NY State Senate Bill 2021-S8138

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 26, 2022	referred to energy and telecommunications

2021-S8138 (ACTIVE) - Details

See Assembly Version of this Bill:: A9187
Current Committee:: Senate Energy And Telecommunications
Law Section:: Canal Law
Laws Affected:: Amd §§138-a & 138-b, Can L

2021-S8138 (ACTIVE) - Summary

Relates to the membership and work of the canal recreationway commission; provides for additional members of the commission; provides for additional powers and duties of the commission.

2021-S8138 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8138

SPONSOR: RYAN
 
TITLE OF BILL:

An act to amend the canal law, in relation to the membership and work of
the canal recreationway commission

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill is part of a package of bills that eliminates the New York
Power Authority's (Authority) jurisdiction over the Canal Corporation
and eliminates the existing Canal Corporation; assigns all rights,
responsibilities and obligations set forth in Canal Law currently held
by the Authority and transfers represented civil-service employees to
the Canal Recreationway Commission as a stand-alone entity responsible
for the maintenance and operation of the 524-mile canal system.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds the Commissioner of the Division of Homeland Security and
Emergency Services and the Chairman of the Erie Canaiway National Herit-

age Corridor Commission to the membership of the Canal Recreationway
Commission; changes the membership requirements for the ten individuals
involved in canal use; specifies that the chairperson of the commission
shall be appointed by the governor and serve a three-year term; changes
what constitutes a quorum of Commission members; and changes how
frequently the commission is obligated to meet.

Section 2 requires that the Commission exercise all powers and duties
outlined in section 10 of the canal law; sets a new date for revision of
the canal recreationway plan; requires the Commission to develop and
submit an application for UNESCO World Heritage Site designation.

Section 3 is the effective date.

 
JUSTIFICATION:

In 1992, facing significant statewide budgetary challenges, then-Gover-
nor Mario Cuomo proposed removing the canal system from the state's
balance sheet under the Department of Transportation, and moving respon-
sibility for canals to the Thruway Authority, which at that time was
operating at a surplus. The legislation which was enacted established
the New York State Canal Corporation and assigned it the rights and
obligations resulting from or arising out of the planning, development,
construction, reconstruction, operation or maintenance of the New York
state canal system. This same legislation also established the Canal
Recreationway Commission to, among other things, develop, maintain and
periodically revise a statewide canal recreationway plan; evaluate and
make recommendations for new operational, maintenance and capital initi-
atives or projects to enhance the canal; identify opportunities for
achieving the economic development potential of the recreationway and to
make recommendations for specific implementation of these opportunities,
including recommendations for marketing and promotion designed to
attract tourists; meet quarterly in support of the above goals, and
report annually on its activities to the Governor and Legislature.

In 2017, with the Thruway Authority facing significant financial pres-
sure related to the construction of the new Mario Cuomo (Tappan Zee)
Bridge and other initiatives, the oversight of the Canal Corporation was
transferred intact from the Thruway Authority to the New York Power
Authority (NYPA). Not unlike the positive results of the seemingly
forced marriage between the canals and the Thruway Authority in 1992,
the transfer to NYPA has not been without its positives. Certain policy
changes have served to reinforce an operational disconnect between an
organization that is recognized as a global leader in energy generation
and delivery, and the professionals who have operated the state's canal
network for decades. A shorter operating season, restricting access to
dry docks, and failing to convene the very advisory body designed to
provide guidance on new initiatives and policy guidance have combined to
illustrate that this marriage of fiscal necessity may not ultimately
produce positive results for the communities and businesses all along
the 524-mile canal system, as the 1992 transfer to the Thruway Authority
ultimately did.

Utilizing the Canal Recreationway Commission, a body that has existed
since 1992, and which has been immersed in canal policy initiatives and
innovation for the better part of 30 years, makes much more sense than
creating yet another state entity to manage canals. And with 6 of the 10
citizen members of the Commission appointed at the recommendation of the
Senate and the Assembly, residents, businesses, elected officials, tour-
ism professionals, and waterway enthusiasts throughout upstate New York
will once again have a voice and be able to reach out to state represen-
tatives on canal-related issues that matter to them.

The westward expansion that the Erie Canal allowed - decades before rail
became the predominant transportation mode - literally drew the map of
the early United States. But today's Erie Canal - and the entire
524-mile canal system - is much more than a historical footnote. Two
centuries later, the canal is still the economic engine for countless
upstate New York communities. It's future must be governed by a body
appointed by the Legislature, responsive to those communities, and
committed to a fully operational, vibrant, and sustainable canal system
for the next 100 years.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None until 2027, effects thereafter to be determined.

