2006 New York Code - General Powers And Duties Of The Corporation Relating To Canals.



 
    §  10.    General  powers  and  duties  of the corporation relating to
  canals. The corporation shall:
    1. Have general supervision of the  canal  system  and  its  operating
  personnel  and enforce the faithful administration and observance of the
  canal law.
    2. Appoint and remove all officers and employees in the administration
  of canal matters in conformity with the  provisions  of  title  nine  of
  article two of the public authorities law.
    3.  Provide  for all engineering services required in the improvement,
  maintenance and repair of the canal system.
    4. Cause surveys, maps, plans, specifications and estimates to be made
  for the improvement, maintenance and repair of the canal system.
    5. Cause plans, specifications and estimates covering canal  contracts
  to be prepared.
    6. Cause inspections of the canal system to be made annually.
    7.  Determine  the boundaries of the districts of the canal system and
  change such boundaries when it deems it expedient.
    8. Keep and maintain in good condition the canals, canal terminals and
  corporation equipment used in the maintenance and repair  of  the  canal
  system.
    9.  Prescribe rules and regulations not inconsistent with law relating
  to the navigation, protection and maintenance of the  canal  system  and
  enforce  such  rules  and regulations by prescribing fines, penalties or
  forfeitures not to exceed one hundred dollars for each offense.
    9-a. Undertake lock improvements designed to attract tourists  to  the
  locks  and  surrounding  communities. Such improvements may include, but
  not be limited to, comfort stations, information kiosks,  picnic  tables
  and   grills,   docking   facilities,  lock  beautification,  campsites,
  telephone service, and trash collection and removal facilities.
    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.
    11.  Compile  statistics  relating to the canal system and the traffic
  thereon and collect such other information in regard thereto as it shall
  deem expedient.
    12. Make an annual report to the legislature,  covering  the  calendar
  year,  on  the trade and tonnage handled, on the condition of the canals
  and the work and improvements connected therewith.
    13. Cause a record to be made and  filed  on  January  first,  in  the
  corporation  of  all  expenditures  during the previous fiscal year from
  moneys appropriated for the canal system.
    14. Permit boat owners operating upon the canal system  to  use  state
  drydocks while making emergency repairs to their vessels.
    15. Grant leases and issue revocable permits pursuant to this chapter.
    16.  Cause  to  be removed from canal lands any encroachments which in
  its judgment are detrimental.
    17. Cause to be acquired lands necessary for canal purposes and  cause
  to  be  abandoned  such canal lands as are no longer necessary or useful
  for canal purposes. The commissioner of environmental conservation shall
  be given notice of any lands located within the  Adirondack  park  which
  are no longer necessary or useful for canal purposes and which are to be
  abandoned,  and  shall  be  given sixty days within which to request the
  transfer of such lands. Such lands for which such  a  request  has  been
  made   shall   be   transferred   to  the  department  of  environmental
  conservation.
    18.  Accept  available  federal  aid  money  for   the   construction,
  reconstruction, improvement, restoration, repair, operation, maintenance
  or rehabilitation of any section, appurtenances or facility of the Barge
  canal system.
    19.  Investigate  all  matters  relating  to  the  administration  and
  operation of the canal system and its personnel.
    20. Either absolutely, or on such conditions as it  prescribes,  remit
  fines imposed, if in its judgment such action is expedient.
    21.  Administer,  operate  and  maintain the state-owned hydroelectric
  power plants on the Mohawk river at Crescent and Vischer Ferry.
    22. When an emergency arises endangering life  or  the  canal  system,
  seize any lands, equipment or supplies necessary to avert such damage.
    23.  Prepare  an  inventory  sufficient  for  planning  purposes which
  includes at least: (a) a general description of all state-owned property
  which  comprises  the  canal  system,  and   where   appropriate   other
  state-owned  property contiguous to the canal system, specifying present
  use and facilities for public use, including but not  limited  to  parks
  and  recreation  facilities; (b) a description of significant freshwater
  wetlands and lands which possess significance for  wildlife  management,
  recreation  or  natural  resource  protection  purposes within the canal
  system; and (c) significant  municipal  and  privately-owned  facilities
  which  serve users of the canal system. Such inventory shall be provided
  to the commission no later  than  July  thirty-first,  nineteen  hundred
  ninety-three.
    24.  Prepare  on an annual basis a detailed five-year capital plan for
  the maintenance and improvement of canal infrastructure. Such plan shall
  set  system-wide  goals  and  objectives  for  capital   spending   and,
  commencing  January  first,  nineteen  hundred ninety-five, describe the
  compatibility of such plan to  the  canal  recreationway  plan  approved
  pursuant  to  section  one  hundred thirty-eight-c of this chapter. Such
  plan shall include but not be limited to such capital project categories
  as locks, canal bridges, channels, shorelines, dams,  guard  gates,  and
  other  structures  necessary  for  safe  and successful operation of the
  canal system. The plan shall also include a  detailed  schedule  of  all
  capital  projects  which  the  authority intends to undertake within the
  next five years and shall provide the  following  information  for  each
  such  capital  project:  (a)  a  description  of  the  project;  (b)  an
  indication of the category into which the project has been classified in
  the capital plan; (c) the  estimated  total  cost  of  the  project  and
  expenditures  by  year for such project; (d) the actual disbursements by
  project for the prior year; and  (e)  the  estimated  dates  of  project
  initiation  and  completion.  The plan shall also include a statement of
  the mix of financing methods to be used by the authority  for  financing
  the  capital  plan. The capital plan shall be submitted to the governor,
  the temporary president of the senate and the speaker of the assembly on
  the first day of January of each year  commencing  in  nineteen  hundred
  ninety-three.
    25.  Prepare,  in  consultation  with  the department of environmental
  conservation: (a) a survey of canal lands in the  Adirondack  park;  and
  (b)  a  study  of canal lands in the Adirondack park subject to permits,
  including the identification of any structures or  activities  that  are
  not  allowed  by  law or by such permits. Such survey and study shall be
  completed and submitted to the commission no later than  January  first,
  nineteen hundred ninety-four.
    26.  Perform  such  other  acts  as  in its judgment constitute a duty
  required to efficiently administer the canal system.

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