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SECTION 1005-B
New York state canal corporation
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 1
§ 1005-b. New York state canal corporation. 1. The public benefit
corporation known as the "New York state canal corporation" (hereinafter
referred to as the "canal corporation") created as a subsidiary
corporation of the New York state thruway authority pursuant to chapter
seven hundred sixty-six of the laws of nineteen hundred ninety-two is
hereby continued and reconstituted as a subsidiary corporation of the
authority and shall have only the power to operate, maintain, construct,
reconstruct, improve, develop, finance, and promote all of the canals,
canal lands, feeder canals, reservoirs, canal terminals, canal terminal
lands and other property under the jurisdiction of the canal corporation
pursuant to article one-A of the canal law (hereinafter referred to as
the "canal system"). Reference in any provision of law, general, special
or local, or in any rule, regulation or public document to the canal
corporation or the canal corporation as a subsidiary of the New York
state thruway authority shall be deemed to be and construed as a
reference to the canal corporation continued by this section.

2. The management and administration of the canal corporation shall be
an additional corporate purpose of the authority. To the extent that the
trustees deem it feasible and advisable, the authority may transfer to
the canal corporation any moneys, real, personal, or mixed property or
any personnel in order to carry out the purposes of this section,
provided that nothing in this section shall be deemed to require the
authority to apply any moneys, revenues or property or to take any
action in a manner that would be inconsistent with the provisions of any
bond or note resolution or any other contract with the holders of the
authority's bonds, notes or other obligations.

3. The canal corporation and any of its property, functions, and
activities shall have all of the privileges, immunities, tax exemptions
and other exemptions of the authority and of the authority's property,
functions, and activities. The canal corporation shall be subject to the
restrictions and limitations to which the authority may be subject. The
canal corporation may delegate to one or more of its members, or its
officers, agents and employees, such duties and powers as it may deem
proper.

4. Exclusive jurisdiction is conferred upon the court of claims to
hear and determine the claims of any person against the canal
corporation (a) for its tortious acts and those of its agents, and (b)
for breach of a contract, relating to construction, reconstruction,
improvement, maintenance or operation, in the same manner and to the
extent provided by and subject to the provisions of the court of claims
act with respect to claims against the state, and to make awards and
render judgments therefor. All awards and judgments arising from such
claims shall be paid out of moneys of the canal corporation.

5. The members of the canal corporation shall be the same persons
holding the offices of trustees of the authority.

6. No officer or member of the canal corporation shall receive any
additional compensation, either direct or indirect, other than
reimbursement for actual and necessary expenses incurred in the
performance of his or her duties, by reason of his or her serving as a
member, director, or trustee of the canal corporation.

7. The employees of the canal corporation shall not be deemed to be
employees of the authority by reason of their employment by the canal
corporation. All officers and employees of the canal corporation shall
be subject to the provisions of the civil service law which shall apply
to the canal corporation and such corporation shall be subject to the
jurisdiction of the New York state department of civil service and the
New York state civil service commission. The canal corporation shall
participate in the New York state and local employees' retirement
system. Nothing contained in a chapter of the laws of two thousand
sixteen that added this section shall be construed to affect the rights
and privileges of the canal corporation or any of its employees under
any provisions of the civil service law or any existing or expired
collective bargaining agreement in effect as of the effective date of
transfer of the canal corporation from the thruway authority to the
authority. Any such employee who at the time of such transfer shall have
been in a negotiating unit represented by an employee organization which
was certified or recognized pursuant to article fourteen of the civil
service law shall continue to be represented by said employee
organization. There shall be no reduction of staff, loss of position,
including partial displacement, such as reduction in the hours of
non-overtime, wages, or employment benefits as a result of the transfer
of the canal corporation from the thruway authority to the authority for
twenty-four months following such transfer.

