S. 7649 2
2799-SSSSS. FINANCING.
2799-TTTTT. REPORTS.
2799-UUUUU. HEARINGS; HEARING OFFICERS; DETERMINATIONS.
2799-VVVVV. TITLE NOT AFFECTED IF IN PART UNCONSTITUTIONAL OR
INEFFECTIVE.
2799-WWWWW. ACTIONS AGAINST THE AUTHORITY.
§ 2799-AAAAA. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED
AS THE "OSWEGO RIVER BASIN AUTHORITY ACT".
§ 2799-BBBBB. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "REAL ESTATE" SHALL INCLUDE, WHEN USED WITHOUT WORDS OF LIMITATION,
ALL UPLANDS, LANDS UNDER WATER, THE WATERS OF ANY LAKE, POND OR STREAM,
ALL WATER AND RIPARIAN RIGHTS OR PRIVILEGES, ALL WATER POWERS, WATER
PLANTS, AND ALL DAMS, RACES, SLUICEWAYS AND MACHINERY CONNECTED THERE-
WITH, AND ANY AND ALL EASEMENTS AND INCORPOREAL HEREDITAMENTS, AND EVERY
ESTATE, INTEREST AND RIGHT, LEGAL OR EQUITABLE, IN LAND OR WATER,
INCLUDING TERMS FOR YEARS, AND LIENS, LEGAL OR EQUITABLE, ON REAL
ESTATE, AS ABOVE DEFINED, IN WAY OF JUDGMENT, MORTGAGE OR OTHERWISE, AND
ALL REAL ESTATE AS ABOVE DEFINED ACQUIRED OR USED FOR RAILROAD, HIGHWAY,
OR OTHER PUBLIC PURPOSES.
2. "RESERVOIR" MEANS A BASIN FOR IMPOUNDING WATER, FORMED OR ENLARGED
BY A DAM, CONSTRUCTED OR MAINTAINED FOR THE PURPOSE OF REGULATING THE
FLOW OF A STREAM OR RIVER AND SHALL BE CONSTRUED TO INCLUDE THE DAMS AND
DIKES OR OTHER STRUCTURES BY MEANS OF WHICH THE WATER IS OR IS TO BE
IMPOUNDED, THE GATE HOUSES, INCLUDING CONTROLLING GATES, SLUICES,
SCREENS, RACKS AND OTHER ACCESSORIES THERETO; SPILLWAYS, FISHWAYS, LOG
OR ICE CHUTES, OR BARRIERS AND ALL ACCESSORIES THERETO; ALL BRIDGES OR
ROADWAYS OVER OR APPURTENANT TO THE DAMS AND DIKES; ALL OTHER STRUC-
TURES, DEVICES, OR APPLIANCES CONNECTED WITH OR APPURTENANT TO ANY OF
THE STRUCTURES HEREINBEFORE ENUMERATED, IN SUCH MANNER THAT THEY CANNOT
BE REMOVED WITHOUT INJURY TO SUCH STRUCTURES OR WITHOUT IMPAIRING THE
USEFULNESS THEREOF FOR THE PURPOSES FOR WHICH THEY ARE INTENDED; THE
LANDS UNDER THE WATER IMPOUNDED, OR TO BE IMPOUNDED, BY THE DAM OR DAMS,
AND SUCH LANDS SURROUNDING OR ADJACENT TO THE DAM, OR THE WATER IMPOUND-
ED OR TO BE IMPOUNDED THEREBY, AND SUCH OTHER REAL ESTATE AND APPLI-
ANCES, INCLUDING ROADWAYS AND TELEPHONE LINES, AS SHALL BE NECESSARY FOR
THE PURPOSES OF THE CONSTRUCTION, MAINTENANCE, OR OPERATION OF A RESER-
VOIR, AS ABOVE DEFINED, ALSO INCLUDING SUCH LAND SURROUNDING SUCH RESER-
VOIR AS MAY BE NECESSARY TO PRESERVE AND PROTECT SUCH RESERVOIR FROM
UNSANITARY CONDITIONS, AND FROM ANY ENCROACHMENT AFFECTING ITS USE FOR
THE PURPOSE OF REGULATING THE FLOW OF THE STREAM OR RIVER FOR THE REGU-
LATION OF WHICH IT MAY BE CONSTRUCTED. SUCH TERM IS NOT INTENDED TO
INCLUDE A RESERVOIR CREATED BY A DAM CONSTRUCTED OR MAINTAINED FOR POWER
PURPOSES EXCEPT WHEN NECESSITY OR EMERGENCY REQUIRES THE CONTROL, REGU-
LATION, ADJUSTMENT OR MONITORING OF WATER FLOWS OF SUCH RESERVOIR
CREATED BY A DAM CONSTRUCTED OR MAINTAINED FOR POWER PURPOSES PURSUANT
TO SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-OOOOO OF THIS TITLE, BUT IS
INTENDED TO INCLUDE A RESERVOIR AT OR BY REASON OF WHICH THERE MAY BE,
AS AN INCIDENT TO THE CONSTRUCTION, MAINTENANCE AND OPERATION OF SUCH
RESERVOIR, THE POSSIBILITY OF THE UTILIZATION OF A PORTION OF THE WATER
STORED THEREBY FOR POWER PURPOSES, WITHOUT IN ANY WAY INTERFERING WITH
THE PRIMARY PURPOSE OF A RESERVOIR CONSTRUCTED UNDER THE PROVISIONS OF
THIS TITLE.
3. "BENEFIT" OR "BENEFITS" SHALL BE INTERPRETED TO INCLUDE BENEFITS TO
REAL ESTATE, PUBLIC OR PRIVATE, TO MUNICIPAL WATER SUPPLY, TO NAVIGA-
TION, TO FLOOD MITIGATION, TO FLOOD EMERGENCY RESPONSE, TO AGRICULTURE
S. 7649 3
AND TO INDUSTRIAL AND GENERAL WELFARE BY REASON OF THE MAINTENANCE AND
OPERATION OF A RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE,
WHETHER SUCH BENEFIT SHALL INURE TO A PERSON, A PUBLIC CORPORATION OR
THE STATE. IN THE EVENT THAT ANY RESERVOIR, DAM OR OTHER FLOOD MITI-
GATION STRUCTURE OPERATES TO RELIEVE THE STATE OF ANY OBLIGATION BY
REASON OF DIVERSION OF THE WATER OF ANY RIVER FOR CANAL PURPOSES, THE
STATE, TO THE EXTENT THAT THE MAINTENANCE AND OPERATION OF SUCH RESER-
VOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE MAY ACCOMPLISH SUCH
RELIEF, SHALL BE DEEMED TO HAVE RECEIVED BENEFIT THEREFROM.
