NY Pub Auth L § 1005-B (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 1 - Power Authority of the State of New York 1005-B - New York State Canal Corporation.

§  1005-b.  New  York  state  canal corporation. 1. The public benefit corporation known as the "New York state canal corporation" (hereinafter referred  to  as  the  "canal  corporation")  created  as  a  subsidiary corporation  of the New York state thruway authority pursuant to chapter seven hundred sixty-six of the laws of nineteen  hundred  ninety-two  is hereby  continued  and  reconstituted as a subsidiary corporation of the authority and shall have only the power to operate, maintain, construct, reconstruct, improve, develop, finance, and promote all of  the  canals, canal  lands, feeder canals, reservoirs, canal terminals, canal terminal lands and other property under the jurisdiction of the canal corporation pursuant to article one-A of the canal law (hereinafter referred  to  as the "canal system"). Reference in any provision of law, general, special or  local,  or  in  any rule, regulation or public document to the canal corporation or the canal corporation as a subsidiary  of  the  New  York state  thruway  authority  shall  be  deemed  to  be  and construed as a reference to the canal corporation continued by this section.   2. The management and administration of the canal corporation shall be an additional corporate purpose of the authority. To the extent that the trustees deem it feasible and advisable, the authority may  transfer  to the  canal  corporation any moneys, real, personal, or mixed property or any personnel in order to  carry  out  the  purposes  of  this  section, provided  that  nothing  in  this section shall be deemed to require the authority to apply any moneys, revenues  or  property  or  to  take  any action in a manner that would 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.   3. The canal corporation and  any  of  its  property,  functions,  and activities  shall have all of the privileges, immunities, tax exemptions and other exemptions of the authority and of the  authority's  property, functions, and activities. The canal corporation shall be subject to the restrictions  and limitations to which the authority may be subject. The canal corporation may delegate to one or more of  its  members,  or  its officers,  agents  and  employees, such duties and powers as it may deem proper.   4. Exclusive jurisdiction is conferred upon the  court  of  claims  to hear   and  determine  the  claims  of  any  person  against  the  canal corporation (a) for its tortious acts and those of its agents,  and  (b) for  breach  of  a  contract,  relating to construction, reconstruction, improvement, maintenance or operation, in the same  manner  and  to  the extent  provided by and subject to the provisions of the court of claims act with respect to claims against the state, and  to  make  awards  and render  judgments  therefor.  All awards and judgments arising from such claims shall be paid out of moneys of the canal corporation.   5. The members of the canal corporation  shall  be  the  same  persons holding the offices of trustees of the authority.   6.  No  officer  or  member of the canal corporation shall receive any additional  compensation,  either  direct  or   indirect,   other   than reimbursement   for  actual  and  necessary  expenses  incurred  in  the performance of his or her duties, by reason of his or her serving  as  a member, director, or trustee of the canal corporation.   7.  The  employees  of the canal corporation shall not be deemed to be employees of the authority by reason of their employment  by  the  canal corporation.  All  officers and employees of the canal corporation shall be subject to the provisions of the civil service law which shall  apply to  the  canal  corporation and such corporation shall be subject to the jurisdiction of the New York state department of civil service  and  the New  York  state  civil  service commission. The canal corporation shall participate in the  New  York  state  and  local  employees'  retirement  system.  Nothing  contained  in  a  chapter  of the laws of two thousand sixteen that added this section shall be construed to affect the  rights and  privileges  of  the canal corporation or any of its employees under any  provisions  of  the  civil  service  law or any existing or expired collective bargaining agreement in effect as of the  effective  date  of transfer  of  the  canal  corporation  from the thruway authority to the authority. Any such employee who at the time of such transfer shall have been in a negotiating unit represented by an employee organization which was certified or recognized pursuant to article fourteen  of  the  civil service   law   shall  continue  to  be  represented  by  said  employee organization. There shall be no reduction of staff,  loss  of  position, including  partial  displacement,  such  as  reduction  in  the hours of non-overtime, wages, or employment benefits as a result of the  transfer of the canal corporation from the thruway authority to the authority for twenty-four months following such transfer.   8.  The  fiscal year of the canal corporation shall be the same as the fiscal year for the authority.   