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

                                 483--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens.  GALLIVAN,  ORTT,  RANZENHOFER  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Transportation  --  recommitted  to the Committee on Transportation in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the canal  law,  the  public  officers  law,  the  state
  finance  law,  the  navigation  law, the economic development law, the
  environmental conservation law, the  retirement  and  social  security
  law,  and  the  public  authorities  law,  in relation to transferring
  jurisdiction over the New York state canal system to the department of
  transportation; and to repeal certain provisions of the canal law, the
  transportation law and the public authorities law, relating thereto

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

  Section  1.  Subdivision  21 of section 2 of the canal law is REPEALED
and a new subdivision 21 is added to read as follows:
  21. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF TRANSPORTATION.
  S 2. Subdivision 23 of section 2 of the canal law, as added by chapter
167 of the laws of 2002, is amended and a new subdivision 24 is added to
read as follows:
  23. "Canalway trail"  shall  mean  any  multi-use  recreational  trail
located on lands under the jurisdiction of the [corporation] COMMISSION-
ER.  The exact boundaries and location of such trail and any portions or
sections thereof shall be determined by the  [corporation]  COMMISSIONER
except  that  the  boundaries and location of such trail shall be deter-
mined in such a manner that no  portion  thereof  shall  be  within  the
Adirondack Park.
  24. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF TRANSPORTATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01056-03-6
              

S. 483--A                           2

  S  3. The article heading of article 1-a of the canal law, as added by
chapter 766 of the laws of 1992, is amended to read as follows:
           TRANSFER TO [NEW YORK STATE THRUWAY AUTHORITY] THE
                      DEPARTMENT OF TRANSPORTATION
  S 4. Section 5 of the canal law, as amended by chapter 335 of the laws
of 2001, is amended to read as follows:
  S  5. Transfer of powers and duties relating to canals and canal lands
to the [New York state thruway authority] DEPARTMENT OF  TRANSPORTATION.
The  powers and duties of the [commissioner of transportation] AUTHORITY
AND CORPORATION relating to the New York state canal system as set forth
in articles one through and including fourteen[, except article  seven,]
of  this chapter[, and except properties in use on the effective date of
this article in support of highway maintenance, equipment management and
traffic signal operations of  the  department  of  transportation,]  are
hereby  transferred to and merged with the [authority] DEPARTMENT, to be
exercised by the [authority] COMMISSIONER on behalf of the people of the
state of New York. [In addition, the commissioner of transportation  and
the  chairman  of  the authority may, in their discretion, enter into an
agreement or agreements  transferring  the  powers  and  duties  of  the
commissioner of transportation relating to any or all of the bridges and
highways  as set forth in article seven of this chapter, to be exercised
by the authority on behalf of the people of the state of New  York,  and
shall   enter  into  an  agreement  or  agreements  for  the  financing,
construction, reconstruction or improvement of lift and movable  bridges
on  the  canal  system. Such powers shall be in addition to other powers
enumerated in title nine of article two of the public  authorities  law.
All of the provisions of title nine of article two of such law which are
not inconsistent with this chapter shall apply to the actions and duties
of the authority pursuant to this chapter. The authority shall be deemed
to be the state in exercising the powers and duties transferred pursuant
to this section but for no other purposes.]
  S  5.  Section 6 of the canal law, as added by chapter 766 of the laws
of 1992, subdivisions 1, 3, and 4 and paragraph (b) of subdivision 6  as
amended  by  chapter  335  of  the  laws  of 2001, is amended to read as
follows:
  S 6. Transfer of canal lands and other assets.  1. The jurisdiction of
the [commissioner of transportation] AUTHORITY AND CORPORATION over  the
New  York  state  canal  system and over all state assets, equipment and
property, both tangible and intangible, owned or used in connection with
the planning, development, construction, reconstruction, maintenance and
operation of the New York state canal system, as set forth  in  articles
one  through  and  including  fourteen[,  except article seven,] of this
chapter[, and except properties in use on the  effective  date  of  this
article  in  support  of  highway  maintenance, equipment management and
traffic signal operations of the department of transportation] are here-
by transferred without consideration to the [authority]  DEPARTMENT,  to
be  held  by the [authority] DEPARTMENT in the name of the people of the
state of New York. [In addition the commissioner of  transportation  and
the  chairman  of  the authority may, in their discretion, enter into an
agreement or agreements transferring jurisdiction over any or all of the
bridges and highways set forth in article seven of this chapter, and any
or all state assets, equipment and property, both tangible and  intangi-
ble,  owned  or  used  in  connection  with  the  planning, development,
construction, reconstruction, maintenance and operation of such  bridges
and  highways,  which  shall be transferred without consideration to the
authority, to be held by the authority through the  corporation  in  the

S. 483--A                           3

name  of the people of the state of New York. Any other rights and obli-
gations resulting from or arising  out  of  the  planning,  development,
construction,  reconstruction,  operation or maintenance of the New York
state canal system shall be deemed assigned to and shall be exercised by
the  authority  through  the  corporation, except that the authority may
designate the commissioner of transportation to be  its  agent  for  the
operation  and  maintenance of the New York state canal system, provided
that such designation shall have no force or effect after March  thirty-
first, nineteen hundred ninety-three. Such canal system shall remain the
property  of the state and under its management and control as exercised
by and through the authority, through the  corporation  which  shall  be
deemed  to  be the state for the purposes of such management and control
of the canals but for no other purposes.]
  2. The [department of transportation] AUTHORITY AND CORPORATION  shall
deliver  to  the [authority] DEPARTMENT all books, policies, procedures,
papers, plans, maps, records, equipment and property  of  such  [depart-
ment]  AUTHORITY  OR CORPORATION pertaining to the functions transferred
pursuant to this article.
  3. All rules, regulations, acts, determinations, orders and  decisions
of  the  [commissioner of transportation and of the department of trans-
portation] AUTHORITY AND CORPORATION pertaining to the functions  trans-
ferred  pursuant  to  this article in force at the time of such transfer
shall continue in force and effect as rules, regulations, acts, determi-
nations, orders and decisions of the [authority and corporation] COMMIS-
SIONER until duly modified or abrogated by [such  authority  and  corpo-
ration] THE COMMISSIONER.
  4.  Any  business  or  other  matters  undertaken  or commenced by the
[commissioner of transportation] AUTHORITY,  CORPORATION,  COMMISSIONER,
or  the  department  [of  transportation], including executed contracts,
permits and other agreements, pertaining to or connected with the  func-
tions, powers, obligations and duties transferred pursuant to this arti-
cle,  and in effect on the effective date hereof, shall be conducted and
completed by the [authority through the corporation] COMMISSIONER OR THE
DEPARTMENT in the same manner and under the same  terms  and  conditions
and  with  the same effect as if conducted and completed by the [commis-
sioner of transportation] AUTHORITY or the  [department  of  transporta-
tion] CORPORATION.
  5. No existing rights or remedies of the state, including the authori-
ty, shall be lost, impaired or affected by reason of this article.
  6. [(a)] No action or proceeding pending on the effective date of this
article,  brought  by  or  against  the [commissioner of transportation]
AUTHORITY or the [department of  transportation]  CORPORATION  shall  be
affected  by this article. Any liability arising out of any act or omis-
sion occurring prior to the effective date of the transfer of powers and
duties authorized herein of the officers, employees  or  agents  of  the
[department  of  transportation]  AUTHORITY OR CORPORATION, or any other
agency of the state, other than  the  [authority]  COMMISSIONER  OR  THE
DEPARTMENT,  in the performance of their obligations or duties under the
canal law, any other law of the state or any federal law, or pursuant to
a contract entered into prior to the effective  date  of  such  transfer
shall remain a liability of the [department of transportation] AUTHORITY
AND  CORPORATION  or  such  other  agency  of  the  state and not of the
[authority] COMMISSIONER OR DEPARTMENT.
  [(b) Notwithstanding any provision to the contrary contained in  para-
graph  (a) of this subdivision, the state shall indemnify and hold harm-
less the authority and corporation for any and all claims,  damages,  or

S. 483--A                           4

liabilities,  whether  or  not caused by negligence, including civil and
criminal fines, arising out of or relating to any  generation,  process-
ing,  handling, transportation, storage, treatment, or disposal of solid
or  hazardous  wastes  in the canal system by any person or entity other
than the authority occurring prior to the effective date of the transfer
of powers and  duties  authorized  herein.  Such  indemnification  shall
extend  to,  without  limitation,  any releases into land, water or air,
including but not limited to  releases  as  defined  under  the  federal
comprehensive  environmental  response compensation and liability act of
nineteen hundred eighty, occurring or existing prior  to  the  effective
date of this section; provided that the authority shall cooperate in the
investigation and remediation of hazardous waste and other environmental
problems.]
  S  6. The article heading of article 2 of the canal law, as amended by
chapter 335 of the laws of 2001, is amended to read as follows:
               POWERS OF THE [CANAL CORPORATION] DEPARTMENT
  S 7. The section heading, the opening paragraph and subdivisions 8, 10
and 13 of section 10 of the canal law, as amended by chapter 335 of  the
laws of 2001, are amended to read as follows:
  General  powers  and duties of the [corporation] COMMISSIONER relating
to canals. The [corporation] COMMISSIONER shall:
  8. Keep and maintain in good condition the canals, canal terminals and
[corporation] equipment used in the maintenance and repair of the  canal
system.
  10.  Enforce  compliance  with laws, rules and regulations relating to
posting of limited loads and clearances on all bridges  over  the  canal
system  under  the  jurisdiction  of  the  department [of transportation
pursuant to section six and article seven of this chapter].
  13. Cause a record to be made and filed ANNUALLY on January first[, in
the corporation] of all expenditures during  the  previous  fiscal  year
from moneys appropriated for the canal system.
  S  8.  The  opening  paragraph  of  subdivision 1 and subdivision 2 of
section 11 of the canal law, as added by chapter  167  of  the  laws  of
2002, are amended to read as follows:
  The  [corporation]  DEPARTMENT  may  develop and implement an adopt-a-
trail program, the purposes of which may be to reduce and remove  litter
and debris and to enhance the appearance and maintenance of the canalway
trail  and related facilities, as needed.  Such program may include, but
not be limited to:
  2. Notwithstanding any inconsistent  provision  of  law,  the  [corpo-
ration,  authority,  and  commission, including any members, officers or
employees thereof,] DEPARTMENT shall not be liable for damages  suffered
by any persons and/or organizations resulting from any actions or activ-
ities of such volunteers and/or volunteer organizations.
  S  9.  Section  21  of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 21. Preparation contract, plans  and  estimates.  The  [corporation]
DEPARTMENT  shall  make surveys and prepare plans and specifications for
work in connection with the improvement, maintenance or  repair  of  the
canal system to be performed under contract. It shall ascertain with all
practical  accuracy the quantity and quality of all materials to be used
and all other items of work to be included in  the  contract  and  shall
make  a  detailed  estimate  of  the  cost  of  the same. The quantities
contained in such estimate shall be used in determining the cost of  the
work according to the different proposals received.

S. 483--A                           5

  S  10.  Section  22 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S  22.  Supervision  of  contracts. The [corporation] DEPARTMENT shall
provide for field supervision over improvement,  maintenance  or  repair
work  on the canal system that is done under contract. The [corporation]
DEPARTMENT shall assign such engineers, inspectors and other engineering
employees as may be necessary for control over the execution of the work
embraced in the contract. [Such corporation] THE DEPARTMENT shall  cause
the  preparation and approval of the estimates of the work accomplished,
materials delivered, or other items embodied in  the  contract  and  the
certificate of the amount of payment which may be due under the terms of
the  contract or legal modifications of the same. Upon the completion of
any contract the [corporation] DEPARTMENT shall  cause  the  preparation
and  approval  of a certificate of acceptance, stating that the work has
been well and faithfully performed in  accordance  with  the  terms  and
conditions of the contract and all legal modifications thereof.
  S  11.  Section  23 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 23. Record  of  measurements.  The  [corporation]  DEPARTMENT  shall
require  every engineer employed on canal engineering to enter in perma-
nent field books a complete record of all  surveys,  field  measurements
and  construction notes. These books shall be filed in the [corporation]
DEPARTMENT and shall be  available  for  public  inspection  under  such
conditions as the [corporation] DEPARTMENT may establish.
  S  12.  Section  24 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 24. Making and recording maps. There shall be kept on  file  in  the
office  of the [corporation] DEPARTMENT complete maps of every canal now
or hereafter to be built on which the boundaries of every parcel of land
to which the state shall have a separate title shall be  designated  and
the  names  of the former owner and date of each title entered. All such
maps [heretofore] approved by the commissioner [of transportation or the
corporation], or certified by such commissioner[, corporation] or by the
state engineer or hereafter approved by the  [corporation]  COMMISSIONER
to  be  correct, shall be presumptive evidence of the truth of the facts
therein stated and of the ownership by the state of  the  lands  therein
described. Every such map when completed shall be approved and certified
to  as  correct by the [corporation] COMMISSIONER.  The original of said
map shall be filed in the office of the [corporation]  COMMISSIONER  and
copies  thereof duly signed and certified as aforesaid shall be filed in
the office of the department of state. Any such maps filed in the office
of the clerk of a county in which such  lands  are  located  or  in  the
office  in  such  county  where  conveyances  are  required by law to be
recorded shall constitute evidence to all persons of the  state's  title
to  and  ownership in said lands. A transcript of such maps certified as
correct by the officer with whom such map or maps shall be filed,  shall
be  received  as  presumptive evidence of the state's title to the canal
lands as of the date designated on such maps in all  judicial  or  legal
proceedings.
  S  13.  Section  25 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 25. Making and recording of "Blue Line" maps. The  commissioner  [of
transportation] shall cause the preparation of maps of the Erie, Oswego,
Champlain  and the Cayuga and Seneca canals as they existed prior to and
independent of lands appropriated for barge canal purposes  and  of  all
lands  belonging  to  the state adjacent thereto or connected therewith,

S. 483--A                           6

and there shall be designated on such maps the boundaries of  the  lands
to  which the state holds title, and so far as possible the names of the
owners of the  adjoining  lands.  Every  map  when  completed  shall  be
approved and certified to as correct by the commissioner [of transporta-
tion] and be certified to as correct by the chief engineer. The original
of  said  map  shall be filed in the office of the [corporation] COMMIS-
SIONER and copies thereof, duly signed and certified as aforesaid, shall
be filed in the office of the department of state. Each of said maps  so
filed  shall be regarded as an original copy. A blue or white print copy
of such map or portion of such map or maps as related or applies to  any
particular  county of the state shall be transmitted to and filed in the
office of the clerk of such county, or in  the  office  in  such  county
wherein  conveyances  are required by law to be recorded and such filing
shall constitute a notice to all persons of the  state's  title  to  and
ownership  of said lands. A transcript of such maps certified as correct
by the officer with whom such map  or  maps  shall  be  filed  shall  be
received as presumptive evidence of the state's title to the canal lands
as  of  the  date  designated  on  such  maps  in  all judicial or legal
proceedings.
  S 14. Section 30 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  30.  Contracts  for improvement, maintenance or repair of the canal
system. Upon the completion and final approval of the plans and specifi-
cations for the improvement, maintenance or repair to the canal  system,
contracts  therefor  shall be executed IN ACCORDANCE WITH THE PROVISIONS
OF ARTICLE NINE OF THE STATE FINANCE LAW,  PROVIDED,  HOWEVER,  THAT  IF
ARTICLE NINE OF THE STATE FINANCE LAW SHALL NOT BE APPLICABLE, CONTRACTS
SHALL BE EXECUTED as provided herein.
  1.  Advertising  for  proposals.  The [corporation] COMMISSIONER shall
advertise for proposals in  accordance  with  plans  and  specifications
prepared  by  [it]  THE  DEPARTMENT for such improvement, maintenance or
repair of the canal system as the [corporation]  COMMISSIONER  deems  it
expedient  to  have  performed  by  contract. The advertisement shall be
limited to a brief description of the work proposed to be done, with  an
announcement  stating  where  the  maps, plans and specifications may be
seen, the terms  and  conditions  under  which  the  proposals  will  be
received,  the  time and place where the same will be opened, the amount
of the draft or certified check to  accompany  the  proposal,  and  such
other  matters  as  the [corporation] COMMISSIONER may deem advisable to
include therein. Such advertisement shall be published at least once  in
each week for two successive weeks in a newspaper published at the coun-
ty seat of the county in which such canal work is to be performed and in
such  other  newspapers as the [corporation] COMMISSIONER may designate.
If no newspaper is published at such county seat, then  the  publication
of the advertisement shall be in such newspaper or newspapers within the
county  as the [corporation] COMMISSIONER may select. If no newspaper is
published in the county, the publication of the advertisement  shall  be
in  such  newspaper  or  newspapers  in  an  adjoining  county as may be
selected by the [corporation] COMMISSIONER.  Failure of such  newspaper,
published in such county or adjoining county, to publish such advertise-
ment as provided in this subdivision or as directed by the [corporation]
COMMISSIONER  shall  not invalidate the publication of advertisement for
proposals provided such advertisement is published in another  newspaper
or  trade publication, which will be most likely to give adequate notice
to contractors of the work contemplated and of the invitation to  submit
proposals  therefor,  at  least once in each week for any two successive

