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SECTION 138-B
Functions, powers and duties
Canal (CAL) CHAPTER 5, ARTICLE 13-A
§ 138-b. Functions, powers and duties. The commission shall:

1. Develop, maintain and periodically revise a statewide canal
recreationway plan (hereinafter referred to as the "plan") for the canal
system. Such plan shall be developed in accordance with the provisions
of section one hundred thirty-eight-c of this article and shall be
submitted to the authority for its consideration no later than the first
day of June, nineteen hundred ninety-four.

2. Solicit input from counties intersecting or bordering the canal
system and incorporate it to the greatest degree practicable in the
development of the plan. In order to facilitate such incorporation
commission members representing each of the regional planning boards
shall request from and provide assistance to each county it represents
in the preparation of a county canal plan. Multi-county canal plans may
be requested by the regional planning board representative, as deemed
appropriate, in lieu of individual county canal plans. In a region where
a regional planning board does not exist, the commission shall solicit
county canal plans from each of the chief executive officers of those
counties outside the jurisdiction of a regional planning board. The
commission shall prescribe uniform guidelines concerning the format of
plans to be used by the regional planning board representatives to
assist counties in the preparation of county canal plans. The regional
planning board representative shall encourage the development of county
canal plans that reflect participation by diverse local interests by
seeking advice, to the extent possible, from individuals and
organizations from such counties with an interest in recreation, hunting
and fishing, the environment, canal related tourism businesses, historic
preservation and commercial development along the canal. In order to be
considered in the formulation of the plan, county canal plans must be
submitted to the commission not later than the first day of June,
nineteen hundred ninety-three.

3. Ensure public comment on the plan, including at least three public
hearings on the plan prior to submission of the plan to the authority.
The commission may also hold hearings on other matters it deems
appropriate.

4. If deemed appropriate, request that studies, surveys or analyses be
performed by the corporation, the departments of transportation,
economic development and environmental conservation and/or the office of
parks, recreation and historic preservation to assist in the
development, promotion, marketing and/or preservation of the canal
system or the preparation of the plan. At the request of the commission,
state agencies and public authorities shall cooperate fully and shall
provide requested information in a timely manner.

5. Advise and assist the corporation in carrying out its duties and
obligations related to the canal in the following manner:

a. evaluate and make recommendations for new operational, maintenance
and capital initiatives or projects to enhance the canal;

b. establish criteria and procedures for the review by the commission
for consistency with the canal recreationway plan of abandonments of
canal lands, canal terminals and canal terminal lands, and leases of
canal lands, canal terminals, and canal terminal lands proposed by the
corporation pursuant to article six-A of this chapter; provided,
however, that where local zoning laws and zoning ordinances are in
effect on lands proposed to be leased or on lands adjacent to those
lands proposed to be leased such review shall include, to the extent
practicable, the consideration of the compatibility of such leases with
the requirements of such local zoning laws and zoning ordinances; and
provided further that the commission may determine that certain
categories of leases do not require review;

c. submit to the corporation, the director of the budget and the
chairpersons of the senate finance committee and the assembly ways and
means committee, on the first day of October, nineteen hundred
ninety-two, and on or before the first day of August in each year
thereafter, a budget request for the operations of the commission. Such
request shall include provisions for staff services and other
administrative assistance as deemed necessary by the commission to
perform its functions and meet its responsibilities during the next
calendar year. The corporation shall provide staff services to the
commission and such other administrative assistance as may be necessary
for the commission to carry out its functions, powers and duties;

d. submit to the corporation, the director of the budget and the
chairpersons of the senate finance committee and the assembly ways and
means committee, on the first day of October, nineteen hundred
ninety-two, and on or before the first day of August in each year
thereafter, a budget request for the expenditure of funds available from
the canal fund, for the purposes established by section ninety-two-u of
the state finance law. Submissions made during the initial years shall
give funding priority for expenditures related to the development and/or
promotion of the canal system;

e. undertake a comprehensive study of alternative waterway and canal
toll and fee structures, including but not limited to, a comparative
analysis of other existing waterway and canal systems, the impact of
various toll and fee structures on recreational use, tourism, and
commercial activity; and the revenue implications for each of these
alternatives. The commission shall make recommendations to the authority
by the first day of April, nineteen hundred ninety-three, on appropriate
tolls and fees to be charged for the use of the canal system and shall
provide an update on the implementation of such recommendations by the
first day of April, nineteen hundred ninety-five; and

f. utilize information provided by the authority and other state
agencies and departments, pursuant to section ten of this chapter,
surveying canal lands within the Adirondack park and studying current
land uses, to make recommendations to the authority, no later than the
first day of June, nineteen hundred ninety-four, concerning the future
use of canal lands within the Adirondack park, including but not limited
to the utilization of existing properties under revocable permits; and
the identification of any property not needed for canal purposes that
may be transferred to the department of environmental conservation.

6. Establish committees as it deems appropriate on matters relating to
the commission's functions, powers and duties; such committees shall be
chaired by a commission member but may include persons not members of
the commission who provide expertise of interest specific to the charge
of such committee.

a. the commission shall create a temporary committee which shall
include the commissioner of the department of economic development and
the commissioner of the office of parks, recreation and historic
preservation or their representatives and others with appropriate
expertise to identify opportunities for achieving the economic
development potential of the recreationway and to make recommendations
for specific implementation of these opportunities, including
recommendations for marketing and promotion designed to attract
tourists.

b. the commission shall create a temporary committee, which may
include appropriately accredited professionals, to assess and report to
the authority on issues associated with managing the waters of the canal
system, including issues relating to recreational use, habitats and
flood prone areas.

7. Report on or before March thirty-first of each year commencing
nineteen hundred ninety-four to the corporation, the governor, the
temporary president of the senate and the speaker of the assembly on the
activities of the commission with respect to the functions, powers and
duties established in this section.