  BEFORE  THE FIRST DAY OF JUNE IN EACH YEAR TO THE STATE COMPTROLLER,
 WHO SHALL DEPOSIT SUCH AMOUNT IN DEPOSITORY BANKS TO THE CREDIT  OF  THE
 SEVERAL  FUNDS OF SUCH AUTHORITY AS HEREIN PROVIDED. IN THE EVENT IT HAS
 BEEN DETERMINED THAT THE COST  OF  THE  IMPROVEMENT  SHALL  BE  PAID  IN
 INSTALLMENTS,  INTEREST  FOR ONE YEAR AT A RATE NOT HIGHER THAN THE RATE
 OF INTEREST SECURED BY THE OBLIGATIONS  TO  WHICH  THE  ASSESSMENTS  ARE
 APPLICABLE, AND NOT MORE THAN SUFFICIENT TO PAY THE SAME, SHALL BE ADDED
 TO  THE  AMOUNT OF EACH INSTALLMENT, ON THE COST OF THE IMPROVEMENT LESS
 THE INSTALLMENT OR INSTALLMENTS PREVIOUSLY LEVIED OR  ASSESSED,  AND  BE
 COLLECTED  IN THE SAME MANNER PROVIDED FOR THE COLLECTION OF THE PRINCI-
 PAL OF THE ASSESSMENT. IN THE CASE OF DEFAULT OF PAYMENT OF  ASSESSMENTS
 OR ANY INSTALLMENT THEREOF LEVIED AS HEREIN PROVIDED, THE SAME PENALTIES
 SHALL BE COLLECTED AS ARE PROVIDED IN THE CASE OF FAILURE TO PAY GENERAL
 TAXES  WITHIN  THE  TIME  PRESCRIBED BY LAW, AND WHEN COLLECTED SHALL BE
 DEEMED A PART OF THE ASSESSMENT.
   5. IF THE ASSESSMENT, TOGETHER WITH THE  AMOUNT  APPROPRIATED  BY  THE
 STATE,  BE INSUFFICIENT TO PAY THE OBLIGATIONS ISSUED ON ACCOUNT OF SUCH
 IMPROVEMENT, THE AUTHORITY SHALL MAKE A NEW ASSESSMENT  OR  ASSESSMENTS,
 AS  THE CASE MAY BE, TO MAKE UP THE DEFICIENCY, AND THE OWNER AND HOLDER
 OF ANY OBLIGATIONS ISSUED UNDER THIS TITLE  MAY  BY  APPROPRIATE  REMEDY
 COMPEL THE ASSESSMENT OF SUCH DEFICIENCY.
   6. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION,
 ALL MONEYS REQUIRED TO BE COLLECTED UNDER THE PROVISIONS OF THIS SECTION
 MAY  BE  PAID  DIRECTLY  TO THE AUTHORITY, PROVIDED SUCH PAYMENT IS MADE
 PRIOR TO THE THIRTY-FIRST DAY OF  OCTOBER  OF  THE  YEAR  IN  WHICH  THE
 ASSESSMENT  IS  LEVIED.  ANY  DIRECT  PAYMENTS RECEIVED BY THE AUTHORITY
 SHALL BE FORWARDED BY THE AUTHORITY TO THE STATE COMPTROLLER, WHO  SHALL
 DEPOSIT  SUCH  PAYMENTS IN DEPOSITORY BANKS TO THE CREDIT OF THE SEVERAL
 FUNDS OF SUCH AUTHORITY AS HEREIN PROVIDED. UPON  RECEIPT  OF  ANY  SUCH
 DIRECT PAYMENTS, THE AUTHORITY SHALL NOTIFY THE APPROPRIATE COUNTY TREA-
 SURER  TO WHOM SUCH PAYMENTS WOULD HAVE BEEN MADE UNDER SUBDIVISION FOUR
 OF THIS SECTION, HAD DIRECT PAYMENT NOT BEEN MADE TO THE AUTHORITY.  ALL
 MONEYS  REQUIRED  TO BE COLLECTED AND NOT PAID DIRECTLY TO THE AUTHORITY
 BY THE THIRTY-FIRST DAY OF OCTOBER OF THE YEAR IN WHICH  THE  ASSESSMENT
 IS  LEVIED  SHALL  BE  PAYABLE TO THE COUNTY TREASURER AS PROVIDED UNDER
 SUBDIVISION FOUR OF THIS SECTION AND SHALL BE SUBJECT TO A  SERVICE  FEE
 OF ONE PERCENT OF THE TOTAL AMOUNT ASSESSED, WHICH SHALL BE ADDED TO THE