9. The canal corporation shall have the power to:  (a)  operate,  maintain,  construct,  reconstruct,  improve,  develop, finance, and promote the canal system;  (b) sue and be sued;  (c) have a seal and alter the same at pleasure;  (d)   make  and  alter  by-laws  for  its  organization  and  internal management and make rules and  regulations  governing  the  use  of  its property and facilities;  (e) appoint officers and employees and fix their compensation;  (f)  make and execute contracts and all other instruments necessary or convenient for the exercise of  its  powers  and  functions  under  this chapter;  (g)  acquire,  hold,  and dispose of real or personal property for its corporate purposes;  (h) engage the services of private consultants on a contract basis for rendering professional and technical assistance and advice;  (i)  procure  insurance  against  any  loss  in  connection  with  its activities,  properties,  and other assets, in such amount and from such insurers as it deems desirable;  (j) invest any funds of the canal corporation,  or  any  other  monies under  its  custody  and  control  not  required  for  immediate  use or disbursement, at the discretion of the canal corporation, in obligations of the  state  or  the  United  States  government  or  obligations  the principal  and  interest  of  which  are  guaranteed by the state or the United States government, or in  any  other  obligations  in  which  the comptroller  of  the  state  is authorized to invest pursuant to section ninety-eight-a of the state finance law;  (k) exercise those powers and duties of the authority delegated to  it by the authority;  (l)  prepare and submit a capital program plan pursuant to section ten of the canal law;  (m) approve and implement the New York state canal recreationway  plan submitted  pursuant  to  section one hundred thirty-eight-c of the canal law.  The  canal  corporation's  review  and  approval  of   the   canal recreationway  plan  shall  be based upon its consideration of a generic environmental impact statement prepared  by  the  canal  corporation  in accordance  with article eight of the environmental conservation law and the  regulations  thereunder.  Prior  to  the  implementation   of   any substantial  improvement  by the canal corporation on canal lands, canal terminals, or canal terminal lands, or the lease of canal  lands,  canal terminals,   or   canal   terminal   lands  for  substantial  commercial  improvement, the canal corporation, in  addition  to  any  review  taken pursuant  to  section  14.09  of  the  parks,  recreation  and  historic preservation law, shall conduct a  reconnaissance  level  survey  within three  thousand feet of such lands to be improved of the type, location, and significance of historic buildings, sites, and districts listed  on, or  which  may  be  eligible,  for  the  state  or national registers of historic places. The findings of such survey shall be used  to  identify significant  historical  resources and to determine whether the proposed improvements are compatible with such  historic  buildings,  sites,  and districts;  (n)  enter on any lands, waters, or premises for the purpose of making borings, soundings, and surveys;  (o) accept any gifts or any  grant  of  funds  or  property  from  the federal  government  or  from  the  state  or any other federal or state public body or political subdivision or any other person and  to  comply with the terms and conditions thereof; and  (p) waive any fee for a work permit which it has the power to issue if in  its  discretion  the project which is subject to a work permit would add value to canal lands without any cost to the canal corporation,  the authority, or the state.   10.  (a)  The  canal  corporation  shall  review  the  budget  request submitted by the canal recreationway commission pursuant to section  one hundred thirty-eight-b of the canal law.  (b) The canal corporation, on or before the fifteenth day of September of  each  year, shall submit to the director of the budget a request for the expenditure of funds available from the New York state canal  system development  fund  pursuant to section ninety-two-u of the state finance law or available from any other non-federal  sources  appropriated  from the state treasury.  (c)  In  the event that the request submitted by the canal corporation to the director of the budget differs from the request submitted by  the commission  to  the canal corporation, then the request submitted by the canal corporation to the  director  of  the  budget  shall  specify  the differences and shall set forth the reasons for such differences.   11.  The  canal  corporation  shall not have the power to issue bonds, notes, or other evidences of indebtedness; provided that notwithstanding the foregoing, the canal corporation may agree to repay amounts advanced to the canal corporation by the authority and to evidence such agreement by delivery of a promissory note or notes to the authority.   12. The canal corporation may do  any  and  all  things  necessary  or convenient  to  carry  out  and exercise the powers given and granted by this section.   13. The authority and all other state officers,  departments,  boards, divisions,   commissions,   public   authorities,   and  public  benefit corporations may render such services to the  canal  corporation  within their respective functions as may be requested by the canal corporation.   14.   Whenever   any   state   political   subdivision,  municipality, commission, agency, officer, department, board, division, or  person  is authorized  and  empowered  for  any  of  the  purposes of this title to cooperate and enter into  agreements  with  the  authority,  such  state political   subdivision,   municipality,  commission,  agency,  officer, department, board, division, or person shall have the same authorization and power for any such purposes to cooperate and enter  into  agreements with the canal corporation.