8. The fiscal year of the canal corporation shall be the same as the
fiscal year for the authority.

9. The canal corporation shall have the power to:

(a) operate, maintain, construct, reconstruct, improve, develop,
finance, and promote the canal system;

(b) sue and be sued;

(c) have a seal and alter the same at pleasure;

(d) make and alter by-laws for its organization and internal
management and make rules and regulations governing the use of its
property and facilities;

(e) appoint officers and employees and fix their compensation;

(f) make and execute contracts and all other instruments necessary or
convenient for the exercise of its powers and functions under this
chapter;

(g) acquire, hold, and dispose of real or personal property for its
corporate purposes;

(h) engage the services of private consultants on a contract basis for
rendering professional and technical assistance and advice;

(i) procure insurance against any loss in connection with its
activities, properties, and other assets, in such amount and from such
insurers as it deems desirable;

(j) invest any funds of the canal corporation, or any other monies
under its custody and control not required for immediate use or
disbursement, at the discretion of the canal corporation, in obligations
of the state or the United States government or obligations the
principal and interest of which are guaranteed by the state or the
United States government, or in any other obligations in which the
comptroller of the state is authorized to invest pursuant to section
ninety-eight-a of the state finance law;

(k) exercise those powers and duties of the authority delegated to it
by the authority;

(l) prepare and submit a capital program plan pursuant to section ten
of the canal law;

(m) approve and implement the New York state canal recreationway plan
submitted pursuant to section one hundred thirty-eight-c of the canal
law. The canal corporation's review and approval of the canal
recreationway plan shall be based upon its consideration of a generic
environmental impact statement prepared by the canal corporation in
accordance with article eight of the environmental conservation law and
the regulations thereunder. Prior to the implementation of any
substantial improvement by the canal corporation on canal lands, canal
terminals, or canal terminal lands, or the lease of canal lands, canal
terminals, or canal terminal lands for substantial commercial
improvement, the canal corporation, in addition to any review taken
pursuant to section 14.09 of the parks, recreation and historic
preservation law, shall conduct a reconnaissance level survey within
three thousand feet of such lands to be improved of the type, location,
and significance of historic buildings, sites, and districts listed on,
or which may be eligible, for the state or national registers of
historic places. The findings of such survey shall be used to identify
significant historical resources and to determine whether the proposed
improvements are compatible with such historic buildings, sites, and
districts;

(n) enter on any lands, waters, or premises for the purpose of making
borings, soundings, and surveys;

(o) accept any gifts or any grant of funds or property from the
federal government or from the state or any other federal or state
public body or political subdivision or any other person and to comply
with the terms and conditions thereof; and

(p) waive any fee for a work permit which it has the power to issue if
in its discretion the project which is subject to a work permit would
add value to canal lands without any cost to the canal corporation, the
authority, or the state.

10. (a) The canal corporation shall review the budget request
submitted by the canal recreationway commission pursuant to section one
hundred thirty-eight-b of the canal law.

(b) The canal corporation, on or before the fifteenth day of September
of each year, shall submit to the director of the budget a request for
the expenditure of funds available from the New York state canal system
development fund pursuant to section ninety-two-u of the state finance
law or available from any other non-federal sources appropriated from
the state treasury.

(c) In the event that the request submitted by the canal corporation
to the director of the budget differs from the request submitted by the
commission to the canal corporation, then the request submitted by the
canal corporation to the director of the budget shall specify the
differences and shall set forth the reasons for such differences.

11. The canal corporation shall not have the power to issue bonds,
notes, or other evidences of indebtedness; provided that notwithstanding
the foregoing, the canal corporation may agree to repay amounts advanced
to the canal corporation by the authority and to evidence such agreement
by delivery of a promissory note or notes to the authority.

12. The canal corporation may do any and all things necessary or
convenient to carry out and exercise the powers given and granted by
this section.

13. The authority and all other state officers, departments, boards,
divisions, commissions, public authorities, and public benefit
corporations may render such services to the canal corporation within
their respective functions as may be requested by the canal corporation.

14. Whenever any state political subdivision, municipality,
commission, agency, officer, department, board, division, or person is
authorized and empowered for any of the purposes of this title to
cooperate and enter into agreements with the authority, such state
political subdivision, municipality, commission, agency, officer,
department, board, division, or person shall have the same authorization
and power for any such purposes to cooperate and enter into agreements
with the canal corporation.