4. "AUTHORITY" MEANS THE OSWEGO RIVER BASIN AUTHORITY.
5. "PRELIMINARY EXPENSES" MEANS EXPENDITURES MADE OR INCURRED BY THE
STATE ON ACCOUNT OF THE SERVICES OR EXPENSES OF ITS OFFICERS OR EMPLOY-
EES IN MAKING STUDIES, INVESTIGATIONS, SURVEYS, PLANS, SPECIFICATIONS
AND ESTIMATES; IN NEGOTIATING, DRAFTING, AND LETTING CONTRACTS; IN
SUPERVISING AND DIRECTING THE CONSTRUCTION OF WORKS AND STRUCTURES, AS
AUTHORIZED OR REQUIRED BY THIS TITLE; AND THE EXPENSES OF PROCURING
SEARCHES, OR ABSTRACTS OF TITLE OF REAL ESTATE FOR THE PURPOSE OF CARRY-
ING OUT THE PROVISIONS OF THIS TITLE.
6. "REGULATION" MEANS ONLY SUCH REGULATION AS CAN BE HAD THROUGH THE
CONSTRUCTION, MAINTENANCE, OPERATION, MONITORING AND ADJUSTMENT OF WATER
FLOWS OF A RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE, EXCEPTING
AS OTHERWISE EXPRESSLY PROVIDED IN THIS TITLE.
7. "AVERAGE FLOW" MEANS THAT RESULT IN TERMS OF CUBIC FEET OF WATER
PER SECOND DERIVED BY THE DIVISION OF THE TOTAL NUMBER OF CUBIC FEET OF
WATER FLOWED BY ANY STREAM OR RIVER, AT THE LOCATION THEREON WHERE THE
MEASUREMENT IS TAKEN, IN ONE YEAR, OR FOR AN AVERAGE OF YEARS, BY THE
NUMBER OF SECONDS IN A YEAR.
8. "AVERAGE NORMAL FLOW" OR "NORMAL FLOW" MEANS THAT RESULT IN TERMS
OF CUBIC FEET OF WATER PER SECOND DERIVED BY THE DIVISION OF THE TOTAL
NUMBER OF CUBIC FEET OF WATER FLOWED BY ANY STREAM OR RIVER, AT THE
LOCATION THEREON WHERE THE MEASUREMENT THEREOF IS TAKEN, ON THOSE DAYS
IN A YEAR DURING WHICH SUCH FLOW DID NOT EXCEED THE AVERAGE FLOW, BY THE
NUMBER OF SECONDS IN THE TOTAL NUMBER OF SUCH DAYS.
9. "COST OF CONSTRUCTION" SHALL INCLUDE, IN ADDITION TO THE COST OF A
RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE, ALL PRELIMINARY
EXPENSES, ALL EXPENSES OF ORGANIZATION OF THE AUTHORITY, ENGINEERING
FEES, COSTS OF SURVEYS, PLANS, ADVERTISING, SALARIES, COMPENSATION AND
EXPENSES OF THE AUTHORITY, TOGETHER WITH ALL LEGAL AND OTHER EXPENSES,
INCIDENTAL TO THE CONSTRUCTION OF SUCH RESERVOIR, DAM OR OTHER FLOOD
MITIGATION STRUCTURE UP TO TIME OF THE COMPLETION THEREOF.
10. "COST OF MAINTENANCE AND OPERATION" SHALL INCLUDE ALL EXPENSES FOR
REPAIRS AND UPKEEP OF A RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUC-
TURE, ALL SUCH EXPENSES NECESSARY TO THE PROPER OPERATION OF SUCH RESER-
VOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE FOR THE PURPOSES FOR WHICH
IT WAS CONSTRUCTED AND ALL SUCH PART OF THE COMPENSATION AND EXPENSES OF
THE AUTHORITY, ITS OFFICERS AND EMPLOYEES AFTER THE COMPLETION OF SUCH
RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE AS ARE IN THE JUDG-
MENT OF THE AUTHORITY.
11. "HIGH FLOW LINE" MEANS THE LINE WHICH WILL BE MADE AROUND A RESER-
VOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE, AS APPLICABLE, BY THE
WATER THEREIN WHEN IT IS AT THE LEVEL OF THE CREST OF THE RESERVOIR, DAM
OR OTHER FLOOD MITIGATION STRUCTURE SPILLWAY.
12. "LOW FLOW LINE" MEANS THE LINE MADE BY THE WATER OF A RESERVOIR,
DAM OR OTHER FLOOD MITIGATION STRUCTURE, IF APPLICABLE, WHEN IT IS AT
THE LOWEST LEVEL WHICH, CONSISTENT WITH THE REGULATION OF THE FLOW OF
S. 7649 4
THE RIVER AND THE MAINTENANCE OF SANITARY CONDITIONS, THE AUTHORITY
SHALL FIX AND DETERMINE.
13. "UNSANITARY CONDITION OR CONDITIONS" MEANS SUCH CONDITION OR
CONDITIONS WHICH ARE A MENACE TO THE PUBLIC HEALTH.
14. "FILING" MEANS, WHENEVER IT IS REQUIRED THAT COPIES OF MAPS AND
DOCUMENTS BE FILED, CERTIFIED COPIES THEREOF SHALL BE FILED IN THE
OFFICES OF THE CLERKS OF EACH COUNTY, TOWN, CITY OR INCORPORATED
VILLAGE, ANY PART OF WHICH WHOLLY OR PARTIALLY CONTAINED WITHIN THE
OSWEGO RIVER BASIN, AND MADE AVAILABLE ON THE WEBSITE OF THE AUTHORITY.
