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This entry was published on 2021-12-17
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SECTION 138-A
Canal recreationway commission
Canal (CAL) CHAPTER 5, ARTICLE 13-A
§ 138-a. Canal recreationway commission. 1. There is hereby
established a canal recreationway commission (hereinafter referred to as
the "commission") consisting of the following members:

a. the chairman of the authority, the commissioner of transportation,
the commissioner of the office of parks, recreation and historic
preservation and the commissioner of environmental conservation, or
their representatives;

b. ten individuals involved in canal use, development, preservation or
enhancement and local governments from counties adjacent to or
intersected by the canal system appointed by the governor of whom three
shall be appointed at the recommendation of the temporary president of
the senate and three shall be appointed at the recommendation of the
speaker of the assembly. In appointing such members, the governor shall
ensure geographic representation from each of the canal sections
encompassing the canal system, including at least one representative
from counties in which the Erie, Champlain, Cayuga-Seneca, and Oswego
canals are located. In addition, individuals appointed to the commission
shall be broadly representative of the following areas of interest:
preservation of the environment, the operation of tour boats on the
canal, the operation of marinas on the canal, recreational trail users,
hunting and fishing, tourism promotion agencies as defined in section
one hundred sixty-two of the economic development law, historic
preservation, the commercial farming industry and the commercial
shipping industry, provided that with respect to appointment of an
individual representative of the commercial farming industry or
commercial shipping industry, such an individual may reside outside of a
county adjacent to or intersected by the canal system if such person
holds an ownership interest or senior managerial position in a
commercial farming firm or commercial shipping firm, respectively, which
regularly uses the canal system in furtherance of its business; and

c. the commissioner of economic development and the secretary of
state, or their representatives, and a member from each of the regional
planning boards, as established by articles five-G and twelve-B of the
general municipal law, whose region is intersected by the canal shall be
ex-officio, non-voting members of the commission and shall provide
technical expertise and advice to the commission as necessary.

2. The chairperson of the commission shall be the chairman of the
authority. The members of the commission may elect a secretary and other
necessary officers to serve for such a period as the members shall
decide.

3. Members of the commission, except commissioners of a state agency,
chairs of public authorities, the secretary of state, and
representatives of regional planning boards shall serve for a term of
four years and may be reappointed; however, of those members appointed
initially, three such members, one appointed by the governor, one
appointed by the temporary president of the senate and one appointed by
the speaker of the assembly shall be appointed for terms of two years,
and three such members, one appointed by the governor, one appointed by
the temporary president of the senate and one appointed by the speaker
of the assembly shall be appointed for terms of three years.

4. Any member, except a member who is a state official, after notice
and an opportunity to be heard, may be removed by the governor for
neglect of duty or misfeasance in office. Any member, except a member
who is a state official, who fails to attend three consecutive meetings
of the commission, unless excused by formal vote of the commission,
shall be deemed to have vacated his or her position.

5. Any vacancy in the commission shall be filled for the unexpired
term in the same manner as the original appointment.

6. A majority of the voting members of the commission then in office,
at least five of whom are not appointed pursuant to paragraph a of
subdivision one of this section, shall constitute a quorum for the
transaction of any business or the exercise of any power or function of
the commission. An act, determination or decision of the majority of the
members present and entitled to vote during the presence of a quorum
shall be held to be the act, determination or decision of the
commission.

7. The commission shall meet at least quarterly. Special meetings may
be called by its chairperson and shall be called by the chairperson at
the request of a majority of the members of the commission then in
office.

8. Members of the commission shall not receive compensation for their
services as members, but shall be allowed their actual and necessary
expenses incurred in the performance of their duties.