S. 483--A                           7

weeks preceding the date on which proposals described in such advertise-
ment are to be received and opened.
  2.  Proposals.  Each  proposal shall specify the correct gross sum for
which the work will be performed and shall also include the amount to be
charged for each item specified on  the  proposal  estimate  sheet.  The
[corporation]  COMMISSIONER  may  prescribe  and  furnish  forms for the
submission of such proposals and may prescribe the manner of  submitting
the  same  which  shall  not be inconsistent herewith. Accompanying each
proposal there shall be a certified check or bank  cashier's  check  for
the  amount of the bid deposit, to be fixed by the [corporation] COMMIS-
SIONER and specified in the advertisement for proposals. The  checks  of
the two low bidders shall be deposited by the [corporation] COMMISSIONER
in  a  special  account.  Provided,  however,  that  if prior to or upon
receipt of said checks by the [corporation] COMMISSIONER a bidder who is
one of the two low bidders shall have duly filed a bond  as  hereinafter
provided,  the [corporation] COMMISSIONER shall forthwith return to said
bidder his OR HER aforesaid check without depositing the same. If alter-
nate proposals are taken, the checks of  the  two  low  bidders  of  all
alternate  proposals  shall be deposited. All checks other than those of
the two low bidders shall be  returned  promptly  by  the  [corporation]
COMMISSIONER.   Notwithstanding the provisions of any general or special
law, the money represented by the checks of the two low bidders shall be
paid from the special account when the contractor has duly executed  and
delivered to the [corporation] COMMISSIONER the contract and the bond or
bonds  required  by  law  for  the  performance  of the work of a public
improvement for the state of New York, or  upon  the  rejection  of  all
bids. The low bidder, in the discretion of the [corporation] COMMISSION-
ER,  and  the  second  low bidder, as a matter of right, may at any time
after the opening of the respective proposals,  file  with  the  [corpo-
ration]  COMMISSIONER  a  bond,  the  principal amount of which shall at
least equal the amount of the  respective  bidder's  check,  theretofore
deposited  with  his  OR  HER  proposal,  in  the form prescribed by the
[corporation] COMMISSIONER, with sufficient sureties, to be approved  by
the  [corporation]  COMMISSIONER,  conditioned that the said bidder will
execute a contract and furnish such performance or other bonds as may be
required by law in accordance  with  the  terms  of  the  bidder's  said
proposal. If a bidder complies with [the aforesaid] SUCH provisions, the
[corporation]  COMMISSIONER shall forthwith return the money represented
by the check of such bidder.
  In case the bidder to whom the contract shall be awarded shall fail to
execute such contract and bond, the moneys  represented  by  such  check
shall  be  regarded  as liquidated damages and shall be forfeited to the
state and shall be deposited by the [corporation] COMMISSIONER with  the
commissioner  of taxation and finance to the credit of the general fund.
The gross sums indicated on the proposals when opened shall be  publicly
read. The [corporation] COMMISSIONER shall keep the bids for the several
items  of  the  proposals confidential until an award of the contract is
made, after which the proposals shall be subject at all reasonable times
to public inspection.
  3. Award of contract. The contract for the improvement, maintenance or
repair of any part of the canal system shall be awarded  to  the  lowest
responsible  bidder,  as  will  best  promote  the  public  interest. No
contract shall be awarded to a bidder other than the lowest  responsible
bidder  without  the written approval of the comptroller. The lowest bid
shall be deemed to be that which specifically states  the  lowest  gross
sum for which the entire work will be performed, including all the items

S. 483--A                           8

specified  in  the estimate therefor. The lowest bid shall be determined
by the [corporation] COMMISSIONER on the basis  of  the  gross  sum  for
which  the entire work will be performed, arrived at by a correct compu-
tation  of  all the items specified in the estimate therefor at the unit
prices contained in the bid.
  4. Rejection of proposals. The [corporation] COMMISSIONER  may  reject
any  or all proposals and may advertise for new proposals as provided in
this section, if, in [its] HIS OR HER opinion, the best interest of  the
state [and the corporation] will thereby be promoted.
  5.  Form  of  contract. The [corporation] COMMISSIONER shall prescribe
the form of contract and may include [therein] such matters the  [corpo-
ration]  COMMISSIONER may deem advantageous to the state [and the corpo-
ration].
  6. Bond of contractor. Each contractor before entering into a contract
for such improvement, maintenance or repair of the  canal  system  shall
execute a bond in the form prescribed by the [corporation] COMMISSIONER,
with  sufficient  sureties,  to be approved by the [corporation] COMMIS-
SIONER, on condition that it will perform the work  in  accordance  with
the  terms of the contract and the plans and specifications, and that it
will commence and complete the work within the time  prescribed  in  the
contract.  The  bond  shall  also provide against any direct or indirect
damages  that  shall  be  suffered  or  claimed  on  account   of   such
construction  or improvement during the time thereof, and until the work
is finally accepted.
  7. Payments on contracts, state taxes. The contract shall provide  for
partial payments as the work progresses as hereinafter provided:
  (a)  Ten  per  centum  shall be retained from each progress payment or
estimate until the contract work is fifty per  centum  completed,  after
which  no further moneys shall be retained from any progress payments or
estimates paid thereafter, and when the entire contract  work  has  been
completed  and  accepted,  the [corporation] COMMISSIONER shall, pending
the payment of the final estimate, pay not to exceed fifty per centum of
the amount of the retained percentage.
  (b) Whenever in the judgment of  the  [corporation]  COMMISSIONER  the
withholding  of the retained percentage on account of the closing of the
working season would be an injustice  to  the  contractor,  the  [corpo-
ration]  COMMISSIONER may, provided the district engineer certifies that
the essential items in the contract have been  completed  in  accordance
with  the  terms  of  the  contract  and the provisions of this chapter,
direct the district engineer to include in the final account such uncom-
pleted items and pay therefor at the item prices in  the  contract  upon
the contractor depositing with the [corporation] COMMISSIONER securities
equal  to  double the value of such uncompleted work. The deposit may be
used by the  [corporation]  COMMISSIONER  to  complete  the  uncompleted
portion  of  the  contract and shall be returned to the contractor if it
completes the uncompleted portion within a specified number  of  working
days after it has been notified to proceed with the work.
  (c)  No  certificates  approving  or  authorizing  a  partial or final
payment shall be made by the [corporation] COMMISSIONER until [it] HE OR
SHE is satisfied that all laborers employed on the work have  been  paid
for  their  services  for  the  last  payroll  period preceding the said
partial or final payment. The [corporation] COMMISSIONER may, if [it] HE
OR SHE deems necessary, require an affidavit to  such  effect  from  the
contractor  or  [it] HE OR SHE may depend on any other source which [it]
HE OR SHE deems proper for such information.

S. 483--A                           9

  (d) Contracts in force at the date of the enactment of  this  subdivi-
sion  may,  in  the  discretion  of  the  [corporation] COMMISSIONER, be
amended to provide for the withholding and the payments contemplated  by
the  provisions  of  paragraph (a) of this subdivision, if the surety or
sureties  upon  the  performance and labor and material bonds given by a
contractor upon any such contract shall consent in writing thereto.
  (e) No such certificate authorizing or  approving  the  first  partial
payment  or  any  final  payment  to  a foreign contractor shall be made
unless such contractor shall furnish satisfactory proof that  all  taxes
due  the  commissioner  of taxation and finance by such contractor under
the provisions of or pursuant to a law enacted pursuant to the authority
of article nine, nine-A, twelve-A, twenty-one, twenty-two, twenty-eight,
twenty-nine or thirty of the tax law have been paid. The certificate  of
the  commissioner  of  taxation  and finance to the effect that all such
taxes have been paid shall be, for purpose of this paragraph, conclusive
proof of the payment of such taxes. The  term  "foreign  contractor"  as
used  in  this subdivision means, in the case of an individual, a person
who is not a resident of this state, in the case of a  partnership,  one
having  one  or  more  partners not a resident of this state, and in the
case of a corporation, one not organized under the laws of this state.
  8. Contingencies and extra work. Whenever  the  [corporation]  COMMIS-
SIONER  determines  that  from  any  unforeseen  cause  the terms of any
contract should be altered to provide for contingencies or  extra  work,
[it] HE OR SHE may, if funds are available for payment of the cost ther-
eof,  issue  an  order on contract therefor to the contractor, a copy of
which shall be filed with the director of the budget and the state comp-
troller. The estimated expenditure pursuant to  the  order  on  contract
shall  not  increase  the total amount of the primary contract until the
estimated expenditure shall have  been  approved  by  the  [corporation]
COMMISSIONER and a duplicate of such approval shall have been filed with
the  comptroller.  No  such  extra work shall be commenced or undertaken
until the [corporation] COMMISSIONER has issued an order on contract  as
herein provided.
  When  such  order  on  contract  provides for similar items of work or
materials which increase or decrease the itemized quantity provided  for
in  the primary contract, the price to be paid therefor shall not exceed
the unit bid price in the primary contract for such items. Agreed prices
for new items of work or materials may be incorporated in the  order  on
contract  as the [corporation] COMMISSIONER may deem them to be just and
fair and beneficial to the state[, including the corporation].
  Whenever the [corporation] COMMISSIONER also determines  that  in  the
cases  herein  provided it is impracticable for [it] HE OR SHE to ascer-
tain in advance the just and fair prices to be paid by the state for new
items of work or materials, the order on contract therefor  may  provide
for  performance  of  the  work  and the furnishing of the materials and
equipment, in which event the  contractor  shall  keep  and  shall  make
available at all times to the [corporation] COMMISSIONER such accounting
records,  data  and  procedure  as  may be required by the [corporation]
COMMISSIONER.
  S 15. Section 31 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S 31. Patented materials or articles. In the improvement, maintenance,
or  repair  of  the canal system, no patented material or article or any
other material  or  article  shall  be  specified,  contracted  for,  or
purchased,  except  under  such circumstances that there can be fair and

S. 483--A                          10

reasonable opportunity for competition, the conditions to secure  which,
shall be prescribed by the [corporation] COMMISSIONER.
  S  16.  Section  32 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 32. Performance of contracts. The performance of every contract  for
the  improvement,  maintenance  or  repair  of the canal system shall be
under the supervision and control of the [corporation] COMMISSIONER, and
it shall be [its] HIS OR HER duty to see that  every  such  contract  is
performed in accordance with the provisions of the contract and with the
plans  and  specifications  forming a part thereof. If the [corporation]
COMMISSIONER shall determine that the work upon  any  contract  for  the
improvement,  maintenance  or  repair  of  the canal system is not being
performed according to the contract or for  the  best  interest  of  the
state[,  including  the  corporation],  the execution of the work by the
contractor may be temporarily suspended by the [corporation] COMMISSION-
ER, who may then proceed with the work under [its] HIS OR HER own direc-
tion in such manner as will accord with the contract specifications  and
be  for  the best interest of the state [including the corporation,]; or
[it] HE OR SHE may  terminate  the  contractor's  employment  under  the
contract  while it is in progress, and thereupon, proceed with the work,
in affirmance of the contract, by contract negotiated or  publicly  let,
by the use of [its] HIS OR HER own forces, by calling upon the surety to
complete  the work in accordance with the plans and specifications or by
a combination of any such methods; or [it] HE  OR  SHE  may  cancel  the
contract and readvertise and relet the work as provided in section thir-
ty  of  this  article. Any excess in the cost of completing the contract
beyond the price for which it was originally awarded shall be charged to
and paid by the contractor failing  to  perform  the  work  or  by  such
contractor's  surety.  Where  the  estimate  for  the  completion  of  a
cancelled contract is in excess of the balance of the amount  originally
set  aside  by the state [including the corporation,] to provide for the
improvement, maintenance or repair of the canal system, or a part there-
of, together with  any  amount  otherwise  provided,  the  [corporation]
COMMISSIONER is authorized to set aside from any funds available for the
improvement, maintenance or repair of the canal system, or a part there-
of, an additional sum equal to such excess and to pay such excess in the
first  instance,  pending  recovery  of  excess cost from the defaulting
contractor and surety, as provided in this section.  Every contract  for
the  improvement,  maintenance  or repair of the canal system, or a part
thereof, shall reserve to the [corporation] COMMISSIONER  the  right  to
suspend  or  cancel  the contract as above provided, and to complete the
work thereunder by contract negotiated or publicly let or by the use  of
[its]  HIS  OR  HER  own forces, or affirm the contract and thereupon to
complete the work thereunder according  to  any  of  the  methods  above
provided as the [corporation] COMMISSIONER may determine.
  S  17.  Section  33 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 33. Acceptance of work. Upon  the  completion  of  the  improvement,
maintenance  or  repair of any part of the canal system under a contract
let, as provided in this article, the [corporation]  COMMISSIONER  shall
cause  the  same  to be inspected, and upon the filing [in the office of
the corporation] WITH THE DEPARTMENT of a certificate stating  that  the
work  has  been  well  and  faithfully performed, in accordance with the
terms of the contract, and all legal  modifications  thereof,  the  work
shall  be  deemed  accepted  and  certificates  for final payment on the
contract executed.

S. 483--A                          11

  S 18. Section 34 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  34. Exemption of materials or equipment from execution. All materi-
als or equipment furnished or partly procured on  a  defaulted  contract
with the [corporation] COMMISSIONER, shall be exempt from execution, but
the [corporation] COMMISSIONER shall pay the moneys due for such materi-
al  or  equipment to any judgment creditor of the contractor under whose
execution such materials or equipment might otherwise have been sold, on
production to [it] HIM OR HER of due proof  that  such  execution  would
have  so  attached,  and  such  payments  shall be valid payments on the
contract.
  S 19. Section 40 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  40.  Acquisition of property. 1. The acquisition of property neces-
sary for purposes of the improvement, use, maintenance, control, manage-
ment or repair of the canal system, shall be pursuant to the  provisions
of  the  eminent  domain  procedure  law  by the [corporation or by the]
commissioner [of transportation at the request of the corporation].
  2. The commissioner [of transportation or the corporation as the  case
may  be,]  shall cause to be prepared an accurate acquisition map of any
property which he or [it] SHE may deem necessary for purposes  connected
with  the canal system or of any property in and to which he or [it] SHE
may deem the acquisition or exercise of an easement, interest  or  right
to  be  necessary  for  such purposes, indicating and describing in each
case the particular easement, interest or right. On the approval of such
map by the commissioner [of transportation or  the  corporation  as  the
case  may  be],  he  or [it] SHE shall acquire such property, easements,
interests or rights pursuant to the provisions  of  the  eminent  domain
procedure law.
  3.  If  the  [corporation]  COMMISSIONER shall determine, prior to the
filing of such copy of the map in the office  of  the  county  clerk  or
register  as  aforesaid,  that  changes, alterations or modifications of
such map as filed in the [main office  of  the  corporation]  DEPARTMENT
should  be  made,  the  [corporation] COMMISSIONER shall, subject to the
provisions of article two of the eminent domain procedure law, if appli-
cable, direct the preparation of an amended map, either by  preparing  a
new map or by making changes on the original tracing of such map, with a
notation indicating such changes. On the approval of such amended map by
the [corporation] COMMISSIONER, it shall be filed in the [main office of
the  corporation]  DEPARTMENT in the same manner as the original map was
filed, and the amended map shall thereupon in all respects and  for  all
purposes supersede the map previously filed.
  4.  If  the  [corporation]  COMMISSIONER shall determine, prior to the
filing of such copy of the map in the office  of  the  county  clerk  or
register  as  aforesaid,  that such map should be withdrawn, the [corpo-
ration] COMMISSIONER shall file  a  certificate  of  withdrawal  in  the
offices  of the [corporation] DEPARTMENT and department of law. Upon the
filing of such certificate of withdrawal, the map  to  which  it  refers
shall be canceled and all rights thereunder shall cease and terminate.
  5.  The commissioner [of transportation or the corporation as the case
may be,] shall deliver to the attorney general a copy of  such  acquisi-
tion  map  whereupon  it  shall  be  the duty of the attorney general to
advise and certify to the commissioner [of transportation or the  corpo-
ration] the names of the owners of the property, easements, interests or
rights  described  in  the said acquisition map, including the owners of

S. 483--A                          12

any right, title or interest therein pursuant  to  the  requirements  of
section four hundred three of the eminent domain procedure law.
  6. If, at or after the vesting of title to such property in the people
of the state of New York as provided for in the eminent domain procedure
law,  the commissioner [of transportation or the corporation as the case
may be] shall deem it necessary to cause the  removal  of  an  owner  or
other occupant from such property [it] HE OR SHE may cause such owner or
other  occupant to be removed therefrom by proceeding in accordance with
section four hundred five of  the  eminent  domain  procedure  law.  The
proceedings  shall be brought in the name of the commissioner [of trans-
portation or the corporation as agent  of  the  state].  If  any  person
proceeded  against shall contest the petition by an answer, the attorney
general shall be notified, and he OR SHE thereafter shall represent  the
petitioner  in  the  proceedings. No execution shall issue for costs, if
any awarded against the state[,] OR the commissioner [of  transportation
or the corporation], but they shall be part of the costs of the acquisi-
tion  and  be paid in like manner. Proceedings may be brought separately
against one or more of the owners or other occupants of a  property,  or
one  proceeding  may  be brought against all or several of the owners or
other occupants of any or all property within the territorial  jurisdic-
tion of the same justice or judge; and judgment shall be given for imme-
diate  removal  of  persons defaulting in appearance or in answering, or
withdrawing their answers, if any, without awaiting the trial  or  deci-
sion of issues raised by contestants, if any.
  7.  Upon  making  any  agreement provided for in section three hundred
four of the eminent domain procedure law, the commissioner [of transpor-
tation or the corporation as the case may be] shall deliver to the comp-
troller such agreement and a certificate stating  the  amount  due  such
owner  or owners thereunder on account of such appropriation of his, HER
or their property and the amounts so fixed shall be paid pursuant to all
relevant provisions of the public authorities law,  the  eminent  domain
procedure law and the state finance law.
  8. Application for reimbursement of incidental expenses as provided in
section  seven  hundred two of the eminent domain procedure law shall be
made to the  [corporation]  DEPARTMENT  upon  forms  prescribed  by  the
[corporation]  COMMISSIONER and shall be accompanied by such information
and  evidence  as  the  [corporation]  COMMISSIONER  may  require.  Upon
approval  of  such  application,  the  [corporation]  COMMISSIONER shall
deliver a copy thereof, to the comptroller together with  a  certificate
stating  the  amount  due thereof, and the amount so fixed shall be paid
out of funds available  for  the  acquisition  of  property  under  this
section.
  9. The [corporation] COMMISSIONER shall establish and may from time to
time  amend  rules  and  regulations  authorizing  the payment of actual
reasonable and  necessary  moving  expenses  of  occupants  of  property
acquired  pursuant  to this section; of actual direct losses of tangible
personal property as a result of moving or discontinuing a  business  or
farm  operation,  but  not  exceeding  an amount equal to the reasonable
expenses that would have been required to  relocate  such  property,  as
determined  by  the  [corporation]  COMMISSIONER;  and actual reasonable
expenses in searching for a replacement business or farm; or in hardship
cases for the advance payment of  such  expenses  and  losses.  For  the
purposes  of  making  payment  of such expenses and losses only the term
"business" means any lawful activity conducted primarily  for  assisting
in  the  purchase, sale, resale, manufacture, processing or marketing of
products, commodities, personal property or services by the erection and

