NY Env Conserv L § 44-0113 (2021)
2021 New York Laws ENV - Environmental Conservation Article 44 - Hudson River Valley Greenway 44-0113 - Powers and Duties of the Conservancy.

§ 44-0113. Powers and duties of the conservancy.The conservancy shall have the power:1.  To  sue  on  causes of action consistent with the purposes and its   responsibilities under this article and with  respect  to  contracts  to   which  it  is a party, but not for general enforcement of state or local   environmental or planning laws, provided that the right  to  sue,  other   than with respect to contracts, to which it is a party, shall be limited   to  causes  of action arising within the boundaries of the greenway; and   to be sued.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 establish and maintain such facilities as may be  necessary  for   the transacting of its business.4.  To  appoint an executive officer, officers, agents, employees, and   prescribe their duties and qualifications and fix their compensation.5. To utilize, to the extent feasible  the  staff  and  facilities  of   existing state agencies.6.  To  hold  hearings  in  the  exercise of its powers, functions and   duties provided for by this article.7. To contract for professional and technical assistance and advice.8. To contract for and to accept assistance, including but not limited   to gifts, grants or loans of funds  or  of  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,  subject  to  the  applicable  general   policies of the director of the budget.9. To encourage individuals, corporations, associations, organizations   and  public  agencies  to preserve and enhance the natural scenic beauty   and heritage of the Hudson river valley and the lands, water,  exemplary   natural  communities,  aesthetic  and  cultural  resources of the Hudson   river valley, as well as manage and  conserve  the  fish,  wildlife  and   endangered  plant  and  animal species, and to increase public access to   the waters of the Hudson river.10. To acquire, in the name of the state, interests or rights in  real   property including title by gift or devise anywhere within the greenway,   or  by  purchase  solely  for  the  purposes  of  a  riverside  park  or   development of the greenway trail, or by easement for the  conservation,   management  and  preservation  of  open  space  characterized by natural   scenic beauty, heritage, natural resource values or conditions enhancing   regional qualities of the Hudson river valley  provided,  however,  that   notwithstanding  any other provision of law, transfers of such interests   or  rights  in  real  property  may  be  made   to   municipalities   or   not-for-profit corporations which contract to hold such property for the   beneficial  enjoyment  of  the people of the state and in no event shall   such land be sold by any such municipality or not-for-profit corporation   except for purposes consistent with  the  beneficial  enjoyment  of  the   people  of  the  state.  Additionally, notwithstanding this or any other   provision of law, neither the state, nor any of  its  instrumentalities,   may  transfer,  to  the  conservancy,  any  interests  or rights in real   property upon which  the  state  is  making  property  tax  payments  or   payments  in lieu of taxes, unless provision is made for the continuance   of such payments by the conservancy from monies available in the fund.11. To continue the  existing  subsidiary  nonprofit  corporation  and   create  committees  and appoint members thereto to assist and advise the   conservancy in carrying out its functions,  powers  and  duties  and  in    coordinating  the  activities  of  the  conservancy with state and local   agencies functioning within the Hudson river valley.12.  To  intervene  in proceedings before state agencies including the   department on matters affecting the Hudson river valley.13.  To  encourage  and  assist  in  the  creation  of  special  local   improvement districts consistent with the purposes of this article.14.  To  identify land and water areas in the Hudson river valley that   are suited for designation as  scenic  areas  under  the  provisions  of   article  forty-nine  of  this  chapter and for subsequent development of   resource management plans.15. To provide technical assistance to  county  and  local  officials,   landowners   and   interested  organizations  with  regard  to  resource   protection, conservation and management of renewable  natural  resources   and  preservation  methods and techniques, including but not limited to:   natural resource inventories, scenic and  conservation  easements,  deed   restrictions,   local   land   trust,   innovative   zoning  techniques,   establishment of urban cultural parks, historic preservation methods and   viewshed analysis.16. To encourage and assist state, county and local  governments  with   the   implementation  of  procedures  for  identifying  and  designating   critical areas under the state environmental quality review act, and  to   provide  similar support for utilization of scenic impact project review   guidelines.17. To help to advance, guide and coordinate on a priority  basis  the   acquisition  of  land  and  water  areas  possessed  of scenic, natural,   historical, recreational or cultural significance, for  the  purpose  of   preserving  or  enhancing  such  areas; and to do so in cooperation with   appropriate public and private agencies.18. To  initiate  the  preparation  