2010 New York Code
CAL - Canal
Article 1-A - (5 - 6) TRANSFER TO NEW YORK STATE THRUWAY AUTHORITY
6 - Transfer of canal lands and other assets.

§ 6. Transfer of canal lands and other assets.  1. The jurisdiction of
  the  commissioner of transportation 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   hereby   transferred   without
  consideration to the authority, to be held by the authority 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 intangible, 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 name of the people of the state
  of New York. Any other rights and obligations 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 shall deliver to the authority all
  books, policies, procedures, papers, plans, maps, records, equipment and
  property  of  such  department  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
  transportation pertaining to the functions transferred pursuant to  this
  article  in  force  at the time of such transfer shall continue in force
  and effect as  rules,  regulations,  acts,  determinations,  orders  and
  decisions  of  the  authority  and  corporation  until  duly modified or
  abrogated by such authority and corporation.
    4. Any business or  other  matters  undertaken  or  commenced  by  the
  commissioner  of  transportation  or  the  department of transportation,
  including executed contracts, permits and other  agreements,  pertaining
  to  or  connected  with  the  functions,  powers, obligations and duties
  transferred pursuant to this article, and in  effect  on  the  effective
  date  hereof,  shall be conducted and completed by the authority through
  the corporation in  the  same  manner  and  under  the  same  terms  and
  conditions and with the same effect as if conducted and completed by the
  commissioner of transportation or the department of transportation.
    5.  No  existing  rights  or  remedies  of  the  state,  including the
  authority, 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 or the
  department of transportation shall be  affected  by  this  article.  Any
  liability  arising  out  of  any  act or omission 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,
  or any other agency of the state,  other  than  the  authority,  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 or such other agency of
  the state and not of the authority.
    (b)  Notwithstanding  any  provision  to  the  contrary  contained  in
  paragraph  (a)  of  this subdivision, the state shall indemnify and hold
  harmless the authority and corporation for any and all claims,  damages,
  or liabilities, whether or not caused by negligence, including civil and
  criminal   fines,   arising  out  of  or  relating  to  any  generation,
  processing, 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.