S. 483--A                          13

maintenance of an outdoor advertising display or  displays,  whether  or
not such display or displays are located on the premises on which any of
the  above  activities  are  conducted.  Such  rules and regulations may
further define the terms used in this subdivision. In lieu of such actu-
al reasonable and necessary moving expenses, any such displaced owner or
tenant  of  residential  property  may  elect to accept a moving expense
allowance, plus a dislocation allowance, determined in accordance with a
schedule prepared by the [corporation] COMMISSIONER and made a  part  of
such rules and regulations. In lieu of such actual reasonable and neces-
sary  moving  expenses, any such displaced owner or tenant of commercial
property who relocates or discontinues his OR HER business or farm oper-
ation may elect to accept a fixed relocation payment in an amount  equal
to  the  average  annual net earnings of the business or farm operation,
except that such payment shall  be  not  less  than  two  thousand  five
hundred  dollars  nor  more  than ten thousand dollars. In the case of a
business, no such fixed relocation payment  shall  be  made  unless  the
[corporation] COMMISSIONER finds and determines that the business cannot
be  relocated  without a substantial loss of its existing patronage, and
that the business is not part of a commercial enterprise having at least
one other establishment, which is not being acquired by the state or the
United States, which is engaged in the same or similar business. In  the
case  of  a business which is to be discontinued but for which the find-
ings and determinations set forth above  cannot  be  made,  the  [corpo-
ration]  COMMISSIONER may prepare an estimate of what the actual reason-
able and necessary moving expenses, exclusive of  any  storage  charges,
would  be  if the business were to be relocated and enter into an agreed
settlement with the owner of such business for an amount not  to  exceed
such  estimate  in  lieu  of such actual reasonable and necessary moving
expenses. Application for payment under this subdivision shall  be  made
to  the  [corporation]  DEPARTMENT  upon  forms  prescribed  by [it] THE
COMMISSIONER and shall be accompanied by such information  and  evidence
as  the  [corporation]  COMMISSIONER  may require. Upon approval of such
application, the [corporation] COMMISSIONER shall deliver a copy thereof
to the comptroller together with a certificate stating  the  amount  due
thereunder, and the amount so fixed shall be paid out of the state trea-
sury  after  audit  by  the comptroller from moneys appropriated for the
acquisition of property under this section. As used in this subdivision,
the term "commercial property" shall include property owned by an  indi-
vidual,  family,  partnership,  corporation,  association or a nonprofit
organization and includes a farm operation. As used in this subdivision,
the term "business" means any lawful activity, except a farm  operation,
conducted primarily for the purchase, sale, lease and rental of personal
and  real  property, and for the manufacture, processing or marketing of
products, commodities, or any other personal property; for the  sale  of
services to the public; or by a nonprofit organization.
  10.  Authorization is hereby given for the reimbursement to the person
or other entity entitled thereto, as  determined  by  the  [corporation]
COMMISSIONER, of an amount, separately computed and stated, representing
the  following  incidental  expenses  to  the owner of property acquired
pursuant to this section:
  (a) Any recording fees, transfer taxes and other similar  expenses  in
connection with the acquisition of the property by the state[, including
the  corporation,] or in connection with the transfer of the property to
the state[, including the corporation]; and
  (b) Any penalty costs, incurred by the owner of property  acquired  by
the state[, including the corporation,] for prepayment of any pre-exist-

S. 483--A                          14

ing  recorded mortgage entered into in good faith encumbering such prop-
erty.
  In the event that there shall be a final judgment by a court of compe-
tent jurisdiction that the commissioner [of transportation or the corpo-
ration  as the case may be,] was not legally authorized to acquire prop-
erty, or a portion of such property, pursuant to this  section;  or  the
commissioner  [or  the  corporation] denies that there was any taking of
property, makes no offer to settle the value of the claim for such prop-
erty and there shall be a final judgment by a court of competent  juris-
diction that the commissioner [or the corporation] did in fact take such
property;  or the procedure to acquire such property is abandoned by the
commissioner [or the corporation]; authorization is hereby given for the
reimbursement to the person or other entity entitled thereto, as  deter-
mined by the commissioner [or the corporation], of an amount, separately
computed  and  stated, for reasonable costs, disbursements and expenses,
including reasonable attorney, appraisal and engineering fees,  actually
incurred  by  such  person  or  other  entity because of the acquisition
procedure.
  Application for either of such reimbursements shall  be  made  to  the
[corporation]  DEPARTMENT upon forms prescribed by [it] THE COMMISSIONER
and shall be accompanied by such information and evidence as the [corpo-
ration] COMMISSIONER may require. Upon approval of such application, the
[corporation] COMMISSIONER shall deliver a copy  thereof  to  the  comp-
troller  together  with a certificate stating the amount due thereunder,
and the amount so fixed shall be paid out of funds  available  for  this
purpose.
  11. Authorization is hereby given to the [corporation] COMMISSIONER to
make  supplemental  relocation payments, separately computed and stated,
to displaced owners and tenants of residential property acquired  pursu-
ant  to  this  section  who  are entitled thereto, as determined by such
[corporation] COMMISSIONER. The [corporation] COMMISSIONER may establish
and from time to time amend rules and  regulations  providing  for  such
supplemental relocation payments. Such rules and regulations may further
define  the  terms  used  in  this  subdivision. In the case of property
acquired pursuant to this section which is improved by a dwelling  actu-
ally  owned  and  occupied  by the displaced owner for not less than one
hundred eighty days immediately prior to initiation of negotiations  for
the  acquisition  of such property, such payment to such owner shall not
exceed fifteen thousand dollars. Such payment shall be  the  amount,  if
any,  which,  when  added  to the acquisition payment equals the average
price, established by the [corporation] COMMISSIONER on a  class,  group
or  individual basis, required to obtain a comparable replacement dwell-
ing that is decent, safe  and  sanitary  to  accommodate  the  displaced
owner, reasonably accessible to public services and places of employment
and  available on the private market, but in no event shall such payment
exceed  the  difference  between  acquisition  payment  and  the  actual
purchase  price  of the replacement dwelling. Such payment shall include
an amount which will compensate such displaced owner for  any  increased
interest  costs  which  such person is required to pay for financing the
acquisition of any such comparable  replacement  dwelling.  Such  amount
shall be paid only if the dwelling acquired pursuant to this section was
encumbered by a bona fide mortgage which was a valid lien on such dwell-
ing for not less than one hundred eighty days prior to the initiation of
negotiations  for the acquisition of such dwelling. Such amount shall be
equal to the excess in the aggregate interest  and  other  debt  service
costs of that amount of the principal of the mortgage on the replacement

S. 483--A                          15

dwelling  which  is  equal  to the unpaid balance of the mortgage on the
acquired dwelling, over the  remaining  term  of  the  mortgage  on  the
acquired  dwelling,  reduced  to  discounted present value. The discount
rate  shall  be the prevailing interest rate paid on savings deposits by
commercial banks in the general area in which the  replacement  dwelling
is  located.  Any  such  mortgage  interest  differential payment shall,
notwithstanding the provisions of section twenty-six-b  of  the  general
construction law, be in lieu of and in full satisfaction of the require-
ments  of  such section.  Such payment shall include reasonable expenses
incurred by such displaced owner for evidence of title,  recording  fees
and  other  closing  costs  incident  to the purchase of the replacement
dwelling, but not including prepaid expenses. Such payment shall be made
only to a displaced owner  who  purchases  and  occupies  a  replacement
dwelling  which  is decent, safe and sanitary within one year subsequent
to the date on which he OR SHE is required to  move  from  the  dwelling
acquired  pursuant  to  this  section  or  the  date  on which he OR SHE
receives from the state final payment  of  all  costs  of  the  acquired
dwelling,  whichever occurs later, except advance payment of such amount
may be made in hardship cases. In the case of property acquired pursuant
to this section from which an individual or family, not otherwise eligi-
ble to receive a payment pursuant to the above provisions of this subdi-
vision, is displaced from any dwelling thereon which has  been  actually
and  lawfully  occupied  by  such individual or family for not less than
ninety days immediately prior to the initiation of negotiations for  the
acquisition  of such property, such payment to such individual or family
shall not exceed four thousand dollars. Such payment shall be the amount
which is necessary to enable such individual or family to lease or  rent
for  a  period  not  to  exceed  four years, a decent, safe and sanitary
dwelling of standards adequate to accommodate such individual or  family
in  areas not generally less desirable in regard to public utilities and
public and commercial facilities and reasonably accessible to his OR HER
place of employment, but shall not exceed four thousand dollars,  or  to
make  the  down  payment, including reasonable expenses incurred by such
individual or family for evidence of title, recording  fees,  and  other
closing  costs incident to the purchase of the replacement dwelling, but
not including prepaid expenses, on the purchase of a  decent,  safe  and
sanitary  dwelling  of standards adequate to accommodate such individual
or family in areas not generally less  desirable  in  regard  to  public
utilities  and  public  and  commercial facilities, but shall not exceed
four thousand dollars,  except  if  such  amount  exceeds  two  thousand
dollars, such person must equally match any such amount in excess of two
thousand  dollars, in making the down payment. Such payments may be made
in installments as determined by the [corporation] COMMISSIONER.  Appli-
cation for payment under this subdivision shall be made to  the  [corpo-
ration]  DEPARTMENT  upon  forms  prescribed  by  [such corporation] THE
COMMISSIONER and shall be accompanied by such information  and  evidence
as  the  [corporation]  COMMISSIONER  may require. Upon approval of such
application, the [corporation] COMMISSIONER shall deliver a copy thereof
to the comptroller, together with a certificate stating the  amount  due
thereunder, and the amount so fixed shall be paid out of funds available
for such purpose.
  12.  The  owner of any property, easements, interests or rights appro-
priated, may present to the court of claims a claim  for  the  value  of
such  property appropriated and for legal damages as provided by law for
the filing of claims with the court of claims. Payment  of  such  awards

S. 483--A                          16

and  judgments  of  the  court of claims shall be made in the manner now
prescribed by law.
  13.  If  the  work of improvement, maintenance, control, management or
repair of the canal system causes damage to  property  not  acquired  as
above  provided,  the state shall be liable therefor, but this provision
shall not be deemed to create any  liability  not  already  existing  by
statute.  Claims  for  such  damage may be adjusted by the [corporation]
COMMISSIONER, if the amounts thereof can be agreed upon with the persons
making such claims, and any amount so agreed upon shall  be  paid  as  a
part  of  the cost of such improvement, maintenance, control, management
or repair as prescribed by this section. If the amount of any such claim
is not agreed upon, such claim may be presented pursuant to the  eminent
domain  procedure  law to the court of claims which is hereby authorized
to hear such claim and determine if the amount of such claim or any part
thereof is a legal claim against the state, and, if it so determines, to
make an award and enter judgment thereon against  the  state,  provided,
however,  that such claim is filed with the court of claims within three
years after the accrual of such claim.
  14. Notwithstanding any other provision of this section,  the  [corpo-
ration  or  the]  commissioner  [of transportation at the request of the
corporation] shall have the power to acquire by grant  or  purchase,  in
the  name  of the people of the state of New York, any property which he
or [the corporation]  SHE  deems  necessary  for  any  of  the  purposes
provided  for  in  this  section, and payment therefor, if any, shall be
made in the manner  prescribed  in  this  section  for  the  payment  of
adjusted  appropriation claims, provided, however, that no real property
shall be so acquired unless the title thereto shall be approved  by  the
attorney general.
  15.  The expense of the acquisition of property, including the cost of
making surveys, preparing  descriptions  and  maps  of  property  to  be
acquired,  and of administrative duties in connection therewith, serving
notices of appropriation, publication, making appraisals and  agreements
and  of  searches  ordered and examinations and readings and approval of
titles made by the  attorney  general,  and  expenses  incurred  by  the
[corporation  or  the] commissioner [of transportation at the request of
the corporation] and attorney general in proceedings for the removal  of
owners  or occupants, shall be deemed a part of the cost of operation of
the respective offices where  such  employees  are  engaged  or  of  the
department  having  charge of such matters and shall be paid from moneys
appropriated for the operation of such offices. If a  special  fund  has
been  set  up  to  provide  for  the  acquisition of property, then such
expense involved may be made payable from such fund.
  16. Notwithstanding the provisions of any general,  special  or  local
law,  the  [corporation  or  the] commissioner [of transportation at the
request of the corporation],  his  or  [its]  HER  officers,  agents  or
contractors  when  engaged  on  work connected with the canal system, as
described in subdivision one of  this  section,  may,  pursuant  to  the
provisions  of the eminent domain procedure law, enter upon any property
for the purpose of making surveys, test pits,  test  borings,  or  other
investigations  and  also  for  temporary occupancy during construction.
Claims for any damage caused by  such  entry,  work  or  occupation  not
exceeding two thousand five hundred dollars may be adjusted by agreement
by  the  [corporation  or  the]  commissioner  [of transportation at the
request of the corporation] with the owner of the property  affected  as
determined  by him or [such corporation] HER by reasonable investigation
without appropriating such property. Upon making any such adjustment and

S. 483--A                          17

agreement, the [corporation or  the]  commissioner  [of  transportation]
shall  deliver to the comptroller such agreement and a certificate stat-
ing the amount due such owner and the amount so fixed shall be paid  out
of the funds available for such purpose.
  17.  If  the  [corporation] COMMISSIONER shall determine subsequent to
the acquisition of a temporary easement right in property and subsequent
to the filing of a description and map of such property in the office of
the county clerk or register, as aforesaid, that the purposes for  which
such easement right was acquired have been accomplished and that the use
and  occupancy  of said property for canal purposes are no longer neces-
sary, and that, therefore, the term of such easement should  be  further
limited,  or if the appropriation of such easement was for an indefinite
period, that such period should be fixed and  determined,  or  that  the
period  of  such  easement  has  by its terms expired, the [corporation]
COMMISSIONER shall make [its] HIS OR HER certificate that  the  use  and
occupancy  of  such property for canal purposes are no longer necessary,
that the property in which such easement right was acquired  is  surren-
dered back to the affected owner of said property and that such easement
right  is  thereupon  terminated, released and extinguished. The [corpo-
ration] COMMISSIONER shall cause a copy of such certificate to be  filed
in  the  office  of  the  department  of  state. Upon the filing of such
certificate in the office of the department of state all rights acquired
by the state in such property shall cease  and  determine.  The  [corpo-
ration]  COMMISSIONER  shall  cause  a copy of such certificate together
with notice of the filing thereof in the office  of  the  department  of
state  to  be mailed to the owner or owners of the property affected, as
certified by the attorney general, if the place  of  residence  of  such
owner or owners is known or can be ascertained by a reasonable effort. A
further  copy of such certificate and notice of filing shall be filed in
the office of the recording officer of each county wherein the  property
affected  is situated. On the filing of such certificate and notice with
such officer it shall be the duty of such officer to record same in  the
books used for recording deeds in the office of such officer.
  18.  Notwithstanding  any other provision of this section, the [corpo-
ration] COMMISSIONER shall  have  the  power  to  acquire  by  grant  or
purchase,  in the name of the people of the state of New York, any prop-
erty which [it] HE OR SHE  deems  necessary  for  any  of  the  purposes
provided for in this section and may also acquire for such purposes from
the  Palisades  interstate park commission, in the name of the people of
the state of New York, such lands and such easements, licenses,  permits
and  other  rights  over  lands  as the said commission is authorized to
grant, sell, exchange or convey. When the acquisition by  appropriation,
grant  or purchase of property deemed necessary for canal purposes would
result in substantial consequential damages  to  the  owner's  remaining
property,  due  to  loss  of access, severance or control of access, the
[corporation] COMMISSIONER, for and on behalf of the people of the state
of New York, may acquire by purchase or grant all or any portion of such
remaining property. Payment therefor, if  any,  shall  be  made  in  the
manner  prescribed in this section for the payment of adjusted appropri-
ation claims, provided, however, that  no  real  property  shall  be  so
acquired  unless  the  title  thereto  shall be approved by the attorney
general.
  S 20. Section 41 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  41.  Acquisition  of  cemeteries.  Whenever  in the judgment of the
[corporation] COMMISSIONER, it is necessary for the purposes of  improv-

S. 483--A                          18

ing, maintaining or repairing the canal system, to appropriate any prop-
erty  occupied  by  graves, burial places, cemeteries or other places of
interment of human remains, the [corporation] COMMISSIONER  may  acquire
such  property  in the manner and by the method prescribed by this arti-
cle. [It] HE OR SHE shall cause the removal of all such remains  to  any
other  cemetery or burial place, whether private or public, as the board
of trustees or governing body of such  burial  place  or  burial  ground
shall  designate.  All removals and transportation of such human remains
shall be done in accordance with the provisions  of  the  public  health
law. Whenever any person or persons legally entitled to direct as to the
disposition of any human remains exhumed or to be exhumed from any ceme-
tery,  burial  place or graves as herein provided, desires to remove the
same for reinterment to any burial plot or cemetery not within the  same
county  from  which such remains were exhumed, such person or persons so
entitled to designate such other burial place or plot shall be permitted
to remove such exhumed remains from such county subject to  the  written
consent  of  the [corporation] COMMISSIONER and provisions of the public
health law, but no portion of the  expense  of  such  transportation  or
burial  in  another  county  shall  be borne by the state [or the corpo-
ration].
  S 21. Section 42 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  42.  Removal  of  encroachments.  The [corporation] COMMISSIONER is
authorized to cause to be removed from canal property any building, part
of a building or structure  erected,  placed,  maintained  or  otherwise
occupying  such  canal  property,  if,  in [its] HIS OR HER opinion, the
removal is necessary for the  improvement,  use,  maintenance,  control,
management,  repair  or  operation  of the canal system. It shall be the
duty of any person owning or maintaining such  a  building,  part  of  a
building  or  structure  to  remove the same within thirty days from the
service by the [corporation] COMMISSIONER upon said person of  a  notice
ordering  its  removal.  Upon  the  failure  of the person so ordered to
remove the building, part of a building or structure, the  [corporation]
COMMISSIONER  may,  without  liability  on the part of the state [or the
corporation], take whatever action [it] HE OR SHE may deem necessary  to
cause  the  removal. Service of the order of removal must be personal if
the person to be served can be found within the state.  If  the  [corpo-
ration] COMMISSIONER shall not be able to serve such notice or cause the
same  to  be  served  on  the  [said] SUCH person within the state after
making a reasonable effort so to do, service may be  made  by  attaching
such  notice  to  the [said] SUCH building, part of a building or struc-
ture.
  S 22. Section 43 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  43. Exchange of property. In order to facilitate the acquisition of
property as defined in this article, and which, in the judgment  of  the
[corporation] COMMISSIONER, will be in the public interest and necessary
for canal purposes, payment for such property may be made by means of an
exchange  therefor of property found to be no longer necessary or useful
as a part of the barge canal system, or as an aid to navigation thereon,
or for barge canal terminal purposes. The property  to  be  so  acquired
shall  be  of  at  least  equal  value  to  that  of such property to be
exchanged. The [corporation] COMMISSIONER is authorized and empowered to
enter into an agreement with the owner or owners of such property to  be
so  acquired,  upon  such  terms and conditions as to such [corporation]