15. "RECORDED" MEANS, WHENEVER IT IS REQUIRED THAT ANY DOCUMENT BE
RECORDED, THE AUTHORITY SHALL SEND A CERTIFIED COPY THEREOF TO THE CLERK
OF EACH COUNTY, TOWN, CITY OR INCORPORATED VILLAGE, ANY PART OF WHICH
WHOLLY OR PARTIALLY CONTAINED WITHIN THE OSWEGO RIVER BASIN, AND IT
SHALL BE THE DUTY OF SUCH CLERK THEREUPON TO RECORD SUCH DOCUMENT AND TO
COLLECT THE LEGAL FEES THEREFOR.
16. "COSTS" MEANS, WHENEVER IT IS PRACTICABLE SO TO DO, IN THE COST OF
ANY SURVEYS, MAPS, ESTIMATES, DETERMINATIONS OF ENHANCEMENTS, APPORTION-
MENTS OF COSTS OR ASSESSMENTS MADE, OR CONSTRUCTION, MAINTENANCE OR
REPAIR WORK CARRIED OUT, THE INCLUSION OF THE COST OF ALL PROCEEDINGS,
HEARINGS, NOTIFICATIONS, FILINGS, RECORDINGS, AND ENGINEERING, LEGAL AND
OTHER SERVICES AND EXPENSES WHICH MAY LAWFULLY BE INCURRED, INCLUDING
THE COST OF ACQUISITION OF LANDS AND RIGHTS OF WAY, SUITS AND PROSE-
CUTIONS.
17. "ASSESSMENT" MEANS THE WHOLE OR ANY APPROPRIATE PART OF THE PROCE-
DURE BY WHICH THE COST OF ANY PROCEEDING OR CONSTRUCTION PROJECT IS MADE
A LEGAL CHARGE ON CERTAIN PROPERTIES. IT MAY INCLUDE THE DETERMINATION
OF ENHANCEMENTS AND APPORTIONMENT OF CONSTRUCTION AND OTHER COSTS.
ASSESSMENT INCLUDES SIMILAR PROCEEDINGS ONCE SPECIFIED IN FORMER OR
OTHER GENERAL AND SPECIAL LAWS WITH REGARD TO DRAINAGE.
18. "NATIONAL FLOOD INSURANCE PROGRAM" MEANS THAT ACT OF CONGRESS
CODIFIED AS CHAPTER FIFTY OF TITLE FORTY-TWO OF THE UNITED STATES CODE,
ALL ACTS AMENDATORY THEREOF AND ALL REGULATIONS PROMULGATED THEREUNDER.
19. "PROJECTS AND ACTIVITIES" MEANS ANY ACTION TAKEN BY THE AUTHORITY
IN THE IMPLEMENTATION OF THIS TITLE.
20. "OSWEGO RIVER BASIN" MEANS A WATERSHED IN THE STATE OF NEW YORK
COMPRISED OF ALL RIVERS, STREAMS, CREEKS, LAKES, RESERVOIRS AND THE
SURROUNDING LAND AREAS OR OTHER DRAINAGE, INCLUDING BUT NOT LIMITED TO
CANALS, THAT DRAINS OR FLOWS VIA THE OSWEGO RIVER INTO LAKE ONTARIO.
21. "DISCONNECTED FLOODPLAIN" MEANS AN AREA IN A FLOODPLAIN IDENTIFIED
BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY OR THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION THAT IS DISCONNECTED FROM RIVERS AND STREAMS BY
BERMS, ROADS, STRUCTURES, OR OTHER DEVELOPMENT FOR ANY REASON.
22. "NORTH AMERICAN VERTICAL DATUM OF 1988" MEANS AN ELEVATION SURVEY-
ING SYSTEM DEVELOPED BY THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS-
TRATION, OR SUCCESSOR ELEVATION SURVEYING SYSTEM DEVELOPED BY SUCH
ADMINISTRATION.
23. "CANAL CORPORATION" MEANS THE NEW YORK STATE CANAL CORPORATION.
24. "RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE" MEANS ANY
STRUCTURE CONSTRUCTED, OWNED, OPERATED, MAINTAINED, OR REGULATED BY THE
AUTHORITY USED TO MITIGATE FLOOD EVENTS OR TO REGULATE THE FLOW OF WATER
IN THE OSWEGO RIVER BASIN, INCLUDING BUT NOT LIMITED TO A RESERVOIR, AS
DEFINED IN SUBDIVISION TWO OF THIS SECTION.
25. "FOREST PRESERVE" SHALL HAVE THE SAME MEANING AS SUCH TERM IS
DEFINED PURSUANT TO SUBDIVISION SIX OF SECTION 9-0101 OF THE ENVIRON-
MENTAL CONSERVATION LAW.
S. 7649 5
§ 2799-CCCCC. OSWEGO RIVER BASIN AUTHORITY. FOR THE PURPOSE OF EFFEC-
TUATING THE GENERAL DUTIES AND POWERS ESTABLISHED BY THIS TITLE, INCLUD-
ING BUT NOT LIMITED TO, FLOOD MITIGATION, WATER FLOW MANAGEMENT, WATER
FLOW MONITORING, EMERGENCY MANAGEMENT AND FLOOD RESPONSE, AND ANY OTHER
DUTY OR POWER CONTAINED IN THIS TITLE, THERE IS HEREBY CREATED A CORPO-
RATE MUNICIPAL INSTRUMENTALITY OF THE STATE TO BE KNOWN AS THE "OSWEGO
RIVER BASIN AUTHORITY", WHICH SHALL BE A BODY CORPORATE AND POLITIC, AND
A POLITICAL SUBDIVISION OF THE STATE, EXERCISING GOVERNMENTAL AND PUBLIC
POWERS, PERPETUAL IN DURATION, CAPABLE OF SUING AND BEING SUED, AND
WHICH SHALL HAVE THE GENERAL POWERS AND DUTIES HEREINAFTER ENUMERATED,
TOGETHER WITH SUCH OTHERS AS MAY HEREAFTER BE CONFERRED UPON IT BY LAW.
