reglab/statecodes huggingface dataset:
2023 New York Laws › CAL - Canal › Article 10 - Permits › 100 - Granting Revocable Permits.

§   100.   Granting  revocable  permits.  The  corporation  is  hereby
  authorized, in its  discretion,  to  issue  revocable  permits  granting
  certain  limited  privileges  therein,  whenever  the  same  can be done
  without detriment to canal navigation or damage to the  banks  or  other
  structures thereof. It shall prescribe the terms and conditions by which
  such  revocable  permits  may  be  issued for the temporary use of canal
  lands or structures and for the diversion of canal waters for  sanitary,
  farm purposes, or industrial use. It may also issue permits, as it shall
  deem  to  be  advantageous  to  the  corporation, to any person, firm or
  corporation, to cut, gather and haul away ice from the canals.  Whenever
  any space and facilities are available at any canal terminal and when no
  detriment  or  injury  to  canal traffic or delay in handling same would
  result, the corporation may issue a revocable permit for  the  temporary
  and  restricted  use  or  occupancy,  of  such  canal  terminal  and the
  facilities thereof, pursuant to the rules and regulations which  it  may
  prescribe.  All  permits  heretofore  granted by the corporation and not
  canceled, are hereby legalized and  confirmed  and  made  effectual  and
  valid  in  accordance  with  the  terms and conditions in said permit as
  fully as if this chapter had been in force on the date  of  issuance  of
  such  permit.  No liability of any kind shall attach to or rest upon the
  state, including the corporation, for  any  damage  on  account  of  the
  granting or revocation of any permit. Existing permit holders within the
  Adirondack  park in compliance with the terms of permits which have been
  properly issued pursuant to law shall continue to be afforded permits at
  least until the first day of June, nineteen hundred ninety-four,  unless
  such  permit  holders fail to apply for permit renewal within six months
  of the expiration of such existing or former permit or  permits,  or  by
  the  first  day  of  August, nineteen hundred ninety-three, whichever is
  later; provided, however, that no additional development right or rights
  may be included in any permit renewed prior to the first  day  of  June,
  nineteen  hundred ninety-five. Any revenue realized from the issuance of
  such permits shall be deposited into the canal fund.
2023 New York Laws › CAL - Canal › Article 10 - Permits › 101 - Railroads Operating Over Canals.

§  101.  Railroads operating over canals. The corporation shall have a
  general supervisory power over so much of any railroad  as  passes  over
  any canal or feeder belonging to the state or approaches within ten rods
  thereof, so far as may be necessary to preserve the free and perfect use
  of  such  canals  or feeders, or for making any repairs, improvements or
  alterations thereupon.  No  railroad  corporation  shall  construct  its
  railroad  over  or  at  any place within ten rods of any canal or feeder
  belonging to the state, unless it submits to the corporation a map, plan
  and profile of such canal or feeder and of the route designated for  its
  railroad,  exhibiting  distinctly and accurately the relation of each to
  the other at all the places within the limits of ten rods  thereof,  and
  obtains  the  written permission of the corporation for the construction
  of such railroad, with such conditions, directions and  instructions  as
  in its judgment the free and perfect use of any such canal or feeder may
  require.
Whenever  any  street  railroad shall cross over any bridge spanning a
  canal, or canal feeder, the company owning,  maintaining  and  operating
  the  same, shall be deemed liable for and shall pay all damages that may
  occur or arise, either to the state or to  persons,  by  reason  of  its
  laying and maintaining its tracks or rail over, upon and across any such
  bridge, or by reason of the operation of its cars over the same; and any
  such  company shall, upon demand of the corporation, make any repairs to
  such structure to insure the continued safety  thereof,  as  shall  have
  been  rendered necessary by reason of such use of said structure by said
  company. Any company maintaining or operating a  street  railroad  over,
  upon  and across any such bridge shall indemnify the state including the
  corporation against any and all loss, damages or claims for damages  for
  injuries to persons or property of passengers which shall be incurred by
  or  made  against such state by reason of the operation of such railroad
  over any such bridge, and the or corporation  may,  in  its  discretion,
  require  any  company  so  maintaining or operating a street railroad to
  furnish a bond, with sureties to be approved  by  it  to  indemnify  the
  state including the corporation from all such loss, damage or claim. All
  such permits heretofore or hereafter granted shall be revocable whenever
  the  free and perfect use of any such canal or feeder may so require, or
  if such railroad company shall  fail  to  make  any  such  repairs  when
  required by the corporation. The railroad company using or occupying any
  bridge  over  the same shall, within a reasonable time after the service
  upon it, by the corporation of a written notice of such  revocation,  or
  to  make  such repairs, remove at its own cost and expense, its railroad
  from such bridge and from the limits  of  ten  rods  of  said  canal  or
  feeder.
2023 New York Laws › CAL - Canal › Article 10 - Permits › 102 - Pipe Lines Crossing Canals.

