Adds powers and duties to the canal corporation; directs the canal corporation to cause the design, preparation of plans, estimates and specifications and the supervision of the erection, construction, repair and removal of all structures referred to be performed by a licensed professional engineer; directs preparation of a flood response plan; makes related provisions.

---

S4430-2011 Actions

• Jan 4, 2012: REFERRED TO TRANSPORTATION
• Apr 5, 2011: REFERRED TO TRANSPORTATION

S4430-2011 Memo

BILL NUMBER:S4430

TITLE OF BILL:
An act
to amend the canal law, in relation to the general powers and duties of
the canal corporation

PURPOSE OR GENERAL IDEA OF BILL:
Requires the Canal Corporation to
operate the canal system in such a manner which mitigates flooding
when conditions warrant; to create a plan to respond to flooding in
the canal system; to remove debris from canal land and waters which
in its judgment are detrimental.

SUMMARY OF SPECIFIC PROVISIONS:
Amends the canal law to add three new subdivisions, 3-a, 9-b,
and 9-c and amends subdivision 16.

JUSTIFICATION:
In late June 2006,
communities, businesses, farms and families were devastated by
unprecedented flooding along the Erie Canal. The flooding also caused
millions of dollars of damage to the canal system infrastructure. A
subsequent review found that the Canal Corporation should take on a
greater role in flooding that occurs on and along the canal system.

While the canal system infrastructure does have some degree of flood
mitigation ability, the Corporation maintains that it does not have
the statutory authority to operate the system in a flood mitigatory
manner when conditions warrant. With increased development along the
canal and weather patterns producing more severe storms and increased
rainfall, it is appropriate that the Canal Corporation embrace a
greater role in flood management to mitigate potential damage caused
by floods to life and property along the canal. Further, Article 15.4
of New York State Constitution recognizes flood control as a benefit
derived from the canal system. Looking forward, it is in the interest
of public safety and prudence that the Canal Corporation balances the
purposes of navigation and mitigation of flooding on its system. To
that end, this legislation would clarify the Canal Corporation's
statutory authority to address flooding to the extent possible.

Additionally, the Canal Corporation has no formal comprehensive flood
response plans in place.
A comprehensive flood response plan would layout the Canal
Corporation's actions, procedures and responsibilities to flood
events throughout the canal system. The lack of such a plan
diminishes the ability of the Corporation to respond to flooding
events such as that of the June 2006 flood. This legislation would
require a comprehensive flood plan for the canal system.

Debris can exacerbate high water conditions, hinder the ability to
operate gates on the moveable dams, can cause damage directly or
indirectly to boats and system infrastructure and potentially put
lives at risk. As such, this legislation amends Canal Law to
strengthen debris management along the canal system.


PRIOR LEGISLATIVE HISTORY:
2009-10 - A.1066 -- Assembly Corporations
2007-08 - A.9346 -- Assembly Corporations

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

S4430-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    4430

                         2011-2012 Regular Sessions

                              I N  SENATE

                                April 5, 2011
                                 ___________

  Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
    when printed to be committed to the Committee on Transportation

  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.
    (2)  SUCH  PLAN SHALL BE PREPARED IN CONSULTATION WITH THE STATE EMER-
  GENCY MANAGEMENT OFFICE AND EMERGENCY MANAGERS FROM COUNTIES ADJACENT OR

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01701-01-1

 S. 4430                             2

  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.