 AMOUNT  TO  BE COLLECTED AND WHICH SHALL BE IN ADDITION TO ANY PENALTIES
 WHICH MAY BE IMPOSED IN THE CASE OF FAILURE TO PAY GENERAL TAXES  WITHIN
 THE  TIME  PRESCRIBED BY LAW AND WHEN COLLECTED, SUCH PENALTIES SHALL BE
 DEEMED A PART OF THE ASSESSMENT. ALL SERVICE FEES  COLLECTED  BY  COUNTY
 TREASURERS  PURSUANT TO THIS SUBDIVISION SHALL BE RETAINED BY THE COUNTY
 TREASURER AND DEPOSITED IN THE GENERAL FUND OF THE COUNTY, PROVIDED  THE
 S. 7649                            25
 
 MONEYS  COLLECTED  UNDER THE ANNUAL ASSESSMENT INSTALLMENT SHALL BE PAID
 TO THE STATE COMPTROLLER WITHIN THIRTY DAYS OF  THEIR  RECEIPT  BY  SUCH
 COUNTY  TREASURER.  OTHERWISE,  THE  COUNTY TREASURER SHALL PAY OVER THE
 ENTIRE SERVICE FEE COLLECTED TO THE STATE COMPTROLLER FOR DEPOSIT TO THE
 CREDIT  OF  THE  SEVERAL  FUNDS  OF  THE AUTHORITY IN THE SAME MANNER AS
 MONEYS COLLECTED  UNDER  THE  ANNUAL  INSTALLMENTS  OF  THE  ASSESSMENTS
 PROVIDED FOR HEREIN.
   §  2799-QQQQQ.  OPERATION  AND  MAINTENANCE  CHARGES. 1. THE AUTHORITY
 SHALL MAKE AN ESTIMATE OF AN AMOUNT SUFFICIENT TO PAY THE EXPENSE OF THE
 MAINTENANCE AND OPERATION OF THE WORKS ERECTED PURSUANT TO  THIS  TITLE,
 INCLUDING  INTEREST  ON  TEMPORARY  CERTIFICATES  OF INDEBTEDNESS ISSUED
 PRIOR TO THE DATE THE LOCAL FINANCE LAW TOOK EFFECT. A REASONABLE RETURN
 TO THE STATE UPON THE VALUE OF THE RIGHTS AND PROPERTY OF THE STATE USED
 SHALL MEAN SIX PERCENT UPON THE VALUE OF THE LANDS FLOWED, EXCLUSIVE  OF
 MERCHANTABLE  TIMBER  AND  SALABLE  WOOD REMOVED THEREFROM FOR WHICH THE
 STATE SHALL HAVE BEEN PAID AS PROVIDED BY SUBDIVISION EIGHT  OF  SECTION
 TWENTY-SEVEN  HUNDRED  NINETY-NINE-NNNNN OF THIS TITLE. THE VALUE OF THE
 SERVICES OF THE STATE RENDERED SHALL BE CONSTRUED  TO  MEAN  THE  ACTUAL
 COST THEREOF.
   2. ANY AMOUNT SO ESTIMATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
 SHALL  BE THE ESTIMATED AMOUNT REQUIRED FOR SUCH PURPOSES EACH YEAR, AND
 WHEN FIXED AND DETERMINED SHALL BE THE AMOUNT THEREOF FOR  A  PERIOD  OF
 THREE  YEARS.    THE AMOUNT SHALL BE ADJUSTABLE AT THE END OF ANY THREE-
 YEAR TERM. THE AMOUNT LESS ANY PART THEREOF TO  BE  PAID  BY  THE  STATE
 SHALL  BE  THE  AMOUNT  TO  BE ANNUALLY COLLECTED FOR SUCH PURPOSES, AND
 SHALL BE APPORTIONED UPON THE PUBLIC CORPORATIONS AND REAL ESTATE  BENE-
 FITED  ACCORDING  TO  THE  BENEFITS  DERIVED THEREFROM RESPECTIVELY, AND
 SHALL BE LEVIED, ASSESSED AND COLLECTED IN THE SAME MANNER AS  THE  COST
 AND  EXPENSES OF THE RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE,
 OR COMBINATION THEREOF, AS PROVIDED IN THIS TITLE TO BE LEVIED, ASSESSED
 AND COLLECTED.