§ 2799-DDDDD. ORGANIZATION OF THE OSWEGO RIVER BASIN AUTHORITY. 1.
THE AUTHORITY SHALL CONSIST OF SEVEN TRUSTEES, WHO SHALL SERVE RESPEC-
TIVELY FOR TERMS OF ONE, TWO, THREE, FOUR, FIVE, SIX AND SEVEN YEARS, TO
BE APPOINTED BY THE GOVERNOR, BY AND WITH THE ADVICE AND CONSENT OF THE
SENATE. EACH TRUSTEE SHALL HOLD OFFICE UNTIL A SUCCESSOR HAS BEEN
APPOINTED AND QUALIFIED. AT THE EXPIRATION OF THE TERM OF EACH TRUSTEE
AND OF EACH SUCCEEDING TRUSTEE, THE GOVERNOR SHALL, BY AND WITH THE
ADVICE AND CONSENT OF THE SENATE, APPOINT A SUCCESSOR, WHO SHALL HOLD
OFFICE FOR A TERM OF FIVE YEARS, OR UNTIL A SUCCESSOR HAS BEEN APPOINTED
AND QUALIFIED. IN THE EVENT OF A VACANCY OCCURRING IN THE OFFICE OF THE
TRUSTEE BY DEATH, RESIGNATION OR OTHERWISE, THE GOVERNOR SHALL, BY AND
WITH THE ADVICE AND CONSENT OF THE SENATE, APPOINT A SUCCESSOR, WHO
SHALL HOLD OFFICE FOR THE UNEXPIRED TERM. FOUR TRUSTEES SHALL CONSTITUTE
A QUORUM FOR THE PURPOSE OF ORGANIZING THE AUTHORITY AND CONDUCTING THE
BUSINESS THEREOF.
2. EACH TRUSTEE OF THE AUTHORITY, BEFORE ENTERING UPON SUCH TRUSTEE'S
DUTIES, SHALL TAKE AND SUBSCRIBE THE CONSTITUTIONAL OATH OF OFFICE,
WHICH OATH SHALL BE FILED IN THE OFFICE OF THE SECRETARY OF STATE. UPON
TAKING THE OATH, THE TRUSTEES SHALL CHOOSE FROM AMONG THEIR OWN NUMBER A
CHAIR AND VICE-CHAIR AND SHALL SELECT A TREASURER. THE CHAIR SHALL ALSO
ACT AS CHIEF EXECUTIVE OFFICER WHOSE APPOINTMENT SHALL BE SUBJECT TO
CONFIRMATION BY THE SENATE. THE TRUSTEES SHALL ADOPT BY-LAWS AND RULES
AND REGULATIONS SUITABLE TO THE PURPOSES OF THIS TITLE. THE TRUSTEES
SHALL ADOPT A SEAL AND SHALL KEEP IN WELL-BOUND BOOKS A RECORD OF ALL
ITS MEETINGS AND PROCEEDINGS, CERTIFICATES, CONTRACTS, SURETY BONDS, AND
CORPORATE ACTS, WHICH SHALL BE OPEN TO THE INSPECTION OF THE TRUSTEES
THEREOF, ALL OWNERS OF REAL ESTATE IN THE OSWEGO RIVER BASIN AND THE
PUBLIC, AND SHALL MAKE ALL SUCH INFORMATION AVAILABLE ON THE AUTHORITY'S
WEBSITE.
3. THE TRUSTEE CHOSEN AS CHAIR, AS PROVIDED IN SUBDIVISION TWO OF THIS
SECTION, SHALL RECEIVE AN ANNUAL SALARY WHICH SHALL BE SET BY THE TRUS-
TEES OF THE AUTHORITY, AND WHICH SHALL NOT EXCEED THE SALARY PRESCRIBED
FOR THE POSITIONS LISTED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION
ONE HUNDRED SIXTY-NINE OF THE EXECUTIVE LAW. ALL OTHER TRUSTEES SHALL
NOT RECEIVE A SALARY OR OTHER COMPENSATION. EACH TRUSTEE SHALL RECEIVE
SUCH TRUSTEE'S REASONABLE EXPENSES IN THE PERFORMANCE OF SUCH TRUSTEE'S
DUTIES HEREUNDER. THE TRUSTEE CHOSEN AS CHAIR MAY ELECT TO BECOME A
MEMBER OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON
THE BASIS OF SUCH COMPENSATION TO WHICH SUCH CHAIR SHALL BE ENTITLED AS
HEREIN PROVIDED, NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL
OR LOCAL LAW, MUNICIPAL CHARTER, OR ORDINANCE.
4. THE CHIEF EXECUTIVE OFFICER SHALL KEEP AND BE THE CUSTODIAN OF THE
RECORDS OF THE AUTHORITY, AND OF ITS CORPORATE SEAL, AND SHALL ASSIST
THE AUTHORITY IN SUCH PARTICULARS AS IT MAY DIRECT IN THE PERFORMANCE OF
ITS DUTIES AND RESPONSIBILITIES AS ENUMERATED IN THIS TITLE. SUCH OFFI-
S. 7649 6
CER SHALL ATTEST UNDER THE CORPORATE SEAL OF THE AUTHORITY ALL CERTIFIED
COPIES OF THE OFFICE RECORDS AND FILES OF THE AUTHORITY THAT MAY BE
REQUIRED OF SUCH OFFICER BY THE PROVISIONS OF THIS TITLE OR BY ANY
PERSON ORDERING THE SAME AND PAYING THE REASONABLE COST OF TRAN-
SCRIPTION. ANY PORTION OF THE RECORDS SO CERTIFIED AND ATTESTED SHALL
PRIMA FACIE IMPORT VERITY. THE CHIEF EXECUTIVE OFFICER SHALL ALSO SERVE
AS TREASURER OF THE AUTHORITY UNLESS A SEPARATE TREASURER IS SELECTED BY
THE AUTHORITY.