 
EFFECTIVE DATE:
This act shall take effect on ninetieth day after it shall have become a
law.

2021-S8138 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8138
 
                             I N  S E N A T E
 
                             January 26, 2022
                                ___________
 
 Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN ACT to amend the canal law, in relation to the membership and work of
   the canal recreationway commission
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraphs a and b of subdivision 1 and subdivisions  2,  6
 and 7 of section 138-a of the canal law, paragraph a of subdivision 1 as
 amended by chapter 243 of the laws of 1993, paragraph b of subdivision 1
 as  amended  by chapter 149 of the laws of 1994, subdivisions 2 and 6 as
 added by chapter 766 of the laws of 1992, and subdivision 7  as  amended
 by chapter 671 of the laws of 2021, are amended to read as follows:
   a.  [the  chairman  of the authority,] the commissioner of transporta-
 tion, the commissioner of the office of parks, recreation  and  historic
 preservation,  THE  CHAIRMAN  OF  THE AUTHORITY, THE COMMISSIONER OF THE
 DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES,  THE  CHAIRMAN  OF
 THE  ERIE CANALWAY NATIONAL HERITAGE CORRIDOR COMMISSION and the commis-
 sioner of environmental conservation, or their representatives;
   b. ten individuals involved in canal use, development, preservation or
 enhancement and local governments from counties adjacent  to  or  inter-
 sected by the canal system appointed by the governor of whom three shall
 be  appointed  at  the  recommendation of the temporary president of the
 senate and three shall be appointed at the recommendation of the speaker
 of the assembly. In appointing such members, the governor  shall  ensure
 geographic  representation  from each of the canal sections encompassing
 the canal system, including at least one representative from counties in
 which the Erie, Champlain, Cayuga-Seneca, and Oswego canals are located.
 In addition, individuals appointed to the commission  shall  be  broadly
 representative  of the following areas of interest:  preservation of the
 environment, the operation of tour boats on the canal, the operation  of
 marinas  on  the  canal,  recreational trail users, hunting and fishing,
 tourism promotion agencies as defined in section one  hundred  sixty-two
 of  the  economic development law, historic preservation, the commercial
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14137-01-1
 S. 8138                             2
 
 farming industry and the commercial  shipping  industry,  provided  that
 with  respect to appointment of an individual representative of HISTORIC
 PRESERVATION OR the commercial farming industry or  commercial  shipping
 industry,  such an individual may reside outside of a county adjacent to
 or intersected by the canal system [if  such  person  holds];  PROVIDED,
 FURTHER,  SUCH  AN  INDIVIDUAL  REPRESENTATIVE OF THE COMMERCIAL FARMING
 INDUSTRY OR THE COMMERCIAL SHIPPING INDUSTRY LIVING OUTSIDE OF A  COUNTY
 ADJACENT TO OR INTERSECTED BY THE CANAL SYSTEM SHALL ALSO HOLD an owner-
 ship interest or senior managerial position in a commercial farming firm
 or  commercial  shipping  firm,  respectively,  which regularly uses the
 canal system in furtherance of its business; and
   2. The chairperson of the commission shall be  [the  chairman  of  the
 authority]  APPOINTED  BY  THE GOVERNOR AND SERVE A THREE-YEAR TERM. The
 members of the commission may elect  a  secretary  and  other  necessary
 officers to serve for such a period as the members shall decide.
   6.  A  majority of the [voting members of the commission] TEN INDIVID-
 UALS INVOLVED IN CANAL USE, DEVELOPMENT, PRESERVATION OR ENHANCEMENT AND
 LOCAL GOVERNMENTS FROM COUNTIES ADJACENT TO OR INTERSECTED BY THE  CANAL
 SYSTEM  APPOINTED BY THE GOVERNOR then in office, [at least five of whom
 are not appointed pursuant to paragraph a of  subdivision  one  of  this
 section,]  shall constitute a quorum for the transaction of any business
 or the exercise of any power or function  of  the  commission.  An  act,
 determination  or  decision  of  the majority of the members present and
 entitled to vote during the presence of a quorum shall be held to be the
 act, determination or decision of the commission.
   7. The commission shall meet MONTHLY, GENERALLY, BUT at  least  [quar-
 terly]  TEN  TIMES  EACH  YEAR.    Special meetings may be called by its
 chairperson and shall be called by the chairperson at the request  of  a
 majority of the members of the commission then in office.
   §  2. Section 138-b of the canal law, as amended by chapter 335 of the
 laws of 2001, is amended to read as follows:
   § 138-b. Functions, powers and duties. The commission shall:
   1. [Develop, maintain and periodically]  EXERCISE THE  GENERAL  POWERS
 AND DUTIES RELATING TO CANALS SET FORTH IN SECTION TEN OF THIS CHAPTER.
   2.  NO  LATER THAN MAY FIRST, TWO THOUSAND TWENTY-FIVE, revise [a] THE
 statewide canal recreationway  plan  (hereinafter  referred  to  as  the
 "plan")  for  the canal system. [Such plan shall be developed in accord-
 ance with the provisions of section one hundred thirty-eight-c  of  this
 article and shall be submitted to the authority for its consideration no
 later than the first day of June, nineteen hundred ninety-four.
   2.  Solicit  input  from  counties intersecting or bordering the canal
 system and incorporate it to the  greatest  degree  practicable  in  the
 development  of  the  plan.  In  order  to facilitate such incorporation
 commission members representing each of  the  regional  planning  boards
 shall  request  from and provide assistance to each county it represents
 in the preparation of a county canal plan. Multi-county canal plans  may
 be  requested  by  the regional planning board representative, as deemed
 appropriate, in lieu of individual county canal plans. In a region where
 a regional planning board does not exist, the commission  shall  solicit
 county  canal  plans  from each of the chief executive officers of those
 counties outside the jurisdiction of  a  regional  planning  board.  The
 commission  shall  prescribe uniform guidelines concerning the format of
 plans to be used by  the  regional  planning  board  representatives  to
 assist  counties  in the preparation of county canal plans. The regional
 planning board representative shall encourage the development of  county
 canal  plans  that  reflect  participation by diverse local interests by
 S. 8138                             3