   3. SUCH ESTIMATES AND DETERMINATIONS AS FROM TIME TO  TIME  FIXED  AND
 DETERMINED  BY  THE AUTHORITY MAY UPON APPLICATION OF ANY PARTY AFFECTED
 THEREBY BE REVIEWED IN THE MANNER PROVIDED BY ARTICLE  SEVENTY-EIGHT  OF
 THE  CIVIL  PRACTICE  LAW AND RULES BY THE SUPREME COURT OF THE JUDICIAL
 DISTRICT IN WHICH THE RESERVOIR, DAM OR OTHER  FLOOD  MITIGATION  STRUC-
 TURE,  OR  COMBINATION  THEREOF,  IS  LOCATED.  UPON THE HEARING ON SUCH
 APPLICATION FOR REVIEW, THE COURT SHALL TAKE  THE  TESTIMONY  AND  OTHER
 PROOFS OF THE PARTIES AND MAY MAKE AN ORDER AFFIRMING, VACATING OR MODI-
 FYING ANY SUCH ESTIMATE AND DETERMINATION.
   §  2799-RRRRR.  ERROR IN NAMES. NO ERROR IN THE NAMES OF THE OWNERS OF
 REAL ESTATE, OR IN  THE  DESCRIPTIONS  THEREOF,  SHALL  INVALIDATE  SUCH
 APPORTIONMENT OR THE LEVYING OF ASSESSMENTS OR TAXES BASED ON SUCH ERROR
 IF SUFFICIENT DESCRIPTION IS GIVEN TO IDENTIFY SUCH REAL ESTATE, AND THE
 OWNERS THEREOF.
   §  2799-SSSSS. FINANCING. 1. AFTER THE COST OF ANY IMPROVEMENT MADE OR
 TO BE MADE PURSUANT TO THIS TITLE HAS BEEN APPORTIONED AMONG THE  PUBLIC
 CORPORATIONS  AND PARCELS OF REAL ESTATE BENEFITED AND AFTER SUCH APPOR-
 TIONMENT HAS BEEN ASSESSED UPON SUCH PUBLIC CORPORATIONS AND PARCELS  OF
 REAL  ESTATE, THE AUTHORITY MAY FINANCE THE COST OF ANY SUCH IMPROVEMENT
 IN ACCORDANCE WITH THE LOCAL FINANCE LAW.  ANY  BONDS  ISSUED  FOR  SUCH
 PURPOSES  SHALL NOT BE CONSTRUED, IN ANY EVENT, AS BONDS OR INDEBTEDNESS
 OF THE STATE, AND THE STATE SHALL NOT BE OBLIGATED TO PAY THE  PRINCIPAL
 OR  INTEREST  ON  SUCH BONDS. SUCH BONDS SHALL BE LAWFUL INVESTMENTS FOR
 TRUSTEES AND SAVINGS BANKS OF THE STATE AND FOR ANY OF THE FUNDS OF  THE
 STATE WHICH BY LAW MAY BE INVESTED.
 S. 7649                            26
 
   2.  THE  AUTHORITY  SHALL  ANNUALLY  INCLUDE IN THE INSTALLMENT OF THE
 ASSESSMENT TO BE COLLECTED IN SUCH YEAR A SUM SUFFICIENT TO PROVIDE  FOR
 THE  PAYMENT  OF THE PRINCIPAL OF AND INTEREST ON OBLIGATIONS ISSUED FOR
 SUCH PURPOSES AND MATURING IN SUCH YEAR.