§  102.  Pipe lines crossing canals. No pipe line shall be constructed
  upon or across any of the canals of this state, except by the consent of
  and in a manner and upon the terms prescribed by the corporation, unless
  constructed upon a fixed bridge across such canal and with  the  consent
  of  the  person,  firm  or  corporation for whose benefit such bridge is
  constructed and maintained, or upon such a bridge over the canal, at the
  crossing of a public highway, or street, with the consent of the  public
  officers having the supervision thereof, or of the municipal authorities
  of any village or city within whose limits such bridge may be, nor shall
  the pipes of any such corporation be laid through, on or along the banks
  of  any  of the canals of this state, unless such pipes shall be encased
  so as to prevent leakage, in such manner as shall  be  approved  by  the
  corporation.
2023 New York Laws › CAL - Canal › Article 10 - Permits › 103 - Tolls for Lock and Lift Bridge Passage by Vessels and Use of Locks and Lift Bridges.

§  103.  Tolls  for lock and lift bridge passage by vessels and use of
  locks and lift bridges. 1. The  corporation  shall  have  the  power  to
  impose  tolls  for the passage through locks and lift bridges by vessels
  which are propelled in whole or in part  by  mechanical  power,  and  to
  collect such tolls by the sale of lock and lift bridge passes issued for
  such  periods of time as the corporation shall determine. Tolls for such
  lock and lift bridge passes shall be established by  regulation  of  the
  corporation  with  the  advice of the canal recreationway commission and
  following no fewer than two public hearings at geographically  dispersed
  locations  on the canal system. In addition, the corporation may provide
  by regulation for the sale of lock and lift bridge passes by  any  other
  entity,  and  may allow a charge for handling by such other entities not
  to exceed one dollar for  each  pass.  No  tolls  shall  be  imposed  or
  collected   prior   to   the   first  day  of  April,  nineteen  hundred
  ninety-three.  Vessels  owned  by  the  United  States,  a   state,   or
  subdivision  thereof shall be exempted from the tolls authorized by this
  section.
2. The use of locks and  lift  bridges  by  pleasure  and  residential
  vessels  shall  not  interfere with the use of locks and lift bridges by
  public vessels. Pleasure, residential and public vessels shall have  the
  same meaning as defined in the navigation law.
3. Revenues realized from the imposition of lock and lift bridge tolls
  shall be deposited in the canal fund.
2023 New York Laws › CAL - Canal › Article 10 - Permits › 104 - Use of Dry Docks for Repairs.

§  104.  Use  of  dry  docks  for  repairs.  The corporation may grant
  permission to owners of vessels operating upon the  canals  to  use  the
  state  dry  docks  to  the extent space is not required for the needs of
  canal maintenance vessels, and the corporation shall collect  from  such
  owners  equitable  charges  for  the use thereof. All sums collected for
  such use shall be paid into the canal fund.
2023 New York Laws › CAL - Canal › Article 11 - Canal Employees › 110 - Canal Officers Not to Be Interested in Floats, Contracts, or Hydraulic Works.

§  110.  Canal  officers not to be interested in floats, contracts, or
  hydraulic works.  No public officer or employee connected with the  care
  or  management  of the canal system shall be interested in any hydraulic
  work dependent upon  the  canals  for  a  supply  of  water  or  in  any
  commercial float navigating the canals, or directly or indirectly in any
  contract  on  the canals as a contractor, surety or otherwise in his own
  name or in the name of any other person or either directly or indirectly
  derives any benefit from an expenditure upon the canal system beyond his
  established compensation. If any officer or employee shall, at any  time
  while  holding  such office or employment, be or become so interested or
  derive any such benefit, he shall forfeit his office or position and  be
  discharged  therefrom, and any contract in contravention hereof shall be
  void.
2023 New York Laws › CAL - Canal › Article 11 - Canal Employees › 111 - Ineligibility to Appointment on the Canals.

§  111.  Ineligibility to appointment on the canals.  No person owning
  any hydraulic works dependent upon the canals for their supply of water,
  or employed  in  or  connected  with  any  such  works,  or  engaged  in
  transporting  property upon the canals or owning or otherwise interested
  in boats navigating the canals, shall be employed upon the canals.
2023 New York Laws › CAL - Canal › Article 11 - Canal Employees › 112 - Exemption of Canal Officers From Arrest in Civil Actions.

§  112.  Exemption  of  canal  officers  from arrest in civil actions.
  Neither the corporation, nor any officer or responsible employee in  the
  corporation  in  charge  of canal structures or forces thereof, or other
  public officer employed upon or in charge of the canal  system  or  part
  thereof  shall  be  liable  to arrest or to be held to bail in any civil
  action for any act done or omitted to be done by it in the  exercise  of
  its  official  duties,  nor  be  subject to military duty while actually
  engaged in their respective employments upon the canal system while  the
  same is navigable.
2023 New York Laws › CAL - Canal › Article 11 - Canal Employees › 113 - Delivery of Property on Discharge of Employees.

§  113.  Delivery  of property on discharge of employees. Every person
  employed  upon  the  canal  system  and  occupying  any  house,  office,
  building,  or  land  belonging  thereto,  who  is  discharged  from  his
  employment or otherwise separated from the service, and the  spouse  and
  family  of  every  such  person,  shall  deliver to the corporation or a
  person designated by it, the possession of the premises so occupied  and
  of  all books, papers, matters or other articles and things belonging to
  the canal system acquired by virtue of  such  employment,  within  seven
  days after notice is served for that purpose by the corporation. In case
  of  a  refusal  or neglect to make such delivery, any court of competent
  jurisdiction in the county where such  premises  are  situate,  may,  on
  application,  issue  a  warrant  ordering any peace officer, when acting
  pursuant to his special duties, or police officer, with such  assistance
  as  may  be  necessary,  to  enter, in the daytime, upon the premises so
  occupied and remove therefrom all persons found in  possession  thereof,
  and  to  take  into  his  custody all books, papers, articles and things
  there found belonging to the canal system, and deliver the same  to  the
  corporation  or  to some person designated by it, and such officer shall
  execute such warrant accordingly.
2023 New York Laws › CAL - Canal › Article 11 - Canal Employees › 114 - Functions, Powers or Duties Imposed Upon Officers or Employees by Statutory Name.

