NY Canal L § 6 (2021)
2021 New York Laws CAL - Canal Article 1-A - Transfer to Power Authority of the State of New York 6 - Transfer of Canal Lands and Other Assets.

§ 6. Transfer of canal lands and other assets.  1. The jurisdiction of the  thruway authority over the New York state canal system and over all state assets, equipment and  property,  both  tangible  and  intangible, owned   or   used   in   connection   with  the  planning,  development, construction, reconstruction, maintenance and operation of the New  York state  canal  system, as set forth in articles one through and including fourteen, except article seven, of this chapter, and  except  properties in  use  on  the  effective  date  of this article in support of highway maintenance, equipment management and traffic signal operations  of  the department of transportation, heretofore transferred by the commissioner of  transportation  to  the  thruway  authority,  are hereby transferred without consideration to the authority, to be held by the  authority  in the  name  of  the  people  of  the  state  of New York. In addition the commissioner of transportation and the chair of the authority or his  or her  designee  may,  in  their  discretion,  enter  into an agreement or agreements transferring jurisdiction over any or all of the bridges  and highways  set  forth  in  article  seven of this chapter, and any or all state assets, equipment and  property,  both  tangible  and  intangible, owned   or   used   in   connection   with  the  planning,  development, construction, reconstruction, maintenance and operation of such  bridges and  highways,  which  shall be transferred without consideration to the authority, to be held by the authority through the  corporation  in  the name  of  the  people  of  the  state  of New York. Any other rights and obligations resulting from or arising out of the planning,  development, construction,  reconstruction,  operation or maintenance of the New York state canal system shall be deemed assigned to and shall be exercised by the authority through the corporation, except  that  the  authority  may designate  the  chair  of  the thruway authority to be its agent for the operation and maintenance of the New York state canal  system,  provided that such designation shall have no force or effect after January first, two  thousand  seventeen. Such canal system shall remain the property of the state and under its management  and  control  as  exercised  by  and through  the authority, through the corporation which shall be deemed to be the state for the purposes of such  management  and  control  of  the canals but for no other purposes.   2.  The  department  of  transportation  and  thruway  authority shall deliver to the authority all books, policies, procedures, papers, plans, maps, records, equipment and property of such department  pertaining  to the functions transferred pursuant to this article.   3.  All rules, regulations, acts, determinations, orders and decisions of the commissioner of transportation, department of transportation,  or thruway  authority  pertaining  to the functions transferred pursuant to this article in force at the time of such  transfer  shall  continue  in force and effect as rules, regulations, acts, determinations, orders and decisions  of  the  authority  and  corporation  until  duly modified or abrogated by such authority or corporation.   4. Any business or  other  matters  undertaken  or  commenced  by  the thruway  authority,  including  executed  contracts,  permits  and other agreements,  but  excluding  bonds,  notes   or   other   evidences   of indebtedness,  pertaining  to  or  connected with the powers, duties and obligations transferred pursuant to this article, and in effect  on  the effective  date  of  the  transfer  of  such  matters  from  the thruway authority to the authority provided for in this article,  shall,  except as  otherwise  agreed  by  the  authority  and the thruway authority, be conducted and completed by the authority through the corporation in  the same  manner  and  under the same terms and conditions and with the same effect as if conducted and completed by the thruway authority,  provided that  nothing  in  this  subdivision  shall  be  deemed  to  require the  authority to take any action in a manner that would in its  judgment  be inconsistent  with  the provisions of any bond or note resolution or any other contract with the holders of the authority's bonds, notes or other obligations.   5.  No  existing  rights  or remedies of the state, authority, thruway authority, or canal corporation shall be lost, impaired or  affected  by reason of this article.   6.  (a)  No  action or proceeding pending on the effective date of the transfer of powers, duties and obligations from the thruway authority to the  authority  brought  by  or  against  the  thruway  authority,   the commissioner  of  transportation,  the  corporation,  the  department of transportation or the authority shall be affected by this  article.  