   3.  THE PROCEEDS OF THE SALE OF OBLIGATIONS ISSUED FOR THE PURPOSES OF
 THIS TITLE, TOGETHER WITH ALL OTHER REVENUES OF THE AUTHORITY FROM OTHER
 SOURCES, SHALL BE DEPOSITED IN A NATIONAL OR  STATE  BANK  OR  BANKS  OR
 TRUST  COMPANY  OR  TRUST COMPANIES IN ALBANY OR WITHIN THE OSWEGO RIVER
 BASIN  AS  ARE  APPROVED  BY  THE  STATE  COMPTROLLER,  SUBJECT  TO  THE
 PROVISIONS  OF  SECTION 165.00 OF THE LOCAL FINANCE LAW. BEFORE ANY SUCH
 DEPOSIT IS MADE, THE STATE COMPTROLLER SHALL REQUIRE FROM ANY SUCH  BANK
 OR TRUST COMPANY SECURITY FOR REPAYMENT OF THE SAME TO SUCH AUTHORITY OR
 TO  THE  STATE COMPTROLLER UPON DEMAND FOR THE MONEY SO DEPOSITED IN THE
 MANNER PROVIDED IN SECTION ONE HUNDRED SIX OF THE STATE FINANCE LAW. FOR
 PURPOSES OF THIS TITLE, THE "GENERAL FUND" OF THE AUTHORITY  SHALL  MEAN
 AND CONSIST OF ALL MONEYS RECEIVED BY THE AUTHORITY UNDER THE PROVISIONS
 OF  THIS  TITLE,  EXCEPT  FROM  ASSESSMENTS  LEVIED  TO  PAY THE COST OF
 CONSTRUCTION.
   4. ALL MONEYS RECEIVED FROM ASSESSMENTS LEVIED  TO  PAY  THE  COST  OF
 CONSTRUCTION,  TOGETHER  WITH  SUCH  PART  OF ANY SURPLUS IN THE GENERAL
 FUND, AS SHALL BE DETERMINED  BY  THE  AUTHORITY,  OVER  AND  ABOVE  THE
 REQUIREMENTS  FOR  THE  CONSTRUCTION,  MAINTENANCE  AND OPERATION OF THE
 RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE, OR COMBINATION THER-
 EOF, INCLUDING THE AMOUNT RAISED FOR A REASONABLE RETURN TO  THE  STATE,
 SHALL CONSTITUTE A SEPARATE FUND TO BE KNOWN AS THE "DEBT SERVICE FUND",
 FOR  THE  PURPOSES  OF  THIS  TITLE. THE MONEYS IN THE DEBT SERVICE FUND
 SHALL BE APPLIED TO THE PAYMENT OF PRINCIPAL OF AND  INTEREST  ON  OBLI-
 GATIONS  ISSUED  FOR  THE  PURPOSES OF THIS TITLE, EXCEPT WHEN THE TOTAL
 COST OF CONSTRUCTION IS PAID WITHOUT THE  ISSUANCE  OF  OBLIGATIONS,  IN
 WHICH  CASE THE MONEYS APPLICABLE THERETO SHALL BE PAID INTO THE GENERAL
 FUND. ANY INSTALLMENT OR INSTALLMENTS  OF  THE  ASSESSMENT  WHICH  SHALL
 BECOME  PAYABLE BEFORE ANY OBLIGATIONS HAVE BEEN ISSUED SHALL BE PAID BY
 THE STATE COMPTROLLER INTO THE GENERAL FUND AND APPLIED TO  THE  PAYMENT
 OF  THE COST OF CONSTRUCTION.  THE STATE COMPTROLLER SHALL BE AUTHORIZED
 AND DIRECTED TO PAY FROM THE DEBT SERVICE  FUND  THE  PRINCIPAL  OF  AND
 INTEREST ON OBLIGATIONS ISSUED FOR THE PURPOSES OF THIS TITLE.
   5.  ALL  MONEYS IN THE DEBT SERVICE FUND SHALL BE APPLIED BY THE STATE
 COMPTROLLER TO THE PAYMENT OF THE PRINCIPAL  OF  AND  INTEREST  ON  SUCH
 OBLIGATIONS  EXCEPT  AS  OTHERWISE  STATED  IN  THIS SECTION, AND TO THE
 PURCHASE OF THE SAME IN THE OPEN MARKET WHEN POSSIBLE, AND WHILE  AWAIT-
 ING  SUCH  PURCHASE SUCH EXCESS SHALL BE INVESTED OR KEPT AT INTEREST IN
 THE SAME MANNER AS SINKING  FUNDS  OF  THE  STATE  OF  LIKE  NATURE  ARE
 INVESTED.  IF  ANY  MONEYS  REMAIN  IN  THE  DEBT SERVICE FUND AFTER ALL
 OUTSTANDING OBLIGATIONS HAVE BEEN PAID  UP  AND  REDEEMED,  SUCH  MONEYS
 SHALL  BE PAID INTO THE GENERAL FUND AND MAY BE USED TO PAY THE COSTS OF
 MAINTENANCE, OPERATION AND OTHER EXPENSES.
