Bill Text: NY S08138 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to the membership and work of the canal recreationway commission; provides for additional members of the commission; provides for additional powers and duties of the commission.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-26 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S08138 Detail]

Download: New_York-2021-S08138-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8138

                    IN SENATE

                                    January 26, 2022
                                       ___________

        Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations

        AN ACT to amend the canal law, in relation to the membership and work of
          the canal recreationway commission

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs a and b of subdivision 1 and subdivisions  2,  6
     2  and 7 of section 138-a of the canal law, paragraph a of subdivision 1 as
     3  amended by chapter 243 of the laws of 1993, paragraph b of subdivision 1
     4  as  amended  by chapter 149 of the laws of 1994, subdivisions 2 and 6 as
     5  added by chapter 766 of the laws of 1992, and subdivision 7  as  amended
     6  by chapter 671 of the laws of 2021, are amended to read as follows:
     7    a.  [the  chairman  of the authority,] the commissioner of transporta-
     8  tion, the commissioner of the office of parks, recreation  and  historic
     9  preservation,  the  chairman  of  the authority, the commissioner of the
    10  division of homeland security and emergency services,  the  chairman  of
    11  the  Erie Canalway National Heritage Corridor Commission and the commis-
    12  sioner of environmental conservation, or their representatives;
    13    b. ten individuals involved in canal use, development, preservation or
    14  enhancement and local governments from counties adjacent  to  or  inter-
    15  sected by the canal system appointed by the governor of whom three shall
    16  be  appointed  at  the  recommendation of the temporary president of the
    17  senate and three shall be appointed at the recommendation of the speaker
    18  of the assembly. In appointing such members, the governor  shall  ensure
    19  geographic  representation  from each of the canal sections encompassing
    20  the canal system, including at least one representative from counties in
    21  which the Erie, Champlain, Cayuga-Seneca, and Oswego canals are located.
    22  In addition, individuals appointed to the commission  shall  be  broadly
    23  representative  of the following areas of interest:  preservation of the
    24  environment, the operation of tour boats on the canal, the operation  of
    25  marinas  on  the  canal,  recreational trail users, hunting and fishing,
    26  tourism promotion agencies as defined in section one  hundred  sixty-two
    27  of  the  economic development law, historic preservation, the commercial

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14137-01-1
        S. 8138                             2

     1  farming industry and the commercial  shipping  industry,  provided  that
     2  with  respect to appointment of an individual representative of historic
     3  preservation or the commercial farming industry or  commercial  shipping
     4  industry,  such an individual may reside outside of a county adjacent to
     5  or intersected by the canal system [if  such  person  holds];  provided,
     6  further,  such  an  individual  representative of the commercial farming
     7  industry or the commercial shipping industry living outside of a  county
     8  adjacent to or intersected by the canal system shall also hold an owner-
     9  ship interest or senior managerial position in a commercial farming firm
    10  or  commercial  shipping  firm,  respectively,  which regularly uses the
    11  canal system in furtherance of its business; and
    12    2. The chairperson of the commission shall be  [the  chairman  of  the
    13  authority]  appointed  by  the governor and serve a three-year term. The
    14  members of the commission may elect  a  secretary  and  other  necessary
    15  officers to serve for such a period as the members shall decide.
    16    6.  A  majority of the [voting members of the commission] ten individ-
    17  uals involved in canal use, development, preservation or enhancement and
    18  local governments from counties adjacent to or intersected by the  canal
    19  system  appointed by the governor then in office, [at least five of whom
    20  are not appointed pursuant to paragraph a of  subdivision  one  of  this
    21  section,]  shall constitute a quorum for the transaction of any business
    22  or the exercise of any power or function  of  the  commission.  An  act,
    23  determination  or  decision  of  the majority of the members present and
    24  entitled to vote during the presence of a quorum shall be held to be the
    25  act, determination or decision of the commission.
    26    7. The commission shall meet monthly, generally, but at  least  [quar-
    27  terly]  ten  times  each  year.    Special meetings may be called by its
    28  chairperson and shall be called by the chairperson at the request  of  a
    29  majority of the members of the commission then in office.
    30    §  2. Section 138-b of the canal law, as amended by chapter 335 of the
    31  laws of 2001, is amended to read as follows:
    32    § 138-b. Functions, powers and duties. The commission shall:
    33    1. [Develop, maintain and periodically]  Exercise the  general  powers
    34  and duties relating to canals set forth in section ten of this chapter.
    35    2.  No  later than May first, two thousand twenty-five, revise [a] the
    36  statewide canal recreationway  plan  (hereinafter  referred  to  as  the
    37  "plan")  for  the canal system. [Such plan shall be developed in accord-
    38  ance with the provisions of section one hundred thirty-eight-c  of  this
    39  article and shall be submitted to the authority for its consideration no
    40  later than the first day of June, nineteen hundred ninety-four.
    41    2.  Solicit  input  from  counties intersecting or bordering the canal
    42  system and incorporate it to the  greatest  degree  practicable  in  the
    43  development  of  the  plan.  In  order  to facilitate such incorporation
    44  commission members representing each of  the  regional  planning  boards
    45  shall  request  from and provide assistance to each county it represents
    46  in the preparation of a county canal plan. Multi-county canal plans  may
    47  be  requested  by  the regional planning board representative, as deemed
    48  appropriate, in lieu of individual county canal plans. In a region where
    49  a regional planning board does not exist, the commission  shall  solicit
    50  county  canal  plans  from each of the chief executive officers of those
    51  counties outside the jurisdiction of  a  regional  planning  board.  The
    52  commission  shall  prescribe uniform guidelines concerning the format of
    53  plans to be used by  the  regional  planning  board  representatives  to
    54  assist  counties  in the preparation of county canal plans. The regional
    55  planning board representative shall encourage the development of  county
    56  canal  plans  that  reflect  participation by diverse local interests by
        S. 8138                             3

