NY Env Conserv L § 46-0109 (2021)
2021 New York Laws ENV - Environmental Conservation Article 46 - Albany Pine Bush Preserve Commission 46-0109 - Powers and Duties of the Commission.

§ 46-0109. Powers and duties of the commission.   The commission shall have the power:   1. To sue and be sued.   2. To make by-laws for the management and regulation of its affairs.   3.  To  make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and  functions  under  this article.   4.  To  appoint  an executive officer, officers, agents and 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 and local agencies, pursuant to an allocation to be  made by  the  state  division of the budget or the chief executive officer of the local government as applicable.   6. To contract for professional and technical assistance and advice.   7. To contract for and to accept assistance, including but not limited to gifts, grants, easements or  loans  of  funds  or  real  property  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, subject  to  the  approval  of  the  division  of  the  budget. Notwithstanding  the  provision  of  section eleven of the state finance law, the commission may accept  gifts,  grants,  devises  and  bequests, whether  conditional or unconditional, with the approval of the director of the budget.   8. To conduct scientific and environmental studies.   9. Notwithstanding the provisions of section 9-1105 of this chapter or any other provision of law, to take, or cause to be taken, necessary and appropriate fire management actions to protect the flora  and  fauna  of the preserve provided that:  (i) such actions have been approved in writing by the commissioner and are  pursuant  to  a written plan for the conduct of the requested burn, which plan shall include provisions for limiting the area to  be  burned and  restricting the burn to that area, as well as emergency suppression procedures; and  (ii) no burning shall be conducted until the chief or  other  official in  charge  of  the  fire department or company within whose territorial jurisdiction the proposed burn is located has been given the opportunity to review and comment on the written plan and  the  fire  department  or company  dispatcher  has  been  notified of the actual date and time and estimated duration of such action; and  (iii) no burning shall  be  prescribed  within  seventy-five  feet  of privately  owned  land  within or adjacent to the preserve which has not been dedicated to  the  preserve,  except  upon  the  approval  of  such adjacent landowner.   10.  To  construct, or cause to have constructed, necessary facilities including paths  and  trails,  an  environmental  education  center  and related parking areas on no more than five percent of the preserve.   11. To conduct environmental education programs.   12.   To   facilitate  and  provide  passive  recreational  activities including hiking, nature study and photography.   13. To control access and use of the  preserve  as  is  necessary  and appropriate  to  maintain  the  ecological  community  of  the  preserve including establishment of an admission  control  system  by  permit  on either a group or individual.   14.  To  review  and  approve proposed dedications to the preserve and recommend additions to the preserve.    15. To advise and assist state agencies,  municipalities  and  private property  owners  whose  land  adjoins  the  preserve  on  land  use and management techniques that are compatible with the land management needs of the preserve.   16.  To  encourage  individuals, corporations, associations and public entities to protect and preserve the unique resources of the preserve.   17. To prepare an annual report on the conduct of its activities which shall include a recommended budget for the next year.   18. To exercise and perform such other powers and duties as shall have been or may be from time to time conferred by law.   19. To acquire real property as may be necessary for the purposes  and functions  of  the commission. Such real property may be acquired in the name of the commission by purchase, exchange, gift, devise, bequest,  or by other legal means.