2006 New York Code - Canal Corporation.

 
    §  382. Canal corporation. 1. There is hereby created a public benefit
  corporation known as the "New York state canal corporation" (hereinafter
  referred to as the "canal corporation") as a subsidiary  corporation  of
  the  authority.  The  canal  corporation is solely created to, and shall
  have only the  power  to,  operate,  maintain,  construct,  reconstruct,
  improve, develop, finance, and promote the New York State canal system.
    2.  The  authority  may  transfer to the canal corporation any moneys,
  real, personal, or mixed property or any personnel in order to carry out
  the purposes of this section.   The canal corporation  and  any  of  its
  property,  functions,  and  activities shall have all of the privileges,
  immunities, tax exemptions and other exemptions of the authority and  of
  the   authority's  property,  functions,  and  activities.    The  canal
  corporation shall be subject to  the  restrictions  and  limitations  to
  which  the  authority  may  be subject.   The canal corporation shall be
  subject to suit in accordance with section three hundred sixty-one-b  of
  this  title.  The  canal  corporation may delegate to one or more of its
  members, or its officers, agents and employees, such duties  and  powers
  as it may deem proper.
    3.  The  members  of  the  canal corporation shall be the same persons
  holding the offices of members of the authority.
    4. No officer or member of the canal  corporation  shall  receive  any
  additional   compensation,   either   direct  or  indirect,  other  than
  reimbursement  for  actual  and  necessary  expenses  incurred  in   the
  performance  of  his or her duties, by reason of his or her serving as a
  member, director, or trustee of the canal corporation.
    5. The employees of the canal corporation, except those who  are  also
  employees  of  the  authority,  generally  shall  not  be  deemed  to be
  employees of the authority by reason of their employment  by  the  canal
  corporation.  However,  officers,  agents,  and  employees  of the canal
  corporation and officers, agents, and employees  of  the  authority  may
  transfer between the canal corporation and the authority, or vice versa,
  as  provided  for in section three hundred fifty-five of this title, and
  employees of the canal corporation may be placed on promotion lists  for
  authority  jobs  and  vice  versa,  provided,  however,  that  the canal
  corporation and the authority  are  separate  promotion  units  for  the
  purposes  of  subdivision five of section fifty-two of the civil service
  law. Such departmental and interdepartmental  promotion  eligible  lists
  shall  not  be  certified  until after the promotion unit eligible lists
  have been exhausted.  All officers, agents, and employees of  the  canal
  corporation  shall be subject to the provisions of the civil service law
  which shall apply to the canal corporation as  a  municipal  corporation
  other  than  a  city. The canal corporation shall participate in the New
  York state and local employees' retirement system.
    6. The fiscal year of the canal corporation shall be the same  as  the
  fiscal year for the authority.
    7. The canal corporation shall have the power to:
    (a)  operate,  maintain,  construct,  reconstruct,  improve,  develop,
  finance, and promote the New York state canal system as defined  in  the
  canal law;
    (b) sue and be sued;
    (c) have a seal and alter the same at pleasure;
    (d)   make  and  alter  by-laws  for  its  organization  and  internal
  management and make rules and  regulations  governing  the  use  of  its
  property and facilities;
    (e)  appoint  officers,  agents and employees, who shall be subject to
  section  three  hundred  fifty-five  of  this  title,  and   fix   their
  compensation;
    (f)  make and execute contracts and all other instruments necessary or
  convenient for the exercise of  its  powers  and  functions  under  this
  chapter;
    (g)  acquire,  hold,  and dispose of real or personal property for its
  corporate purposes;
    (h) engage the services of private consultants on a contract basis for
  rendering professional and technical assistance and advice;
    (i)  procure  insurance  against  any  loss  in  connection  with  its
  activities,  properties,  and other assets, in such amount and from such
  insurers as it deems desirable;
    (j) invest any funds of the canal corporation,  or  any  other  monies
  under  its  custody  and  control  not  required  for  immediate  use or
  disbursement, at the discretion of the canal corporation, in obligations
  of the  state  or  the  United  States  government  or  obligations  the
  principal  and  interest  of  which  are  guaranteed by the state or the
