NY State Senate Bill 2021-S8139

Senate Bill S8139

2021-2022 Legislative Session

Provides for the transfer of powers and duties relating to canals and canal lands from the power authority of the state of New York to the canal recreationway commission; repealer

download bill text pdf

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-S8139 (ACTIVE) - Details

See Assembly Version of this Bill:: A9214
Current Committee:: Senate Energy And Telecommunications
Law Section:: Canal Law
Laws Affected:: Amd Art 1-A Art Head, §§2 & 5, add §138-d, Can L; rpld §§1005-b - 1005-d, Pub Auth L; amd §92-u, St Fin L

2021-S8139 (ACTIVE) - Summary

Provides for the transfer of powers and duties relating to canals and canal lands from the power authority of the state of New York to the canal recreationway commission.

2021-S8139 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8139

SPONSOR: RYAN
 
TITLE OF BILL:

An act to amend the canal law and the state finance law, in relation to
providing for the transfer of powers and duties relating to canals and
canal lands from the power authority of the state of New York to the
canal recreationway commission; and to repeal certain provisions of the
public authorities law relating thereto

 
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:

Sections 1 through 3 strike all references to NYPA and replace them with
references the Commission.

Section 4 modifies the state finance law to arrange for the transfer of
funds from NYPA to the Commission.

Section 5 enumerates additional powers of the Commission; assigns juris-
diction to the court of claims for any tort or contract claim arising
from the actions of the Commission or its members; dictates that offi-
cers and members of the Commission are to be uncompensated; maintains
the civil service status of any Commission employees

Section 6 dictates that beginning on the effective date of the chapter
of the laws of two thousand twenty-two that amended this subdivision,
"corporation" and "canal corporation" shall mean the commission.

 
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 immediately.

2021-S8139 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8139
 
                             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 and the state finance law, in relation to
   providing for the transfer of powers and duties relating to canals and
   canal lands from the power authority of the state of New York  to  the
   canal  recreationway  commission;  and to repeal certain provisions of
   the public authorities law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  article  heading of article 1-A of the canal law, as
 amended by section 15 of part TT of chapter 54 of the laws of  2016,  is
 amended to read as follows:
        TRANSFER TO [POWER AUTHORITY OF THE STATE OF NEW YORK] CANAL
                         RECREATIONWAY COMMISSION
   §  2.  Section 5 of the canal law, as amended by section 16 of part TT
 of chapter 54 of the laws of 2016, is amended to read as follows:
   § 5. Transfer of powers and duties relating to canals and canal  lands
 to  the  [power  authority of the state of New York] CANAL RECREATIONWAY
 COMMISSION. The powers and duties of the [thruway] authority relating to
 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, AND SUBSEQUENT-
 LY THE AUTHORITY, are hereby transferred to and merged with the [author-
 ity] COMMISSION, to be exercised by the [authority] COMMISSION  directly
 [or  through the canal corporation] on behalf 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 the powers and duties
 of the commissioner of transportation relating to  any  or  all  of  the
 bridges  and  highways as set forth in article seven of this chapter, to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14138-01-1
 S. 8139                             2
 