5. THE AUTHORITY MAY EMPLOY SUCH ATTORNEYS, ENGINEERS, AGENTS, ASSIST-
ANTS AND EMPLOYEES AS MAY BE NECESSARY, AND FIX THEIR COMPENSATION,
INCLUDING THE COMPENSATION OF ITS TREASURER.
6. THE GOVERNOR MAY REMOVE A TRUSTEE OF THE AUTHORITY FOR INEFFICIEN-
CY, NEGLECT OF DUTY OR MISCONDUCT IN OFFICE, GIVING TO SUCH TRUSTEE A
COPY OF THE CHARGES AGAINST SUCH TRUSTEE AND AN OPPORTUNITY OF BEING
PUBLICLY HEARD IN PERSON OR BY COUNSEL IN SUCH TRUSTEE'S OWN DEFENSE
UPON NOT LESS THAN TEN DAYS' NOTICE. IF SUCH TRUSTEE SHALL BE REMOVED,
THE GOVERNOR SHALL FILE IN THE OFFICE OF THE SECRETARY OF STATE A
COMPLETE STATEMENT OF ALL CHARGES MADE AGAINST SUCH TRUSTEE AND THE
FINDINGS THEREON, TOGETHER WITH A COMPLETE RECORD OF THE PROCEEDINGS.
§ 2799-EEEEE. GENERAL DUTIES. 1. (A) (I) UPON ITS CREATION THE AUTHOR-
ITY SHALL PREPARE A DRAFT OSWEGO RIVER BASIN MANAGEMENT PLAN (HEREINAFT-
ER REFERRED TO AS THE "DRAFT BASIN MANAGEMENT PLAN") FOR THE REGULATION
OF THE FLOW OF WATER IN THE OSWEGO RIVER BASIN. SUCH DRAFT BASIN MANAGE-
MENT PLAN SHALL SHOW:
(1) THE EXISTING SITES OF RESERVOIRS, DAMS OR OTHER FLOOD MITIGATION
STRUCTURES ON SUCH BASIN, WHETHER ANY RESERVOIR, DAM OR OTHER FLOOD
MITIGATION STRUCTURE NOW EXISTING CAN BE AND SHOULD BE ENLARGED AND TO
WHAT EXTENT, AND THE APPROXIMATE NUMBER OF ACRES OF LAND FLOWED OR TO BE
FLOWED BY EACH RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE;
(2) AVAILABLE AND FEASIBLE SITES OF RESERVOIRS, DAMS OR OTHER FLOOD
MITIGATION STRUCTURES ON SUCH BASIN AND THE APPROXIMATE NUMBER OF ACRES
OF LAND TO BE FLOWED BY EACH SUCH RESERVOIR, DAM OR OTHER FLOOD MITI-
GATION STRUCTURE;
(3) WHETHER ANY OF SUCH LAND IDENTIFIED BY ITEMS ONE AND TWO OF THIS
SUBPARAGRAPH IS OWNED BY THE STATE, IF ANY, AND HOW MANY ACRES, THE
NUMBER OF ACRES OF PRIVATE LAND REQUIRED, TOGETHER WITH THE ESTIMATED
VALUE OF THE LAND, AND HOW MANY ACRES, IF ANY, OF SUCH LAND ARE LANDS OF
THE STATE WITHIN THE FOREST PRESERVE. SUCH ACREAGE SHALL INCLUDE SUCH
QUANTITY OF LAND SURROUNDING A RESERVOIR, DAM OR OTHER FLOOD MITIGATION
STRUCTURE TO BE CREATED OR ENLARGED AS WOULD IN THE JUDGMENT OF THE
AUTHORITY BE REQUIRED FOR THE PROTECTION, MAINTENANCE AND OPERATION OF
SUCH RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE FOR THE EFFECTU-
ATION OF THE GENERAL DUTIES AND POWERS OF THIS TITLE;
(4) A SYSTEM TO NOTIFY EMERGENCY FIRST RESPONDERS, INCLUDING THE DIVI-
SION OF HOMELAND SECURITY AND EMERGENCY SERVICES, LOCAL POLICE DEPART-
MENTS AND OTHER EMERGENCY FIRST RESPONDERS WHOLLY OR PARTIALLY CONTAINED
WITHIN THE OSWEGO RIVER BASIN, OF HIGH FLOW AND FLOOD FLOW EVENTS, AND
OTHER EMERGENCY EVENTS AS DETERMINED BY THE AUTHORITY;
(5) OTHER STRATEGIES TO ADDRESS ANY OF THE GENERAL DUTIES ENUMERATED
OR DETAILED IN THIS SECTION;
(6) A SYSTEM FOR THE PROCEDURE FOR THE MONITORING OF WATER FLOWS
THROUGHOUT THE WHOLE OSWEGO RIVER BASIN; AND
(7) A MAP OF ALL DISCONNECTED FLOODPLAINS IN THE OSWEGO RIVER BASIN.
(II) ADDITIONALLY, THE DRAFT BASIN MANAGEMENT PLAN SHALL BE ACCOMPA-
NIED BY SUCH MAPS, PROFILES AND OTHER DATA AND DESCRIPTIONS AS MAY BE
NECESSARY TO SET FORTH PROPERLY THE DUTIES DETAILED IN THIS SECTION,
S. 7649 7
INCLUDING, BUT NOT LIMITED TO THE LOCATION AND CHARACTER OF THE WORK AND
OF THE PROPERTY TO BE TAKEN OR DAMAGED AND BY ESTIMATES OF COST OF EACH
SUCH RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE. FURTHER, THE
DRAFT BASIN MANAGEMENT PLAN SHALL USE THE NORTH AMERICAN VERTICAL DATUM
OF 1988 AS A COMMON DATUM TO COMMUNICATE ALL ELEVATIONS. IN THE CASE
THAT MAPS, PLANS AND SPECIFICATIONS FOR ANY SUCH RESERVOIR, DAM OR OTHER
FLOOD MITIGATION STRUCTURE AT OR NEAR THE SITE THEREOF ARE ON FILE IN
ANY OTHER DEPARTMENT OF STATE GOVERNMENT OR OTHER STATE ENTITY AND WOULD
BE AN AID IN THE PREPARATION OF SUCH DRAFT BASIN MANAGEMENT PLAN, SUCH
MAPS, PLANS AND SPECIFICATIONS SHALL BE AVAILABLE TO THE AUTHORITY FOR
SUCH PURPOSE.