S. 483--A                          19

COMMISSIONER shall  seem  appropriate  and  proper  to  accomplish  such
purpose.
  In  all  such  cases,  the  property so to be exchanged shall first be
declared abandoned by official order of the  [corporation]  COMMISSIONER
which  order  shall  set  forth  the  benefits  to  be  obtained by such
exchange. In such abandonment it shall be unnecessary to conform to  the
provisions  for  abandonment  made in section fifty-one of this chapter.
The agreement and the title to the property  to  be  acquired  shall  be
subject  to  the  approval of the attorney-general. Upon the approval of
title by the attorney-general, the [corporation] COMMISSIONER is author-
ized and empowered to execute in the name of the people of the state  of
New  York, a quit-claim deed to effectuate such exchange, which shall be
subject to the approval of the attorney-general. The deed  so  executed,
before becoming effective, shall be recorded in the office of the secre-
tary  of  state.  Compensation on account of excess value if any, of the
lands so acquired shall be adjusted and paid in the manner  provided  by
section  forty  of  this  article,  as  in the case of property taken by
appropriation.
  S 23. Section 50 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  50.  Authority  to  abandon  canal  lands.  1.  Authority is hereby
conferred upon the [corporation] COMMISSIONER to abandon any portion  of
barge  canal  lands,  barge canal terminal lands, or old canal lands and
appertaining structures constituting the canal system prior to the barge
canal improvement, which have or  may  become  no  longer  necessary  or
useful  as  a  part  of  the barge canal system, as an aid to navigation
thereon, or for barge canal terminal purposes. This authority,  however,
shall  not include the abandonment of a barge canal terminal unless such
terminal has been by a special act of the legislature previously  deter-
mined  to  have  become  no  longer necessary or useful as a part of the
barge canal system, as an aid to navigation thereon, or for barge  canal
terminal purposes.
  2.  Abandonments  authorized pursuant to this section shall be subject
to the provisions of subdivision seventeen of section ten of this  chap-
ter.
  S  24.  Section  51  of the canal law, as amended by chapter 44 of the
laws of 2009, is amended to read as follows:
  S 51. Method of abandonment. Prior to the exercising of such authority
of abandonment, however, the [corporation] COMMISSIONER  shall  cause  a
notice  of  any proposed abandonment to be transmitted to the commission
and to be published once each week for three successive weeks in a news-
paper published in the county wherein such  lands  are  located,  except
that such publication shall appear in a newspaper published in the muni-
cipality  or  locality  wherein  such  lands are located when there is a
newspaper published in such municipality or locality. Such notice  shall
describe the lands proposed to be abandoned with sufficient certainty to
identify  them  and invite interested parties to file written statements
either supporting or opposing the proposed abandonment. Upon the expira-
tion of the period of publishing said notice, when it is the  case  that
the  assessment  for  such lands proposed for abandonment is equal to or
greater than fifty  thousand  dollars,  the  [corporation]  COMMISSIONER
shall  hold  a  hearing  at which evidence or further information may be
submitted. A record shall be made of  all  evidence  submitted  at  such
hearing. If no hearing shall appear to the [corporation] COMMISSIONER to
be  warranted  or  subsequent  to  such hearing, should one be held, the
[corporation] COMMISSIONER may in [its] HIS OR  HER  discretion  declare

S. 483--A                          20

such  lands  abandoned for the purposes of the canal system. The [corpo-
ration] COMMISSIONER shall thereupon issue an official order  abandoning
the  lands for canal purposes together with a map and description of the
lands  abandoned and dispose of any portion of canal lands so abandoned.
Any money realized from the sale of such land shall  be  deposited  into
the canal fund.
  S  25.  Section  53 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 53. Sale of abandoned lands for railroad bridges. Whenever any canal
lands, as defined in article  one  of  this  chapter,  are  required  in
connection  with  any  railroad  bridge which has been or which is to be
constructed, reconstructed or raised by or for  a  railroad  corporation
over  that  portion  of the barge canal, which has been or which will be
improved by the use of moneys allotted or to be allotted to the state by
the federal government in accordance with chapter  six  hundred  eighty-
eight  of  the  laws  of nineteen hundred thirty-four, the [corporation]
COMMISSIONER may issue an official order abandoning the lands for  canal
purposes.  Upon  a  written  request  by  the  railroad corporation, and
notwithstanding the provisions  of  any  general  or  special  law,  the
[corporation]  COMMISSIONER  is authorized to grant and convey such land
to said railroad corporation for and on behalf  of  the  people  of  the
state  of New York for the purposes mentioned and for a nominal or other
consideration and upon such terms and conditions which he OR  SHE  shall
deem to be beneficial to the state. Such instrument of grant and convey-
ance  shall  become  effective  when it is recorded in the office of the
secretary of state. Any moneys realized from the sale of such land shall
be deposited into the canal fund.
  S 26. Section 54 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  54.  Abandonment  and sale of hydropower easements; agreements with
hydropower developers. 1. Notwithstanding  subdivision  two  of  section
three  or section fifty of the public lands law or section fifty, fifty-
one or fifty-two of this article, upon  request  of  a  person  licensed
under  Part  I  of the Federal Power Act (16 USC S 791a-823a) to develop
and operate a hydropower project at a site on the  barge  canal  system,
the [corporation] COMMISSIONER may adopt an order abandoning a hydropow-
er  easement in barge canal system lands and waters which are within the
boundaries of such federally licensed project, upon finding the property
rights under such easement to be no longer necessary or useful as a part
of the barge canal system, as an aid to navigation thereon, or for barge
canal terminal purposes. Upon adoption  of  such  order,  and  with  the
approval  of  the  governor, the [corporation] COMMISSIONER may sell and
convey such easement at private sale to such  licensed  developer.  Such
hydropower  easements  shall be sold for a price to be determined by the
[corporation] COMMISSIONER taking into consideration the value of  obli-
gations  to  be  assumed  by  such  licensed developer, the value of the
rights granted to such developer to use canal system lands,  waters  and
facilities  for  hydropower  project  purposes and any other appropriate
factors.
  2. Any hydropower easement abandoned, sold and  conveyed  pursuant  to
subdivision one of this section shall be limited as follows:
  (a)  The easement shall convey only those rights necessary and conven-
ient for the development and generation of hydropower  pursuant  to  the
provisions  of the applicable federal hydropower license and only within
the boundaries of the hydropower project as licensed.

S. 483--A                          21

  (b) The easement shall be subservient  to  the  fee  retained  by  the
state.
  (c) The easement shall not give the owner the right to interfere with,
either  by  act  or  omission, the management and control by the state[,
through the corporation,] of the barge canal system.
  (d) The easement shall provide that it shall revert to the state under
terms and conditions to be determined by the [corporation]  COMMISSIONER
in  the event that the site ceases to be used for purposes of hydropower
development and generation.
  3. The [corporation] COMMISSIONER may also enter into agreements  with
such  a licensed developer regarding the division of maintenance respon-
sibility for structures, facilities or other property which  serve  both
hydropower  generation  and  barge  canal  system purposes and regarding
other matters concerning joint operation at the  site.  Such  agreements
may  provide  for the payment to the [corporation] DEPARTMENT of reason-
able compensation for services rendered by the [corporation]  DEPARTMENT
which  assist  or otherwise further the development of hydropower on the
barge canal system. In addition, the [corporation] COMMISSIONER, subject
to the approval of the director of the budget, may enter into a  written
agreement  with  a licensed developer or operator at any site concerning
the sharing of costs for a major capital improvement or improvements  at
such  site.  Should the contract for such improvement or improvements be
let and awarded by the [corporation] COMMISSIONER, the state comptroller
is authorized to receive and accept from the developer or operator,  the
sum  or  sums specified in such agreement and to disburse the same along
with state funds appropriated for the purpose of such  capital  improve-
ment or improvements.
  4. Any revenue realized from the sale or lease of hydropower easements
shall be deposited into the canal fund.
  S  27.  Section  55 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 55. Authority to lease land. 1. The  [corporation]  COMMISSIONER  is
hereby  authorized,  after  review  and  comment by the commission as to
consistency with the  canal  recreationway  plan  approved  pursuant  to
section  one  hundred  thirty-eight-c  of this chapter and section three
hundred eighty-two of the public authorities law, to enter  into  leases
of  canal  lands,  canal  terminals,  and canal terminal lands which are
consistent with the canal recreationway plan. Such  review  and  comment
shall  be provided within the time period set forth in the procedures of
the   commission   established   pursuant   to   section   one   hundred
thirty-eight-b of this chapter which shall be no more than sixty days.
  2. Lands to be leased shall be determined by the [corporation] COMMIS-
SIONER to have no essential purpose for navigation.
  3.  Leases  of  canal  lands, canal terminals and canal terminal lands
shall be for purposes which are consistent with the New York state canal
recreationway plan approved pursuant  to  section  one  hundred  thirty-
eight-c  of  this  chapter  and  section three hundred eighty-two of the
public authorities law.
  4. The  [corporation]  COMMISSIONER  shall  consider  fully  completed
applications for leases of canal lands, canal terminals and canal termi-
nal  lands  in  such  form  and manner as the [corporation] COMMISSIONER
shall prescribe.
  5. Canal lands, canal terminals and canal terminal  lands  within  the
Adirondack park shall not be leased.

S. 483--A                          22

  6.  The [corporation] COMMISSIONER shall provide assistance, including
reasonable access to lands, as may  be  necessary  to  assist  potential
applicants in preparing an application.
  7. The [corporation] COMMISSIONER may require an applicant for a lease
to  provide  necessary property surveys, environmental studies, maps and
photographs, site plans and such other  documents  and  studies  as  the
[corporation]  COMMISSIONER  may  determine to be necessary to ascertain
the compatibility of proposed development with the New York state  canal
recreationway  plan  and  for the [corporation] COMMISSIONER to select a
qualified lessee.
  8. Revenues realized from the lease of canal  lands,  canal  terminals
and canal terminal lands shall be deposited into the canal fund.
  S  28.  Section  56 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 56. Conditions and terms of leases. Leases for  canal  lands,  canal
terminals and canal terminal lands shall include:
  1.  the period of time for such leases, provided that the initial term
of such leases may not exceed forty years, and renewals of  such  leases
may not exceed an additional forty years beyond such initial terms;
  2.  requirements  that  the  lessee  take  no  actions or construct no
improvements that will interfere with navigation,  except  that  if  the
[corporation]  COMMISSIONER determines that any potential adverse inter-
ference with navigation can be reasonably mitigated,  the  [corporation]
COMMISSIONER  shall  include  in  the  lease such requirements as may be
necessary to effectuate mitigation of impediments to navigation;
  3. proper covenants to assure the payment  of  adequate  consideration
for  the  interests  leased,  and  to further protect the state [and the
corporation] as is deemed necessary by the [corporation] COMMISSIONER;
  4. provisions requiring that payments on the lease shall  be  paid  to
the [corporation] DEPARTMENT;
  5.  provisions relating to public access, where feasible, to lands and
waters of the canal system;  provided  however  that  the  [corporation]
COMMISSIONER may require that public access be restricted in those cases
where  the [corporation] COMMISSIONER determines that public safety will
be served by such restriction;
  6. provisions providing a right of entry for  commission  and  [corpo-
ration]  DEPARTMENT  members  and  personnel  and  equipment  for  canal
purposes; and
  7. such other terms as the [corporation] COMMISSIONER shall  determine
are necessary and appropriate for the implementation of this article and
the preservation of the state's interest in the canal system.
  S  29.  Section  57 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 57. Special conditions for leases entered prior to approval of canal
recreationway plan. 1. In the period between the effective date of  this
section  and the completion of the canal recreationway plan, the commis-
sion shall review and comment on proposed leases  with  respect  to  the
consistency  of  such leases with the provisions of this article.  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,
during such period the commission  shall  also  review  and  comment  on
proposed leases with respect to the compatibility of such leases, to the
extent  practicable, with the requirements of such local zoning laws and
zoning ordinances.
  2. In addition to the other applicable provisions of this article, the
[corporation] COMMISSIONER shall ensure that: (a) the lease will benefit

S. 483--A                          23

the canal system by effectuating the  development  of  the  canal  as  a
recreationway; (b) the lease will foster a canal system characterized by
clusters of development and stretches of undeveloped open space which is
conducive  to the preservation of waterfowl, fish and wildlife habitats;
and (c) may encourage the use of historic buildings, sites and districts
listed on or eligible for the state or national  registers  of  historic
places.
  S  30.  Section  60 of the canal law, as amended by chapter 420 of the
laws of 1968, is amended to read as follows:
  S 60. Alteration of  county  roads  or  town  highways.  Whenever  the
commissioner  [of transportation] shall deem it necessary to discontinue
or alter any part of a county road or town highway because of its inter-
ference with the proper location or construction  of  any  work  on  the
canal system either of [improvment, maintance,] IMPROVEMENT, MAINTENANCE
or repair he OR SHE shall direct such discontinuance or alteration to be
made  and file in the office of the clerk of the county or town in which
such road or highway is situate, an accurate description of the part  of
such  road or highway so discontinued and of the one laid out anew. From
the time of filing such  description  such  road  or  highway  shall  be
considered  so altered. The use of such old road or highway shall not be
discontinued until the new road or highway is declared open  for  public
use  by  the commissioner [of transportation], and a certificate to such
effect filed in the office of the clerk of the county or town  in  which
said  road  or  highway  is located. Every alteration made on any public
road located upon the canal system before  the  first  day  of  January,
nineteen  hundred  and thirty-nine shall be deemed valid in law from the
time of such alteration.
  S 31. Section 61 of the canal law, as amended by chapter  420  of  the
laws of 1968, is amended to read as follows:
  S  61. Farm and road bridges.  The commissioner [of transportation] is
authorized and required to maintain until April first, nineteen  hundred
fifty-four,  at  public  expense  farm, road and street bridges over the
canal system, in all places where such bridges were constructed prior to
the twentieth day of April, eighteen hundred thirty-nine, if, in his  OR
HER opinion, the public convenience requires that they should be contin-
ued, whether heretofore maintained at the expense of the state or of the
counties,  towns,  villages and cities where they are situate, provided,
however, that commencing on the first day  of  April,  nineteen  hundred
fifty-four, and continuing thereafter, the maintenance, repair, improve-
ment,  replacement or closing of any such bridge over any section of the
canal heretofore abandoned or which may hereafter be abandoned shall  be
governed  by  the  provisions  of  the highway law, except that any such
bridges situate in a  city  shall  be  maintained,  repaired,  improved,
replaced or closed in the same manner and subject to the same provisions
of law as apply to other streets and bridges in such city.
  S  32.  Section  62 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 62. Maintenance by state of certain bridges over the  canal  system.
All highway or pedestrian, lift or movable bridges over the canal system
other  than  highway bridges connecting parts of a state highway hereto-
fore constructed as a part of  the  barge  canal  improvement  shall  be
reconstructed,  improved,  maintained and repaired at the expense of the
state, if in the opinion of the commissioner  [of  transportation],  the
public  convenience  requires  such  bridges  to  be maintained where no
alternate crossing has been provided. In the event the commissioner  [of
transportation]  determines  that  any such bridge is no longer required

S. 483--A                          24

for the convenience of the public, he OR SHE shall have power to  close,
remove  or  relocate  such  bridge. The commissioner [of transportation]
shall  have  the  supervision  and  direction  of  such  reconstruction,
improvement,  maintenance,  repair, closing, removing or relocation. All
bridges over the canal system other than lift,  movable,  pedestrian  or
state  highway bridges heretofore constructed as part of the barge canal
improvement shall be reconstructed, improved, maintained and repaired at
the expense of the state under the  supervision  and  direction  of  the
commissioner  [of transportation], if, in his OR HER opinion, the public
convenience requires that each such  bridge  shall  be  continued  as  a
bridge  for highway traffic. In the event the commissioner [of transpor-
tation] is requested by any municipality to reconstruct or  improve  any
such  bridge, he OR SHE is hereby empowered to do so, provided, however,
that prior to such reconstruction or improvement the municipality enters
into a written agreement that such bridge thereafter shall become a part
of the highway system or systems which it may connect  and  the  mainte-
nance,  repair,  improvement,  replacement or closing of any such bridge
shall be governed by the provisions of the highway law, except that  any
such  bridges situate in a city shall be maintained, repaired, improved,
replaced or closed in the same manner and subject to the  provisions  of
any  special  law  which  may  apply or to the same provisions of law as
apply to other streets and bridges in such city or in the case  of  such
bridges  situate  in  a  village,  such  bridges  shall  be  maintained,
repaired, improved, replaced or closed in the same manner and subject to
the same provisions of law as apply to other streets and bridges in such
village. Any bridge over the New York state canal  system  or  abandoned
part  thereof  which  joins  parts of a state highway shall be under the
jurisdiction of the commissioner [of transportation] and  deemed  to  be
part  of the state highway system and such bridges shall be constructed,
reconstructed,  improved,  maintained,  repaired,  closed  or  relocated
pursuant  to the provisions of the highway law and the cost of such work
shall be paid from moneys available  for  construction,  reconstruction,
improvement, maintenance or repair of state highways.
  S  33.  Section  63 of the canal law, as amended by chapter 420 of the
laws of 1968, is amended to read as follows:
  S 63. Maintenance by state of alteration to  certain  highway  bridges
not state owned.  When in the canalization of a natural waterway to form
a  part  of the canal system it has been or may be necessary to alter an
existing highway bridge spanning the canalized portion of the  waterway,
the  maintenance  and  repair  of the additional or new part or parts of
such bridge structure which may have been or may be necessary in  alter-
ing the bridge to meet the requirements of navigation, shall be an obli-
gation  of  the  state.  The commissioner [of transportation] shall have
supervision and direction over such maintenance or repairs, the cost  of
which  shall  be  defrayed from moneys appropriated for the improvement,
maintenance and repair of the canal system.
  S 34. Section 64 of the canal law, as amended by chapter  420  of  the
laws of 1968, is amended to read as follows:
  S  64.  Commutation for bridges.  The commissioner [of transportation]
may commute with owners and claimants of  bridges  over  any  canal,  by
paying  such  owner  or  claimant such sum in lieu of a bridge as may be
agreed on between the claimant and the commissioner [of transportation].
If, in the opinion of the commissioner  [of  transportation],  a  bridge
should not be rebuilt, and the amount to be paid be not agreed upon, the
bridge  shall  not  be built, but the damages sustained by such owner by
being deprived of such bridge and which the state under all the  circum-