§  114. Functions, powers or duties imposed upon officers or employees
  by statutory name. Whenever a function, power or duty  is  imposed  upon
  the corporation, and an officer or employee, or a group or class thereof
  is  designated  in this chapter by a statutory or specific title or name
  to exercise such function or power or perform such duty, the exercise or
  performance thereof shall be deemed to be imposed upon  the  officer  or
  employee  in  such  corporation  who  shall  be assigned thereto by such
  corporation, with the same force and effect, and  such  corporation  may
  make  such  assignment  as though no statutory or specific title or name
  had been used in this chapter to designate  the  particular  officer  or
  employee  or  group  or  class thereof charged with the exercise of such
  function or power, or the performance of such duty.
2023 New York Laws › CAL - Canal › Article 12 - Damages › 120 - Claims for Damage Generally.

§ 120. Claims for damage generally. There shall be allowed and paid to
  every  person  sustaining  damages  from the canals or from their use or
  management, or resulting or arising from the neglect or conduct  of  any
  officer  of  the  state  or  the  corporation  having charge thereof, or
  resulting or arising  from  any  accident,  or  other  matter  or  thing
  connected  with the canals, the amount of such damages to be ascertained
  and determined by the proper action or proceedings before the  court  of
  claims,  but no judgment shall be awarded by such court for such damages
  in any case unless the facts provided therein  make  out  a  case  which
  would  create  a  legal  liability against the state or the corporation,
  were the same established in evidence in a court of justice  against  an
  individual  or  corporation;  but the corporation may make settlement of
  any such claim in any case where the amount thereof does not exceed  the
  sum of five hundred dollars but no settlement shall be effective against
  the  state including the corporation until the same has been approved by
  the attorney-general; provided that the provisions of this section shall
  not extend to claims arising from damages resulting from the  navigation
  of  canals,  and further provided that the provisions herein relating to
  damages  resulting  from  navigation  of  the   canals   shall   control
  notwithstanding  any  contrary  or  inconsistent provisions of any other
  law, general or special. The  corporation  shall  not  pay  any  damages
  awarded,   or   the  amount  of  any  commutations  agreed  on  for  the
  appropriation of land or water, or for the erection of  a  farm  bridge,
  until  a  satisfactory abstract of title and certificate of search as to
  encumbrances is furnished, showing the person demanding such damages  or
  commutations  to  be legally entitled thereto, which abstract and search
  shall be filed in the office of the corporation.
2023 New York Laws › CAL - Canal › Article 12 - Damages › 121 - Adjustment of Claims of Owners of Private Dams.

§  121.  Adjustment  of claims of owners of private dams. Whenever the
  state including the corporation in the course of the construction of the
  improved canals in the rivers or waterways of the state, for the purpose
  of obtaining a sufficient depth or supply of water for  canal  purposes,
  has   utilized   private   dams   theretofore  lawfully  constructed  or
  maintained, in such a manner as to constitute the same an essential part
  or portion of the  improved  canals,  the  corporation  may  compromise,
  settle  and adjust the claims and demands of the owners of any such dams
  on such terms and conditions, including the payment to the owners of any
  such dams of such sums of money as to it may seem just and proper,  and,
  by  contract  or  otherwise,  make  proper provision with respect to the
  ownership of and for the  maintenance  and  upkeep  of  any  such  dams,
  provided,  however,  that  it  shall not sell, transfer or convey to any
  such owner any right, title or interest in or to the use of any part  or
  portion of the water impounded by such dams.
2023 New York Laws › CAL - Canal › Article 13 - Miscellaneous › 130 - Operation of Hydro-Electric Plants at Crescent and Vischer Ferry.

§  130.  Operation  of  hydro-electric  plants at Crescent and Vischer
  Ferry. The corporation shall have charge of  the  hydro-electric  plants
  constructed  pursuant  to chapter five hundred thirty-two of the laws of
  nineteen hundred twenty-two for  the  development  and  generation  into
  electric  energy of water power available at the structures known as the
  Crescent and Vischer Ferry dams located on the  canalized  Mohawk  river
  between  the city of Schenectady and the village of Waterford, and shall
  exercise the same powers over such  structures  as  it  has  over  other
  structures  on the canal system. The said structures shall be maintained
  and operated as a part of the canal system.
Notwithstanding any general  or  special  law  to  the  contrary,  the
  corporation,  upon  the  approval  of  the  state  comptroller,  and the
  division of the  budget,  is  authorized  to  enter  into  a  negotiated
  contract  for  the  sale of surplus electricity produced at the Crescent
  and Vischer Ferry dams, upon such terms and conditions as are beneficial
  to the state including the corporation. Any revenue  realized  from  the
  sale of such surplus electricity shall be deposited into the canal fund.
2023 New York Laws › CAL - Canal › Article 13 - Miscellaneous › 131 - Emergency Repairs.