 be exercised by the [authority directly  or  through  the  canal  corpo-
 ration]  COMMISSION  on  behalf  of the people of the state of New York,
 and, as determined to be feasible  and  advisable  by  the  [authority's
 trustees]  MEMBERS  OF  THE COMMISSION, shall enter into an agreement or
 agreements [directly or through the canal corporation] for  the  financ-
 ing,  construction,  reconstruction  or  improvement of lift and movable
 bridges on the canal system. [Such powers shall be in addition to  other
 powers enumerated in title one of article five of the public authorities
 law.  All  of  the  provisions  of title one of article five of such law
 which are not inconsistent with this chapter shall apply to the  actions
 and  duties  of the authority pursuant to this chapter.] The [authority]
 COMMISSION shall be deemed to be the state in exercising the powers  and
 duties transferred pursuant to this section but for no other purposes.
   §  3. Sections 1005-b, 1005-c and 1005-d of the public authorities law
 are REPEALED.
   § 4. Subdivisions 2 and 5 of section 92-u of the state finance law, as
 amended by section 19 of part TT of chapter 54 of the laws of 2016,  are
 amended to read as follows:
   2.  Such  fund  shall  consist  of  A DEPOSIT INTO THE FUND ON JANUARY
 FIRST, TWO THOUSAND TWENTY-THREE BY THE NEW YORK POWER AUTHORITY  OF  AN
 AMOUNT  EQUAL  TO  ALL  ITS  EXPENSES  INCURRED IN TWO THOUSAND NINETEEN
 RELATED TO ITS OBLIGATIONS REGARDING  NEW  YORK  STATE'S  CANAL  SYSTEM,
 INCLUDING  ALL  OPERATIONAL, MAINTENANCE, CAPITAL, AND ECONOMIC DEVELOP-
 MENT MONIES EXPENDED OR OBLIGATED, AND ON EACH JANUARY FIRST  THEREAFTER
 UNTIL  JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, AT WHICH TIME AN AMOUNT
 EQUAL TO EIGHTY PERCENT OF ALL ITS EXPENSES  INCURRED  IN  TWO  THOUSAND
 NINETEEN  RELATED  TO  ITS  OBLIGATIONS REGARDING NEW YORK STATE'S CANAL
 SYSTEM SHALL BE DEPOSITED, AFTER WHICH SUCH DEPOSIT WILL DECREASE BY TEN
 PERCENT EACH JANUARY FIRST UNTIL THE AMOUNT  WHICH  SHALL  BE  DEPOSITED
 INTO  THE  FUND  BY  THE  POWER AUTHORITY ON JANUARY FIRST, TWO THOUSAND
 THIRTY-SIX SHALL BE ZERO DOLLARS, all revenues received from the  opera-
 tion  of  the  New  York state canal system as defined in [section three
 hundred fifty-one of the public authorities law and] section two of  the
 canal  law,  including payments on leases for use of canal lands, termi-
 nals and terminal  lands,  tolls  received  for  lock  and  lift  bridge
 passage, payments for hydroelectric easements and sales, for purchase of
 other abandoned canal lands, payments for any permits and leases for use
 of  the  water and lands of the system and payments for use of dry docks
 and other moneys made available to the fund from any other source  other
 than  a  grant,  loan  or other inter-corporate transfer of funds of the
 power authority of the state of New York, and any income earned  by,  or
 incremental  to, the fund due to investment thereof, or any repayment of
 any moneys advanced by the fund.
   5. Moneys of the fund, following  appropriation  by  the  legislature,
 shall  be  available  to  the [power authority of the state of] New York
 STATE CANAL RECREATIONWAY COMMISSION and  shall  be  expended  [by  such
 authority   or   the   canal  corporation]  only  for  the  maintenance,
 construction, reconstruction, development  or  promotion  of  the  canal
 system.
   In addition, moneys of the fund may be used for the purposes of inter-
 pretive  signage  and promotion for appropriate historically significant
 Erie canal lands and related sites OR FOR  OTHER  HISTORIC  PRESERVATION
 INITIATIVES  DEEMED  APPROPRIATE BY THE COMMISSION. Moneys shall be paid
 out of the fund JOINTLY by the state comptroller [on certificates issued
 by the director of the budget] AND THE COMMISSION.
 S. 8139                             3