S. 483--A                          25

stances  ought  of right to pay, shall be ascertained in the same manner
as damages for the appropriation of real property, for the  use  of  the
canal  and paid by the commissioner [of transportation], on the approval
of  the attorney-general. If the damages claimed are for the deprivation
of a bridge which the claimant had before constructed or maintained, the
circumstance of his OR HER being equitably bound to  contribute  propor-
tionately  toward the construction and maintenance of an enlarged bridge
shall be taken into consideration and a proper amount  of  that  account
shall  be  set off against any damage to which the claimant might other-
wise be entitled.
  S 35. Section 65 of the canal law, as amended by chapter  420  of  the
laws of 1968, is amended to read as follows:
  S  65.  Private road in lieu of farm bridges.  If the commissioner [of
transportation] cannot agree with the owner of a farm bridge spanning  a
canal  as to the amount of commutation in any case where he OR SHE is of
the opinion that the state should erect such bridge, and the commission-
er [of transportation] determines that a private road through  adjoining
lands will sufficiently accommodate such owner, and that the same can be
laid  out  with  economy  to the state, he OR SHE may take the necessary
action to lay out a private road for the accommodation of the owner,  in
the manner prescribed by law for laying out private roads and pay to the
owner  of  the  lands  through  which  the same is laid out, the damages
assessed.
  S 36. Section 66 of the canal law, as amended by chapter  420  of  the
laws of 1968, is amended to read as follows:
  S  66.  Restrictions  on the construction of farm and road bridges.  A
person shall not be entitled to demand a farm bridge across a  canal  or
feeder  where  the  necessity  of  convenience of such bridge shall have
arisen from the division or acquisition of property  subsequent  to  the
location  of  such canal or feeder. A street or road bridge shall not be
constructed by the commissioner [of  transportation]  over  a  canal  or
feeder,  except  upon  such streets or roads as were laid out, worked or
used, previously to the construction of the canal or  feeder,  by  which
such  street  or road is obstructed; and when bridges are constructed or
reconstructed upon any such streets or roads,  the  cost  to  the  state
shall  in  no  case  be  more than is required to preserve in a safe and
substantial manner the continuity of such streets or roads so as not  to
unnecessarily  impair  their  usefulness. When a bridge of a more costly
nature is desired by the local authorities of a city,  town  or  village
within  whose  corporate  limits a bridge is to be built or rebuilt, the
commissioner [of transportation], on presentation to him OR HER by  such
local  authorities  of  plans  and  specifications  for  such bridge and
approval thereof by him OR HER shall estimate and determine the  propor-
tion  of  the  cost,  which, in order to preserve the continuity of such
streets and roads, the state ought equitably to pay, and file such esti-
mate and determination in his OR HER office and a duplicate  thereof  in
the office of the clerk of such city, town or village. If a private road
or public highway is laid out by legal authority in such direction as to
require  the erection of a new bridge over a canal for the accommodation
of the road, such bridge shall be so constructed and forever  maintained
at  the  expense of the town, village or city in which it shall be situ-
ated.
  S 37. Section 67 of the canal law, as amended by chapter  420  of  the
laws of 1968, is amended to read as follows:
  S  67.  Construction of bridges by municipal corporations.  The common
council of any city may provide by ordinance for the erection of a lift,

S. 483--A                          26

hoist or swing bridge over a canal at any street in such city, on  plans
and  specifications approved by the commissioner [of transportation]. If
the commissioner [of transportation] shall consent to such  erection  he
OR  SHE  shall  file such consent with the clerk of such common council.
Such bridge shall be built, operated and  maintained  under  the  super-
vision  and  control of the commissioner [of transportation], but at the
expense of such city or of the property adjudged by the  common  council
to be so benefited.
  S  38.  Subdivision  1  of  section 68 of the canal law, as amended by
chapter 420 of the laws of 1968 and as designated by chapter 422 of  the
laws of 1994, is amended to read as follows:
  1. When a bridge spanning the Oswego canal or that portion of the Erie
canal  between  the Hudson river and its junction with the Oswego canal,
is to be reconstructed, or a  new  bridge  is  to  be  built  over  such
sections  of the canal system, such reconstructed or new bridge shall be
so built as to provide a clear passageway between the  bottom  clearance
line  of  the bridge, if of the fixed type, or the bottom clearance line
when raised, if of the movable type, and the surface of the water at its
highest navigable stage of not less than twenty feet.    When  a  bridge
spanning  the  Champlain  canal,  the  Cayuga and Seneca canals, or that
portion of the Erie canal westerly of  Three  Rivers  is  to  be  recon-
structed  or a new bridge is to be built over such sections of the canal
system, such reconstructed or new bridge shall be so built as to provide
a clear passageway between the bottom clearance line of the  bridge,  if
of  the  fixed type, or the bottom clearance line when raised, if of the
movable type, and the surface of the  water  at  its  highest  navigable
stage, of not less than fifteen and one-half feet.  The commissioner [of
transportation]  may,  however, if in his OR HER judgment the additional
cost is not unreasonable, require that such bridges be reconstructed  or
constructed  to provide a clearance of not less than twenty feet or that
the substructure of such bridge be so constructed that  the  superstruc-
ture  may  be  raised  to  provide  a  clearance  of twenty feet without
rebuilding the foundation of said substructure.
  S 39. Section 69 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  69.  Damages caused by excessive loads. The commissioner [of trans-
portation] shall cause, where required, the posting of all bridges under
his OR HER jurisdiction located on the canal system in  conformity  with
the  provisions  of  the  vehicle and traffic law. Upon all such bridges
incapable of safely carrying legal loads as prescribed in  such  law  or
where  the  overhead clearance is less than the legal height of fourteen
feet, the commissioner [of transportation] shall have displayed on  both
ends  of  such bridge signs stating the safe carrying capacity and legal
clearance of such structure, all in accordance with  the  provisions  of
section  three  hundred  eighty-five  of the vehicle and traffic law. No
person shall cause to be transported over such a bridge a vehicle  whose
load  is in excess of that shown upon the posted sign or whose height is
in excess of the legal clearance as  shown  on  such  posted  sign.  Any
person  violating the above provisions shall be subject to the penalties
imposed under section three hundred eighty-five of the vehicle and traf-
fic law and in addition thereto shall be liable for all damages to  such
structure  resulting  from  violation  of such law. The commissioner [of
transportation] is hereby authorized and directed to proceed, on  behalf
of  the  people of the state, to cause to be recovered, by the attorney-
general in an appropriate action in any court of competent jurisdiction,

S. 483--A                          27

the amount of damages sustained and expenses incurred by  the  state  in
consequence of such violation.
  S 40. Section 69-a of the canal law is REPEALED.
  S  41.  Section  70 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 70. Cargo statement. The master  of  any  float  shall  furnish  the
[corporation]  COMMISSIONER  or  [its]  HIS OR HER representative a true
statement of the quantity and description of the lading of  such  float,
specifying the place from which it departed and to which it is destined.
Any  master  who  refuses  to  comply with any provision of this section
shall forfeit to the people of the state a penalty  not  to  exceed  one
hundred dollars, which shall be paid into the canal fund.
  S  42.  Section  71 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 71. Registry of canal floats. The owner of every commercial float to
be navigated on the canal system shall make application to  the  [corpo-
ration]  COMMISSIONER  for a New York state certificate of registry. The
application shall be in THE form prescribed by the [corporation] COMMIS-
SIONER and shall contain such information as the  [corporation]  COMMIS-
SIONER  may  deem  essential for full and complete identification of the
float and the owner thereof. It shall be signed by the owner if an indi-
vidual, or by an officer of a company, partnership or corporation if  so
owned.  Upon receipt of an application in proper form, the [corporation]
COMMISSIONER shall assign a state registry number and issue to the owner
a certificate of New York state registry,  a  copy  of  which  shall  be
entered in the records of its office.
  S  43.  Section  72 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 72. Change of ownership, name or hailing place.  Should  the  owner-
ship,  name or hailing place of a float change after state registry, the
owner of the float shall make new application in form  similar  to  that
required  for original registry and upon receipt of such application the
[corporation] COMMISSIONER shall issue a new state certificate of regis-
try and record the same in its office. The owner or owners of a  commer-
cial  float  found  navigating  the canal system, the ownership, name or
hailing place of which shall have been changed without  proper  applica-
tion  for re-registry to the [corporation] COMMISSIONER, shall, upon due
proof thereof be subject to a penalty to the people of the state of  New
York  not  to  exceed  one  hundred  dollars recoverable by the attorney
general in an action in any court of competent jurisdiction.
  S 44. Section 73 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S 73. Registered owner to be advised of assessments and penalties. The
[corporation] COMMISSIONER shall advise the person whose name appears on
the  latest application for registry on file in [its office] THE DEPART-
MENT of any assessments, penalties or other  charges  levied  against  a
float  or its crew for acts or omissions occurring while the float is on
the canal system. Should  the  registered  owner  fail  to  make  prompt
payment  of  such  assessments,  penalties or charges, the [corporation]
COMMISSIONER may refuse clearance to  the  float  and  action  shall  be
instigated as provided under section eighty-three of this article.
  S  45.  Section  74 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 74. List of registered floats  to  be  prepared.  The  [corporation]
COMMISSIONER  shall  make  a  list of all floats to which New York state
certificates of registry have been issued. This list shall be  corrected

S. 483--A                          28

at  least  once  in each calendar year and a copy of such corrected list
shall be filed in the office of each of the  district  engineers  having
supervision  over  portions of the canal system. The list shall be filed
in  the [office of the corporation] DEPARTMENT and shall be available to
public inspection within regular office hours.
  S 46. Section 75 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  75.  Clearance  and  ownership. Every commercial float shall have a
clearance. Clearances may be obtained at such  places  along  the  canal
system  and  at  such other points as the [corporation] COMMISSIONER may
direct. No clearance shall be granted to any commercial float unless the
person authorized to issue such clearance has evidence that  such  float
is  duly  registered in the [office of the corporation] DEPARTMENT. Each
float shall have a separate clearance and no part of the cargo shall  be
cleared  to a place beyond which the float is cleared. The [corporation]
COMMISSIONER may, in [its] HIS OR HER  discretion,  refuse  to  issue  a
clearance for a vessel against whose registered owner there is an unpaid
penalty involving such vessel for the violation of rules and regulations
adopted pursuant to this chapter.
  S  47.  Section  76 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 76. Regulations with respect to clearance. No commercial float shall
proceed beyond the place to which it is cleared, nor unload any  of  its
cargo,  before  or after its arrival, at the place from which such arti-
cles are cleared, nor proceed beyond such place until the master thereof
delivers the clearance of such float or articles to  the  person  desig-
nated  by  the  [corporation]  COMMISSIONER  to receive the same, at the
place for which they are cleared. If there is no canal official at  such
place,  then  to  the canal official whose office shall be passed by the
float in the order of its voyage, and receive permission from such canal
official to proceed to the place to which it is cleared.
  S 48. Section 77 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  77. Copy of clearance. The [corporation] COMMISSIONER, or [its] HIS
OR HER representative issuing a clearance or with whom  a  clearance  is
filed,  shall,  when  requested,  furnish a copy thereof, with any addi-
tional cargo entered thereupon and the  several  indorsements,  if  any,
which  copy  shall  have  the  same  validity and effect as the original
clearance of which it is a copy.
  S 49. Section 78 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S 78. Assignment of berths for loading or unloading. The [corporation]
COMMISSIONER or [its] HIS OR HER representative may assign berths to all
floats  while loading or unloading at any landing place upon a canal and
determine disputes  concerning  same.  The  [corporation]  COMMISSIONER,
shall,  as to any of the locks, terminals or mooring places of the canal
system used by floats, regulate and station such  floats  for  the  best
interest of navigation. The [corporation] COMMISSIONER may determine how
far and in what instances masters and other persons having charge of any
float  shall  accommodate  each other in their respective anchorages. If
any master or other person having control of any float within the limits
of such waters shall neglect or refuse to obey  the  directions  of  the
[corporation]  COMMISSIONER,  or [its] HIS OR HER representative, in any
such matters within [its] HIS OR  HER  authority,  or  shall  resist  or
oppose  the  [corporation]  COMMISSIONER  in  the  execution of the said
duties, such person shall be liable to  a  penalty  not  to  exceed  one

S. 483--A                          29

hundred  dollars,  recoverable  by the [corporation] COMMISSIONER in any
court of competent jurisdiction, and payable into the canal fund.
  S  50.  Section  79 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 79. Floating elevators. Any person owning or leasing, in whole or in
part, any floating elevator used for loading grain, coal, sand, or other
material, shall, upon application  to  and  in  the  discretion  of  the
[corporation]  COMMISSIONER,  be  assigned  a place for and permitted to
keep said floating elevator in the waters of the canal  system  of  this
state,  at  such point as may be most convenient for and for such period
of time as may be necessary for the transaction of the business of load-
ing or unloading grain, coal, sand, or other material, shipped or to  be
shipped  on  the  canals; provided, however, that such floating elevator
shall cause no obstruction to the free  and  uninterrupted  use  of  the
canal  system  by floats navigating thereon. While such elevators are in
operation, they shall be equipped with such device  or  devices  as  the
[corporation]  COMMISSIONER  may determine to prevent the material being
loaded or unloaded from such float, from falling into such waters.
  S 51. Section 80 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  80. Supplying deficiencies of water. Whenever the navigation of any
part of the canal system is endangered by  reason  of  a  deficiency  of
water,  the [corporation] COMMISSIONER shall, without delay, supply such
deficiency. For that purpose [it]  THE  COMMISSIONER  shall  resume  the
temporary  use  of  all  the surplus water leased, licensed or withdrawn
under revocable permit from the part of  the  canal  system  where  such
deficiency  exists.  If  there  still be a deficiency of water, [it] THE
COMMISSIONER may enter upon and use all lands, streams and waters which,
in [its] HIS OR HER judgment, may be necessary or proper to be  used  to
procure  a  temporary supply of water for such part of the canal system.
The [corporation] COMMISSIONER may enter  into  an  agreement  with  the
owner  or  owners  of any property used for such temporary purpose under
this section covering the amount of  damage  sustained.  Such  agreement
when  approved by the attorney-general shall become an obligation of the
[corporation] COMMISSIONER and paid from moneys available  therefor.  In
case  no agreement is consummated the amount of damages sustained may be
determined as provided in section one hundred twenty of this chapter. No
damages shall be allowed in any case for resuming the use of any surplus
water which has been withdrawn under lease, license or revocable permit.
  S 52. Section 81 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  81.  Deposit of refuse in navigable waters. It shall be unlawful to
throw from or otherwise deposit, either from or out of any float or from
the shore, wharf, manufacturing  establishment  or  mill  of  any  kind,
refuse or other matter of any description, into any of the waters of the
canal  system  or into any waters dredged at public expense and used for
canal purposes. Every person that shall violate the provisions  of  this
section shall be subject to damages to the amount as will compensate the
[corporation]  COMMISSIONER  for the expenses involved in restoring such
waters to its useful condition to meet the needs of canal navigation. It
shall also be unlawful for any person to obstruct the  navigation  of  a
canal  by  the improper mooring, management or conduct of a float, or by
placing any obstruction on the banks thereof.
  S 53. Section 82 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:

S. 483--A                          30

  S 82. Seizure of obstruction. The [corporation] COMMISSIONER may cause
to  be  seized  and  removed  any object, article, float or sunken thing
found within the limits of the canal system not under the care or charge
of any person.  [It] THE COMMISSIONER shall sell or offer for  sale  all
seized objects, articles, floats or sunken things either before or after
their  removal, as [it] HE OR SHE deems essential for maintenance of the
canal system. The sale shall be at public auction after giving ten days'
written notice of such proposed sale conspicuously posted at two  public
places  in  the city or town where such object, article, float or sunken
thing is found unless before the time of such  sale  the  owner  thereof
appears  and  claims  same  and pays to the [corporation] DEPARTMENT the
cost and expense which has been incurred by it in  connection  with  the
seizure,  removal  and  proposed sale. The owner thereof shall be liable
for the cost and expense of such seizure, removal and sale of  the  said
object,  article,  float  or  sunken thing which cost and expense may be
recovered by the attorney-general in an appropriate action or proceeding
brought in the name of the people of the state in any court of competent
jurisdiction. The avails of such sale shall  be  accounted  for  by  the
[corporation]  COMMISSIONER  to  the  department of taxation and finance
which may on the application of the owner and upon due proof  of  owner-
ship  pay  over  such  proceeds to him OR HER after deducting all costs,
expenses and reasonable charges of the seizure, removal and sale  there-
of.  Whenever in the opinion of the [corporation] COMMISSIONER the navi-
gation or operation of any part of the canal system  is  interrupted  or
endangered,  the  [corporation]  COMMISSIONER  may  cause  to be cut up,
destroyed or otherwise removed any  object,  article,  float  or  sunken
thing  in  or partly in the waters of the canal system which may, in its
judgment, be causing such  interruption  or  damage.  The  [corporation]
COMMISSIONER may enter into an agreement with the owner or owners of any
property so cut up, destroyed, or otherwise removed, covering the amount
of damage sustained. Such agreement when approved by the attorney-gener-
al  shall  become an obligation of the [corporation] DEPARTMENT and paid
from moneys available therefor. In case no agreement is consummated, the
amount of damages sustained may be determined as provided in section one
hundred twenty of this chapter.
  S 54. Section 84 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S 84. Damage caused by termination of canal navigation. No part of the
canal  system  of the state which was improved pursuant to chapter seven
hundred ten of the laws of nineteen hundred seven and the  acts  supple-
mental  thereto and amendatory thereof, shall be abandoned or navigation
thereof permanently closed, nor shall the state cede or transfer  owner-
ship,  jurisdiction  or control thereof to the United States pursuant to
authority conferred by constitutional amendment, until the expiration of
one year after the [corporation] COMMISSIONER shall have been authorized
and empowered by law to cause a notice of intention to take such  action
to  be  published  once  in  each month during such year in at least one
newspaper published in each county adjacent to the part  of  such  canal
system  affected  by  such  notice. Each person, who, at the time of the
first publication of such notice, is the owner  of  a  commercial  float
registered  pursuant  to  the  provisions of this chapter, which, at the
close of navigation in such year, shall have been  actually  engaged  in
the  navigation  of  the part of such canal system so abandoned, closed,
ceded or transferred, or so relinquished to the jurisdiction or  control
of  the United States, may present a claim for damages against the state
[including the corporation] to a court of competent jurisdiction,  which