§  131. Emergency repairs. When, in the opinion of the corporation, an
  emergency exists endangering the canal system the corporation may  seize
  any  lands,  equipment,  materials  or  supplies necessary to avert such
  damage or to restore the banks or other property which may be threatened
  or have been damaged. It may subsequently return or otherwise dispose of
  such lands, equipment, materials or supplies so seized which may  be  no
  longer  required  in  such manner and upon such terms as in its judgment
  will be for the best interest of the state including the corporation. It
  may enter into an agreement with the owner or  owners  of  any  property
  seized for such emergency repairs under this section covering the amount
  of   damages   sustained.   Such   agreement,   when   approved  by  the
  attorney-general, shall become an obligation of the corporation and paid
  from moneys available therefor. In case no agreement is consummated, the
  amount of damages sustained may be determined as provided in section one
  hundred twenty of this chapter.
2023 New York Laws › CAL - Canal › Article 13 - Miscellaneous › 132 - Investigate Matters Relating to the Canal System; Immunity of Witnesses.

§  132.  Investigate matters relating to the canal system; immunity of
  witnesses. 1. The corporation may, whenever the corporation  shall  deem
  it  necessary,  to  effectively accomplish the purposes of this chapter,
  investigate any or  all  matters  and  transactions  connected  with  or
  relating to the canal system. The corporation shall hear and take proofs
  in  regard  to any matter pending before it or which it is authorized to
  examine or investigate. It shall have  power  to  investigate  into  the
  official  conduct  of any subordinate officer or employee and shall have
  the power to issue subpoenas for and require the attendance of witnesses
  and the production of all books and papers relating to any matter  under
  inquiry.  All  such subpoenas shall be issued under the hand and seal of
  the corporation. A subpoena issued under this section shall be regulated
  by the civil practice law and rules. The testimony of witnesses  in  any
  such  proceedings  shall be under oath and the state officer instituting
  the proceedings shall have power to administer oaths. A witness may have
  counsel and his examination by such counsel shall be reduced in  writing
  as part of his deposition.
2. In any investigation under this article, the corporation may confer
  immunity  in  accordance  with  the  provisions  of section 50.20 of the
  criminal procedure law.
3. All evidence taken under this  section  shall  be  filed  with  the
  attorney-general.  The  expenses incurred in such investigation shall be
  paid from the canal fund.
2023 New York Laws › CAL - Canal › Article 13 - Miscellaneous › 133 - Impose Penalties and Power to Remit.

§  133.  Impose  penalties and power to remit. The corporation may, in
  its discretion, remit either absolutely, or on  such  conditions  as  it
  shall prescribe, any forfeiture incurred by a violation of any provision
  of  this chapter, or any of the rules and regulations established by it,
  on the written petition of the person liable for  the  forfeiture,  with
  due  proof  of  the  facts on which the application for the remission is
  founded, which petition and proof and the order thereon shall  be  filed
  and preserved in the office of the department of audit and control.
2023 New York Laws › CAL - Canal › Article 13 - Miscellaneous › 134 - Actions for Penalties.

§   134.   Actions  for  penalties.  All  actions  for  penalties  and
  forfeitures imposed in this chapter, or for damages, on  behalf  of  the
  state  including the corporation, shall be prosecuted in the name of the
  corporation, by the corporation, unless otherwise specifically provided.
  All money recovered in such actions shall be accounted for and paid into
  the canal fund. The imposition  or  recovery  of  any  such  penalty  or
  forfeiture  shall  not  be a bar to recovery of any damages resulting to
  the corporation or any person, because of such violation.
2023 New York Laws › CAL - Canal › Article 13-B - Upstate Flood Mitigation Task Force › 139 - Upstate Flood Mitigation Task Force.

* §  139.  Upstate  flood  mitigation  task  force.  The upstate flood
  mitigation task force, referred to in this article as the "task  force",
  is  hereby established to identify reasonable measures that can be taken
  to  enhance  flood  management  and  mitigation  in  the  upstate  flood
  mitigation   region  and  to  make  recommendations  and  provide  grant
  assistance with respect to such measures.
* NB Repealed July 1, 2024
2023 New York Laws › CAL - Canal › Article 13-B - Upstate Flood Mitigation Task Force › 139-A - Definitions.

* § 139-a. Definitions. When used in this article:
1. "Adaptive measures" means any adjustment, whether passive, reactive
  or anticipatory, that may be taken to ameliorate the anticipated adverse
  consequences associated with flood events.
2.  "Flood  control  study  sector"  means  a particular aspect of the
  natural or built environment, economy, or society that could potentially
  be adversely impacted by flood events. Such term includes,  but  is  not
  limited  to,  stream  and  river  banks,  locks  and  dams, wetlands and
  waterfront areas, water resources, transportation infrastructure,  water
  supply and wastewater infrastructure, human health, recreation, tourism,
  power generation and business, residential, farm and municipal sectors.
3.  "Flood  event"  means  an overflow or inundation that comes from a
  river or other body of  water,  whether  caused  by  rainfall,  waterway
  operation,  dam  break,  water  runoff  or  other  means,  and causes or
  threatens damage.
4.  "Canal  system"  shall  mean  the  canal  waterways,   lands   and
  infrastructure as set out in section two of this chapter.
5.  "Upstate  flood  mitigation  region"  or  "region" shall include a
  county through which the Erie Canal passes in whole or in part.
* NB Repealed July 1, 2024
2023 New York Laws › CAL - Canal › Article 13-B - Upstate Flood Mitigation Task Force › 139-B - Task Force Composition.