   6. THE AUTHORITY MAY INVEST AND REINVEST ANY  MONEYS  OF  THE  GENERAL
 FUND  WHICH  ARE  NOT  REQUIRED  TO  BE DEPOSITED IN ACCORDANCE WITH THE
 PROVISIONS OF SECTION 165.00 OF THE LOCAL FINANCE LAW. ANY SUCH  INVEST-
 MENTS  SHALL  BE  MADE ONLY IN OBLIGATIONS OF THE FEDERAL GOVERNMENT AND
 THE STATE OF NEW YORK, AND IN CERTIFICATES OF DEPOSIT OF BANKS OR  TRUST
 COMPANIES  OR  IN BANK OR TRUST ACCOUNTS OF BANKS IN THIS STATE, SECURED
 BY OBLIGATIONS OF THE UNITED STATES OF AMERICA OR OF THE  STATE  OF  NEW
 YORK  OF  A MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF THE DEPOSIT
 AND WITH THE APPROVAL OF THE STATE COMPTROLLER. THE AUTHORITY  MAY  SELL
 AND  DISPOSE OF ANY SECURITIES PURCHASED FOR INVESTMENT PURSUANT TO THIS
 S. 7649                            27
 
 SECTION AT ANY TIME WITH THE CONSENT OF THE STATE COMPTROLLER,  AND  THE
 PROCEEDS THEREOF SHALL BE PAID TO THE STATE COMPTROLLER AND DEPOSITED IN
 THE GENERAL FUND.
   7.  ANY  OBLIGATIONS PURCHASED FOR INVESTMENT PURSUANT TO THIS SECTION
 SHALL BE DELIVERED BY THE SELLER TO THE STATE COMPTROLLER, WHO SHALL  BE
 THE  CUSTODIAN THEREOF UNTIL THE SAME ARE SOLD OR OTHERWISE DISPOSED OF.
 THE STATE COMPTROLLER SHALL ALSO COLLECT THE INCOME OF SUCH  INVESTMENTS
 AND DEPOSIT SUCH INCOME IN THE GENERAL FUND.
   8.  ALL  PAYMENTS FROM THE GENERAL FUND OF THE AUTHORITY SHALL BE MADE
 BY REQUISITION OF AND SIGNED BY THE AUTHORITY AND AUDITED  AND  COUNTER-
 SIGNED BY THE STATE COMPTROLLER.
   9.  THE AUTHORITY SHALL KEEP A COMPLETE RECORD OF ITS FINANCIAL TRANS-
 ACTIONS, AND SHALL BE AUDITED FROM TIME TO TIME BY THE STATE COMPTROLLER
 AS DEEMED NECESSARY.