S. 483--A                          31

court shall hear and determine the liability [of the corporation] there-
for;  and,  if  the  court  shall  find that such person has suffered or
sustained damages by reason of such abandonment, closing, ceding, trans-
fer,  or relinquishment which the [corporation] DEPARTMENT, in right and
justice, or in law or equity, is obligated to pay,  such  damages  shall
constitute a valid and legal claim against the [corporation] DEPARTMENT,
and  the  [corporation]  DEPARTMENT shall be deemed liable therefor, and
the court may make an award to such person and render a judgment in  his
OR  HER  favor  against  the [corporation] DEPARTMENT in such sums as it
shall find to be just and equitable. It is declared to be the purpose of
this section to encourage and induce the construction of boats  for  use
upon  such  canal system and their operation thereon and to protect from
loss, financial investments made  in  such  construction  and  operation
caused  by  an  abrupt,  permanent  termination  of  navigation,  or the
creation of conditions, which would result in the impairment, limitation
or destruction of navigation of such canal system by such floats.
  S 55. Section 85 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  85.  Rules  and  regulations.  The [corporation] COMMISSIONER shall
prescribe and enforce rules and regulations, not inconsistent with  law,
governing  navigation  on  the  canals  and for the use of the terminals
connected with the canals and for the use of all other property  of  the
[corporation]  DEPARTMENT  under  the  [corporation's]  COMMISSIONER  OR
DEPARTMENT'S control and maintained as a part of the canal  system.  The
[corporation]  COMMISSIONER  shall provide rules and regulations for the
government of all employees under [its] HIS OR HER control,  engaged  in
the  improvement, repair and maintenance of the canals. [It] THE COMMIS-
SIONER shall cause such rules and regulations to be printed and  a  copy
filed  in  the office of the department of state and a sufficient number
distributed to the various district engineers and other  field  officers
to be kept in their respective offices for public inspection.
  S  56.  Section  90 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 90. Record of operating  expenses.  The  [corporation]  COMMISSIONER
shall  keep an accurate account of all moneys appropriated by the legis-
lature for the improvement, maintenance, repair  and  operation  of  the
canal  system and shall cause to be prepared and filed in the [office of
the corporation] DEPARTMENT on or about January first of  each  year,  a
statement  showing  all such moneys appropriated and how expended during
the preceding fiscal year. The [corporation] COMMISSIONER shall keep  an
accurate  account  of the recoveries made in all actions brought by [it]
HIM or HER OR at [its] HIS OR HER direction, for the recovery of  penal-
ties  or  damages  under  authority  of this chapter and of the cost and
expenses thereof and pay into the canal fund  the  amount  of  all  such
recoveries  and  account  for  the same with the department of audit and
control.
  S 57. Section 91 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S 91. Tonnage statistics. The [corporation] COMMISSIONER shall collect
and  compile  accurate  records of the tonnage transported on the canals
during each season of navigation. Such data,  together  with  all  other
necessary information relative to canal transportation shall be arranged
in  convenient form and furnished to those interested. The [corporation]
COMMISSIONER shall publish from time to time such data  and  information
as,  in [its] HIS OR HER opinion, will promote and encourage commerce on
the canals.

S. 483--A                          32

  S 58. Section 92 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  92.  Annual report. The [corporation] COMMISSIONER shall during the
month of January make a report to the legislature  covering  the  activ-
ities  of  the [corporation] DEPARTMENT with respect to the canal system
for the preceding calendar year ending December thirty-first,  including
therein  details  as  to  the tonnage transported upon the canals of the
state, the condition of  the  canals,  and  the  work  and  improvements
connected  therewith;  the  several  amounts  of moneys appropriated and
expended during the preceding fiscal year and submit recommendations  of
such  measures  in  relation to the canals as, in [its] HIS OR HER judg-
ment, the public interest requires.
  S 59. Section 100 of the canal law, as amended by chapter 335  of  the
laws of 2001, is amended to read as follows:
  S  100.  Granting revocable permits. The [corporation] COMMISSIONER is
hereby authorized, in [its] HIS OR HER discretion,  to  issue  revocable
permits  granting  certain limited privileges therein, whenever the same
can be done without detriment to canal navigation or damage to the banks
or other structures thereof. [It] THE COMMISSIONER shall  prescribe  the
terms  and  conditions by which such revocable permits may be issued for
the temporary use of canal lands or structures and for the diversion  of
canal  waters  for  sanitary, farm purposes, or industrial use. [It] THE
COMMISSIONER may also issue permits, as [it] HE OR SHE shall deem to  be
advantageous  to  the [corporation] STATE, to any person, firm or corpo-
ration, to cut, gather and haul away ice from the canals.  Whenever  any
space  and  facilities  are  available at any canal terminal and when no
detriment or injury to canal traffic or delay  in  handling  same  would
result,  the [corporation] COMMISSIONER may issue a revocable permit for
the temporary and restricted use or occupancy, of  such  canal  terminal
and  the facilities thereof, pursuant to the rules and regulations which
[it] HE OR SHE may prescribe. All  permits  heretofore  granted  by  the
corporation  and  not  canceled,  are hereby legalized and confirmed and
made effectual and valid in accordance with the terms and conditions  in
said permit as fully as if this chapter had been in force on the date of
issuance  of  such  permit.  No liability of any kind shall attach to or
rest upon the state[, including the  corporation,]  for  any  damage  on
account  of  the  granting  or revocation of any permit. Existing permit
holders within the Adirondack park  in  compliance  with  the  terms  of
permits  which  have been properly issued pursuant to law shall continue
to be afforded permits at least until the first day  of  June,  nineteen
hundred ninety-four, unless such permit holders fail to apply for permit
renewal  within  six months of the expiration of such existing or former
permit or permits, or by the first day of August, nineteen hundred nine-
ty-three, whichever is later;  provided,  however,  that  no  additional
development  right or rights may be included in any permit renewed prior
to the first day of June,  nineteen  hundred  ninety-five.  Any  revenue
realized  from  the issuance of such permits shall be deposited into the
canal fund.
  S 60. Section 101 of the canal law, as amended by chapter 335  of  the
laws of 2001, is amended to read as follows:
  S 101. Railroads operating over canals. The [corporation] COMMISSIONER
shall  have  a general supervisory power over so much of any railroad as
passes over any canal or feeder belonging to  the  state  or  approaches
within ten rods thereof, so far as may be necessary to preserve the free
and  perfect  use  of such canals or feeders, or for making any repairs,
improvements or alterations thereupon.  No  railroad  corporation  shall

S. 483--A                          33

construct its railroad over or at any place within ten rods of any canal
or feeder belonging to the state, unless it submits to the [corporation]
COMMISSIONER  a map, plan and profile of such canal or feeder and of the
route  designated for its railroad, exhibiting distinctly and accurately
the relation of each to the other at all the places within the limits of
ten rods thereof, and obtains the  written  permission  of  the  [corpo-
ration]  COMMISSIONER  for  the construction of such railroad, with such
conditions, directions and instructions as in its judgment the free  and
perfect use of any such canal or feeder may require.
  Whenever  any  street  railroad shall cross over any bridge spanning a
canal, or canal feeder, the company owning,  maintaining  and  operating
the  same, shall be deemed liable for and shall pay all damages that may
occur or arise, either to the state or to  persons,  by  reason  of  its
laying and maintaining its tracks or rail over, upon and across any such
bridge, or by reason of the operation of its cars over the same; and any
such  company shall, upon demand of the [corporation] COMMISSIONER, make
any repairs to such structure to insure the continued safety thereof, as
shall have been rendered necessary by reason of such use of said  struc-
ture  by  said  company.  Any  company maintaining or operating a street
railroad over, upon and across any such bridge shall indemnify the state
[including the corporation] against any and all loss, damages or  claims
for  damages  for  injuries  to  persons or property of passengers which
shall be incurred by or made against such state by reason of the  opera-
tion  of  such  railroad  over any such bridge, and the [or corporation]
COMMISSIONER may, in [its] HIS OR HER discretion, require any company so
maintaining or operating a street railroad to furnish a bond, with sure-
ties to be approved by [it] HIM OR HER to indemnify the state [including
the corporation] from all such loss, damage or claim. All  such  permits
heretofore or hereafter granted shall be revocable whenever the free and
perfect use of any such canal or feeder may so require, or if such rail-
road  company  shall  fail to make any such repairs when required by the
[corporation] COMMISSIONER.  The railroad company using or occupying any
bridge over the same shall, within a reasonable time after  the  service
upon  it,  by the [corporation] COMMISSIONER of a written notice of such
revocation, or to make such repairs, remove at its own cost and expense,
its railroad from such bridge and from the limits of ten  rods  of  said
canal or feeder.
  S  61.  Section 102 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 102. Pipe lines crossing canals. No pipe line shall  be  constructed
upon or across any of the canals of this state, except by the consent of
and  in  a  manner  and  upon  the terms prescribed by the [corporation]
COMMISSIONER, unless constructed upon a fixed bridge across  such  canal
and  with the consent of the person, firm or corporation for whose bene-
fit such bridge is constructed and maintained, or  upon  such  a  bridge
over the canal, at the crossing of a public highway, or street, with the
consent of the public officers having the supervision thereof, or of the
municipal  authorities  of  any village or city within whose limits such
bridge may be, nor shall the pipes  of  any  such  corporation  be  laid
through,  on  or  along  the  banks  of any of the canals of this state,
unless such pipes shall be encased so as to  prevent  leakage,  in  such
manner as shall be approved by the [corporation] COMMISSIONER.
  S  62.  Subdivision  1  of section 103 of the canal law, as amended by
chapter 335 of the laws of 2001, is amended to read as follows:
  1. The [corporation] COMMISSIONER shall have the power to impose tolls
for the passage through locks and lift  bridges  by  vessels  which  are

S. 483--A                          34

propelled  in  whole or in part by mechanical power, and to collect such
tolls by the sale of lock and lift bridge passes issued for such periods
of time as the [corporation] COMMISSIONER  shall  determine.  Tolls  for
such  lock  and lift bridge passes shall be established by regulation of
the [corporation] COMMISSIONER with the advice of the canal  recreation-
way  commission  and  following  no  fewer  than  two public hearings at
geographically dispersed locations on the canal system. In addition, the
[corporation] COMMISSIONER may provide by regulation  for  the  sale  of
lock  and lift bridge passes by any other entity, and may allow a charge
for handling by such other entities not to exceed one  dollar  for  each
pass.  No  tolls shall be imposed or collected prior to the first day of
April, nineteen  hundred  ninety-three.  Vessels  owned  by  the  United
States, a state, or subdivision thereof shall be exempted from the tolls
authorized by this section.
  S  63.  Section 104 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 104. Use of dry docks for repairs.  The  [corporation]  COMMISSIONER
may  grant  permission to owners of vessels operating upon the canals to
use the state dry docks to the extent space  is  not  required  for  the
needs  of  canal maintenance vessels, and the [corporation] COMMISSIONER
shall collect from such owners equitable charges for  the  use  thereof.
All sums collected for such use shall be paid into the canal fund.
  S  64.  Section 112 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 112. Exemption of canal  officers  from  arrest  in  civil  actions.
Neither  the [corporation] COMMISSIONER, THE DEPARTMENT, nor any officer
or responsible employee in the [corporation]  DEPARTMENT  in  charge  of
canal  structures  or  forces  thereof, or other public officer employed
upon or in charge of the canal system or part thereof shall be liable to
arrest or to be held to bail in any civil action for  any  act  done  or
omitted  to be done by it in the exercise of its official duties, nor be
subject to military duty while  actually  engaged  in  their  respective
employments upon the canal system while the same is navigable.
  S  65.  Section 113 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 113. Delivery of property on discharge of  employees.  Every  person
employed  upon  the canal system and occupying any house, office, build-
ing, or land belonging thereto,  who  is  discharged  from  his  OR  HER
employment  or  otherwise separated from the service, and the spouse and
family of every such person, shall deliver  to  the  [corporation  or  a
person  designated  by  it]  COMMISSIONER  OR  HIS  OR HER DESIGNEE, the
possession of the premises so occupied and of all books, papers, matters
or other articles and things belonging to the canal system  acquired  by
virtue  of such employment, within seven days after notice is served for
that purpose by the [corporation] COMMISSIONER. In case of a refusal  or
neglect  to  make  such delivery, any court of competent jurisdiction in
the county where such premises are situate, may, on application, issue a
warrant ordering any peace officer, when acting pursuant to his  OR  HER
special duties, or police officer, with such assistance as may be neces-
sary, to enter, in the daytime, upon the premises so occupied and remove
therefrom  all persons found in possession thereof, and to take into his
OR HER custody all  books,  papers,  articles  and  things  there  found
belonging  to the canal system, and deliver the same to the [corporation
or to some person designated by it] COMMISSIONER OR HIS OR HER DESIGNEE,
and such officer shall execute such warrant accordingly.

S. 483--A                          35

  S 66. Section 114 of the canal law, as amended by chapter 335  of  the
laws of 2001, is amended to read as follows:
  S  114. Functions, powers or duties imposed upon officers or employees
by statutory name. Whenever a function, power or duty  is  imposed  upon
the  [corporation] COMMISSIONER OR DEPARTMENT, and an officer or employ-
ee, or a group or class thereof is designated in this chapter by a stat-
utory or specific title or name to exercise such function  or  power  or
perform  such  duty, the exercise or performance thereof shall be deemed
to be imposed upon the officer or employee in such [corporation] DEPART-
MENT who shall be assigned thereto  by  such  [corporation]  DEPARTMENT,
with  the  same  force and effect, and such [corporation] DEPARTMENT may
make such assignment as though no statutory or specific  title  or  name
had  been  used  in  this chapter to designate the particular officer or
employee or group or class thereof charged with  the  exercise  of  such
function or power, or the performance of such duty.
  S  67.  Section 120 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 120. Claims for damage generally. There shall be allowed and paid to
every person sustaining damages from the canals or  from  their  use  or
management,  or  resulting or arising from the neglect or conduct of any
officer of the state [or the  corporation]  having  charge  thereof,  or
resulting  or  arising  from  any  accident,  or  other  matter or thing
connected with the canals, the amount of such damages to be  ascertained
and  determined  by the proper action or proceedings before the court of
claims, but no judgment shall be awarded by such court for such  damages
in  any  case  unless  the  facts provided therein make out a case which
would create a legal liability against the state [or  the  corporation,]
were  the  same established in evidence in a court of justice against an
individual or corporation; but the [corporation] COMMISSIONER  may  make
settlement  of  any such claim in any case where the amount thereof does
not exceed the sum of five hundred dollars but no  settlement  shall  be
effective  against  the state [including the corporation] until the same
has been approved by the attorney-general; provided that the  provisions
of  this section shall not extend to claims arising from damages result-
ing from the  navigation  of  canals,  and  further  provided  that  the
provisions  herein  relating to damages resulting from navigation of the
canals  shall  control  notwithstanding  any  contrary  or  inconsistent
provisions  of  any  other  law,  general  or special. The [corporation]
COMMISSIONER shall not pay any damages awarded, or  the  amount  of  any
commutations  agreed  on  for the appropriation of land or water, or for
the erection of a farm bridge, until a satisfactory  abstract  of  title
and  certificate  of search as to encumbrances is furnished, showing the
person demanding such damages or commutations  to  be  legally  entitled
thereto,  which abstract and search shall be filed in the [office of the
corporation] DEPARTMENT.
  S 68. Section 121 of the canal law, as amended by chapter 335  of  the
laws of 2001, is amended to read as follows:
  S  121.  Adjustment  of claims of owners of private dams. Whenever the
state [including the corporation] in the course of the  construction  of
the  improved  canals  in  the rivers or waterways of the state, for the
purpose of obtaining a sufficient depth or supply  of  water  for  canal
purposes,  has utilized private dams theretofore lawfully constructed or
maintained, in such a manner as to constitute the same an essential part
or portion of the improved canals, the  [corporation]  COMMISSIONER  may
compromise,  settle  and  adjust the claims and demands of the owners of
any such dams on such terms and conditions, including the payment to the

S. 483--A                          36

owners of any such dams of such sums of money as to [it] HIM OR HER  may
seem  just  and  proper,  and,  by  contract  or  otherwise, make proper
provision with respect to the ownership of and for the  maintenance  and
upkeep  of  any  such dams, provided, however, that [it] HE OR SHE shall
not sell, transfer or convey to any  such  owner  any  right,  title  or
interest  in or to the use of any part or portion of the water impounded
by such dams.
  S 69. Section 130 of the canal law, as amended by chapter 335  of  the
laws of 2001, is amended to read as follows:
  S  130.  Operation  of  hydro-electric  plants at Crescent and Vischer
Ferry. The [corporation] COMMISSIONER shall have charge of the  hydro-e-
lectric  plants  constructed pursuant to chapter five hundred thirty-two
of the laws of nineteen  hundred  twenty-two  for  the  development  and
generation  into  electric energy of water power available at the struc-
tures known as the Crescent and Vischer Ferry dams located on the canal-
ized Mohawk river between the city of Schenectady  and  the  village  of
Waterford,  and  shall  exercise the same powers over such structures as
[it] HE OR SHE has over other structures on the canal system.  The  said
structures  shall  be  maintained  and  operated  as a part of the canal
system.
  Notwithstanding any general  or  special  law  to  the  contrary,  the
[corporation]  COMMISSIONER, upon the approval of the state comptroller,
and the division of the budget, is authorized to enter into a negotiated
contract for the sale of surplus electricity produced  at  the  Crescent
and Vischer Ferry dams, upon such terms and conditions as are beneficial
to  the state [including the corporation]. Any revenue realized from the
sale of such surplus electricity shall be deposited into the canal fund.
  S 70. Section 131 of the canal law, as amended by chapter 335  of  the
laws of 2001, is amended to read as follows:
  S  131.  Emergency  repairs. When, in the opinion of the [corporation]
COMMISSIONER, an emergency  exists  endangering  the  canal  system  the
[corporation]  COMMISSIONER may seize any lands, equipment, materials or
supplies necessary to avert such damage or to restore the banks or other
property which may be threatened or have been damaged. [It] THE  COMMIS-
SIONER  may  subsequently  return  or  otherwise  dispose of such lands,
equipment, materials or supplies  so  seized  which  may  be  no  longer
required in such manner and upon such terms as in [its] HIS OR HER judg-
ment  will  be  for the best interest of the state [including the corpo-
ration]. [It] THE COMMISSIONER may enter  into  an  agreement  with  the
owner  or owners of any property seized for such emergency repairs under
this section covering the amount of damages sustained.  Such  agreement,
when approved by the attorney-general, shall become an obligation of the
[corporation]  DEPARTMENT  and  paid  from moneys available therefor. In
case no agreement is consummated, the amount of damages sustained may be
determined as provided in section one hundred twenty of this chapter.
  S 71. Section 132 of the canal law, as amended by chapter 335  of  the
laws of 2001, is amended to read as follows:
  S  132.  Investigate matters relating to the canal system; immunity of
witnesses. 1. The [corporation] COMMISSIONER may, whenever  [the  corpo-
ration] HE OR SHE shall deem it necessary, to effectively accomplish the
purposes  of  this  chapter,  investigate  any or all matters and trans-
actions connected with or relating to  the  canal  system.  The  [corpo-
ration]  COMMISSIONER shall hear and take proofs in regard to any matter
pending before [it] HIM OR HER or which [it] HE OR SHE is authorized  to
examine or investigate. [It] THE COMMISSIONER shall have power to inves-
tigate  into the official conduct of any subordinate officer or employee