* §  139-b. Task force composition. 1. The task force shall consist of
  nine members, including the  director  of  the  canal  corporation,  the
  commissioner of transportation, the director of the division of homeland
  security  and  emergency  services and the commissioner of environmental
  conservation; and five additional members who shall be from outside  the
  public  offices  listed  in this section and who shall have professional
  experience in one of the following fields: hydrology, civil engineering,
  climatology, emergency management and soil and water conservation. Three
  of the additional members shall be appointed by  the  governor  and  one
  each  of  the  remaining  additional  members  shall be appointed by the
  temporary president of the senate and the speaker of the assembly.
2. The task force chairperson shall  be  the  director  of  the  canal
  corporation.
3.  The  members  of  the task force shall receive no compensation for
  their services, but shall be allowed their actual and necessary expenses
  incurred in the performance of their duties.
* NB Repealed July 1, 2024
2023 New York Laws › CAL - Canal › Article 13-B - Upstate Flood Mitigation Task Force › 139-D - Upstate Flood Mitigation Grant Program.

* §  139-d.  Upstate flood mitigation grant program. 1. The task force
  shall  establish  an  upstate  flood  mitigation  grant  program  to  be
  administered by the canal corporation based on the task force's in-depth
  examination  of  flood  control  study  sectors  and  issues  related to
  floodplain  management,  debris  management,  flood  control  and  flood
  mitigation  in  the  upstate flood mitigation region. Such grant program
  shall be subject to appropriations.
2. The task force shall establish the upstate flood  mitigation  grant
  program  structure  that shall be administered by the canal corporation.
  Such program structure  shall  include,  but  not  be  limited  to,  the
  definition  of eligible recipients, the definition of eligible projects,
  project application process,  program  maximum  project  award  amounts,
  project cost sharing parameters and program funding cycles.
* NB Repealed July 1, 2024
2023 New York Laws › CAL - Canal › Article 14 - Saving Clause; Laws Repealed › 140 - Saving Clause.

§ 140. Saving clause.  1. The provisions of this chapter or the repeal
  of any statute thereby, shall not affect or impair any act done or right
  accrued or acquired, or any liability, penalty, forfeiture or punishment
  incurred  or  defense accrued, or established prior to its enactment. If
  any clause, sentence, paragraph or part of this chapter shall,  for  any
  reason,  be  adjudged  by  any  court  of  competent  jurisdiction to be
  invalid, such judgment  shall  not  affect,  impair  or  invalidate  the
  remainder thereof, but shall be confined in its operation to the clause,
  sentence,   paragraph   or   part  thereof,  directly  involved  in  the
  controversy in which such judgment shall have been rendered.
2. Any work or proceeding initiated under any existing law  pertaining
  to  canal  matters  shall  be  conducted  legally to its termination and
  conclusion in the manner, subject to the provisions of and in accordance
  with the procedure prescribed by such law. It is the  intent  that  upon
  the  enactment  of  this  chapter  into  law  all  work  or  proceedings
  undertaken thereafter relating to canal matters  shall  be  administered
  under the authority and provisions contained in this chapter.
2023 New York Laws › CAL - Canal › Article 14 - Saving Clause; Laws Repealed › 141 - Laws Repealed.

§  141.  Laws  repealed.    Chapter  thirteen  of the laws of nineteen
  hundred and nine, entitled "An  act  relating  to  canals,  constituting
  chapter five of the consolidated laws, " and all acts amendatory thereof
  and  supplemental  thereto,  and chapter sixty, laws of nineteen hundred
  and thirty-eight, relating to revocable  permits,  chapter  six  hundred
  fifty-five,  laws  of  nineteen  hundred  and  thirty-four  relating  to
  terminal facilities and storage,  chapter  three  hundred  thirty-eight,
  laws  of  nineteen  hundred  thirty-four,  relating  to  disposition  of
  terminals, are hereby repealed, but the repeal of such  acts  shall  not
  revive  any  act  or  acts  repealed  by  them;  and no act or privilege
  heretofore  granted  or  acquired  and   no   limitation,   restriction,
  reservation  or obligation heretofore imposed by or under the provisions
  of this  or  any  of  the  acts  hereby  repealed,  shall  be  impaired,
  invalidated or otherwise affected by such repeal.
2023 New York Laws › CAN - Cannabis › Article 1 - Short Title; Legislative Findings and Intent; Definitions › 2 - Legislative Findings and Intent.