     1  seeking advice, to the extent possible, from individuals  and  organiza-
     2  tions  from  such  counties  with an interest in recreation, hunting and
     3  fishing, the environment, canal  related  tourism  businesses,  historic
     4  preservation  and commercial development along the canal. In order to be
     5  considered in the formulation of the plan, county canal  plans  must  be
     6  submitted  to the commission not later than the first day of June, nine-
     7  teen hundred ninety-three.
     8    3. Ensure public comment on the plan, including at least three  public
     9  hearings  on  the plan prior to submission of the plan to the authority.
    10  The commission may also hold hearings on other matters it  deems  appro-
    11  priate.
    12    4. If deemed appropriate, request that studies, surveys or analyses be
    13  performed by the corporation, the departments of transportation, econom-
    14  ic  development  and  environmental  conservation  and/or  the office of
    15  parks, recreation and historic preservation to assist  in  the  develop-
    16  ment,  promotion,  marketing  and/or preservation of the canal system or
    17  the preparation of the plan. At the request  of  the  commission,  state
    18  agencies  and public authorities shall cooperate fully and shall provide
    19  requested information in a timely manner.
    20    5. Advise and assist the  corporation  in  carrying]  3.  Develop  and
    21  submit,  in  cooperation  with  the state and the Erie Canalway National
    22  Heritage Corridor Commission, no later  than  May  first,  two  thousand
    23  twenty-five,  an  application for United Nations Educational, Scientific
    24  and Cultural Organization (UNESCO) World Heritage List designation.
    25    4. Carry out its duties and obligations related to the  canal  in  the
    26  following manner:
    27    a.  evaluate and make recommendations for new operational, maintenance
    28  and capital initiatives or projects to enhance the canal;
    29    b. establish criteria and procedures for the review by the  commission
    30  for  consistency  with  the  canal recreationway plan of abandonments of
    31  canal lands, canal terminals and canal terminal  lands,  and  leases  of
    32  canal  lands,  canal terminals, and canal terminal lands proposed by the
    33  corporation pursuant to article six-A of this chapter; provided,  howev-
    34  er,  that where local zoning laws and zoning ordinances are in effect on
    35  lands proposed to be leased or on lands adjacent to those lands proposed
    36  to be leased such review shall include, to the extent  practicable,  the
    37  consideration  of the compatibility of such leases with the requirements
    38  of such local zoning laws and zoning ordinances;  and  provided  further
    39  that  the  commission may determine that certain categories of leases do
    40  not require review;
    41    c. submit to the [corporation, the] director of  the  budget  and  the
    42  chairpersons  of  the senate finance committee and the assembly ways and
    43  means committee, on the first day of October, nineteen  hundred  ninety-
    44  two,  and  on  or  before the first day of [August] January in each year
    45  thereafter, a budget request  for  the  operations  of  the  commission,
    46  including  all  relevant  annual  costs  for the operation, maintenance,
    47  repair, development, and oversight of the canal system pursuant to arti-
    48  cle two of this chapter.   Such request  shall  include  provisions  for
    49  staff  services  and other administrative assistance as deemed necessary
    50  by the commission to perform its functions and meet its responsibilities
    51  during the next calendar year[.  The  corporation  shall  provide  staff
    52  services  to  the commission and such other administrative assistance as
    53  may be necessary for the commission to carry out its  functions,  powers
    54  and duties]; and
    55    d.  submit  annually  to [the corporation,] the director of the budget
    56  and the chairpersons of the senate finance committee  and  the  assembly
        S. 8138                             4

