N.Y. ENV Law § 44-0107 — New York Code / Act ENV / Article 44 / Section 44-0107
Powers and duties of the council
Status: in_force

§ 44-0107. Powers and duties of the council.\n  The council shall have the power:\n  1. To make by-laws for the management and regulation of its affairs.\n  2. To make and execute contracts and all other instruments necessary\nor convenient for the exercise of its powers and functions under this\narticle.\n  3. To appoint an executive officer, officers, agents and employees,\nand prescribe their duties and qualifications and fix their\ncompensation.\n  4. To utilize, to the extent feasible, the staff and facilities of\nexisting state agencies, pursuant to an allocation to be made by the\nstate division of the budget.\n  5. To contract for professional and technical assistance and advice.\n  6. To contract for and to accept assistance, including but not limited\nto gifts, grants, or loans of funds or personal property from the\nfederal government or any agency or instrumentality thereof, or from any\nagency or instrumentality of the state, or from any other public or\nprivate source and to comply, subject to the provisions of this article,\nwith the terms and conditions thereof. Notwithstanding the provision of\nsection eleven of the state finance law, the council may accept gifts,\ngrants, devises and bequests, whether conditional or unconditional\nproviding that any gifts, grants, devises and bequests be consistent\nwith greenway criteria.\n  7. To conduct scientific, environmental, economic, tourism and\ncultural studies within the valley that are germane to the greenway\ncriteria.\n  8. To annually review and update the recommendations of the governor's\ncouncil on the Hudson river valley and prepare objectives to advance\neach of the five greenway criteria: natural and cultural resources\nprotection, regional planning, economic development including\nagriculture and urban redevelopment, public access and heritage\neducation.\n  9. To review and comment as an interested agency during the\nenvironmental review process pursuant to article eight of this chapter\non proposed actions within the greenway, and upon the filing of a draft\nenvironmental impact statement for any such action to require the lead\nagency to conduct a hearing under article eight of this chapter.\n  10. To review and comment on capital and long range plans of state\nagencies as they affect the criteria, objectives and plans of the\ngreenway.\n  11. To review and comment on actions pursuant to section seventy-five\nof the public lands law within the greenway for their consistency with\nthe public's right and interest in land under water for the purposes of\nnavigation and commerce, fishing, bathing, natural resource\nconservation, recreation and access to the waters and lands underwater\nof the state.\n  12. To review and comment upon the annual work plan submitted by the\nconservancy.\n  13. To jointly designate and develop in agreement with the conservancy\nmodel greenway projects to demonstrate the implementation of greenway\nplanning and make contracts for assistance to municipalities and\nnonprofit entities within the greenway therefor.\n  14. To designate multi-county planning districts or subregions based\non environmental, economic and social factors linking counties, cities,\ntowns and villages and the recommendations of municipal officials from\nsuch counties and their political subdivisions for the purpose of\ndevelopment of the greenway compact, provided that the areas of Bronx\nand New York counties designated pursuant to section 44-0109 of this\narticle shall be deemed to be a multi-county planning district and\nregion and shall not be linked with any other county, city, town or\nvillage in a multi-county planning district or region.\n  15. To make recommendations on expanding the geographical area of the\ngreenway to include Washington county and the remainder of Saratoga\ncounty.\n  16. To encourage individuals, corporations, associations and public\nentities to protect and preserve the unique resources of the greenway\nand make grants to municipalities and nonprofit entities within the\ngreenway therefor.\n  17. To make available or to cause to make available dispute resolution\nservices for conflicts over land use regulation between units of\ngovernment and/or between interests including development, conservation\nand neighborhood interests upon request of all parties in dispute.\n  18.  To organize and meet with a committee of county planners within\nthe greenway regarding regional projects and the provision of planning\nservices.\n  19. To prepare an annual report on the conduct of its activities which\nshall include a recommended budget for the next year to be sent to the\ngovernor and the legislature.\n  20. To exercise and perform such other powers and duties as shall have\nbeen or may be from time to time conferred by law.\n  21. To utilize the staff and facilities of existing local agencies to\nthe extent that local agencies make them available.\n  22. To take any actions necessary to carry out the functions, powers\nand duties imposed by this article.\n  23. To purchase the maximum insurance coverage practicable and\naffordable from revenues in the fund, to be effective upon the adoption\nby a community of a regional plan, from any duly authorized insurer in\nthis state, against any liability of any participating community or its\nagents that may result from its acquisition of land, consistent with its\nregional plan, or the adoption or implementation of any land use control\nincluding, but not limited to, a zoning law or ordinance; provided,\nhowever, such insurance shall not apply to any such claim that results\nfrom the intentional wrongdoing, recklessness, gross negligence or an\nunlawful discriminatory practice as provided in subdivisions two, two-a,\nthree-b, four, paragraphs (a) and (b) of subdivision five and\nsubdivisions six, seven, fourteen and eighteen of section two hundred\nninety-six of the executive law and 42 U.S.C. § § 1981, 1983 by such\ncommunity or its agents. Except with respect to New York city, the\ncouncil shall purchase such insurance and begin coverage upon the\nadoption by a community of a regional plan, and maintain such insurance\nfor all participating communities. Nothing herein shall require the\ncouncil to purchase or provide coverage for New York city.\n