Any liability  arising  out  of  any  act or omission occurring prior to the effective date of the transfer of the  powers,  duties  and  obligations from  the thruway authority to the authority, of the officers, employees or agents of the thruway authority, the department of transportation, or any other agency  of  the  state,  other  than  the  authority,  in  the performance  of  their  obligations  or  duties under the canal law, any other law of the state or any federal law, or  pursuant  to  a  contract entered  into prior to the effective date of such transfer, shall remain a liability of the thruway authority, the department  of  transportation or such other agency of the state and not of the authority.  (b)  Notwithstanding  any  provision  to  the  contrary  contained  in paragraph (a) of this subdivision, the state shall  indemnify  and  hold harmless  the  thruway  authority, the corporation and the authority for any and all claims, damages, or liabilities, whether or  not  caused  by negligence,  including  civil  and  criminal  fines,  arising  out of or relating  to  any  generation,  processing,  handling,   transportation, storage,  treatment,  or  disposal  of  solid or hazardous wastes in the canal system by any person or entity other than the thruway authority or the  authority  occurring  prior  to  August  third,  nineteen   hundred ninety-two.  Such  indemnification  shall extend to, without limitation, any releases into land, water or  air,  including  but  not  limited  to releases  as  defined  under  the  federal  comprehensive  environmental response compensation and liability  act  of  nineteen  hundred  eighty, occurring   or   existing   prior  to  August  third,  nineteen  hundred ninety-two; provided that the thruway authority, the corporation and the authority shall  cooperate  in  the  investigation  and  remediation  of hazardous waste and other environmental problems.  (c)  Notwithstanding  any  provision  to  the  contrary  contained  in paragraph (a) of this subdivision, the thruway authority shall indemnify and hold harmless the corporation and the  authority  for  any  and  all claims,  damages,  or  liabilities, whether or not caused by negligence, including civil and criminal fines, arising out of or  relating  to  any generation, processing, handling, transportation, storage, treatment, or disposal  of solid or hazardous wastes in the canal system by any person or entity  other  than  the  authority  occurring  after  August  third, nineteen  hundred ninety-two and no later than the effective date of the transfer of powers, duties and obligations from the thruway authority to the authority. Such indemnification shall extend to, without limitation, any releases into land, water or  air,  including  but  not  limited  to releases  as  defined  under  the  federal  comprehensive  environmental response compensation and liability  act  of  nineteen  hundred  eighty, occurring  or  existing  prior  to the effective date of the transfer of powers, duties  and  obligations  from  the  thruway  authority  to  the authority;  provided  that  the  corporation  and  the  authority  shall cooperate in the investigation and remediation of  hazardous  waste  and other environmental problems.  (d)  Except  as  otherwise  provided  in  this  chapter,  the  thruway authority shall  retain  all  liabilities,  whether  or  not  caused  by negligence,  arising  out of any acts or omissions occurring on or after August third,  nineteen  hundred  ninety-two,  in  connection  with  its powers,  duties  and  obligations  with  respect to the corporation. The authority and the state shall not be held liable in connection with  any liabilities arising out of such acts or omissions.   7. Notwithstanding any provision of law to the contrary, in connection with  the  transfer  of jurisdiction of the corporation to the authority and the assumption of management of  the  corporation  as  a  subsidiary corporation  of the authority pursuant to the chapter of the laws of two thousand sixteen which added this  subdivision,  the  thruway  authority shall  have the power to fulfill any existing agreements or obligations, make any agreements, receive, retain or pay any funds, deemed  necessary and  in  the  public interest to effectuate the provisions and intent of this chapter, including but  not  limited  to,  the  entering  into  any agreements  with  the  corporation, the authority and any other federal, state, municipal or other  entities,  and  to  receive  funds  from  the federal emergency management agency or the state, to fulfill the thruway authority's  existing  financial  or  other obligations arising from its jurisdiction over the canal system and the corporation.