 seeking advice, to the extent possible, from individuals  and  organiza-
 tions  from  such  counties  with an interest in recreation, hunting and
 fishing, the environment, canal  related  tourism  businesses,  historic
 preservation  and commercial development along the canal. In order to be
 considered in the formulation of the plan, county canal  plans  must  be
 submitted  to the commission not later than the first day of June, nine-
 teen hundred ninety-three.
   3. Ensure public comment on the plan, including at least three  public
 hearings  on  the plan prior to submission of the plan to the authority.
 The commission may also hold hearings on other matters it  deems  appro-
 priate.
   4. If deemed appropriate, request that studies, surveys or analyses be
 performed by the corporation, the departments of transportation, econom-
 ic  development  and  environmental  conservation  and/or  the office of
 parks, recreation and historic preservation to assist  in  the  develop-
 ment,  promotion,  marketing  and/or preservation of the canal system or
 the preparation of the plan. At the request  of  the  commission,  state
 agencies  and public authorities shall cooperate fully and shall provide
 requested information in a timely manner.
   5. Advise and assist the  corporation  in  carrying]  3.  DEVELOP  AND
 SUBMIT,  IN  COOPERATION  WITH  THE STATE AND THE ERIE CANALWAY NATIONAL
 HERITAGE CORRIDOR COMMISSION, NO LATER  THAN  MAY  FIRST,  TWO  THOUSAND
 TWENTY-FIVE,  AN  APPLICATION FOR UNITED NATIONS EDUCATIONAL, SCIENTIFIC
 AND CULTURAL ORGANIZATION (UNESCO) WORLD HERITAGE LIST DESIGNATION.
   4. CARRY out its duties and obligations related to the  canal  in  the
 following manner:
   a.  evaluate and make recommendations for new operational, maintenance
 and capital initiatives or projects to enhance the canal;
   b. establish criteria and procedures for the review by the  commission
 for  consistency  with  the  canal recreationway plan of abandonments of
 canal lands, canal terminals and canal terminal  lands,  and  leases  of
 canal  lands,  canal terminals, and canal terminal lands proposed by the
 corporation pursuant to article six-A of this chapter; provided,  howev-
 er,  that where local zoning laws and zoning ordinances are in effect on
 lands proposed to be leased or on lands adjacent to those lands proposed
 to be leased such review shall include, to the extent  practicable,  the
 consideration  of the compatibility of such leases with the requirements
 of such local zoning laws and zoning ordinances;  and  provided  further
 that  the  commission may determine that certain categories of leases do
 not require review;
   c. submit to the [corporation, the] director of  the  budget  and  the
 chairpersons  of  the senate finance committee and the assembly ways and
 means committee, on the first day of October, nineteen  hundred  ninety-
 two,  and  on  or  before the first day of [August] JANUARY in each year
 thereafter, a budget request  for  the  operations  of  the  commission,
 INCLUDING  ALL  RELEVANT  ANNUAL  COSTS  FOR THE OPERATION, MAINTENANCE,
 REPAIR, DEVELOPMENT, AND OVERSIGHT OF THE CANAL SYSTEM PURSUANT TO ARTI-
 CLE TWO OF THIS CHAPTER.   Such request  shall  include  provisions  for
 staff  services  and other administrative assistance as deemed necessary
 by the commission to perform its functions and meet its responsibilities
 during the next calendar year[.  The  corporation  shall  provide  staff
 services  to  the commission and such other administrative assistance as
 may be necessary for the commission to carry out its  functions,  powers
 and duties]; AND
   d.  submit  ANNUALLY  to [the corporation,] the director of the budget
 and the chairpersons of the senate finance committee  and  the  assembly
 S. 8138                             4
 
