N.Y. Public Authorities Law § 1005-b: New York state canal corporation

§ 1005-b. New York state canal corporation. 1. The public benefit

corporation known as the "New York state canal corporation" (hereinafter

referred to as the "canal corporation") created as a subsidiary

corporation of the New York state thruway authority pursuant to chapter

seven hundred sixty-six of the laws of nineteen hundred ninety-two is

hereby continued and reconstituted as a subsidiary corporation of the

authority and shall have only the power to operate, maintain, construct,

reconstruct, improve, develop, finance, and promote all of the canals,

canal lands, feeder canals, reservoirs, canal terminals, canal terminal

lands and other property under the jurisdiction of the canal corporation

pursuant to article one-A of the canal law (hereinafter referred to as

the "canal system"). Reference in any provision of law, general, special

or local, or in any rule, regulation or public document to the canal

corporation or the canal corporation as a subsidiary of the New York

state thruway authority shall be deemed to be and construed as a

reference to the canal corporation continued by this section.

2. The management and administration of the canal corporation shall be

an additional corporate purpose of the authority. To the extent that the

trustees deem it feasible and advisable, 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,

provided that nothing in this section shall be deemed to require the

authority to apply any moneys, revenues or property or to take any

action in a manner that would be inconsistent with the provisions of any

bond or note resolution or any other contract with the holders of the

authority's bonds, notes or other obligations.

3. 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 may delegate to one or more of its members, or its

officers, agents and employees, such duties and powers as it may deem

proper.

4. Exclusive jurisdiction is conferred upon the court of claims to

hear and determine the claims of any person against the canal

corporation (a) for its tortious acts and those of its agents, and (b)

for breach of a contract, relating to construction, reconstruction,

improvement, maintenance or operation, in the same manner and to the

extent provided by and subject to the provisions of the court of claims

act with respect to claims against the state, and to make awards and

render judgments therefor. All awards and judgments arising from such

claims shall be paid out of moneys of the canal corporation.

5. The members of the canal corporation shall be the same persons

holding the offices of trustees of the authority.

6. 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.

7. The employees of the canal corporation shall not be deemed to be

employees of the authority by reason of their employment by the canal

corporation. All officers and employees of the canal corporation shall

be subject to the provisions of the civil service law which shall apply

to the canal corporation and such corporation shall be subject to the

jurisdiction of the New York state department of civil service and the

New York state civil service commission. The canal corporation shall

participate in the New York state and local employees' retirement

system. Nothing contained in a chapter of the laws of two thousand

sixteen that added this section shall be construed to affect the rights

and privileges of the canal corporation or any of its employees under

any provisions of the civil service law or any existing or expired

collective bargaining agreement in effect as of the effective date of

transfer of the canal corporation from the thruway authority to the

authority. Any such employee who at the time of such transfer shall have

been in a negotiating unit represented by an employee organization which

was certified or recognized pursuant to article fourteen of the civil

service law shall continue to be represented by said employee

organization. There shall be no reduction of staff, loss of position,

including partial displacement, such as reduction in the hours of

non-overtime, wages, or employment benefits as a result of the transfer

of the canal corporation from the thruway authority to the authority for

twenty-four months following such transfer.

8. The fiscal year of the canal corporation shall be the same as the

fiscal year for the authority.

9. The canal corporation shall have the power to:

(a) operate, maintain, construct, reconstruct, improve, develop,

finance, and promote the canal system;

(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 and employees 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 delegated to it

by the authority;

(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;

(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; and

(p) waive any fee for a work permit which it has the power to issue if

in its discretion the project which is subject to a work permit would

add value to canal lands without any cost to the canal corporation, the

authority, or the state.

10. (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 fifteenth day of September

of each year, 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.

11. The canal corporation shall not have the power to issue bonds,

notes, or other evidences of indebtedness; provided that notwithstanding

the foregoing, the canal corporation may agree to repay amounts advanced

to the canal corporation by the authority and to evidence such agreement

by delivery of a promissory note or notes to the authority.

12. 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.

13. 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.

14. 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.