N.Y. Canal Law § 138-b: Functions, powers and duties

§ 138-b. Functions, powers and duties. The commission shall:

1. Develop, maintain and periodically revise a statewide canal

recreationway plan (hereinafter referred to as the "plan") for the canal

system. Such plan shall be developed in accordance with the provisions

of section one hundred thirty-eight-c of this article and shall be

submitted to the authority for its consideration no later than the first

day of June, nineteen hundred ninety-four.

2. Solicit input from counties intersecting or bordering the canal

system and incorporate it to the greatest degree practicable in the

development of the plan. In order to facilitate such incorporation

commission members representing each of the regional planning boards

shall request from and provide assistance to each county it represents

in the preparation of a county canal plan. Multi-county canal plans may

be requested by the regional planning board representative, as deemed

appropriate, in lieu of individual county canal plans. In a region where

a regional planning board does not exist, the commission shall solicit

county canal plans from each of the chief executive officers of those

counties outside the jurisdiction of a regional planning board. The

commission shall prescribe uniform guidelines concerning the format of

plans to be used by the regional planning board representatives to

assist counties in the preparation of county canal plans. The regional

planning board representative shall encourage the development of county

canal plans that reflect participation by diverse local interests by

seeking advice, to the extent possible, from individuals and

organizations from such counties with an interest in recreation, hunting

and fishing, the environment, canal related tourism businesses, historic

preservation and commercial development along the canal. In order to be

considered in the formulation of the plan, county canal plans must be

submitted to the commission not later than the first day of June,

nineteen hundred ninety-three.

3. Ensure public comment on the plan, including at least three public

hearings on the plan prior to submission of the plan to the authority.

The commission may also hold hearings on other matters it deems

appropriate.

4. If deemed appropriate, request that studies, surveys or analyses be

performed by the corporation, the departments of transportation,

economic development and environmental conservation and/or the office of

parks, recreation and historic preservation to assist in the

development, promotion, marketing and/or preservation of the canal

system or the preparation of the plan. At the request of the commission,

state agencies and public authorities shall cooperate fully and shall

provide requested information in a timely manner.

5. Advise and assist the corporation in carrying out its duties and

obligations related to the canal in the following manner:

a. evaluate and make recommendations for new operational, maintenance

and capital initiatives or projects to enhance the canal;

b. establish criteria and procedures for the review by the commission

for consistency with the canal recreationway plan of abandonments of

canal lands, canal terminals and canal terminal lands, and leases of

canal lands, canal terminals, and canal terminal lands proposed by the

corporation pursuant to article six-A of this chapter; provided,

however, that where local zoning laws and zoning ordinances are in

effect on lands proposed to be leased or on lands adjacent to those

lands proposed to be leased such review shall include, to the extent

practicable, the consideration of the compatibility of such leases with

the requirements of such local zoning laws and zoning ordinances; and

provided further that the commission may determine that certain

categories of leases do not require review;

c. submit to the corporation, the director of the budget and the

chairpersons of the senate finance committee and the assembly ways and

means committee, on the first day of October, nineteen hundred

ninety-two, and on or before the first day of August in each year

thereafter, a budget request for the operations of the commission. Such

request shall include provisions for staff services and other

administrative assistance as deemed necessary by the commission to

perform its functions and meet its responsibilities during the next

calendar year. The corporation shall provide staff services to the

commission and such other administrative assistance as may be necessary

for the commission to carry out its functions, powers and duties;

d. submit to the corporation, the director of the budget and the

chairpersons of the senate finance committee and the assembly ways and

means committee, on the first day of October, nineteen hundred

ninety-two, and on or before the first day of August in each year

thereafter, a budget request for the expenditure of funds available from

the canal fund, for the purposes established by section ninety-two-u of

the state finance law. Submissions made during the initial years shall

give funding priority for expenditures related to the development and/or

promotion of the canal system;

e. undertake a comprehensive study of alternative waterway and canal

toll and fee structures, including but not limited to, a comparative

analysis of other existing waterway and canal systems, the impact of

various toll and fee structures on recreational use, tourism, and

commercial activity; and the revenue implications for each of these

alternatives. The commission shall make recommendations to the authority

by the first day of April, nineteen hundred ninety-three, on appropriate

tolls and fees to be charged for the use of the canal system and shall

provide an update on the implementation of such recommendations by the

first day of April, nineteen hundred ninety-five; and

f. utilize information provided by the authority and other state

agencies and departments, pursuant to section ten of this chapter,

surveying canal lands within the Adirondack park and studying current

land uses, to make recommendations to the authority, no later than the

first day of June, nineteen hundred ninety-four, concerning the future

use of canal lands within the Adirondack park, including but not limited

to the utilization of existing properties under revocable permits; and

the identification of any property not needed for canal purposes that

may be transferred to the department of environmental conservation.

6. Establish committees as it deems appropriate on matters relating to

the commission's functions, powers and duties; such committees shall be

chaired by a commission member but may include persons not members of

the commission who provide expertise of interest specific to the charge

of such committee.

a. the commission shall create a temporary committee which shall

include the commissioner of the department of economic development and

the commissioner of the office of parks, recreation and historic

preservation or their representatives and others with appropriate

expertise to identify opportunities for achieving the economic

development potential of the recreationway and to make recommendations

for specific implementation of these opportunities, including

recommendations for marketing and promotion designed to attract

tourists.

b. the commission shall create a temporary committee, which may

include appropriately accredited professionals, to assess and report to

the authority on issues associated with managing the waters of the canal

system, including issues relating to recreational use, habitats and

flood prone areas.

7. Report on or before March thirty-first of each year commencing

nineteen hundred ninety-four to the corporation, the governor, the

temporary president of the senate and the speaker of the assembly on the

activities of the commission with respect to the functions, powers and

duties established in this section.