   § 2799-TTTTT. REPORTS. 1. THE AUTHORITY SHALL,  ON  JANUARY  FIRST  OF
 EACH YEAR, SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE
 AND THE SPEAKER OF THE ASSEMBLY A WRITTEN REPORT, WHICH SHALL CONTAIN:
   (A)  A COMPLETE LIST OF THE PERSONNEL OF THE AUTHORITY, AND ALL OF THE
 EMPLOYEES AND PERSONS CONNECTED WITH THE AUTHORITY;
   (B) A  FINANCIAL  STATEMENT  SHOWING  CLEARLY  AND  CONSPICUOUSLY  THE
 FINANCES  OF  THE  AUTHORITY,  THE  AMOUNTS AND DATES OF MATURITY OF ALL
 BONDS, NOTES AND CERTIFICATES OF  INDEBTEDNESS,  THE  AMOUNTS  OF  MONEY
 RECEIVED  AND FROM WHOM SUCH MONEY WAS RECEIVED FROM, AND THE AMOUNTS OF
 MONEY PAID AND PURPOSES FOR WHICH SAME WERE PAID;
   (C) A DESCRIPTIVE STATEMENT OF THE WORK DONE DURING THE PREVIOUS YEAR,
 INCLUDING BUT NOT LIMITED TO WORK DONE TO EFFECTUATE  THE  OSWEGO  RIVER
 BASIN  MANAGEMENT  PLAN,  AND  OTHER FLOOD MITIGATION OR EMERGENCY FLOOD
 RESPONSE WORK;
   (D) A STATEMENT OF ANY LANDS PURCHASED BY  THE  AUTHORITY  DURING  THE
 PREVIOUS  YEAR  AND  A SUMMARY OF TOTAL LANDS PURCHASED BY THE AUTHORITY
 FOR ALL PREVIOUSLY  REPORTED  YEARS  PURSUANT  TO  SECTION  TWENTY-SEVEN
 HUNDRED  NINETY-NINE-IIIII  OF THIS TITLE. ADDITIONALLY, THE REQUIREMENT
 OF THIS PARAGRAPH SHALL INCLUDE A STATEMENT OF  PROPERTY  IDENTIFIED  BY
 THE  AUTHORITY THAT MAY BE PURCHASED IN FUTURE YEARS THAT WOULD EFFECTU-
 ATE THE PURPOSES OF SECTION TWENTY-SEVEN  HUNDRED  NINETY-NINE-IIIII  OF
 THIS TITLE;
   (E)  A  STATEMENT  OF  THE CONDITION OF ALL RESERVOIRS, DAMS AND OTHER
 FLOOD MITIGATION STRUCTURES, AND THE RESULTS SECURED  BY  THE  OPERATION
 THEREOF IN EACH CASE;
   (F)  A  STATEMENT OF NORMAL AND FLOOD FLOWS, INCLUDING ALL CAPTURED OR
 COMPILED DATA, FROM THE PREVIOUS YEAR AND  A  STATEMENT  OF  NORMAL  AND
 FLOOD  FLOWS  OF  THE  PREVIOUS YEARS COMPARED TO NORMAL AND FLOOD FLOWS
 FROM ALL PREVIOUSLY REPORTED YEARS;
   (G) A STATEMENT OF THE WORK  COMPLETED  OR  ONGOING  AS  DONE  BY  THE
 COMMITTEE; AND
   (H)  A  STATEMENT OF ANY OSWEGO RIVER BASIN INTERGOVERNMENTAL COUNCILS
 FORMED OR ACTIVE, THE WORK COMPLETED OR ONGOING  AS  DONE  BY  ANY  SUCH
 COUNCIL  AND  THE  STATUS OF ANY COUNCIL FORMED DURING THE PREVIOUS YEAR
 AND DURING ANY PREVIOUSLY REPORTED YEARS.
   2. IN ADDITION TO PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,  THE
 AUTHORITY  SHALL  REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE AND THE SPEAKER OF THE ASSEMBLY SUCH OTHER MATTERS  AS  IT  SHALL
 DEEM NECESSARY OR THAT SHALL BE REQUIRED OF THE AUTHORITY.
   §  2799-UUUUU.  HEARINGS;  HEARING OFFICERS; DETERMINATIONS.  WHENEVER
 THE AUTHORITY SHALL MAKE A DETERMINATION PURSUANT TO THE  PROVISIONS  OF
 THIS TITLE, IT MAY HEAR TESTIMONY AND TAKE PROOFS WHICH ARE MATERIAL FOR
 S. 7649                            28
 
 ITS  INQUIRY  AND MAY APPOINT A HEARING OFFICER BY A WRITTEN APPOINTMENT
 FOR THAT PURPOSE. EVERY HEARING OFFICER SO APPOINTED SHALL BE AUTHORIZED
 TO TAKE SUCH TESTIMONY AND HEAR SUCH PROOFS AS MAY BE  MATERIAL  TO  THE
 INQUIRY  AND  REPORT  THE PROOFS AND TESTIMONY SO TAKEN, WITH SUCH OFFI-
 CER'S OPINION AS TO THE FACTS ESTABLISHED THEREBY, TO THE AUTHORITY. THE
 AUTHORITY MAY MAKE SUCH DETERMINATION  FROM  THE  PROOFS  AND  TESTIMONY
 TAKEN  BEFORE  IT  OR BEFORE SUCH HEARING OFFICER OR FROM ANY OTHER DATA
 WHICH SHALL BE DEEMED SATISFACTORY, AND  THE  EXPENSES  OF  TAKING  SUCH
 TESTIMONY  OR  PROOFS SHALL BE DEEMED TO BE A PART OF THE EXPENSE OF THE
 IMPROVEMENT TO WHICH IT RELATES.
