A1442-2011 Actions

• Mar 9, 2011: enacting clause stricken
• Jan 10, 2011: referred to corporations, authorities and commissions

A1442-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1442
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 10, 2011
 
 Introduced by M. of A. DESTITO, LAVINE, REILLY, SCHROEDER -- Multi-Spon
 sored by -- M. of A.  BOYLAND, CLARK, GLICK, MAGEE, MARKEY, MAYERSOHN,
 McENENY,  SWEENEY,  TOWNS, WEISENBERG -- read once and referred to the
 Committee on Corporations, Authorities and Commissions
 

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

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

 

Section 1. Subdivision 16 of section 10 of the canal law,  as  amended
 by  chapter  335 of the laws of 2001, is amended and three new  subdivi
 sions 3-a, 9-b and 9-c are added to read as follows:

 3-A. CAUSE THE DESIGN, PREPARATION OF PLANS, ESTIMATES AND  SPECIFICA
 TIONS  AND  THE  SUPERVISION  OF  THE ERECTION, CONSTRUCTION, REPAIR AND
 REMOVAL OF ALL STRUCTURES HERETOFORE  REFERRED  TO  BE  PERFORMED  BY  A
 LICENSED PROFESSIONAL ENGINEER.
 9-B.  OPERATE THE CANAL SYSTEM IN SUCH A MANNER WHICH MITIGATES FLOOD
 ING ALONG THE SYSTEM TO PROTECT TO THE EXTENT POSSIBLE LIFE AND PROPERTY
 ON AND ALONG THE  CANAL  SYSTEM  WHEN  EXPECTED  AND  ACTUAL  CONDITIONS
 WARRANT.
 9-C.  CAUSE A FLOOD RESPONSE PLAN TO BE CREATED TO RESPOND TO EXPECTED
 AND ACTUAL FLOODING IN THE CANAL SYSTEM.
 (1) THE FLOOD RESPONSE PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:

 (I) A PLAN OF ACTION FOR COMMUNICATION WITH MARINERS, COUNTY EMERGENCY
 MANAGERS AND APPROPRIATE OFFICIALS, AND THE STATE  EMERGENCY  MANAGEMENT
 OFFICE;
 (II) INTERNAL COMMAND AND REPORTING COORDINATION;
 (III)  CANAL INFRASTRUCTURE OPERATION, TO INCLUDE PREEMPTIVE MEASURES;
 AND
 (IV) OTHER ELEMENTS AS DETERMINED BY THE CORPORATION AND  THE  DEPART
 MENT OF ENVIRONMENTAL CONSERVATION.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01701-01-1
 
       A. 1442                             2
 (2)  SUCH  PLAN SHALL BE PREPARED IN CONSULTATION WITH THE STATE EMER
 GENCY MANAGEMENT OFFICE AND EMERGENCY MANAGERS FROM COUNTIES ADJACENT OR
 INTERSECTED BY THE CANAL SYSTEM AND THE COMPLETED  PLAN  MUST  BE  FILED
 WITH THE OFFICES THEREOF.
 (3) THE CORPORATION SHALL SUBMIT A COPY OF SUCH PLAN TO THE DEPARTMENT
 OF ENVIRONMENTAL CONSERVATION WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF
 THIS SUBDIVISION, AND ANNUALLY UPDATE AND SUBMIT SUCH PLAN THEREAFTER.
 16.  Cause to be removed from canal lands AND WATERS any encroachments
 which in its judgment are detrimental, INCLUDING THE REMOVAL OF DEBRIS.
 

S 2. This act shall take effect immediately.

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