Clarifies the purposes for which a revocable permit may be issued.
Ayes (61): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Excused (1): Morahan
BILL NUMBER: S7615
TITLE OF BILL :
An act to amend the canal law, in relation to clarifying the purposes for which a revocable permit may be issued
PURPOSE OF THE BILL :
This bill would allow the Canal Corporation to issue permits for the temporary use of canal waters for recreational and commercial uses.
SUMMARY OF PROVISIONS :
Section 1 of this bill would amend Canal Law § 100 to state that the Canal Corporation may issue revocable permits for the temporary diversion and use of canal waters for recreational and commercial uses in addition to sanitary, farm and industrial use.
Section 2 of this bill would provide for an immediate effective date.
EXISTING LAW :
Canal Law § 100 provides that the Canal Corporation is authorized to issue revocable permits for the diversion of canal waters for only sanitary, farm purposes or industrial use.
LEGISLATIVE HISTORY :
This is a new bill.
STATEMENT IN SUPPORT :
While the Canal Corporation has a Constitutional obligation to maintain a navigable waterway, communities and businesses across the State rely on the water in the Canal for a variety of purposes such as irrigation, filling fire department tankers, siphons for camping facilities, and diversion for slips, basins, canals and marinas. A 2008 study concluded that in 2007 the economic impact of Canal-related tourism was over $378 million. If the Canal Corporation could issue permits for the temporary diversion and use of waters for recreational and commercial purposes, the value of this asset can be more fully realized.
BUDGET IMPLICATIONS :
This bill would have no impact upon the State budget, but would encourage economic activity and tourism in communities across the State.
EFFECTIVE DATE : This bill would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7615 IN SENATE April 26, 2010 ___________Introduced by Sen. DILAN -- (at request of the Thruway Authority) -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the canal law, in relation to clarifying the purposes for which a revocable permit may be issued THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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 is hereby author- ized, in its discretion, to issue revocable permits granting certain limited privileges therein, whenever the same can be done without detri- ment to canal navigation or damage to the banks or other structures thereof. It shall prescribe the terms and conditions by which such revo- cable permits may be issued for the temporary use of canal lands or structures and for the TEMPORARY diversion OR USE of canal waters for PURPOSES INCLUDING, BUT NOT LIMITED TO, sanitary, farm
[purposes], RECREATIONAL, COMMERCIAL or industrial use. It may also issue permits, as it shall deem to be advantageous to the corporation, to any person, firm or corporation, 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 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 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 atEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15695-02-0 S. 7615 2
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 ninety-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 2. This act shall take effect immediately.