 ways and means committee, on the first day of [October, nineteen hundred
 ninety-two,  and on or before the first day of August in] DECEMBER [each
 year thereafter], a budget request for the expenditure of  funds  avail-
 able  from the canal fund, for the purposes established by section nine-
 ty-two-u of the state finance law. [Submissions made during the  initial
 years shall give funding priority for expenditures related to the devel-
 opment and/or promotion of the canal system;
   e.  undertake  a comprehensive study of alternative waterway and canal
 toll and fee structures, including but not  limited  to,  a  comparative
 analysis  of  other  existing  waterway and canal systems, the impact of
 various toll and  fee  structures  on  recreational  use,  tourism,  and
 commercial  activity;  and  the  revenue  implications for each of these
 alternatives. The commission shall make recommendations to the authority
 by the first day of April, nineteen hundred ninety-three, on appropriate
 tolls and fees to be charged for the use of the canal system  and  shall
 provide  an  update on the implementation of such recommendations by the
 first day of April, nineteen hundred ninety-five; and
   f. utilize information provided by the authority and other state agen-
 cies and departments, pursuant to section ten of this chapter, surveying
 canal lands within the Adirondack park and studying current  land  uses,
 to make recommendations to the authority, no later than the first day of
 June,  nineteen  hundred ninety-four, concerning the future use of canal
 lands within the Adirondack park,  including  but  not  limited  to  the
 utilization  of  existing  properties  under  revocable permits; and the
 identification of any property not needed for canal purposes that may be
 transferred to the department of environmental conservation.
   6.] 5. Establish committees as it deems appropriate on matters  relat-
 ing  to  the  commission's functions, powers and duties; such committees
 shall be chaired by a commission member  but  may  include  persons  not
 members  of the commission who provide expertise of interest specific to
 the charge of such committee.
   a. the commission shall  create  a  temporary  committee  which  shall
 include  the  commissioner of the department of economic development and
 the commissioner of the office of parks, recreation and historic preser-
 vation or their representatives and others with appropriate expertise to
 identify opportunities for achieving the economic development  potential
 of  the recreationway and to make recommendations for specific implemen-
 tation of these opportunities, including recommendations  for  marketing
 and promotion designed to attract tourists.
   b.  the  commission  shall  create  a  temporary  committee, which may
 include appropriately accredited professionals, to assess and report  to
 the authority on issues associated with managing the waters of the canal
 system,  including  issues  relating  to  recreational use, habitats and
 flood prone areas.
   [7.] 6. Report on or before March thirty-first of each year commencing
 nineteen hundred ninety-four  to  the  corporation,  the  governor,  the
 temporary president of the senate and the speaker of the assembly on the
 activities  of  the commission with respect to the functions, powers and
 duties established in this section.
   § 3. This act shall take effect on ninetieth day after it  shall  have
 become a law.

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Senate Bill S8138

Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

2021-S8138 (ACTIVE) - Details

2021-S8138 (ACTIVE) - Summary

2021-S8138 (ACTIVE) - Sponsor Memo

2021-S8138 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8138

Share this bill

Sponsored By

Sean M. Ryan

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

2021-S8138 (ACTIVE) - Details

2021-S8138 (ACTIVE) - Summary

2021-S8138 (ACTIVE) - Sponsor Memo

2021-S8138 (ACTIVE) - Bill Text download pdf

Comments