§ 1005-B — New York state canal corporation

§ 1005-b. New York state canal corporation. 1. The public benefit\ncorporation known as the "New York state canal corporation" (hereinafter\nreferred to as the "canal corporation") created as a subsidiary\ncorporation of the New York state thruway authority pursuant to chapter\nseven hundred sixty-six of the laws of nineteen hundred ninety-two is\nhereby continued and reconstituted as a subsidiary corporation of the\nauthority and shall have only the power to operate, maintain, construct,\nreconstruct, improve, develop, finance, and promote all of the canals,\ncanal lands, feeder canals, reservoirs, canal terminals, canal terminal\nlands and other property under the jurisdiction of the canal corporation\npursuant to article one-A of the canal law (hereinafter referred to as\nthe "canal system"). Reference in any provision of law, general, special\nor local, or in any rule, regulation or public document to the canal\ncorporation or the canal corporation as a subsidiary of the New York\nstate thruway authority shall be deemed to be and construed as a\nreference to the canal corporation continued by this section.\n 2. The management and administration of the canal corporation shall be\nan additional corporate purpose of the authority. To the extent that the\ntrustees deem it feasible and advisable, the authority may transfer to\nthe canal corporation any moneys, real, personal, or mixed property or\nany personnel in order to carry out the purposes of this section,\nprovided that nothing in this section shall be deemed to require the\nauthority to apply any moneys, revenues or property or to take any\naction in a manner that would be inconsistent with the provisions of any\nbond or note resolution or any other contract with the holders of the\nauthority's bonds, notes or other obligations.\n 3. The canal corporation and any of its property, functions, and\nactivities shall have all of the privileges, immunities, tax exemptions\nand other exemptions of the authority and of the authority's property,\nfunctions, and activities. The canal corporation shall be subject to the\nrestrictions and limitations to which the authority may be subject. The\ncanal corporation may delegate to one or more of its members, or its\nofficers, agents and employees, such duties and powers as it may deem\nproper.\n 4. Exclusive jurisdiction is conferred upon the court of claims to\nhear and determine the claims of any person against the canal\ncorporation (a) for its tortious acts and those of its agents, and (b)\nfor breach of a contract, relating to construction, reconstruction,\nimprovement, maintenance or operation, in the same manner and to the\nextent provided by and subject to the provisions of the court of claims\nact with respect to claims against the state, and to make awards and\nrender judgments therefor. All awards and judgments arising from such\nclaims shall be paid out of moneys of the canal corporation.\n 5. The members of the canal corporation shall be the same persons\nholding the offices of trustees of the authority.\n 6. No officer or member of the canal corporation shall receive any\nadditional compensation, either direct or indirect, other than\nreimbursement for actual and necessary expenses incurred in the\nperformance of his or her duties, by reason of his or her serving as a\nmember, director, or trustee of the canal corporation.\n 7. The employees of the canal corporation shall not be deemed to be\nemployees of the authority by reason of their employment by the canal\ncorporation. All officers and employees of the canal corporation shall\nbe subject to the provisions of the civil service law which shall apply\nto the canal corporation and such corporation shall be subject to the\njurisdiction of the New York state department of civil service and the\nNew York state civil service commission. The canal corporation shall\nparticipate in the New York state and local employees' retirement\nsystem. Nothing contained in a chapter of the laws of two thousand\nsixteen that added this section shall be construed to affect the rights\nand privileges of the canal corporation or any of its employees under\nany provisions of the civil service law or any existing or expired\ncollective bargaining agreement in effect as of the effective date of\ntransfer of the canal corporation from the thruway authority to the\nauthority. Any such employee who at the time of such transfer shall have\nbeen in a negotiating unit represented by an employee organization which\nwas certified or recognized pursuant to article fourteen of the civil\nservice law shall continue to be represented by said employee\norganization. There shall be no reduction of staff, loss of position,\nincluding partial displacement, such as reduction in the hours of\nnon-overtime, wages, or employment benefits as a result of the transfer\nof the canal corporation from the thruway authority to the authority for\ntwenty-four months following such transfer.\n 8. The fiscal year of the canal corporation shall be the same as the\nfiscal year for the authority.