(B) THE DRAFT BASIN MANAGEMENT PLAN SHALL BE DEVELOPED IN CONSULTATION
WITH THE OSWEGO RIVER BASIN ADVISORY COMMITTEE ESTABLISHED PURSUANT TO
SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-GGGGG OF THIS TITLE AND OTHER
STAKEHOLDERS AS DETERMINED BY THE AUTHORITY.
(C) THE AUTHORITY SHALL HOLD AT LEAST TWO REGIONAL PUBLIC COMMENT
HEARINGS ON SUCH DRAFT BASIN MANAGEMENT PLAN AND SHALL ALLOW AT LEAST
ONE HUNDRED TWENTY DAYS FOR THE SUBMISSION OF PUBLIC COMMENT PRIOR TO
THE APPROVAL OF SUCH PLAN.
(D) THE AUTHORITY SHALL PROVIDE MEANINGFUL OPPORTUNITIES FOR PUBLIC
COMMENT FROM ALL SEGMENTS OF THE POPULATION THAT WILL BE IMPACTED BY THE
DRAFT BASIN MANAGEMENT PLAN, INCLUDING A COMMUNITY ENROLLED IN THE
NATIONAL FLOOD INSURANCE PROGRAM.
(E) UPON THE COMPLETION OF SUCH DRAFT BASIN MANAGEMENT PLAN, PUBLIC
HEARINGS AND THE PUBLIC COMMENT PERIOD, THE AUTHORITY MAY APPROVE SUCH
PLAN AND SHALL CERTIFY SUCH PLAN BY RESOLUTION. THE AUTHORITY MAY, BY
RESOLUTION, CHOSE TO MODIFY SUCH PLAN AND APPROVE IT AS SO MODIFIED.
ONCE APPROVED BY THE AUTHORITY, SUCH PLAN SHALL BE KNOWN AS THE "OFFI-
CIAL OSWEGO RIVER BASIN MANAGEMENT PLAN" OR "OFFICIAL PLAN" FOR THE
REGULATION OF THE FLOW OF WATER IN THE OSWEGO RIVER BASIN. SUCH PLAN IN
LIKE MANNER MAY BE ALTERED FROM TIME TO TIME, PROVIDED SUCH ALTERATION
SHALL NOT AFFECT ANY ASSESSMENT ALREADY MADE AND SUCH ALTERATION SHALL
ONLY OCCUR AFTER A PERIOD OF PUBLIC COMMENT AND A PUBLIC HEARING. AS
SOON AS PRACTICABLE, THE AUTHORITY SHALL MAKE THE DRAFT OSWEGO RIVER
BASIN MANAGEMENT PLAN AND THE OFFICIAL OSWEGO RIVER BASIN MANAGEMENT
PLAN AVAILABLE TO THE PUBLIC FOR INSPECTION AND EXAMINATION AT EVERY
OFFICE OF THE AUTHORITY AND ON THE AUTHORITY'S WEBSITE. DIGITAL FILES
OF SUCH PLANS SHALL ALSO BE MADE AVAILABLE, UPON REQUEST, TO THE CLERK
OF EACH COUNTY, CITY, TOWN OR VILLAGE IN WHICH THE OSWEGO RIVER BASIN OR
A PORTION THEREOF IS LOCATED.
2. THE AUTHORITY SHALL CREATE AND CONDUCT AN EDUCATION AND OUTREACH
CAMPAIGN IN THE OSWEGO RIVER BASIN, AND IN DOING SO MAY INCORPORATE
STRATEGIES FROM ANY COMMUNICATION PLAN DEVELOPED BY THE COMMITTEE.
3. ANY PROJECTS OR ACTIVITIES, INCLUDING THE CONSTRUCTION OF ANY
RESERVOIRS, DAMS OR OTHER FLOOD MITIGATION STRUCTURES, UNDERTAKEN BY THE
AUTHORITY SHALL ENSURE FULL COMPLIANCE WITH ARTICLE EIGHT OF THE ENVI-
RONMENTAL CONSERVATION LAW.
§ 2799-FFFFF. GENERAL POWERS. 1. THE AUTHORITY SHALL HAVE POWER TO
PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE EFFECTUATION OF THE
POWERS AND DUTIES ENUMERATED IN THIS TITLE.
2. THE AUTHORITY AND ITS AUTHORIZED AGENTS MAY ENTER UPON ANY LANDS,
AS IN ITS JUDGMENT MAY BE NECESSARY, FOR THE PURPOSE OF MAKING SURVEYS
AND EXAMINATIONS TO ACCOMPLISH ANY PURPOSE AUTHORIZED BY THIS TITLE, AND
SHALL BE LIABLE ONLY FOR ACTUAL DAMAGE DONE.
3. THE AUTHORITY SHALL HAVE AND MAY EXERCISE ALL OF THE POWERS ENUMER-
ATED IN THIS TITLE, AND IN ADDITION THERETO ALL SUCH OTHER POWERS AS ARE
S. 7649 8
NECESSARY AND PROPER TO CARRY INTO EXECUTION THE POWERS EXPRESSLY GRANT-
ED TO IT, INCLUDING THE POWER TO:
(A) MAKE SUCH CHANNEL IMPROVEMENTS AS MAY BE NECESSARY TO PREVENT
DAMAGE TO DOWNSTREAM PROPERTIES BY THE WATERS RELEASED FROM A RESERVOIR,
DAM OR OTHER FLOOD MITIGATION STRUCTURE;
(B) MITIGATE ANY AND ALL FLOOD EVENTS;
(C) MANAGE AND ADJUST THE FLOW OF WATER IN THE OSWEGO RIVER BASIN;
(D) MONITOR THE FLOW OF WATER IN THE OSWEGO RIVER BASIN; AND
(E) COORDINATE AND COOPERATE WITH EMERGENCY MANAGEMENT AND FLOOD
RESPONSE, IF NECESSARY AND APPROPRIATE.
4. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, THE
AUTHORITY SHALL HAVE CHARGE OF THE CONTROL, OPERATION, MAINTENANCE, AND
ADJUSTMENT OF WATER LEVELS OF ALL RESERVOIRS, DAMS OR OTHER FLOOD MITI-
GATION STRUCTURES CURRENTLY IN EXISTENCE, OR HEREAFTER CONSTRUCTED,
ALONG ALL POINTS AND PORTIONS OF THE OSWEGO RIVER BASIN FOR THE REGU-
LATION OF THE FLOW OF WATER IN SUCH BASIN, INCLUDING ANY RESERVOIR, DAM
OR OTHER FLOOD MITIGATION STRUCTURE OWNED, OPERATED, CONTROLLED OR
OTHERWISE OVERSEEN BY A COUNTY, CITY, TOWN, OR VILLAGE, EXCLUDING HOWEV-
ER:
(A) A RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE WHICH IS OR
MAY BE MAINTAINED PRIMARILY TO PROVIDE WATER FOR THE CANAL SYSTEM OF THE
STATE, PROVIDED HOWEVER, THAT THE AUTHORITY MAY HAVE CHARGE OF THE
CONTROL, OPERATION, MAINTENANCE, AND ADJUSTMENT OF SUCH RESERVOIR UPON
AN AGREEMENT OR CONTRACT BETWEEN THE AUTHORITY AND THE CANAL CORPO-
RATION; AND
(B) RESERVOIRS OWNED OR OPERATED BY A HOLDER OF A LICENSE ISSUED UNDER
THE FEDERAL POWER ACT, PROVIDED HOWEVER, THAT THE AUTHORITY MAY HAVE
CHARGE OF THE CONTROL, OPERATION, MAINTENANCE, AND ADJUSTMENT OF SUCH
RESERVOIR UPON AN AGREEMENT OR CONTRACT BETWEEN THE AUTHORITY AND SUCH
HOLDER OF A LICENSE ISSUED UNDER THE FEDERAL POWER ACT.
5. THE AUTHORITY SHALL HAVE THE RIGHT TO ESTABLISH AND MAINTAIN STREAM
GAUGES AND RAIN GAUGES, AND MAY MAKE SUCH SURVEYS AND EXAMINATIONS OF
RAINFALL, STREAM FLOW AND FLOOD CONDITIONS, AND OF OTHER SCIENTIFIC AND
ENGINEERING SUBJECTS AS MAY BE NECESSARY AND PROPER FOR THE PURPOSES OF
THE AUTHORITY AT ANY LOCATION IN THE OSWEGO RIVER BASIN, AND SHALL
PRESERVE A RECORD THEREOF AVAILABLE TO THE PUBLIC ON THE AUTHORITY'S
WEBSITE. DIGITAL FILES OF SUCH STREAM GAUGES AND RAIN GAUGES SHALL ALSO
BE MADE AVAILABLE, UPON REQUEST, TO THE CLERK OF EACH COUNTY, CITY, TOWN
OR VILLAGE IN WHICH THE OSWEGO RIVER BASIN OR A PORTION THEREOF IS
LOCATED.
6. THE AUTHORITY, SUBJECT TO THE LIMITATIONS OF THIS TITLE, SHALL HAVE
A DOMINANT RIGHT OF EMINENT DOMAIN OVER ANY RIGHT OF EMINENT DOMAIN OF
PUBLIC CORPORATIONS. IN EXERCISE OF SUCH RIGHT, THE AUTHORITY SHALL TAKE
DUE CARE TO ENSURE NO UNNECESSARY DAMAGE TO OTHER PUBLIC UTILITIES, AND
IN THE CASE OF FAILURE TO AGREE UPON THE MODE AND TERMS OF INTERFERENCE,
THE AUTHORITY SHALL TAKE DUE CARE NOT TO INTERFERE WITH ANY OPERATION
AND USEFULNESS BEYOND THE ACTUAL NECESSITIES OF THE CASE, AND SHALL PAY
DUE REGARD TO OTHER PUBLIC INTERESTS INVOLVED.
7. THE AUTHORITY SHALL HAVE POWER TO CONSENT TO THE TRANSFER OF JURIS-
DICTION OVER LANDS UNDER ITS JURISDICTION TO ANY STATE DEPARTMENT OR A
BUREAU, DIVISION OR AGENCY THEREOF, OR TO ANY STATE AGENCY, UPON SUCH
TERMS AND CONDITIONS AND UNDER SUCH REGULATIONS AND RESTRICTIONS AS SUCH
AUTHORITY SHALL DEEM JUST AND PROPER, PROVIDED, HOWEVER, THAT THE USE OF
SUCH LANDS SHALL NOT INTERFERE WITH THE PURPOSES FOR WHICH THEY WERE
ACQUIRED.
S. 7649 9
8. THE AUTHORITY SHALL HAVE THE POWER TO COORDINATE WITH THE ONONDAGA
COUNTY WATER AUTHORITY AS ESTABLISHED BY TITLE SEVEN OF ARTICLE FIVE OF
THIS CHAPTER. FURTHER, THE AUTHORITY SHALL IMMEDIATELY, UPON MAKING A
REQUEST TO THE ONONDAGA COUNTY WATER AUTHORITY, ASSUME ALL DUTIES AND
POWERS OF THE ONONDAGA COUNTY WATER AUTHORITY RELATED TO THE EFFECTUA-
TION OF THE GENERAL DUTIES AND POWERS ENUMERATED IN THIS TITLE IN ORDER
TO MITIGATE FLOOD EVENTS IN THE OSWEGO RIVER BASIN, INCLUDING BUT NOT
LIMITED TO THE CONTROL, OPERATION, MAINTENANCE, AND ADJUSTMENT OF WATER
LEVELS OF ALL RESERVOIRS, DAMS OR OTHER FLOOD MITIGATION STRUCTURES
OWNED OR OPERATED BY THE ONONDAGA COUNTY WATER AUTHORITY. THE ONONDAGA
COUNTY WATER AUTHORITY SHALL REGAIN ALL POWERS AND DUTIES CEDED TO THE
AUTHORITY AT THE END OF A FLOOD EVENT, AS DETERMINED BY THE AUTHORITY,
OR UPON THE RELINQUISHMENT BY THE AUTHORITY.