   § 2799-VVVVV. TITLE NOT AFFECTED IF IN PART UNCONSTITUTIONAL OR  INEF-
 FECTIVE. IF ANY TERM OR PROVISION OF THIS TITLE SHALL BE DECLARED UNCON-
 STITUTIONAL  OR  INEFFECTIVE IN WHOLE OR IN PART BY A COURT OF COMPETENT
 JURISDICTION, THEN TO THE EXTENT THAT  IT  IS  NOT  UNCONSTITUTIONAL  OR
 INEFFECTIVE  SUCH  TERM  OR PROVISION SHALL BE ENFORCED AND EFFECTUATED,
 NOR SHALL SUCH DETERMINATION BE DEEMED TO INVALIDATE THE REMAINING TERMS
 OR PROVISIONS HEREOF.
   § 2799-WWWWW. ACTIONS AGAINST THE AUTHORITY. 1. IN ANY ACTION  FOUNDED
 UPON  TORT, A NOTICE OF CLAIM SHALL BE REQUIRED AS A CONDITION PRECEDENT
 TO THE COMMENCEMENT OF AN  ACTION  OR  SPECIAL  PROCEEDING  AGAINST  THE
 AUTHORITY  OR ANY OFFICER, APPOINTEE, AGENT OR EMPLOYEE THEREOF, AND THE
 PROVISIONS OF SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW SHALL  GOVERN
 THE  GIVING  OF  SUCH NOTICE. EXCEPT IN AN ACTION FOR WRONGFUL DEATH, AN
 ACTION AGAINST THE  AUTHORITY  FOR  DAMAGES  FOR  INJURIES  TO  REAL  OR
 PERSONAL PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJU-
 RIES,  ALLEGED  TO HAVE BEEN SUSTAINED, SHALL NOT BE COMMENCED MORE THAN
 ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION THEREFOR  SHALL  HAVE
 ACCRUED.
   2.  AN  ACTION  AGAINST  THE  AUTHORITY  FOR  WRONGFUL  DEATH SHALL BE
 COMMENCED IN ACCORDANCE WITH THE NOTICE OF  CLAIM  AND  TIME  LIMITATION
 PROVISIONS OF TITLE ELEVEN OF ARTICLE NINE OF THIS CHAPTER.
   §  2.  Paragraph (b) of subdivision 11 of section 310 of the executive
 law, as amended by chapter 463 of the laws of 2011, is amended  to  read
 as follows:
   (b)  a "state authority," as defined in subdivision one of section two
 of the public authorities law, and the following:
         Albany County Airport Authority;
         Albany Port District Commission;
         Alfred, Almond, Hornellsville Sewer Authority;
         Battery Park City Authority;
         Cayuga County Water and Sewer Authority;
         (Nelson A. Rockefeller) Empire State Plaza Performing Arts
           Center Corporation;
         Industrial Exhibit Authority;
         Livingston County Water and Sewer Authority;
         Long Island Power Authority;
         Long Island Rail Road;
         Long Island Market Authority;
         Manhattan and Bronx Surface Transit Operating Authority;
         Metro-North Commuter Railroad;
         Metropolitan Suburban Bus Authority;
         Metropolitan Transportation Authority;
         Natural Heritage Trust;
         New York City Transit Authority;
         New York Convention Center Operating Corporation;
         New York State Bridge Authority;
 S. 7649                            29
 
         New York State Olympic Regional Development Authority;
         New York State Thruway Authority;
         Niagara Falls Public Water Authority;
         Niagara Falls Water Board;
         OSWEGO RIVER BASIN AUTHORITY;
         Port of Oswego Authority;
         Power Authority of the State of New York;
         Roosevelt Island Operating Corporation;
         Schenectady Metroplex Development Authority;
         State Insurance Fund;
         Staten Island Rapid Transit Operating Authority;
         State University Construction Fund;
         Syracuse Regional Airport Authority;
         Triborough Bridge and Tunnel Authority.
         Upper Mohawk valley regional water board.
         Upper Mohawk valley regional water finance authority.