\n 9. The canal corporation shall have the power to:\n (a) operate, maintain, construct, reconstruct, improve, develop,\nfinance, and promote the canal system;\n (b) sue and be sued;\n (c) have a seal and alter the same at pleasure;\n (d) make and alter by-laws for its organization and internal\nmanagement and make rules and regulations governing the use of its\nproperty and facilities;\n (e) appoint officers and employees and fix their compensation;\n (f) make and execute contracts and all other instruments necessary or\nconvenient for the exercise of its powers and functions under this\nchapter;\n (g) acquire, hold, and dispose of real or personal property for its\ncorporate purposes;\n (h) engage the services of private consultants on a contract basis for\nrendering professional and technical assistance and advice;\n (i) procure insurance against any loss in connection with its\nactivities, properties, and other assets, in such amount and from such\ninsurers as it deems desirable;\n (j) invest any funds of the canal corporation, or any other monies\nunder its custody and control not required for immediate use or\ndisbursement, at the discretion of the canal corporation, in obligations\nof the state or the United States government or obligations the\nprincipal and interest of which are guaranteed by the state or the\nUnited States government, or in any other obligations in which the\ncomptroller of the state is authorized to invest pursuant to section\nninety-eight-a of the state finance law;\n (k) exercise those powers and duties of the authority delegated to it\nby the authority;\n (l) prepare and submit a capital program plan pursuant to section ten\nof the canal law;\n (m) approve and implement the New York state canal recreationway plan\nsubmitted pursuant to section one hundred thirty-eight-c of the canal\nlaw. The canal corporation's review and approval of the canal\nrecreationway plan shall be based upon its consideration of a generic\nenvironmental impact statement prepared by the canal corporation in\naccordance with article eight of the environmental conservation law and\nthe regulations thereunder. Prior to the implementation of any\nsubstantial improvement by the canal corporation on canal lands, canal\nterminals, or canal terminal lands, or the lease of canal lands, canal\nterminals, or canal terminal lands for substantial commercial\nimprovement, the canal corporation, in addition to any review taken\npursuant to section 14.09 of the parks, recreation and historic\npreservation law, shall conduct a reconnaissance level survey within\nthree thousand feet of such lands to be improved of the type, location,\nand significance of historic buildings, sites, and districts listed on,\nor which may be eligible, for the state or national registers of\nhistoric places. The findings of such survey shall be used to identify\nsignificant historical resources and to determine whether the proposed\nimprovements are compatible with such historic buildings, sites, and\ndistricts;\n (n) enter on any lands, waters, or premises for the purpose of making\nborings, soundings, and surveys;\n (o) accept any gifts or any grant of funds or property from the\nfederal government or from the state or any other federal or state\npublic body or political subdivision or any other person and to comply\nwith the terms and conditions thereof; and\n (p) waive any fee for a work permit which it has the power to issue if\nin its discretion the project which is subject to a work permit would\nadd value to canal lands without any cost to the canal corporation, the\nauthority, or the state.\n 10. (a) The canal corporation shall review the budget request\nsubmitted by the canal recreationway commission pursuant to section one\nhundred thirty-eight-b of the canal law.\n (b) The canal corporation, on or before the fifteenth day of September\nof each year, shall submit to the director of the budget a request for\nthe expenditure of funds available from the New York state canal system\ndevelopment fund pursuant to section ninety-two-u of the state finance\nlaw or available from any other non-federal sources appropriated from\nthe state treasury.\n (c) In the event that the request submitted by the canal corporation\nto the director of the budget differs from the request submitted by the\ncommission to the canal corporation, then the request submitted by the\ncanal corporation to the director of the budget shall specify the\ndifferences and shall set forth the reasons for such differences.\n 11. The canal corporation shall not have the power to issue bonds,\nnotes, or other evidences of indebtedness; provided that notwithstanding\nthe foregoing, the canal corporation may agree to repay amounts advanced\nto the canal corporation by the authority and to evidence such agreement\nby delivery of a promissory note or notes to the authority.\n 12. The canal corporation may do any and all things necessary or\nconvenient to carry out and exercise the powers given and granted by\nthis section.\n 13. The authority and all other state officers, departments, boards,\ndivisions, commissions, public authorities, and public benefit\ncorporations may render such services to the canal corporation within\ntheir respective functions as may be requested by the canal corporation.\n 14. Whenever any state political subdivision, municipality,\ncommission, agency, officer, department, board, division, or person is\nauthorized and empowered for any of the purposes of this title to\ncooperate and enter into agreements with the authority, such state\npolitical subdivision, municipality, commission, agency, officer,\ndepartment, board, division, or person shall have the same authorization\nand power for any such purposes to cooperate and enter into agreements\nwith the canal corporation.\n