Bill Text: NY S02882 | 2015-2016 | General Assembly | Introduced

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Bill Title: Adds powers and duties to the canal corporation; directs the canal corporation to cause the design, preparation of plans, estimates and specifications and the supervision of the erection, construction, repair and removal of all structures referred to be performed by a licensed professional engineer; directs preparation of a flood response plan; makes related provisions.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2016-01-06 - REFERRED TO TRANSPORTATION [S02882 Detail]

Download: New_York-2015-S02882-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2882
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 29, 2015
                                      ___________
       Introduced  by  Sens. RANZENHOFER, DeFRANCISCO -- read twice and ordered
         printed, and when printed to be committed to the Committee  on  Trans-
         portation
       AN  ACT  to  amend  the canal law, in relation to the general powers and
         duties of the canal corporation
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 16 of section 10 of the canal law, as amended
    2  by chapter 335 of the laws of 2001, is amended and three new    subdivi-
    3  sions 3-a, 9-b and 9-c are added to read as follows:
    4    3-A.  CAUSE THE DESIGN, PREPARATION OF PLANS, ESTIMATES AND SPECIFICA-
    5  TIONS AND THE SUPERVISION OF  THE  ERECTION,  CONSTRUCTION,  REPAIR  AND
    6  REMOVAL  OF  ALL  STRUCTURES  HERETOFORE  REFERRED  TO BE PERFORMED BY A
    7  LICENSED PROFESSIONAL ENGINEER.
    8    9-B. OPERATE THE CANAL SYSTEM IN SUCH A MANNER WHICH MITIGATES  FLOOD-
    9  ING ALONG THE SYSTEM TO PROTECT TO THE EXTENT POSSIBLE LIFE AND PROPERTY
   10  ON  AND  ALONG  THE  CANAL  SYSTEM  WHEN  EXPECTED AND ACTUAL CONDITIONS
   11  WARRANT.
   12    9-C. CAUSE A FLOOD RESPONSE PLAN TO BE CREATED TO RESPOND TO  EXPECTED
   13  AND ACTUAL FLOODING IN THE CANAL SYSTEM.
   14    (1) THE FLOOD RESPONSE PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:
   15    (I) A PLAN OF ACTION FOR COMMUNICATION WITH MARINERS, COUNTY EMERGENCY
   16  MANAGERS  AND  APPROPRIATE OFFICIALS, AND THE STATE EMERGENCY MANAGEMENT
   17  OFFICE;
   18    (II) INTERNAL COMMAND AND REPORTING COORDINATION;
   19    (III) CANAL INFRASTRUCTURE OPERATION, TO INCLUDE PREEMPTIVE  MEASURES;
   20  AND
   21    (IV)  OTHER  ELEMENTS AS DETERMINED BY THE CORPORATION AND THE DEPART-
   22  MENT OF ENVIRONMENTAL CONSERVATION.
   23    (2) SUCH PLAN SHALL BE PREPARED IN CONSULTATION WITH THE  STATE  EMER-
   24  GENCY MANAGEMENT OFFICE AND EMERGENCY MANAGERS FROM COUNTIES ADJACENT OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02106-01-5
       S. 2882                             2
    1  INTERSECTED  BY  THE  CANAL  SYSTEM AND THE COMPLETED PLAN MUST BE FILED
    2  WITH THE OFFICES THEREOF.
    3    (3) THE CORPORATION SHALL SUBMIT A COPY OF SUCH PLAN TO THE DEPARTMENT
    4  OF ENVIRONMENTAL CONSERVATION WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF
    5  THIS SUBDIVISION, AND ANNUALLY UPDATE AND SUBMIT SUCH PLAN THEREAFTER.
    6    16.  Cause to be removed from canal lands AND WATERS any encroachments
    7  which in its judgment are detrimental, INCLUDING THE REMOVAL OF DEBRIS.
    8    S 2. This act shall take effect immediately.