§  2.  Legislative  findings  and  intent.  The legislature finds that
  existing marihuana laws have not been beneficial to the welfare  of  the
  general  public.  Existing  laws  have  been  ineffective in reducing or
  curbing  marihuana  use  and  have  instead  resulted   in   devastating
  collateral  consequences  including mass incarceration and other complex
  generational trauma, that inhibit  an  otherwise  law-abiding  citizen's
  ability  to  access  housing,  employment opportunities, and other vital
  services. Existing laws  have  also  created  an  illicit  market  which
  represents  a  threat  to  public  health and reduces the ability of the
  legislature to deter the accessing  of  marihuana  by  minors.  Existing
  marihuana  laws  have  disproportionately  impacted African-American and
  Latinx communities.
The intent of this act is to regulate,  control,  and  tax  marihuana,
  heretofore  known  as  cannabis,  generate significant new revenue, make
  substantial investments in  communities  and  people  most  impacted  by
  cannabis  criminalization to address the collateral consequences of such
  criminalization, prevent access to cannabis by those under  the  age  of
  twenty-one  years,  reduce  the  illegal  drug market and reduce violent
  crime, reduce participation of otherwise  law-abiding  citizens  in  the
  illicit  market,  end the racially disparate impact of existing cannabis
  laws, create  new  industries,  protect  the  environment,  improve  the
  state's  resiliency to climate change, protect the public health, safety
  and welfare  of  the  people  of  the  state,  increase  employment  and
  strengthen New York's agriculture sector.
Nothing  in  this  act  is  intended  to  limit  the  authority of any
  district, government agency or office or employers to enact and  enforce
  policies pertaining to cannabis in the workplace; to allow driving under
  the  influence  of  cannabis;  to allow individuals to engage in conduct
  that endangers others; to allow smoking cannabis in any  location  where
  smoking tobacco is prohibited; or to require any individual to engage in
  any  conduct  that  violates  federal  law  or to exempt anyone from any
  requirement  of  federal  law  or  pose  any  obstacle  to  the  federal
  enforcement of federal law.
The  legislature  further  finds  and  declares that it is in the best
  interest of the state to regulate medical cannabis, adult-use  cannabis,
  cannabinoid  hemp and hemp extracts under independent entities, known as
  the cannabis control board and the office of cannabis management.
2023 New York Laws › CAN - Cannabis › Article 2 - New York State Cannabis Control Board › 8 - Establishment of an Office of Cannabis Management.

§  8.  Establishment  of  an  office  of cannabis management. There is
  hereby established, within the division of alcoholic  beverage  control,
  an independent office of cannabis management, which shall have exclusive
  jurisdiction to exercise the powers and duties provided by this chapter,
  except as expressly authorized in sections sixteen-a of this article and
  one  hundred  thirty-one  of this chapter. The office shall exercise its
  authority by and through an executive director.
2023 New York Laws › CAN - Cannabis › Article 2 - New York State Cannabis Control Board › 9 - Executive Director.

§  9.  Executive  director.  The  office shall exercise its authority,
  other than powers and duties specifically granted to the board,  by  and
  through  an  executive  director  nominated by the governor and with the
  advice and consent of the senate. The executive director shall serve for
  a term of three years and once confirmed, may only be removed  for  good
  cause  with  appropriate  notice.  The  executive  director of the state
  office of cannabis management shall receive  an  annual  salary  not  to
  exceed an amount appropriated therefor by the legislature and his or her
  expenses  actually and necessarily incurred in the performance of his or
  her official duties, unless otherwise provided by the legislature.
2023 New York Laws › CAN - Cannabis › Article 2 - New York State Cannabis Control Board › 12 - Chief Equity Officer.

§  12.  Chief  equity officer. The board, by an affirmative vote of at
  least four members, shall appoint a  chief  equity  officer.  The  chief
  equity  officer  shall  receive an annual salary not to exceed an amount
  appropriated therefor by the legislature and their expenses actually and
  necessarily incurred in  the  performance  of  official  duties,  unless
  otherwise provided by the legislature.
1.  The  chief  equity  officer  shall assist with the development and
  implementation of, and ensure the cannabis control board and the  office
  of  cannabis  management's  continued  compliance  with,  the social and
  economic equity plan, required to be developed pursuant to article  four
  of this chapter.
2.   The   chief  equity  officer  shall  establish  public  education
  programming dedicated to providing communities that have  been  impacted
  by cannabis prohibition with information detailing the licensing process
  and  informing  individuals of the support and resources that the office
  can provide to individuals and entities interested in  participating  in
  activity licensed under this chapter.
3.  The  chief  equity officer shall provide a report to the board, no
  later than  January  first,  two  thousand  twenty-three,  and  annually
  thereafter,  of  their activities in ensuring compliance with the social
  and economic equity plan, required to be developed pursuant  to  article
  four  of  this  chapter,  and the board shall provide such report to the
  legislature.
2023 New York Laws › CAN - Cannabis › Article 2 - New York State Cannabis Control Board › 15 - Disposition of Moneys Received for License Fees.

§ 15. Disposition of moneys received for license fees. The board shall
  establish  a  scale  of  application, licensing, and renewal fees, based
  upon the cost of enforcing this chapter and the  size  of  the  cannabis
  business being licensed, as follows:
1.  The  board shall charge each registered organization, licensee and
  permittee a registration, licensure or permit fee, and renewal  fee,  as
  applicable. The fees may vary depending upon the nature and scope of the
  different registration, licensure and permit activities.
2. The total fees assessed pursuant to this chapter shall be set at an
  amount  that  will  generate  sufficient total revenue to, at a minimum,
  fully cover the total costs of administering this chapter.
3. All registration and licensure fees shall be set on a scaled  basis
  by the board, dependent on the size and capacity of the business and for
  social  and  economic  equity  applicants  such  fees may be assessed to
  accomplish the goals of this chapter.
4. The board shall deposit all fees collected in the  New  York  state
  cannabis  revenue fund established pursuant to section ninety-nine-ii of
  the state finance law.
2023 New York Laws › CAN - Cannabis › Article 2 - New York State Cannabis Control Board › 18 - Ethics, Transparency and Accountability.

