2023 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.