         Upper Mohawk valley memorial auditorium authority.
         Urban Development Corporation and its subsidiary corporations.
   §  3.  The  public  authorities law is amended by adding a new section
 1174 to read as follows:
   § 1174. COORDINATION WITH THE OSWEGO RIVER BASIN AUTHORITY.   NOTWITH-
 STANDING  ANY  PROVISION  OF  THIS  TITLE TO THE CONTRARY, THE AUTHORITY
 SHALL BE REQUIRED TO COORDINATE WITH THE OSWEGO RIVER  BASIN  AUTHORITY,
 AS  ESTABLISHED  BY  TITLE  THIRTY-SIX OF ARTICLE EIGHT OF THIS CHAPTER.
 FURTHERMORE, THE AUTHORITY SHALL IMMEDIATELY, UPON THE  REQUEST  OF  THE
 OSWEGO  RIVER BASIN AUTHORITY, CEDE ALL DUTIES AND POWERS RELATED TO THE
 EFFECTUATION OF THE GENERAL DUTIES AND POWERS ENUMERATED IN TITLE  THIR-
 TY-SIX  OF  ARTICLE  EIGHT  OF  THIS  CHAPTER  TO THE OSWEGO RIVER BASIN
 AUTHORITY IN ORDER TO MITIGATE FLOOD EVENTS IN THE OSWEGO  RIVER  BASIN,
 INCLUDING  BUT  NOT  LIMITED TO THE CONTROL, OPERATION, MAINTENANCE, AND
 ADJUSTMENT OF WATER LEVELS OF ALL RESERVOIRS, DAMS OR OTHER FLOOD  MITI-
 GATION  STRUCTURES  OWNED  OR  OPERATED  BY THE AUTHORITY. THE AUTHORITY
 SHALL REGAIN ALL POWERS AND DUTIES  CEDED  TO  THE  OSWEGO  RIVER  BASIN
 AUTHORITY AT THE END OF A FLOOD EVENT, AS DETERMINED BY THE OSWEGO RIVER
 BASIN AUTHORITY.
   §  4.  The  public  authorities law is amended by adding a new section
 1196-s to read as follows:
   §  1196-S.  COORDINATION  WITH  THE  OSWEGO  RIVER  BASIN   AUTHORITY.
 NOTWITHSTANDING ANY PROVISION OF THIS TITLE TO THE CONTRARY, AN AUTHORI-
 TY ESTABLISHED AND ORGANIZED UNDER THIS TITLE SHALL BE REQUIRED TO COOR-
 DINATE  WITH  THE  OSWEGO RIVER BASIN AUTHORITY, AS ESTABLISHED BY TITLE
 THIRTY-SIX OF ARTICLE EIGHT OF THIS CHAPTER. FURTHERMORE,  AN  AUTHORITY
 SHALL IMMEDIATELY, UPON THE REQUEST OF THE OSWEGO RIVER BASIN AUTHORITY,
 CEDE  ALL  DUTIES  AND POWERS RELATED TO THE EFFECTUATION OF THE GENERAL
 DUTIES AND POWERS ENUMERATED IN TITLE THIRTY-SIX  OF  ARTICLE  EIGHT  OF
 THIS  CHAPTER  TO  THE OSWEGO RIVER BASIN AUTHORITY IN ORDER TO MITIGATE
 FLOOD EVENTS IN THE OSWEGO RIVER BASIN, INCLUDING BUT NOT LIMITED TO THE
 CONTROL, OPERATION, MAINTENANCE, AND ADJUSTMENT OF WATER LEVELS  OF  ALL
 RESERVOIRS,  DAMS OR OTHER FLOOD MITIGATION STRUCTURES OWNED OR OPERATED
 BY AN AUTHORITY. SUCH AUTHORITY SHALL REGAIN ALL POWERS AND DUTIES CEDED
 TO THE OSWEGO RIVER BASIN AUTHORITY AT THE END  OF  A  FLOOD  EVENT,  AS
 DETERMINED BY THE OSWEGO RIVER BASIN AUTHORITY.
   §  5.  This act shall take effect immediately; provided, however, that
 the amendments to paragraph (b) of subdivision 11 of section 310 of  the
 executive  law  made  by  section  two  of this act shall not affect the
 repeal of such section and shall be deemed repealed therewith.