  United States government, or in  any  other  obligations  in  which  the
  comptroller  of  the  state  is authorized to invest pursuant to section
  ninety-eight-a of the state finance law;
    (k) exercise those powers and duties of the authority pursuant to  the
  canal law;
    (l)  prepare and submit a capital program plan pursuant to section ten
  of the canal law;
    (m) approve and implement the New York state canal recreationway  plan
  submitted  pursuant  to  section one hundred thirty-eight-c of the canal
  law.  The  canal  corporation's  review  and  approval  of   the   canal
  recreationway  plan  shall  be based upon its consideration of a generic
  environmental impact statement prepared  by  the  canal  corporation  in
  accordance  with article eight of the environmental conservation law and
  the  regulations  thereunder.  Prior  to  the  implementation   of   any
  substantial  improvement  by the canal corporation on canal lands, canal
  terminals, or canal terminal lands, or the lease of canal  lands,  canal
  terminals,   or   canal   terminal   lands  for  substantial  commercial
  improvement, the canal corporation, in  addition  to  any  review  taken
  pursuant  to  section  14.09  of  the  parks,  recreation  and  historic
  preservation law, shall conduct a  reconnaissance  level  survey  within
  three  thousand feet of such lands to be improved of the type, location,
  and significance of historic buildings, sites, and districts listed  on,
  or  which  may  be  eligible,  for  the  state  or national registers of
  historic places. The findings of such survey shall be used  to  identify
  significant  historical  resources and to determine whether the proposed
  improvements are compatible with such  historic  buildings,  sites,  and
  districts;
    (n)  enter on any lands, waters, or premises for the purpose of making
  borings, soundings, and surveys; and
    (o) accept any gifts or any  grant  of  funds  or  property  from  the
  federal  government  or  from  the  state  or any other federal or state
  public body or political subdivision or any other person and  to  comply
  with the terms and conditions thereof.
    8. (a) The canal corporation shall review the budget request submitted
  by  the  canal  recreationway commission pursuant to section one hundred
  thirty-eight-b of the canal law.
    (b) The canal corporation, on or before the  first  day  of  November,
  nineteen  hundred  ninety-two  and  on  or  before  the fifteenth day of
  September of each year thereafter, shall submit to the director  of  the
  budget  a  request  for  the expenditure of funds available from the New
  York  state  canal  system  development   fund   pursuant   to   section
  ninety-two-u  of  the  state  finance  law  or  available from any other
  non-federal sources appropriated from the state treasury.
    (c) In the event that the request submitted by the  canal  corporation
  to  the director of the budget differs from the request submitted by the
  commission to the canal corporation, then the request submitted  by  the
  canal  corporation  to  the  director  of  the  budget shall specify the
  differences and shall set forth the reasons for such differences.
    9. The canal corporation shall review the recommendations of the canal
  recreationway commission concerning the future use of canal lands in the
  Adirondack park issued pursuant to section one hundred thirty-eight-b of
  the  canal law, and shall report to the governor and the legislature not
  later than the first  day  of  October,  nineteen  hundred  ninety-four,
  identifying  any  property  not  needed  for  canal purposes that may be
  transferred to the department of environmental conservation.
    10. The canal corporation shall not have the  power  to  issue  bonds,
  notes, or other obligations.
    11.  The  canal  corporation  may  do  any and all things necessary or
  convenient to carry out and exercise the powers  given  and  granted  by
  this section.
    12.  The  authority and all other state officers, departments, boards,
  divisions,  commissions,  public   authorities,   and   public   benefit
  corporations  may  render  such services to the canal corporation within
  their respective functions as may be requested by the canal corporation.
    13.  Whenever   any   state   political   subdivision,   municipality,
  commission,  agency,  officer, department, board, division, or person is
  authorized and empowered for any  of  the  purposes  of  this  title  to
  cooperate  and  enter  into  agreements  with  the authority, such state
  political  subdivision,  municipality,  commission,   agency,   officer,
  department, board, division, or person shall have the same authorization
  and  power  for any such purposes to cooperate and enter into agreements
  with the canal corporation.