2010 New York Code
CAL - Canal
Article 13-A - (138-A - 138-C) CANAL RECREATIONWAY COMMISSION
138-B - Functions, powers and duties.

§ 138-b. Functions, powers and duties. The commission shall:
    1.  Develop,  maintain  and  periodically  revise  a  statewide  canal
  recreationway plan (hereinafter referred to as the "plan") for the canal
  system. Such plan shall be developed in accordance with  the  provisions
  of  section  one  hundred  thirty-eight-c  of  this article and shall be
  submitted to the authority 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
  organizations 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,
  nineteen 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.
  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
  development, 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 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  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 leases  with
  the  requirements  of  such local zoning laws and zoning ordinances; and
  provided  further  that  the  commission  may  determine  that   certain
  categories of leases do not require review;

c.  submit  to  the  corporation,  the  director of the budget 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
  thereafter,  a budget request for the operations of the commission. Such
  request  shall  include  provisions  for  staff   services   and   other
  administrative  assistance  as  deemed  necessary  by  the commission to
  perform its functions and meet  its  responsibilities  during  the  next
  calendar  year.  The  corporation  shall  provide  staff services to the
  commission 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,  the  director of the budget 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
  thereafter, 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 authority
  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  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
  preservation  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   implementation   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 on issues associated with managing the 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,  the  governor,  the
  temporary president of the senate and the speaker of the assembly on the
  activities  of  the commission with respect to the functions, powers and
  duties established in this section.