NY Env Conserv L § 44-0107 (2021)
2021 New York Laws ENV - Environmental Conservation Article 44 - Hudson River Valley Greenway 44-0107 - Powers and Duties of the Council.

§ 44-0107. Powers and duties of the council.The council shall have the power:1. To make by-laws for the management and regulation of its affairs.2.  To  make and execute contracts and all other instruments necessary   or convenient for the exercise of its powers and  functions  under  this   article.3.  To  appoint  an executive officer, officers, agents and employees,   and  prescribe  their  duties   and   qualifications   and   fix   their   compensation.4.  To  utilize,  to  the extent feasible, the staff and facilities of   existing state agencies, pursuant to an allocation to  be  made  by  the   state division of the budget.5. To contract for professional and technical assistance and advice.6. To contract for and to accept assistance, including but not limited   to  gifts,  grants,  or  loans  of  funds  or personal property from the   federal government or any agency or instrumentality thereof, or from any   agency or instrumentality of the state, or  from  any  other  public  or   private source and to comply, subject to the provisions of this article,   with  the terms and conditions thereof. Notwithstanding the provision of   section eleven of the state finance law, the council may  accept  gifts,   grants,  devises  and  bequests,  whether  conditional  or unconditional   providing that any gifts, grants, devises  and  bequests  be  consistent   with greenway criteria.7.   To  conduct  scientific,  environmental,  economic,  tourism  and   cultural studies within the valley that  are  germane  to  the  greenway   criteria.8. To annually review and update the recommendations of the governor's   council  on  the  Hudson  river valley and prepare objectives to advance   each of the five  greenway  criteria:  natural  and  cultural  resources   protection,    regional   planning,   economic   development   including   agriculture  and  urban  redevelopment,  public  access   and   heritage   education.9.   To  review  and  comment  as  an  interested  agency  during  the   environmental review process pursuant to article eight of  this  chapter   on  proposed actions within the greenway, and upon the filing of a draft   environmental impact statement for any such action to require  the  lead   agency to conduct a hearing under article eight of this chapter.10.  To  review  and  comment on capital and long range plans of state   agencies as they affect  the  criteria,  objectives  and  plans  of  the   greenway.11.  To review and comment on actions pursuant to section seventy-five   of the public lands law within the greenway for their  consistency  with   the  public's right and interest in land under water for the purposes of   navigation   and   commerce,   fishing,   bathing,   natural    resource   conservation,  recreation  and access to the waters and lands underwater   of the state.12. To review and comment upon the annual work plan submitted  by  the   conservancy.13. To jointly designate and develop in agreement with the conservancy   model  greenway  projects  to demonstrate the implementation of greenway   planning  and  make  contracts  for  assistance  to  municipalities  and   nonprofit entities within the greenway therefor.14.  To  designate multi-county planning districts or subregions based   on environmental, economic and social factors linking counties,  cities,   towns  and  villages and the recommendations of municipal officials from   such counties and  their  political  subdivisions  for  the  purpose  of   development  of  the  greenway compact, provided that the areas of Bronx   and New York counties designated pursuant to  section  44-0109  of  this    article  shall  be  deemed  to  be  a multi-county planning district and   region and shall not be linked with any  other  county,  city,  town  or   village in a multi-county planning district or region.15.  To make recommendations on expanding the geographical area of the   greenway to include Washington county  and  the  remainder  of  Saratoga   county.16.  To  encourage  individuals, corporations, associations and public   entities to protect and preserve the unique resources  of  the  greenway   and  make  grants  to  municipalities  and nonprofit entities within the   greenway therefor.17. To make available or to cause to make available dispute resolution   services for  conflicts  over  land  use  regulation  between  units  of   government  and/or between interests including development, conservation   and neighborhood interests upon request of all parties in dispute.18.  To organize and meet with a committee of county  planners  within   the  greenway  regarding regional projects and the provision of planning   services.19. To prepare an annual report on the conduct of its activities which   shall include a recommended budget for the next year to be sent  to  the   governor and the legislature.20. To exercise and perform such other powers and duties as shall have   been or may be from time to time conferred by law.21.  To utilize the staff and facilities of existing local agencies to   the extent that local agencies make them available.22. To take any actions necessary to carry out the  functions,  powers   and duties imposed by this article.23.  To  purchase  the  maximum  insurance  coverage  practicable  and   affordable from revenues in the fund, to be effective upon the  adoption   by  a  community of a regional plan, from any duly authorized insurer in   this state, against any liability of any participating community or  its   agents that may result from its acquisition of land, consistent with its   regional plan, or the adoption or implementation of any land use control   including,  but  not  limited  to,  a zoning law or ordinance; provided,   however, such insurance shall not apply to any such claim  that  results   from  the  intentional  wrongdoing, recklessness, gross negligence or an   unlawful discriminatory practice as provided in subdivisions two, two-a,   three-b,  four,  paragraphs  (a)  and  (b)  of  subdivision   five   and   subdivisions  six,  seven,  fourteen and eighteen of section two hundred   ninety-six of the executive law and 42 U.S.C. § §  1981,  1983  by  such   community  or  its  agents.  Except  with  respect to New York city, the   council shall purchase  such  insurance  and  begin  coverage  upon  the   adoption  by a community of a regional plan, and maintain such insurance   for all participating communities.  Nothing  herein  shall  require  the   council to purchase or provide coverage for New York city.