S. 483--A                          37

and shall have the power to issue subpoenas for and require the  attend-
ance of witnesses and the production of all books and papers relating to
any  matter  under inquiry. All such subpoenas shall be issued under the
hand and seal of the [corporation] COMMISSIONER. A subpoena issued under
this section shall be regulated by the civil practice law and rules. The
testimony  of  witnesses in any such proceedings shall be under oath and
the state officer instituting the proceedings shall have power to admin-
ister oaths. A witness may have counsel and his OR  HER  examination  by
such  counsel  shall be reduced in writing as part of his OR HER deposi-
tion.
  2. In any investigation under this article, the [corporation]  COMMIS-
SIONER  may confer immunity in accordance with the provisions of section
50.20 of the criminal procedure law.
  3. All evidence taken under this  section  shall  be  filed  with  the
attorney-general.  The  expenses incurred in such investigation shall be
paid from the canal fund.
  S 72. Section 133 of the canal law, as amended by chapter 335  of  the
laws of 2001, is amended to read as follows:
  S  133. Impose penalties and power to remit. The [corporation] COMMIS-
SIONER may, in [its] HIS OR HER discretion, remit either absolutely,  or
on  such  conditions  as  [it] HE OR SHE shall prescribe, any forfeiture
incurred by a violation of any provision of this chapter, or any of  the
rules  and  regulations  established  by [it] HIM OR HER, on the written
petition of the person liable for the forfeiture, with due proof of  the
facts on which the application for the remission is founded, which peti-
tion and proof and the order thereon shall be filed and preserved in the
office of the department of audit and control.
  S  73.  Section 134 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 134. Actions for penalties. All actions for  penalties  and  forfei-
tures  imposed  in  this chapter, or for damages, on behalf of the state
[including the corporation,] shall be prosecuted  in  the  name  of  the
[corporation]  COMMISSIONER  OR DEPARTMENT, by the [corporation] DEPART-
MENT, unless otherwise specifically provided.   All money  recovered  in
such  actions  shall  be accounted for and paid into the canal fund. The
imposition or recovery of any such penalty or forfeiture shall not be  a
bar  to  recovery  of any damages resulting to the [corporation] COMMIS-
SIONER OR DEPARTMENT or any person, because of such violation.
  S 74. Paragraph a of subdivision 1 and subdivision 2 of section  138-a
of the canal law, paragraph a of subdivision 1 as amended by chapter 243
of  the  laws  of 1993, and subdivision 2 as added by chapter 766 of the
laws of 1992, are amended to read as follows:
  a. the [chairman of the authority, the] commissioner  [of  transporta-
tion],  the commissioner of the office of parks, recreation and historic
preservation and the  commissioner  of  environmental  conservation,  or
their representatives;
  2.  The  chairperson  of  the commission shall be the [chairman of the
authority] COMMISSIONER.   The members of the  commission  may  elect  a
secretary and other necessary officers to serve for such a period as the
members shall decide.
  S 75. Section 138-b of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 138-b. Functions, powers and duties. The commission shall:
  1. Develop, maintain and periodically revise a statewide canal recrea-
tionway  plan  (hereinafter  referred  to  as  the "plan") for the canal
system. Such plan shall be developed in accordance with  the  provisions

S. 483--A                          38

of  section  one  hundred  thirty-eight-c  of  this article and shall be
submitted to the [authority] DEPARTMENT 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  organiza-
tions  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, nine-
teen 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]
DEPARTMENT.  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  develop-
ment,  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] DEPARTMENT 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] COMMISSIONER 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 leas-
es with the requirements of such local  zoning  laws  and  zoning  ordi-
nances;  and  provided  further  that  the commission may determine that
certain categories of leases do not require review;
  c. submit to the [corporation] COMMISSIONER, the director of the budg-
et and the chairpersons of the senate finance committee and the assembly

S. 483--A                          39

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 there-
after,  a  budget  request  for  the  operations of the commission. Such
request  shall  include provisions for staff services and other adminis-
trative assistance as deemed necessary by the commission to perform  its
functions  and  meet its responsibilities during the next calendar year.
The [corporation] DEPARTMENT shall provide staff services to the commis-
sion 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] COMMISSIONER, the director of the budg-
et 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 there-
after, 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 [authori-
ty]  COMMISSIONER  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]  DEPARTMENT  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 preser-
vation 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  implemen-
tation  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] COMMISSIONER on  issues  associated  with  managing  the

S. 483--A                          40

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]  COMMISSIONER,  the
governor,  the  temporary president of the senate and the speaker of the
assembly on the activities of the commission with respect to  the  func-
tions, powers and duties established in this section.
  S 76. Section 138-c of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 138-c. Canal recreationway plan. 1. The commission shall, in accord-
ance  with  the provisions of section one hundred thirty-eight-b of this
article, formulate a statewide canal recreationway plan  for  the  canal
system that is based upon the inventory prepared pursuant to subdivision
twenty-three  of section ten of this chapter and that is consistent with
the land use concepts contained  in  the  state  land  acquisition  plan
prepared  pursuant  to section 49-0207 of the environmental conservation
law and in the statewide comprehensive outdoor recreation plan  prepared
pursuant to section 3.15 of the parks, recreation and historic preserva-
tion law. The plan shall include, but not be limited to:
  a.  criteria  for  uses  of the canal system which will effectuate the
goal and objective of developing the canal into a recreationway system;
  b. provisions for fostering a canal system characterized  by  clusters
of development connected by stretches of undeveloped open space in areas
between  cities,  villages  and  hamlets  which will be conducive to the
preservation of waterfowl, fish and wildlife habitats;
  c.  provisions  for  the  consideration  of  environmental  resources,
including  lands  which  possess  significance  for wildlife management,
recreation or  natural  resource  protection  purposes  and  significant
freshwater wetlands;
  d.  provisions  which  protect  the  public interest in such lands and
waters for purposes of commerce, navigation, fishing, hunting,  bathing,
recreation  and  access to the lands and waters of the state, and other-
wise encourage increased public access to the canal through  the  estab-
lishment  of  parks, scenic by ways and recreational trails on the canal
system. Such provisions shall ensure the public safety;
  e. provisions to protect agricultural uses of canal land and waters;
  f. provisions for appropriate development of businesses in appropriate
locations which will support outdoor recreation activities;
  g. provisions which give guidance to the [authority]  DEPARTMENT  with
respect  to  managing water levels in reservoirs to provide water to the
canal system and retain water for recreational purposes;
  h. provisions to protect commercial shipping interests  on  the  canal
system; and
  i.  provisions  for the consideration of historic buildings, sites and
districts.
  2. The plan shall establish  goals  and  objectives  with  respect  to
implementation,  with  provision  for  amendment  of the plan to reflect
changing conditions.
  3. a. The [corporation] COMMISSIONER shall act upon the plan submitted
by the commission within four months  after  its  submission  and  shall
approve such plan unless [it] HE OR SHE finds that the plan, or any part
thereof:  (i)  is  not financially or operationally feasible; (ii) would
violate any federal or state law, rule  or  regulation;  (iii)  violates
agreements  with  noteholders  or  bondholders  [of the authority]; (iv)
interferes with existing contracts; or  (v)  is  inconsistent  with  the

S. 483--A                          41

findings of the generic environmental impact statement undertaken pursu-
ant to section three hundred eighty-two of the public authorities law.
  b.  In  the  event  that the [corporation] COMMISSIONER finds that the
plan cannot be approved in its entirety, [it] HE OR SHE may approve such
portions of the plan as [it] HE OR  SHE  deems  appropriate,  and  shall
recommend  changes  to the remaining portions of the plan to the commis-
sion. The commission shall then have three months in which  to  consider
the  recommendations  of  the  [corporation]  COMMISSIONER  and submit a
revised plan or portions thereof to the [corporation] COMMISSIONER.
  c. Upon the approval of the plan or a portion of the plan as  provided
in this section, the [corporation] COMMISSIONER shall deliver within ten
days  a  copy  of  the  plan or portion of the plan to the governor, the
temporary president of the senate and the speaker of the assembly,  with
a dated notice of such approval.
  S 77. Paragraph (i) of subdivision 1 of section 19 of the public offi-
cers  law,  as  added  by chapter 115 of the laws of 2000, is amended to
read as follows:
  (i) For purposes of this section, the term  "employee"  shall  include
directors,  officers  and  employees  of  the thruway authority [and its
subsidiary, the canal corporation]. In those cases where the  definition
of  the  term  "employee"  provided in this paragraph is applicable, the
term "state", as utilized in subdivisions two, three, and four  of  this
section,  shall mean the thruway authority when the employee is a direc-
tor, officer, or employee of the thruway authority[, or its  subsidiary,
the  canal  corporation,  when  the  employee is a director, officer, or
employee of the canal corporation].
  S 78. The opening paragraph of subdivision  1  and  subdivision  2  of
section 209-a of the state finance law, as amended by chapter 138 of the
laws of 1997, are amended to read as follows:
  Notwithstanding  any  other  law,  rule or regulation to the contrary,
where, and to the extent that, an agreement between the  state  [or  the
New  York  state canal corporation] and an employee organization entered
into pursuant to article fourteen of the civil service law on behalf  of
employees in a collective negotiating unit established pursuant to arti-
cle  fourteen  of  the  civil  service law provides for the payment of a
supplement to the workers' compensation award, such supplement shall  be
paid  in  accordance with such agreement. Officers and employees serving
in positions in the executive branch which are designated managerial  or
confidential  pursuant  to  article  fourteen  of the civil service law,
civilian state employees of the division of military and  naval  affairs
of  the executive department whose positions are not in, or are excluded
from representation rights in any recognized  or  certified  negotiating
unit,  those  excluded from representation rights under article fourteen
of the civil service law pursuant to rules and regulations of the public
employment relations board and officers and employees of the legislature
shall receive a supplement to the workers' compensation award  provided,
however,  that officers and employees serving in positions in the execu-
tive branch which are designated managerial or confidential pursuant  to
article  fourteen  of the civil service law, civilian state employees of
the division of military and naval affairs of the  executive  department
whose  positions  are not in, or are excluded from representation rights
in any recognized or certified negotiating unit and those excluded  from
representation  rights  under  article fourteen of the civil service law
pursuant to rules and regulations of  the  public  employment  relations
board  shall  receive  such  supplement  only with respect to an absence
resulting from an occupational injury or disease occurring on or  before

S. 483--A                          42

June  thirtieth,  nineteen  hundred ninety-two. Such supplement shall be
paid in accordance with rules and regulations to be promulgated  by  the
president of the civil service commission.
  2.  Notwithstanding any other law, rule or regulation to the contrary,
where, and to the extent that, an agreement between the  state  [or  the
New  York  state canal corporation] and an employee organization entered
into pursuant to article fourteen of the civil service law on behalf  of
employees in a collective negotiating unit established pursuant to arti-
cle fourteen of the civil service law so provides, an employee placed on
an  authorized leave without pay during the course of an absence result-
ing from an occupational injury or disease found to  be  compensable  by
the  workers' compensation board shall be deemed to be on the payroll at
such employee's prevailing rate of annual compensation for  the  purpose
of  retirement  credit  and  employer  contributions  to  the retirement
system. Officers and employees serving in  positions  in  the  executive
branch which are designated managerial or confidential pursuant to arti-
cle  fourteen  of the civil service law, civilian state employees of the
division of military and naval affairs of the executive department whose
positions are not in, or are excluded from representation rights in  any
recognized  or certified negotiating unit and those excluded from repre-
sentation rights under article fourteen of the civil service law  pursu-
ant  to  rules  and regulations of the public employment relations board
who are placed on an authorized leave without pay during the  course  of
an  absence resulting from an occupational injury or disease found to be
compensable by the workers' compensation board  occurring  on  or  after
July  first,  nineteen  hundred ninety-two, shall be deemed to be on the
payroll at such officer's or employee's prevailing rate of  compensation
for  the  purpose of retirement credit and employer contributions to the
retirement system. Any employee contribution relating to the  retirement
credit  provided  by  this  subdivision  shall  be paid directly by such
employee to the retirement system pursuant to the rules and  regulations
of  the  comptroller. The retirement credit provided by this subdivision
shall only apply to a period of authorized leave without  pay  occurring
during  the  first twelve months of absence related to such occupational
injury or disease.
  S 79. Section 30 of the navigation law, as amended by chapter  486  of
the laws of 2003, is amended to read as follows:
  S 30. Navigation,  jurisdiction  over.  The  commissioner  shall  have
jurisdiction over navigation on the navigable waters of the  state  and,
except as otherwise provided, shall enforce the provisions of this chap-
ter and the regulations established thereunder. As a guide to the inter-
pretation  and  application  of  this article, nothing authorized [here-
under] IN THIS SECTION shall be construed to convey any property rights,
either in real estate or  material,  or  any  exclusive  privilege;  nor
authorize  any  injury to private property or invasion of private rights
or any infringement of federal, state or local laws or regulations,  but
shall  express  the assent of the state so far as it concerns the public
rights of  navigation.  Nothing  contained  in  this  section  shall  be
construed  to  limit,  impair or affect the general powers and duties of
the [canal corporation] COMMISSIONER OF TRANSPORTATION OR DEPARTMENT  OF
TRANSPORTATION  relating  to  canals  as set forth in section ten of the
canal law.
  S 80. Subdivision 2 of section 45-cc of the navigation law,  as  added
by chapter 486 of the laws of 2003, is amended to read as follows:
  2.  Notwithstanding any other provisions of this chapter or any incon-
sistent local laws, no vessel shall be operated  on  such  canal  system

S. 483--A                          43

within  one  hundred  feet of the shore, a dock, pier, raft, float or an
anchored or moored vessel at a speed  exceeding  five  miles  per  hour,
unless such vessel is being operated near such shore, dock, float, pier,
raft, or anchored vessel for the purpose of enabling a person engaged in
water  skiing  to  take off or land, and except in those areas where the
[canal corporation] COMMISSIONER OF  TRANSPORTATION  has  established  a
different  speed  by  rule  and  regulation pursuant to the canal law. A
violation of this subdivision or any applicable  rules  and  regulations
shall  be a violation punishable as set forth in section seventy-three-c
of this article.
  S 81. Article 21 of the transportation law is REPEALED.
  S 82. Paragraph 2 of subdivision (a) of section 168  of  the  economic
development  law,  as  amended  by  chapter  33  of the laws of 2006, is
amended to read as follows:
  (2) the chairman or his or her designated representative  of  the  New
York  state  thruway  authority,  the  New York power authority, and the
tourism advisory council, the New York state council on the  arts,  [the
canal  corporation,]  the  canal  recreationway  commission, the Olympic
regional development authority, and the Hudson River park trust;
  S 83. Subdivision 1 of section 9-1705 of the  environmental  conserva-
tion  law,  as  added  by chapter 674 of the laws of 2007, is amended to
read as follows:
  1. There is hereby established the New York invasive species  council.
Such  council shall consist of a total of [nine] EIGHT members and shall
include the commissioner, the commissioners of agriculture and  markets,
transportation,  parks, recreation and historic preservation, education,
the secretary of state, the chairperson of the New  York  state  thruway
authority,  [the  director of the New York state canal corporation,] and
the chairperson of the Adirondack Park agency, or  a  designee  of  such
department, agency or public authority.
  S  84. Subdivision 1 of section 73-0105 of the environmental conserva-
tion law, as amended by chapter 336 of the laws of 2008, is  amended  to
read as follows:
  1. The task force shall consist of [fourteen] THIRTEEN members; [nine]
EIGHT  of whom shall be the [director of the canal corporation,] commis-
sioner of the department of environmental conservation, the secretary of
state, the commissioner of transportation, the  director  of  the  state
emergency  management  office, the commissioner of parks, recreation and
historic preservation, the commissioner of agriculture and markets,  the
chairman of the power authority of the state of New York and the commis-
sioner  of economic development or designee; and five additional members
who shall be from outside the public offices listed in this section  and
who shall have professional experience in the fields of hydrology, civil
engineering,  climatology,  emergency  management  and  soil  and  water
conservation. The governor shall appoint three of  the  five  additional
members  and  the  temporary  president of the senate and speaker of the
assembly shall each appoint one of each of the five additional members.
  S 85. Subdivision 3 of section 73-0107 of the environmental  conserva-
tion  law,  as  added  by chapter 456 of the laws of 2007, is amended to
read as follows:
  3. The department and the [canal corporation] DEPARTMENT OF  TRANSPOR-
TATION shall provide the task force with such facilities, assistance and
data  as  will enable the task force to carry out its powers and duties.
Additionally, all other agencies of the state  or  subdivisions  thereof
shall,  at  the  request  of  the chair provide the task force with such