§  18. Ethics, transparency and accountability. No member of the board
  or office or any officer, deputy, assistant, inspector or  employee,  or
  spouse  or  minor child of such member, officer, assistant, inspector or
  employee thereof shall have any interest,  direct  or  indirect,  either
  proprietary  or  by means of any loan, mortgage or lien, or in any other
  manner, in or on any premises where adult-use cannabis, medical cannabis
  or  cannabinoid  hemp  and  hemp  extract  is   cultivated,   processed,
  distributed  or  sold;  nor shall he or she have any interest, direct or
  indirect,  in  any  business  wholly  or  partially   devoted   to   the
  cultivation,  processing,  distribution, sale, transportation or storage
  of adult-use cannabis, medical cannabis or  cannabinoid  hemp  and  hemp
  extract,  or  own  any  stock in any corporation which has any interest,
  proprietary or otherwise, direct or  indirect,  in  any  premises  where
  adult  use  cannabis,  medical  cannabis  or  cannabinoid  hemp and hemp
  extract is  cultivated,  processed,  distributed  or  sold,  or  in  any
  business  wholly  or  partially  devoted to the cultivation, processing,
  distribution, sale, transportation or  storage  of  adult-use  cannabis,
  medical  cannabis  or  cannabinoid hemp and hemp extract, or receive any
  commission or profit whatsoever, direct or  indirect,  from  any  person
  applying  for  or  receiving  any license or permit provided for in this
  chapter, or hold any other elected public office in the state or in  any
  political  subdivision. After notice and opportunity to be heard, anyone
  found to have knowingly violated any of the provisions of  this  section
  shall,  after  notice,  be  removed  and shall divest themselves of such
  direct or indirect interests, in addition to any other penalty  provided
  by law.
2023 New York Laws › CAN - Cannabis › Article 2 - New York State Cannabis Control Board › 19 - Public Health and Education Campaign.

§   19.   Public   health  and  education  campaign.  The  office,  in
  consultation with the commissioners of the department of health,  office
  of  addiction  services and supports, and office of mental health, shall
  develop  and  implement  a  comprehensive  public   health   monitoring,
  surveillance  and  education  campaign  regarding  the  legalization  of
  adult-use cannabis and the impact of cannabis use on public  health  and
  safety.  The  public  health  and  education campaign shall also include
  general education to the public about the cannabis  law,  including  the
  potential risks associated with patronizing unlicensed retail locations,
  or  otherwise  procuring  cannabis  product,  cannabinoid  hemp  or hemp
  extract product through persons not authorized by the office.
2023 New York Laws › CAN - Cannabis › Article 2 - New York State Cannabis Control Board › 20 - Establish Uniform Policies and Best Practices.

§  20. Establish uniform policies and best practices. The office shall
  engage in activities with other states, territories, or jurisdictions in
  order to coordinate and establish uniform policies and best practices in
  cannabis regulation. These activities shall prioritize coordination with
  neighboring and regional states, and may include, but not be limited to,
  establishing working  groups  related  to  laboratory  testing,  product
  safety,  taxation,  road  safety,  compliance and adherence with federal
  policies which promote or facilitate cannabis research, commerce  and/or
  regulation, and any other issues identified by the executive director.
2023 New York Laws › CAN - Cannabis › Article 3 - Medical Cannabis › 31 - Lawful Medical Use.

§  31. Lawful medical use. The possession, acquisition, use, delivery,
  transfer, transportation, or administration of  medical  cannabis  by  a
  certified patient, designated caregiver or the employees of a designated
  caregiver  facility,  for  certified  medical use, shall be lawful under
  this article provided that:
1. the cannabis that may be possessed by a certified patient shall not
  exceed a sixty-day supply of the dosage determined by the  practitioner,
  consistent  with  any  guidance  and  regulations  issued  by the board,
  provided that during the last seven days of any  sixty-day  period,  the
  certified  patient  may  also  possess  up  to  such amount for the next
  sixty-day period;
2. the cannabis that may be possessed by  designated  caregivers  does
  not exceed the quantities referred to in subdivision one of this section
  for  each  certified  patient  for  whom the caregiver possesses a valid
  registry identification card, up to four certified patients;
3.  the  cannabis  that  may  be  possessed  by  designated  caregiver
  facilities does not exceed the quantities referred to in subdivision one
  of  this  section for each certified patient under the care or treatment
  of the facility;
4. the form or forms of medical cannabis that may be possessed by  the
  certified patient, designated caregiver or designated caregiver facility
  pursuant   to   a   certification   shall  be  in  compliance  with  any
  recommendation or limitation by the practitioner as to the form or forms
  of  medical  cannabis  or  dosage  for  the  certified  patient  in  the
  certification;
5. the medical cannabis shall be kept in the original package in which
  it  was dispensed under this article, except for the portion removed for
  immediate  consumption  for  certified  medical  use  by  the  certified
  patient; and
6.  in  the  case  of  a  designated  caregiver facility, the employee
  assisting the patient has been designated  as  such  by  the  designated
  caregiver facility.
2023 New York Laws › CAN - Cannabis › Article 3 - Medical Cannabis › 33 - Registration as a Designated Caregiver Facility.

