2022 New York Laws
ENV - Environmental Conservation
Article 44 - Hudson River Valley Greenway
44-0107 - Powers and Duties of the Council.

§ 44-0107. Powers and duties of the council.
The council shall have the power:
1. To make by-laws for the management and regulation of its affairs.
2.  To  make and execute contracts and all other instruments necessary
  or convenient for the exercise of its powers and  functions  under  this
  article.
3.  To  appoint  an executive officer, officers, agents and employees,
  and  prescribe  their  duties   and   qualifications   and   fix   their
  compensation.
4.  To  utilize,  to  the extent feasible, the staff and facilities of
  existing state agencies, pursuant to an allocation to  be  made  by  the
  state division of the budget.
5. To contract for professional and technical assistance and advice.
6. To contract for and to accept assistance, including but not limited
  to  gifts,  grants,  or  loans  of  funds  or personal property from the
  federal government or any agency or instrumentality thereof, or from any
  agency or instrumentality of the state, or  from  any  other  public  or
  private source and to comply, subject to the provisions of this article,
  with  the terms and conditions thereof. Notwithstanding the provision of
  section eleven of the state finance law, the council may  accept  gifts,
  grants,  devises  and  bequests,  whether  conditional  or unconditional
  providing that any gifts, grants, devises  and  bequests  be  consistent
  with greenway criteria.
7.   To  conduct  scientific,  environmental,  economic,  tourism  and
  cultural studies within the valley that  are  germane  to  the  greenway
  criteria.
8. To annually review and update the recommendations of the governor's
  council  on  the  Hudson  river valley and prepare objectives to advance
  each of the five  greenway  criteria:  natural  and  cultural  resources
  protection,    regional   planning,   economic   development   including
  agriculture  and  urban  redevelopment,  public  access   and   heritage
  education.
9.   To  review  and  comment  as  an  interested  agency  during  the
  environmental review process pursuant to article eight of  this  chapter
  on  proposed actions within the greenway, and upon the filing of a draft
  environmental impact statement for any such action to require  the  lead
  agency to conduct a hearing under article eight of this chapter.
10.  To  review  and  comment on capital and long range plans of state
  agencies as they affect  the  criteria,  objectives  and  plans  of  the
  greenway.
11.  To review and comment on actions pursuant to section seventy-five
  of the public lands law within the greenway for their  consistency  with
  the  public's right and interest in land under water for the purposes of
  navigation   and   commerce,   fishing,   bathing,   natural    resource
  conservation,  recreation  and access to the waters and lands underwater
  of the state.
12. To review and comment upon the annual work plan submitted  by  the
  conservancy.
13. To jointly designate and develop in agreement with the conservancy
  model  greenway  projects  to demonstrate the implementation of greenway
  planning  and  make  contracts  for  assistance  to  municipalities  and
  nonprofit entities within the greenway therefor.
14.  To  designate multi-county planning districts or subregions based
  on environmental, economic and social factors linking counties,  cities,
  towns  and  villages and the recommendations of municipal officials from
  such counties and  their  political  subdivisions  for  the  purpose  of
  development  of  the  greenway compact, provided that the areas of Bronx
  and New York counties designated pursuant to  section  44-0109  of  this

  article  shall  be  deemed  to  be  a multi-county planning district and
  region and shall not be linked with any  other  county,  city,  town  or
  village in a multi-county planning district or region.
15.  To make recommendations on expanding the geographical area of the
  greenway to include Washington county  and  the  remainder  of  Saratoga
  county.
16.  To  encourage  individuals, corporations, associations and public
  entities to protect and preserve the unique resources  of  the  greenway
  and  make  grants  to  municipalities  and nonprofit entities within the
  greenway therefor.
17. To make available or to cause to make available dispute resolution
  services for  conflicts  over  land  use  regulation  between  units  of
  government  and/or between interests including development, conservation
  and neighborhood interests upon request of all parties in dispute.
18.  To organize and meet with a committee of county  planners  within
  the  greenway  regarding regional projects and the provision of planning
  services.
19. To prepare an annual report on the conduct of its activities which
  shall include a recommended budget for the next year to be sent  to  the
  governor and the legislature.
20. To exercise and perform such other powers and duties as shall have
  been or may be from time to time conferred by law.
21.  To utilize the staff and facilities of existing local agencies to
  the extent that local agencies make them available.
22. To take any actions necessary to carry out the  functions,  powers
  and duties imposed by this article.
23.  To  purchase  the  maximum  insurance  coverage  practicable  and
  affordable from revenues in the fund, to be effective upon the  adoption
  by  a  community of a regional plan, from any duly authorized insurer in
  this state, against any liability of any participating community or  its
  agents that may result from its acquisition of land, consistent with its
  regional plan, or the adoption or implementation of any land use control
  including,  but  not  limited  to,  a zoning law or ordinance; provided,
  however, such insurance shall not apply to any such claim  that  results
  from  the  intentional  wrongdoing, recklessness, gross negligence or an
  unlawful discriminatory practice as provided in subdivisions two, two-a,
  three-b,  four,  paragraphs  (a)  and  (b)  of  subdivision   five   and
  subdivisions  six,  seven,  fourteen and eighteen of section two hundred
  ninety-six of the executive law and 42 U.S.C. § §  1981,  1983  by  such
  community  or  its  agents.  Except  with  respect to New York city, the
  council shall purchase  such  insurance  and  begin  coverage  upon  the
  adoption  by a community of a regional plan, and maintain such insurance
  for all participating communities.  Nothing  herein  shall  require  the
  council to purchase or provide coverage for New York city.