S. 483--A                          44

facilities, assistance, and data as will enable the task force to  carry
out its powers and duties.
  S 86. Paragraph 1 of subdivision j of section 41 of the retirement and
social  security  law,  as amended by chapter 18 of the laws of 2012, is
amended to read as follows:
  1. In addition to any other service credit to which he or she is enti-
tled, a member who meets the requirements set forth  in  paragraphs  two
and  three  of  this  subdivision shall be granted one day of additional
service credit for each day of accumulated unused sick leave which he or
she has at time of retirement for service, but such credit shall not (a)
exceed one hundred sixty-five days, (b) be  considered  in  meeting  any
service  or  age  requirements  prescribed  in  this chapter, and (c) be
considered in computing final average salary. However, for an  executive
branch  member designated managerial or confidential pursuant to article
fourteen of the civil service law or in the collective negotiating units
established by article fourteen of the civil service law designated  the
professional,  scientific  and  technical  services unit, the rent regu-
lation services negotiating  unit,  the  security  services  negotiating
unit,  the  security  supervisors negotiating unit, the state university
professional services  negotiating  unit,  the  administrative  services
negotiating unit, the institutional services negotiating unit, the oper-
ational services negotiating unit and the division of military and naval
affairs  negotiating  unit  such  service  credit limitation provided in
subparagraph (a) of this paragraph shall not exceed  two  hundred  days.
For a nonjudicial officer or employee of the unified court system not in
a collective negotiating unit or in a collective negotiating unit speci-
fied  in  section  one  of  chapter two hundred three of the laws of two
thousand four, for employees of the New York state dormitory  authority,
for  employees  of  the  New York state thruway authority, [the New York
state canal corporation] and the state university construction fund  and
for  employees  of  the  New York liquidation bureau such service credit
limitation provided in subparagraph (a)  of  this  paragraph  shall  not
exceed  two  hundred  days.  For  members  who first become members of a
public retirement system of the state on or after April first, two thou-
sand twelve, such credit shall not exceed one hundred days.
  S 87. Subdivisions 10 and 12 of section 351 of the public  authorities
law,  subdivision  10  as  added  by chapter 766 of the laws of 1992 and
subdivision 12 as amended by chapter  583  of  the  laws  of  1993,  are
amended to read as follows:
  10.  The  term  "New  York  state  canal system" shall mean all of the
canals, canal lands, feeder canals, reservoirs, canal  terminals,  canal
terminal lands and other property under the jurisdiction of the [author-
ity] DEPARTMENT OF TRANSPORTATION pursuant to article one-A of the canal
law.
  12. The term "thruway system" shall mean: (a) the thruway; AND (b) the
[New York state canal system; and (c) the] Tappan Zee ferry service.
  S  88.  Subdivision 13 of section 351 of the public authorities law is
REPEALED.
  S 89. Subdivision 10 of section 354 of the public authorities law,  as
amended  by  chapter  766  of  the  laws  of 1992, is amended to read as
follows:
  10. To construct, reconstruct or  improve  on  or  along  the  thruway
system  in  the  manner  herein  provided,  suitable  facilities for gas
stations, restaurants, and other facilities for the public, or to  lease
the  right to construct, reconstruct or improve and operate such facili-
ties; such facilities shall be publicly offered for leasing  for  opera-

S. 483--A                          45

tion, or the right to construct, reconstruct or improve and operate such
facilities  shall  be publicly offered under rules and regulations to be
established by the authority, provided, however, that lessees  operating
such  facilities at the time this act becomes effective, may reconstruct
or improve them or may construct  additional  like  facilities,  in  the
manner  and upon such terms and conditions as the board shall determine;
and provided further, however, that such facilities constructed,  recon-
structed  or  improved  on or along the canal system shall be consistent
with the canal recreationway  plan  approved  pursuant  to  section  one
hundred  thirty-eight-c  of  the  canal  law  [and section three hundred
eighty-two of this title];
  S 90. Section 355 of the public authorities law, as amended by chapter
138 of the laws of 1997, is amended to read as follows:
  S 355. Officers and employees; transfer, promotion and  seniority.  1.
Officers  and  employees  of  state  departments[,] OR agencies[, or the
canal corporation] may be transferred to  the  authority  and  officers,
agents  and  employees  of  the  authority  may  be transferred to state
departments[,] OR agencies[, or the canal corporation,] without examina-
tion and without loss of any civil service status  or  rights.  No  such
transfer  from the authority [or canal corporation] to any state depart-
ment, agency, or division may, however, be made except with the approval
of the head of the state department, agency, or  division  involved  and
the  director  of  the budget and in compliance with the rules and regu-
lations of the state civil service commission.
  2. Promotions from positions in  state  departments  and  agencies  to
positions  in  the authority [or canal corporation], and vice versa, may
be made from interdepartmental promotion lists resulting from  promotion
examinations  in  which  employees  of  the authority[, employees of the
canal corporation,] and employees of the state are eligible  to  partic-
ipate.
  3. In computing seniority for purposes of promotion or for purposes of
suspension or demotion upon the abolition of positions in the service of
the authority or in the service of the state, in the case of an employee
of  the  authority  a  period  of prior employment in the service of the
state shall be counted in the same  manner  as  though  such  period  of
employment  had been in the service of the authority, and in the case of
an employee of the state a period of prior employment in the service  of
the  authority shall be counted in the same manner as though such period
of employment had been in the service of the state. For the purposes  of
the  establishment  and  certification  of  preferred  lists,  employees
suspended from the authority shall be eligible for reinstatement in  the
service  of  the  state, and employees suspended from the service of the
state shall be eligible for reinstatement in the service of the authori-
ty, in the same manner as though the authority were a department of  the
state.  [All provisions contained within this subdivision shall apply to
the canal corporation in the same manner that they apply to the authori-
ty.]
  S 91. Section 357 of the public authorities law, as amended by chapter
766 of the laws of 1992, is amended to read as follows:
  S  357. Right of authority to use state property; payment for improve-
ments.  On  assuming  jurisdiction  of  a  thruway  highway  section  or
connection  or  any part thereof, or of a highway connection, [or of the
New York state canal system,] the authority  shall  have  the  right  to
possess  and  use  for  its  corporate purposes so long as its corporate
existence shall continue, any real property and rights in real  property
theretofore  acquired  by  the state, including all improvements thereon

S. 483--A                          46

[and state canal lands and properties; provided  that  the  use  by  the
authority  of  canal lands and properties for highway purposes shall not
interfere with the use thereof for canal purposes].
  S  92.  Subdivision 1 of section 359 of the public authorities law, as
amended by chapter 766 of the laws  of  1992,  is  amended  to  read  as
follows:
  1.  On assuming jurisdiction of a thruway section or connection or any
part thereof, or of a highway connection, [or  of  the  New  York  state
canal system,] the authority shall proceed with the construction, recon-
struction  or  improvement thereof. All such work shall be done pursuant
to a contract or contracts which shall be let to the lowest  responsible
bidder,  by sealed proposals publicly opened, after public advertisement
and upon such terms and  conditions  as  the  authority  shall  require;
provided,  however,  that the authority may reject any and all proposals
and may advertise for new proposals, as herein provided, if in its opin-
ion, the best interests of  the  authority  will  thereby  be  promoted;
provided  further, however, that at the request of the authority, all or
any portion of such work, together with any engineering required by  the
authority in connection therewith, shall be performed by the commission-
er  and  his  OR HER subordinates in the department of transportation as
agents for, and at the expense of, the authority.
  S 93. Section 359-a of the public authorities law, as added by chapter
140 of the laws of 2002, is amended to read as follows:
  S 359-a. Procurement contracts. For the purposes  of  section  twenty-
eight  hundred  seventy-nine of this chapter as applied to the authority
[or the canal corporation], the term "procurement contract"  shall  mean
any  written  agreement  for the acquisition of goods or services of any
kind by the authority [or the canal corporation] in the actual or  esti-
mated amount of fifteen thousand dollars or more.
  S 94. Section 360 of the public authorities law, as amended by chapter
766 of the laws of 1992, is amended to read as follows:
  S  360.  Operation  and  maintenance. Operation and maintenance by the
authority of any thruway section or connection or any part thereof or of
a highway connection[, the New York state canal system] of which it  has
assumed  jurisdiction  shall  be  performed  (a) by the use of authority
forces and equipment at the expense of the authority or by agreement  at
the  expense of the state or other parties; (b) by contract with munici-
palities or independent contractors; (c) at the request of the  authori-
ty, by the commissioner and his OR HER subordinates in the department of
transportation  as  agents  for, and at the expense of the authority, or
(d) by a combination of such methods.
  S 95. Section 362 of the public authorities law, as amended by chapter
766 of the laws of 1992, is amended to read as follows:
  S 362. Assistance by state officers,  departments,  boards,  divisions
and  commissions. At the request of the authority, engineering and legal
services for such authority shall be performed by forces or officers  of
the department of transportation and the department of law respectively,
and all other state officers, departments, boards, divisions and commis-
sions  shall  render  services within their respective functions. At the
request of the authority, services in connection with the collection  of
any  charges  or  fees  for  the use of the thruway[, the New York state
canal system] or any part thereof may be performed by the department  of
motor vehicles.
  S  96.  Paragraph  (a)  of  subdivision 1 of section 365 of the public
authorities law, as amended by chapter 766  of  the  laws  of  1992,  is
amended to read as follows:

S. 483--A                          47

  (a)  Subject  to  the provisions of section three hundred sixty-six of
this title, the authority shall have the power and is hereby  authorized
from  time to time to issue its negotiable notes and bonds in conformity
with applicable provisions of the uniform commercial code in such  prin-
cipal  amount as, in the opinion of the authority, shall be necessary to
provide sufficient moneys for achieving the corporate purposes  thereof,
including  construction,  reconstruction  and improvement of the thruway
sections and connections, and highway connections herein described, [the
New York state canal system subject to the provisions of  section  three
hundred  eighty-three  of this title,] together with suitable facilities
and appurtenances, the payment of all indebtedness  to  the  state,  the
cost of acquisition of all real property, the expense of maintenance and
operation,  interest  on  notes  and bonds during construction and for a
reasonable period thereafter, establishment of reserves to secure  notes
or  bonds,  and  all other expenditures of the authority incident to and
necessary or convenient to carry out its corporate purposes and powers.
  S 97. Paragraph (i) of subdivision 3 of  section  365  of  the  public
authorities  law,  as  amended  by  chapter  766 of the laws of 1992, is
amended to read as follows:
  (i) the acquisition of jurisdiction over, and of property  for,  thru-
ways[,  the  New  York state canal system,] and the construction, recon-
struction, improvement, maintenance or operation thereof;
  S 98. Sections 382 and 383 of the public authorities law are REPEALED.
  S 99. Paragraph e of subdivision 6  of  section  2897  of  the  public
authorities law is REPEALED.
  S  100. Subdivisions 2 and 5 of section 92-u of the state finance law,
subdivision 2 as added by chapter 766 of the laws of 1992  and  subdivi-
sion  5  as  amended  by chapter 483 of the laws of 1996, are amended to
read as follows:
  2. Such fund shall consist of all revenues received from the operation
of the New York state canal system as defined in section [three  hundred
fifty-one  of  the  public authorities law and section] two of the canal
law, including payments on leases for use of canal lands, terminals  and
terminal  lands,  tolls  received  for  lock  and  lift  bridge passage,
payments for hydroelectric easements and sales, for  purchase  of  other
abandoned  canal  lands,  payments for any permits and leases for use of
the water and lands of the system and payments for use of dry docks  and
other  moneys  made  available  to the fund from any other source [other
than a grant, loan or other inter-corporate transfer of funds of the New
York state thruway authority], and any income earned by, or  incremental
to,  the  fund due to investment thereof, or any repayment of any moneys
advanced by the fund.
  5. Moneys of the fund, following  appropriation  by  the  legislature,
shall  be available to the [New York state thruway authority] DEPARTMENT
OF TRANSPORTATION and shall be expended by such [authority or subsidiary
corporation thereof] DEPARTMENT only for the maintenance,  construction,
reconstruction,  development or promotion of the canal system; provided,
however, that in the initial years, expenditures of moneys of  the  fund
for  the  development  and/or  promotion  of  the  canal system shall be
accorded a priority by the [authority or subsidiary corporation thereof]
DEPARTMENT.   In addition, moneys of  the  fund  may  be  used  for  the
purposes  of  interpretive signage and promotion for appropriate histor-
ically significant Erie canal lands and related sites.  Moneys shall  be
paid  out of the fund by the state comptroller on certificates issued by
the director of the budget.

S. 483--A                          48

  S 101. Subdivision 1 of section 373 of the public authorities law,  as
amended  by  chapter  776  of  the  laws  of 1951, is amended to read as
follows:
  1.  The  state  does  pledge  to  and agree with the holders of notes,
bonds, or other obligations of the authority not guaranteed by the state
that the state will not limit or alter the rights hereby vested  in  the
authority to establish and collect such fees, rentals and charges as may
be  convenient  or  necessary  to produce sufficient revenue to meet the
expense of maintenance and operation and to fulfill  the  terms  of  any
agreements  made  with  the  holders  thereof,  or in any way impair the
rights and remedies of such holders until such notes, bonds,  and  other
obligations,  together  with  the interest thereon, with interest on any
unpaid  installments  of  interest,  and  all  costs  and  expenses   in
connection  with any action or proceedings by or on behalf of such hold-
ers, are fully met and discharged; PROVIDED, HOWEVER, THAT IF ANY  TOLL,
FEE,  CHARGE OR ANY COMBINATION THEREOF IMPOSED ON A VEHICLE FOR THE USE
OF THE THRUWAY, EXCLUDING ANY TOLLS, FEES, OR CHARGES FOR THE USE  OF  A
BRIDGE  OR  SET OF BRIDGES, EXCEEDS THE TOLL, FEE, CHARGE OR COMBINATION
THEREOF THAT SUCH VEHICLE WOULD HAVE BEEN SUBJECT TO ON THE FIRST DAY OF
JANUARY, TWO THOUSAND FIFTEEN DIVIDED BY  THE  NATIONAL  CONSUMER  PRICE
INDEX  DETERMINED  BY THE UNITED STATES DEPARTMENT OF LABOR FOR JANUARY,
TWO THOUSAND FIFTEEN AND MULTIPLIED BY THE NATIONAL CONSUMER PRICE INDEX
DETERMINED BY THE UNITED STATES DEPARTMENT OF LABOR FOR THE MOST  RECENT
MONTH  PUBLISHED,  THEN  THE ENTIRE AMOUNT THAT THE TOLL, FEE, CHARGE OR
COMBINATION THEREOF EXCEEDS THE AMOUNT THAT THE VEHICLE WOULD HAVE  BEEN
SUBJECT  TO  ON  THE  FIRST DAY OF JANUARY, TWO THOUSAND SIXTEEN MUST BE
PLACED IN A SEPARATE FUND IN ACCORDANCE WITH SUCH  REQUIREMENTS  AS  THE
STATE COMPTROLLER MAY PRESCRIBE.  THE AUTHORITY SHALL USE SUCH FUNDS AND
ANY INTEREST EARNED THEREON TO PAY INSTALLMENTS ON NOTES, BONDS OR OTHER
OBLIGATIONS  DUE  BEFORE  THE  END  OF  THE  CURRENT CALENDAR YEAR OR TO
PURCHASE NOTES, BONDS OR OTHER OBLIGATIONS OF THE  AUTHORITY  ISSUED  AT
LEAST TWO YEARS PRIOR AND NOT GUARANTEED BY THE STATE, WHICH SHALL THER-
EUPON  BE  CANCELLED, AT A PRICE NOT EXCEEDING (A) IF THE NOTES OR BONDS
ARE THEN REDEEMABLE, THE REDEMPTION PRICE THEN APPLICABLE  PLUS  ACCRUED
INTEREST  TO THE NEXT INTEREST PAYMENT DATE THEREON, OR (B) IF THE NOTES
OR BONDS ARE NOT THEN REDEEMABLE, THE REDEMPTION PRICE APPLICABLE ON THE
FIRST DATE AFTER SUCH PURCHASE UPON WHICH  THE  NOTES  OR  BONDS  BECOME
SUBJECT  TO REDEMPTION PLUS ACCRUED INTEREST TO SAID DATE. THE AUTHORITY
SHALL MAKE A GOOD FAITH EFFORT TO EXHAUST SUCH FUND BY THE LAST  DAY  OF
DECEMBER EACH YEAR.
  S 102. (a) Notwithstanding any other provision of law to the contrary,
all  employees  of  the New York state canal corporation, as constituted
pursuant to chapter 766 of the laws of 1992, as a subsidiary of the  New
York  state  thruway  authority, and such other employees of the thruway
authority as may be mutually agreed to by the chairman of the  authority
and  the  commissioner  of  transportation  shall  be transferred to the
department of transportation. Employees so transferred shall  be  trans-
ferred  without  further  examination  or qualification and shall retain
their respective civil service classification status. In  addition,  the
New  York state canal corporation as constituted pursuant to chapter 766
of the laws of 1992 as a  subsidiary  of  the  New  York  state  thruway
authority  shall, for a period of two years following the effective date
of this act, be considered the former agency of  such  employees  trans-
ferred  pursuant  to  this  section for the purposes of subdivision 8 of
section 73 of the public officers law.

S. 483--A                          49

  (b) 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 14 of the civil service law,
and  whose  job  function  or duties have remained essentially the same,
shall  continue  to  be  represented by said employee organization, in a
bargaining unit within the  department  of  transportation.    Successor
employees  to  the  positions  held by such transferred employees in the
department of transportation shall, consistent with  the  provisions  of
article  14  of  the  civil service law, be included in the same unit as
their predecessors.   Nothing in this  section  shall  be  construed  to
affect  (i)  the  rights  of  employees  pursuant to an existing or most
recently expired collective bargaining agreement, or (ii)  existing  law
with  respect to an application by the public employment relations board
seeking designation by the board that certain persons are managerial  or
confidential.  Nothing in this section shall preclude changes in negoti-
ating units of such employees consistent with the provisions of  article
14 of the civil service law.
  S  103.  Severability.  If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the  remainder  thereof,  but  shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof  directly  involved
in  the  controversy in which such judgment shall have been rendered. In
addition, this act, being necessary for the welfare of the state and its
inhabitants, shall be  liberally  construed  so  as  to  effectuate  its
purposes.
  S 104. This act shall take effect immediately; provided, however, that
the amendments made to sections 73-0105 and 73-0107 of the environmental
conservation  law  by  sections  eighty-four and eighty-five of this act
shall not affect the repeal of such sections as provided in section 3 of
chapter 456 of the laws  of  2007,  as  amended,  and  shall  be  deemed
repealed therewith.