NY Canal L § 138-B (2021)
2021 New York Laws CAL - Canal Article 13-A - Canal Recreationway Commission 138-B - Functions, Powers and Duties.

§ 138-b. Functions, powers and duties. The commission shall:1.  Develop,  maintain  and  periodically  revise  a  statewide  canal   recreationway plan (hereinafter referred to as the "plan") for the canal   system. Such plan shall be developed in accordance with  the  provisions   of  section  one  hundred  thirty-eight-c  of  this article and shall be   submitted to the authority for its consideration no later than the first   day of June, nineteen hundred ninety-four.2. Solicit input from counties intersecting  or  bordering  the  canal   system  and  incorporate  it  to  the greatest degree practicable in the   development of the plan.  In  order  to  facilitate  such  incorporation   commission  members  representing  each  of the regional planning boards   shall request from and provide assistance to each county  it  represents   in  the preparation of a county canal plan. Multi-county canal plans may   be requested by the regional planning board  representative,  as  deemed   appropriate, in lieu of individual county canal plans. In a region where   a  regional  planning board does not exist, the commission shall solicit   county canal plans from each of the chief executive  officers  of  those   counties  outside  the  jurisdiction  of  a regional planning board. The   commission shall prescribe uniform guidelines concerning the  format  of   plans  to  be  used  by  the  regional planning board representatives to   assist counties in the preparation of county canal plans.  The  regional   planning  board representative shall encourage the development of county   canal plans that reflect participation by  diverse  local  interests  by   seeking   advice,   to   the   extent  possible,  from  individuals  and   organizations from such counties with an interest in recreation, hunting   and fishing, the environment, canal related tourism businesses, historic   preservation and commercial development along the canal. In order to  be   considered  in  the  formulation of the plan, county canal plans must be   submitted to the commission not  later  than  the  first  day  of  June,   nineteen hundred ninety-three.3.  Ensure public comment on the plan, including at least three public   hearings on the plan prior to submission of the plan to  the  authority.   The  commission  may  also  hold  hearings  on  other  matters  it deems   appropriate.4. If deemed appropriate, request that studies, surveys or analyses be   performed  by  the  corporation,  the  departments  of   transportation,   economic development and environmental conservation and/or the office of   parks,   recreation   and   historic   preservation  to  assist  in  the   development, promotion,  marketing  and/or  preservation  of  the  canal   system or the preparation of the plan. At the request of the commission,   state  agencies  and  public authorities shall cooperate fully and shall   provide requested information in a timely manner.5. Advise and assist the corporation in carrying out  its  duties  and   obligations related to the canal in the following manner:a.  evaluate and make recommendations for new operational, maintenance   and capital initiatives or projects to enhance the canal;b. establish criteria and procedures for the review by the  commission   for  consistency  with  the  canal recreationway plan of abandonments of   canal lands, canal terminals and canal terminal  lands,  and  leases  of   canal  lands,  canal terminals, and canal terminal lands proposed by the   corporation  pursuant  to  article  six-A  of  this  chapter;  provided,   however,  that  where  local  zoning  laws  and zoning ordinances are in   effect on lands proposed to be leased or  on  lands  adjacent  to  those   lands  proposed  to  be  leased such review shall include, to the extent   practicable, the consideration of the compatibility of such leases  with   the  requirements  of  such local zoning laws and zoning ordinances; and   provided  further  that  the  commission  may  determine  that   certain   categories of leases do not require review; c.  submit  to  the  corporation,  the  director of the budget and the   chairpersons of the senate finance committee and the assembly  ways  and   means   committee,  on  the  first  day  of  October,  nineteen  hundred   ninety-two, and on or before the  first  day  of  August  in  each  year   thereafter,  a budget request for the operations of the commission. Such   request  shall  include  provisions  for  staff   services   and   other   administrative  assistance  as  deemed  necessary  by  the commission to   perform its functions and meet  its  responsibilities  during  the  next   calendar  year.  The  corporation  shall  provide  staff services to the   commission and such other administrative assistance as may be  necessary   for the commission to carry out its functions, powers and duties;d.  submit  to  the  corporation,  the  director of the budget and the   chairpersons of the senate finance committee and the assembly  ways  and   means   committee,  on  the  first  day  of  October,  nineteen  hundred   ninety-two, and on or before the  first  day  of  August  in  each  year   thereafter, a budget request for the expenditure of funds available from   the  canal fund, for the purposes established by section ninety-two-u of   the state finance law. Submissions made during the initial  years  shall   give funding priority for expenditures related to the development and/or   promotion of the canal system;e.  undertake  a comprehensive study of alternative waterway and canal   toll and fee structures, including but not  limited  to,  a  comparative   analysis  of  other  existing  waterway and canal systems, the impact of   various toll and  fee  structures  on  recreational  use,  tourism,  and   commercial  activity;  and  the  revenue  implications for each of these   alternatives. The commission shall make recommendations to the authority   by the first day of April, nineteen hundred ninety-three, on appropriate   tolls and fees to be charged for the use of the canal system  and  shall   provide  an  update on the implementation of such recommendations by the   first day of April, nineteen hundred ninety-five; andf. utilize information provided  by  the  authority  and  other  state   agencies  and  departments,  pursuant  to  section  ten of this chapter,   surveying canal lands within the Adirondack park  and  studying  current   land  uses,  to make recommendations to the authority, no later than the   first day of June, nineteen hundred ninety-four, concerning  the  future   use of canal lands within the Adirondack park, including but not limited   to  the  utilization of existing properties under revocable permits; and   the identification of any property not needed for  canal  purposes  that   may be transferred to the department of environmental conservation.6. Establish committees as it deems appropriate on matters relating to   the  commission's functions, powers and duties; such committees shall be   chaired by a commission member but may include persons  not  members  of   the  commission who provide expertise of interest specific to the charge   of such committee.a. the commission shall  create  a  temporary  committee  which  shall   include  the  commissioner of the department of economic development and   the commissioner  of  the  office  of  parks,  recreation  and  historic   preservation  or  their  representatives  and  others  with  appropriate   expertise  to  identify  opportunities  for   achieving   the   economic   development  potential  of the recreationway and to make recommendations   for  specific   implementation   of   these   opportunities,   including   recommendations   for   marketing  and  promotion  designed  to  attract   tourists.b. the commission  shall  create  a  temporary  committee,  which  may   include  appropriately accredited professionals, to assess and report to   the authority on issues associated with managing the waters of the canal   system, including issues relating  to  recreational  use,  habitats  and   flood prone areas. 7.  Report  on  or  before  March thirty-first of each year commencing   nineteen hundred ninety-four  to  the  corporation,  the  governor,  the   temporary president of the senate and the speaker of the assembly on the   activities  of  the commission with respect to the functions, powers and   duties established in this section.