   § 5. The canal law is amended by adding a new section 138-d to read as
 follows:
   §  138-D.  CANAL  RECREATIONWAY  COMMISSION; ADDITIONAL POWERS. 1. THE
 PUBLIC BENEFIT CORPORATION KNOWN AS THE "NEW  YORK  STATE  CANAL  CORPO-
 RATION"  (HEREINAFTER  REFERRED  TO  AS THE "CANAL CORPORATION") CREATED
 PURSUANT TO CHAPTER SEVEN HUNDRED SIXTY-SIX  OF  THE  LAWS  OF  NINETEEN
 HUNDRED  NINETY-TWO  AND  CONTINUED  AND  RECONSTITUTED  AS A SUBSIDIARY
 CORPORATION OF THE POWER AUTHORITY OF THE STATE OF NEW YORK PURSUANT  TO
 SUBDIVISION  ONE  OF  FORMER  SECTION  ONE THOUSAND FIVE-B OF THE PUBLIC
 AUTHORITIES  LAW  IS  HEREBY  DISCONTINUED  WITH  ITS  RESPONSIBILITIES,
 MISSION,  ASSETS,  DEBTS,  CIVIL SERVICE PERSONNEL, CONTRACTS, AND OBLI-
 GATIONS TRANSFERRED INTACT TO THE CANAL RECREATIONWAY COMMISSION  (HERE-
 INAFTER REFERRED TO AS THE "COMMISSION") CREATED PURSUANT TO SECTION ONE
 HUNDRED THIRTY-EIGHT-A OF THIS ARTICLE.
   2.  IN  ADDITION  TO  THE  POWERS AND DUTIES ENUMERATED IN SECTION ONE
 HUNDRED THIRTY-EIGHT-B OF THIS ARTICLE, THE COMMISSION  SHALL  HAVE  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 AUTHORI-
 TY OR THE NEW YORK POWER AUTHORITY SHALL BE DEEMED TO BE  AND  CONSTRUED
 AS A REFERENCE TO THE COMMISSION.
   3.  EXCLUSIVE  JURISDICTION  IS  CONFERRED UPON THE COURT OF CLAIMS TO
 HEAR AND DETERMINE THE CLAIMS OF ANY PERSON AGAINST THE  COMMISSION  (A)
 FOR  ITS  TORTIOUS ACTS AND THOSE OF ITS AGENTS, AND (B) FOR BREACH OF A
 CONTRACT, RELATING TO CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, MAINTE-
 NANCE 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 THERE-
 FOR. ALL AWARDS AND JUDGMENTS ARISING FROM SUCH CLAIMS SHALL BE PAID OUT
 OF MONEYS OF THE CANAL DEVELOPMENT FUND PURSUANT TO SECTION NINETY-TWO-U
 OF THE STATE FINANCE LAW.
   4. NO OFFICER OR MEMBER OF THE COMMISSION 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 AN EMPLOYEE, MEMBER OR OFFI-
 CER OF THE COMMISSION.
   5. ANY EMPLOYEE OF THE CANAL CORPORATION  WHO  AT  THE  TIME  OF  SUCH
 TRANSFER SHALL HAVE BEEN IN A NEGOTIATING UNIT REPRESENTED BY AN EMPLOY-
 EE  ORGANIZATION  WHICH  WAS CERTIFIED OR RECOGNIZED PURSUANT TO ARTICLE
 FOURTEEN OF THE CIVIL SERVICE LAW SHALL BE TRANSFERRED TO THE COMMISSION
 WITH NO BREAK IN SERVICE AND WITH ALL RIGHTS AND PRIVILEGES  INTACT  AND
 WILL  CONTINUE  TO  BE  REPRESENTED BY SAID EMPLOYEE ORGANIZATION.   ALL
 OFFICERS AND EMPLOYEES  OF  THE  COMMISSION  SHALL  BE  SUBJECT  TO  THE
 PROVISIONS  OF THE CIVIL SERVICE LAW WHICH SHALL APPLY TO THE COMMISSION
 AND SUCH COMMISSION SHALL BE SUBJECT TO THE JURISDICTION OF THE NEW YORK
 STATE DEPARTMENT OF CIVIL SERVICE AND THE NEW YORK STATE  CIVIL  SERVICE
 COMMISSION.  THE  COMMISSION SHALL PARTICIPATE IN THE NEW YORK STATE AND
 LOCAL EMPLOYEES' RETIREMENT SYSTEM. NOTHING CONTAINED IN THE CHAPTER  OF
 THE  LAWS  OF  TWO  THOUSAND TWENTY-TWO 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
 S. 8139                             4
 