     1  ways and means committee, on the first day of [October, nineteen hundred
     2  ninety-two,  and on or before the first day of August in] December [each
     3  year thereafter], a budget request for the expenditure of  funds  avail-
     4  able  from the canal fund, for the purposes established by section nine-
     5  ty-two-u of the state finance law. [Submissions made during the  initial
     6  years shall give funding priority for expenditures related to the devel-
     7  opment and/or promotion of the canal system;
     8    e.  undertake  a comprehensive study of alternative waterway and canal
     9  toll and fee structures, including but not  limited  to,  a  comparative
    10  analysis  of  other  existing  waterway and canal systems, the impact of
    11  various toll and  fee  structures  on  recreational  use,  tourism,  and
    12  commercial  activity;  and  the  revenue  implications for each of these
    13  alternatives. The commission shall make recommendations to the authority
    14  by the first day of April, nineteen hundred ninety-three, on appropriate
    15  tolls and fees to be charged for the use of the canal system  and  shall
    16  provide  an  update on the implementation of such recommendations by the
    17  first day of April, nineteen hundred ninety-five; and
    18    f. utilize information provided by the authority and other state agen-
    19  cies and departments, pursuant to section ten of this chapter, surveying
    20  canal lands within the Adirondack park and studying current  land  uses,
    21  to make recommendations to the authority, no later than the first day of
    22  June,  nineteen  hundred ninety-four, concerning the future use of canal
    23  lands within the Adirondack park,  including  but  not  limited  to  the
    24  utilization  of  existing  properties  under  revocable permits; and the
    25  identification of any property not needed for canal purposes that may be
    26  transferred to the department of environmental conservation.
    27    6.] 5. Establish committees as it deems appropriate on matters  relat-
    28  ing  to  the  commission's functions, powers and duties; such committees
    29  shall be chaired by a commission member  but  may  include  persons  not
    30  members  of the commission who provide expertise of interest specific to
    31  the charge of such committee.
    32    a. the commission shall  create  a  temporary  committee  which  shall
    33  include  the  commissioner of the department of economic development and
    34  the commissioner of the office of parks, recreation and historic preser-
    35  vation or their representatives and others with appropriate expertise to
    36  identify opportunities for achieving the economic development  potential
    37  of  the recreationway and to make recommendations for specific implemen-
    38  tation of these opportunities, including recommendations  for  marketing
    39  and promotion designed to attract tourists.
    40    b.  the  commission  shall  create  a  temporary  committee, which may
    41  include appropriately accredited professionals, to assess and report  to
    42  the authority on issues associated with managing the waters of the canal
    43  system,  including  issues  relating  to  recreational use, habitats and
    44  flood prone areas.
    45    [7.] 6. Report on or before March thirty-first of each year commencing
    46  nineteen hundred ninety-four  to  the  corporation,  the  governor,  the
    47  temporary president of the senate and the speaker of the assembly on the
    48  activities  of  the commission with respect to the functions, powers and
    49  duties established in this section.
    50    § 3. This act shall take effect on ninetieth day after it  shall  have
    51  become a law.