§ 138-B — Functions, powers and duties

§ 138-b. Functions, powers and duties. The commission shall:\n 1. Develop, maintain and periodically revise a statewide canal\nrecreationway plan (hereinafter referred to as the "plan") for the canal\nsystem. Such plan shall be developed in accordance with the provisions\nof section one hundred thirty-eight-c of this article and shall be\nsubmitted to the authority for its consideration no later than the first\nday of June, nineteen hundred ninety-four.\n 2. Solicit input from counties intersecting or bordering the canal\nsystem and incorporate it to the greatest degree practicable in the\ndevelopment of the plan. In order to facilitate such incorporation\ncommission members representing each of the regional planning boards\nshall request from and provide assistance to each county it represents\nin the preparation of a county canal plan. Multi-county canal plans may\nbe requested by the regional planning board representative, as deemed\nappropriate, in lieu of individual county canal plans. In a region where\na regional planning board does not exist, the commission shall solicit\ncounty canal plans from each of the chief executive officers of those\ncounties outside the jurisdiction of a regional planning board. The\ncommission shall prescribe uniform guidelines concerning the format of\nplans to be used by the regional planning board representatives to\nassist counties in the preparation of county canal plans. The regional\nplanning board representative shall encourage the development of county\ncanal plans that reflect participation by diverse local interests by\nseeking advice, to the extent possible, from individuals and\norganizations from such counties with an interest in recreation, hunting\nand fishing, the environment, canal related tourism businesses, historic\npreservation and commercial development along the canal. In order to be\nconsidered in the formulation of the plan, county canal plans must be\nsubmitted to the commission not later than the first day of June,\nnineteen hundred ninety-three.\n 3. Ensure public comment on the plan, including at least three public\nhearings on the plan prior to submission of the plan to the authority.\nThe commission may also hold hearings on other matters it deems\nappropriate.\n 4. If deemed appropriate, request that studies, surveys or analyses be\nperformed by the corporation, the departments of transportation,\neconomic development and environmental conservation and/or the office of\nparks, recreation and historic preservation to assist in the\ndevelopment, promotion, marketing and/or preservation of the canal\nsystem or the preparation of the plan. At the request of the commission,\nstate agencies and public authorities shall cooperate fully and shall\nprovide requested information in a timely manner.\n 5. Advise and assist the corporation in carrying out its duties and\nobligations related to the canal in the following manner:\n a. evaluate and make recommendations for new operational, maintenance\nand capital initiatives or projects to enhance the canal;\n b. establish criteria and procedures for the review by the commission\nfor consistency with the canal recreationway plan of abandonments of\ncanal lands, canal terminals and canal terminal lands, and leases of\ncanal lands, canal terminals, and canal terminal lands proposed by the\ncorporation pursuant to article six-A of this chapter; provided,\nhowever, that where local zoning laws and zoning ordinances are in\neffect on lands proposed to be leased or on lands adjacent to those\nlands proposed to be leased such review shall include, to the extent\npracticable, the consideration of the compatibility of such leases with\nthe requirements of such local zoning laws and zoning ordinances; and\nprovided further that the commission may determine that certain\ncategories of leases do not require review;\n c. submit to the corporation, the director of the budget and the\nchairpersons of the senate finance committee and the assembly ways and\nmeans committee, on the first day of October, nineteen hundred\nninety-two, and on or before the first day of August in each year\nthereafter, a budget request for the operations of the commission. Such\nrequest shall include provisions for staff services and other\nadministrative assistance as deemed necessary by the commission to\nperform its functions and meet its responsibilities during the next\ncalendar year. The corporation shall provide staff services to the\ncommission and such other administrative assistance as may be necessary\nfor the commission to carry out its functions, powers and duties;\n d. submit to the corporation, the director of the budget and the\nchairpersons of the senate finance committee and the assembly ways and\nmeans committee, on the first day of October, nineteen hundred\nninety-two, and on or before the first day of August in each year\nthereafter, a budget request for the expenditure of funds available from\nthe canal fund, for the purposes established by section ninety-two-u of\nthe state finance law. Submissions made during the initial years shall\ngive funding priority for expenditures related to the development and/or\npromotion of the canal system;\n e. undertake a comprehensive study of alternative waterway and canal\ntoll and fee structures, including but not limited to, a comparative\nanalysis of other existing waterway and canal systems, the impact of\nvarious toll and fee structures on recreational use, tourism, and\ncommercial activity; and the revenue implications for each of these\nalternatives. The commission shall make recommendations to the authority\nby the first day of April, nineteen hundred ninety-three, on appropriate\ntolls and fees to be charged for the use of the canal system and shall\nprovide an update on the implementation of such recommendations by the\nfirst day of April, nineteen hundred ninety-five; and\n f. utilize information provided by the authority and other state\nagencies and departments, pursuant to section ten of this chapter,\nsurveying canal lands within the Adirondack park and studying current\nland uses, to make recommendations to the authority, no later than the\nfirst day of June, nineteen hundred ninety-four, concerning the future\nuse of canal lands within the Adirondack park, including but not limited\nto the utilization of existing properties under revocable permits; and\nthe identification of any property not needed for canal purposes that\nmay be transferred to the department of environmental conservation.\n 6. Establish committees as it deems appropriate on matters relating to\nthe commission's functions, powers and duties; such committees shall be\nchaired by a commission member but may include persons not members of\nthe commission who provide expertise of interest specific to the charge\nof such committee.\n a. the commission shall create a temporary committee which shall\ninclude the commissioner of the department of economic development and\nthe commissioner of the office of parks, recreation and historic\npreservation or their representatives and others with appropriate\nexpertise to identify opportunities for achieving the economic\ndevelopment potential of the recreationway and to make recommendations\nfor specific implementation of these opportunities, including\nrecommendations for marketing and promotion designed to attract\ntourists.\n b. the commission shall create a temporary committee, which may\ninclude appropriately accredited professionals, to assess and report to\nthe authority on issues associated with managing the waters of the canal\nsystem, including issues relating to recreational use, habitats and\nflood prone areas.\n 7. Report on or before March thirty-first of each year commencing\nnineteen hundred ninety-four to the corporation, the governor, the\ntemporary president of the senate and the speaker of the assembly on the\nactivities of the commission with respect to the functions, powers and\nduties established in this section.\n