of  comprehensive  and  systematic   inventories  and  studies of the natural, scenic, historic, cultural and   recreational resources of the Hudson river valley.19. To provide local governments and the private sector with  improved   liaison,  interpretation  and  focus  relative to a variety of state and   federal  programs  which  bear  on  the  Hudson  river  valley  and  its   shorelands,  including  coastal  management;  basin level B study; wild,   scenic  and  recreational  rivers;  urban  cultural   parks;   fisheries   management;  estuarine  sanctuaries; areas of national concern; historic   preservation; tourism and outdoor recreation; and grants-in-aid.20. To help develop and implement a comprehensive program and plan  at   the  state, county and local levels for resource preservation, renewable   natural resource management and enhancement in scenic highway corridors.21.  To  annually  prepare  a  work  plan  of  intended  projects  and   activities  of  the conservancy and present such plan to the council for   its review and comment and report  periodically  to  the  governor,  the   legislature  and  the  council on the conduct of its activities, but not   less than once a  year,  and  to  provide  a  copy  of  each  report  to   appropriate  public  and private entities within the Hudson river valley   which request a copy of the report.22. To exercise and perform such other powers and duties as shall have   been or may be from time to time conveyed or imposed by law.23. To encourage individuals, corporations,  associations  and  public   entities  to  protect  and preserve unique resources of the greenway and   make  grants  to  municipalities  and  non-profit  entities  within  the   greenway therefor.24.  To  whenever in the opinion of the conservancy it would be in the   public interest, after prior approval of the  director  of  the  budget,   request  the  temporary  assignment and transfer of certain employees of   any board,  commission,  agency  or  department  of  the  state  or  its    political   subdivisions,   and   said   board,  commission,  agency  or   department, if in its opinion such transfer will not interfere with  the   performance  of  its  duties  and functions may make such assignment and   transfer  of  said  employees  to  the  conservancy. Such assignment and   transfer or extension thereof shall not in  any  way  affect  the  civil   service  status, continuity of service, retirement plan status, right to   compensation, grade or compensation or other rights or privileges of any   employee so transferred.25. To submit title to  all  interests  or  rights  in  real  property   proposed  to be acquired by the conservancy for examination and approval   by the attorney general of the state who shall also furnish any and  all   necessary  legal  services and advice required to assist the conservancy   in accomplishing its corporate purposes.26. When funds are available, and with the approval of  the  governor,   enter  into  an  agreement  with a municipality or district within which   real property interests or rights have been acquired by the  conservancy   providing  for the payment of moneys in lieu of anticipated tax revenues   whenever the conservancy shall determine that undue hardship  justifying   such financial relief has been created by such acquisition.27.  To enforce that no officer, member or employee of the conservancy   shall receive or may be  lawfully  entitled  to  receive  any  pecuniary   profit  from  the operation thereof except, to the extent available from   the fund, for expenses  actually  and  necessarily  incurred,  including   reasonable  compensation  to  employees for services in effecting one or   more of the purposes set forth herein.28. To continue to provide certain programmatic  contractual  services   to the department as has heretofore been the practice.29.  To  jointly  designate  and  develop  model  greenway projects in   agreement with the council to demonstrate the implementation of greenway   planning and make grants for assistance to municipalities and non-profit   entities within the greenway therefor.30. To promote the greenway as a single, tourism destination  site  in   conjunction with the designation and development of the greenway trail.31. To assist in the preservation of farmlands within the greenway for   continued agricultural use.32.  To  take any actions necessary to carry out the functions, powers   and duties imposed by this article.33. Notwithstanding any other section of law the conservancy shall not   have the power of eminent domain  or  to  acquire  property  by  eminent   domain.34.  Notwithstanding  any  other  section  of law, the conservancy may   exercise its powers within the county of New York only for the  purposes   of  designating, developing, or causing to be developed a trail pursuant   to  section  44-0121  of  this  article.  For  the  purposes   of   this   subdivision,  "trail"  means  a  linear  corridor or pathway, walkway or   bikeway used  solely  for  public  transportation  and  recreation.  The   council  or the conservancy shall not develop, construct or caused to be   developed or constructed any landfill,  pier  or  structure  over  water   located  west  of  the  existing  bulkhead  or  shoreline; nor shall the   council or the conservancy develop, construct or cause to  be  developed   or constructed any commercial or residential uses on any trail developed   pursuant to this subdivision.