 ANY  EXISTING OR EXPIRED COLLECTIVE BARGAINING AGREEMENT IN EFFECT AS OF
 THE EFFECTIVE DATE OF ELIMINATION OF THE CANAL CORPORATION AND  TRANSFER
 OF  ITS OBLIGATIONS TO THE COMMISSION. 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  REPRES-
 ENTED  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 ELIMINATION OF THE CANAL CORPORATION AND TRANSFER OF ITS
 OBLIGATIONS TO THE COMMISSION FOR FIVE YEARS FOLLOWING SUCH TRANSFER.
   6.  THE  FISCAL YEAR OF THE COMMISSION SHALL BE THE SAME AS THE FISCAL
 YEAR FOR NEW YORK STATE.
   7. THE COMMISSION 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 MANAGE-
 MENT 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 CHAP-
 TER;
   (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 ACTIV-
 ITIES, PROPERTIES, AND OTHER ASSETS, IN SUCH AMOUNT AND FROM SUCH INSUR-
 ERS AS IT DEEMS DESIRABLE;
   (J) INVEST ANY FUNDS OF THE  CANAL  DEVELOPMENT  FUND,  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  PRINCI-
 PAL  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) PREPARE AND SUBMIT A CAPITAL PROGRAM PLAN PURSUANT TO SECTION  TEN
 OF THE CANAL LAW;
   (L)  ENTER ON ANY LANDS, WATERS, OR PREMISES FOR THE PURPOSE OF MAKING
 SURVEYS;
   (M) ACCEPT ANY GIFTS OR ANY GRANT OF FUNDS OR PROPERTY FROM THE FEDER-
 AL 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
   (N) 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  COMMISSION  OR  THE
 STATE.
   8.  THE COMMISSION, ON OR BEFORE THE FIFTEENTH DAY OF DECEMBER 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
 S. 8139                             5
 
 LAW  OR  AVAILABLE  FROM ANY OTHER NON-FEDERAL SOURCES APPROPRIATED FROM
 THE STATE TREASURY.
   9. THE COMMISSION MAY DO ANY AND ALL THINGS NECESSARY OR CONVENIENT TO
 CARRY OUT AND EXERCISE THE POWERS GIVEN AND GRANTED BY THIS SECTION.
   10. THE COMMISSION SHALL PREPARE AN IMPLEMENTATION PLAN FOR THE TRANS-
 FER  OF  THE CANAL CORPORATION'S OBLIGATIONS FROM THE POWER AUTHORITY TO
 THE COMMISSION NO LATER THAN JANUARY FIRST, TWO  THOUSAND  TWENTY-THREE.
 SUCH IMPLEMENTATION PLAN SHALL INCLUDE A REQUIREMENT THAT THE RIGHTS AND
 PRIVILEGES  OF ALL EMPLOYEES UNDER EXISTING COLLECTIVE BARGAINING AGREE-
 MENTS SHALL NOT BE ADVERSELY IMPACTED AT THE TIME  OF  TRANSFER,  AND  A
 REPORT  ON  THE  STATUS OF RELEVANT COLLECTIVE BARGAINING AGREEMENTS AND
 THE PRESERVATION AND MAINTENANCE OF ECONOMIC  DEVELOPMENT  PROGRAMS  AND
 PROJECTS  FUNDED  BY  THE  POWER  AUTHORITY  SUCH  AS THE "REIMAGINE OUR
 CANALS" INITIATIVE.
   § 6. Subdivision 21 of section 2 of  the  canal  law,  as  amended  by
 section  14  of part TT of chapter 54 of the laws of 2016, is amended to
 read as follows:
   21. "Corporation" and "canal corporation"  shall  mean  the  New  York
 state  canal  corporation, a public benefit corporation created pursuant
 to chapter seven hundred sixty-six of the laws of nineteen hundred nine-
 ty-two and continued and reconstituted as a  subsidiary  corporation  of
 the power authority of the state of New York pursuant to subdivision one
 of section one thousand five-b of the public authorities law.  BEGINNING
 ON  THE  EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWEN-
 TY-TWO THAT AMENDED THIS SUBDIVISION, "CORPORATION"  AND  "CANAL  CORPO-
 RATION" SHALL MEAN THE COMMISSION.
   § 7. This act shall take effect immediately.

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