§  33.  Registration as a designated caregiver facility. 1. To obtain,
amend or renew a registration as a designated  caregiver  facility,  the
facility shall file a registry application with the office. The registry
application or renewal application shall include:
(a) the facility's full name and address;
(b) operating certificate or license number where appropriate;
(c)   name,   title,   and   signature   of   an  authorized  facility
representative;
(d) a statement that the facility agrees to secure and  ensure  proper
handling of all medical cannabis products;
(e)  an  acknowledgement  that a false statement in the application is
punishable under section 210.45 of the penal law; and
(f) any other information that may be required by the board.
2. Prior to  issuing  or  renewing  a  designated  caregiver  facility
registration,  the  office  may  verify the information submitted by the
applicant. The applicant shall provide, at the  office's  request,  such
information  and documentation, including any consents or authorizations
that may be necessary for the office to verify the information.
3.  The  office  shall  approve,  deny  or  determine  incomplete   or
inaccurate  an  initial  or  renewal  application  within thirty days of
receipt of the application. If the application is  approved  within  the
thirty-day  period,  the office shall issue a registration as soon as is
reasonably practicable.
4. An applicant shall have thirty days from the date of a notification
of an incomplete or  factually  inaccurate  application  to  submit  the
materials  required  to  complete, revise or substantiate information in
the application. If the applicant fails to submit the required materials
within such thirty-day time period, the application shall be  denied  by
the office.
5.  Registrations issued under this section shall remain valid for two
years from the date of issuance.
2023 New York Laws › CAN - Cannabis › Article 3 - Medical Cannabis › 36 - Reports of Registered Organizations.

§  36.  Reports  of  registered  organizations. 1. The board shall, by
  regulation, require each registered organization to file reports by  the
  registered  organization  during  a  particular  period. The board shall
  determine the information to be reported and the forms, time, and manner
  of the reporting.
2.  The  board  shall,  by   regulation,   require   each   registered
  organization  to  adopt and maintain security, tracking, record keeping,
  record retention and  surveillance  systems,  relating  to  all  medical
  cannabis  at  every  stage  of acquiring, possession, manufacture, sale,
  delivery, transporting, distributing, or dispensing  by  the  registered
  organization, subject to regulations of the board.
2023 New York Laws › CAN - Cannabis › Article 3 - Medical Cannabis › 37 - Evaluation; Research Programs; Report by Board.

§ 37. Evaluation; research programs; report by board. 1. The board may
  provide  for  the  analysis  and  evaluation  of  the  operation of this
  article. The board may enter into agreements with one or  more  persons,
  not-for-profit  corporations or other organizations, for the performance
  of an  evaluation  of  the  implementation  and  effectiveness  of  this
  article.
2. The board may develop, seek any necessary federal approval for, and
  carry  out  research  programs  relating  to  medical  use  of cannabis.
  Participation in any such research program shall  be  voluntary  on  the
  part of practitioners, patients, and designated caregivers.
3.  The  board shall report every two years, beginning two years after
  the effective date of this article, to the governor and the  legislature
  on  the  medical use of cannabis under this article and make appropriate
  recommendations.
2023 New York Laws › CAN - Cannabis › Article 3 - Medical Cannabis › 39 - Registered Organizations and Adult-Use Cannabis.

§ 39. Registered organizations and adult-use cannabis. The board shall
  have  the authority to grant some or all of the registered organizations
  registered with the department of health and currently registered and in
  good standing with the office, the ability to obtain adult-use  cannabis
  licenses  pursuant  to article four of this chapter subject to any fees,
  rules or conditions prescribed by the board in regulation.
2023 New York Laws › CAN - Cannabis › Article 3 - Medical Cannabis › 40 - Relation to Other Laws.

§  40. Relation to other laws. 1. The provisions of this article shall
  apply, except that where a provision  of  this  article  conflicts  with
  another provision of this chapter, this article shall apply.
2. Medical cannabis shall not be deemed to be a "drug" for purposes of
  article one hundred thirty-seven of the education law.
2023 New York Laws › CAN - Cannabis › Article 3 - Medical Cannabis › 41 - Home Cultivation of Medical Cannabis.

§  41.  Home  cultivation  of  medical  cannabis.  Certified  patients
  twenty-one years of age or older may  cultivate  cannabis  for  personal
  use.  Designated caregivers twenty-one years of age or older, caring for
  certified patients either younger than twenty-one years of age or  whose
  physical   or   cognitive  impairments  prevent  them  from  cultivating
  cannabis, may cultivate cannabis for use by such patients, provided that
  no other  caregiver  is  growing  for  said  patient  or  patients.  All
  cultivation  under  this  section  shall  be  in accordance with section
  222.15 of the penal law and any regulations made by the board,  provided
  that  the  maximum  number  of cannabis plants a designated caregiver is
  authorized to grow is proportionately increased for  each  patient  they
  are growing for.