9. THE AUTHORITY SHALL HAVE THE POWER TO COORDINATE WITH AN AUTHORITY
ESTABLISHED PURSUANT TO TITLE EIGHT-A OF ARTICLE FIVE OF THIS CHAPTER.
FURTHER, THE AUTHORITY SHALL IMMEDIATELY, UPON MAKING A REQUEST TO ANY
SUCH AUTHORITY ESTABLISHED BY TITLE EIGHT-A OF ARTICLE FIVE OF THIS
CHAPTER, ASSUME ALL DUTIES AND POWERS OF SUCH AUTHORITY ESTABLISHED BY
SUCH TITLE RELATED TO THE EFFECTUATION OF THE GENERAL DUTIES AND POWERS
ENUMERATED IN THIS TITLE IN ORDER TO MITIGATE FLOOD EVENTS IN THE OSWEGO
RIVER BASIN, INCLUDING BUT NOT LIMITED TO THE CONTROL, OPERATION, MAIN-
TENANCE, AND ADJUSTMENT OF WATER LEVELS OF ALL RESERVOIRS, DAMS OR OTHER
FLOOD MITIGATION STRUCTURES OWNED OR OPERATED BY AN AUTHORITY ESTAB-
LISHED BY TITLE EIGHT-A OF ARTICLE FIVE OF THIS CHAPTER. AN AUTHORITY
ESTABLISHED BY TITLE EIGHT-A OF ARTICLE FIVE OF THIS CHAPTER SHALL
REGAIN ALL POWERS AND DUTIES CEDED TO THE AUTHORITY AT THE END OF A
FLOOD EVENT, AS DETERMINED BY THE AUTHORITY, OR UPON THE RELINQUISHMENT
BY THE AUTHORITY.
§ 2799-GGGGG. OSWEGO RIVER BASIN ADVISORY COMMITTEE. 1. THERE IS HERE-
BY ESTABLISHED WITHIN THE AUTHORITY THE OSWEGO RIVER BASIN ADVISORY
COMMITTEE (HEREINAFTER REFERRED TO AS "THE COMMITTEE"), CONSISTING OF
TWENTY-ONE MEMBERS TO ADVISE THE CHAIR OF THE AUTHORITY ON MATTERS
RELATING TO THE STATE'S ROLE IN MANAGING THE OSWEGO RIVER BASIN, INCLUD-
ING BUT NOT LIMITED TO REGIONAL AND FEDERAL ACTIVITIES AIMED AT REGULAT-
ING THE FLOW OF WATER, FLOOD MITIGATION, THE COORDINATION OF EMERGENCY
FLOOD RESPONSE, DOMESTIC, MUNICIPAL, INDUSTRIAL AND AGRICULTURAL WATER
SUPPLIES, NAVIGATION, HYDROELECTRIC POWER AND ENERGY PRODUCTION, RECRE-
ATION, FISH AND WILDLIFE HABITAT AND A BALANCED ECOSYSTEM.
2. THE COMMITTEE SHALL:
(A) ADVISE THE CHAIR OF THE AUTHORITY ON THE CREATION, IMPLEMENTATION
AND MODIFICATION TO THE DRAFT OSWEGO RIVER BASIN MANAGEMENT PLAN AND THE
OSWEGO RIVER BASIN MANAGEMENT PLAN AS DEVELOPED PURSUANT TO SECTION
TWENTY-SEVEN HUNDRED NINETY-NINE-EEEEE OF THIS TITLE;
(B) ADVISE THE MEMBERS OF THE OSWEGO RIVER BASIN INTERGOVERNMENTAL
COUNCIL, AS ESTABLISHED PURSUANT TO SECTION TWENTY-SEVEN HUNDRED NINE-
TY-NINE-HHHHH, AS NEEDED; AND
(C) ANNUALLY IDENTIFY SPECIFIC RESEARCH OR PROGRAM NEEDS FOR FUNDING
FROM STATE, FEDERAL, PRIVATE OR OTHER SOURCES. SUCH ANNUAL PROGRAM, WITH
AS MUCH DETAIL ON THE SCOPE AND EXPECTATIONS OF EACH PROJECT AS IS PRAC-
TICAL, SHALL BE SUBMITTED TO THE AUTHORITY, WHICH SHALL SELECT SPECIFIC
PROJECTS FROM THE PROGRAM, RECOMMENDED BY THE COMMITTEE, AND SHALL
FURNISH THE GOVERNOR AND THE DIRECTOR OF THE DIVISION OF THE BUDGET SUCH
ESTIMATES AND INFORMATION FOR INCLUSION IN THE BUDGET OF THE STATE.
3. THE GOVERNOR SHALL APPOINT NINE MEMBERS TO THE COMMITTEE, WITH ONE
MEMBER REPRESENTING AN INSTITUTION THAT PERFORMS RESEARCH ON THE ISSUES
AND THE PROBLEMS OF THE OSWEGO RIVER BASIN, ONE MEMBER REPRESENTING A
S. 7649 10
LABOR UNION WHOSE MEMBERS DERIVE THEIR LIVELIHOOD FROM THE OSWEGO RIVER
BASIN, THREE MEMBERS REPRESENTING ENVIRONMENTAL OR CONSERVATION ORGAN-
IZATIONS WITH INTERESTS IN THE OSWEGO RIVER BASIN, TWO MEMBERS REPRES-
ENTING BUSINESS ORGANIZATIONS WHOSE COMMERCIAL INTEREST LIES IN ACTIV-
ITIES IN OR AROUND THE OSWEGO RIVER BASIN, ONE MEMBER REPRESENTING A
MUNICIPALITY WHOLLY OR PARTIALLY CONTAINED WITHIN THE OSWEGO RIVER BASIN
AND ONE MEMBER REPRESENTING A COUNTY HAVING A POPULATION OF FOUR HUNDRED
FIFTY THOUSAND PEOPLE OR MORE WHOLLY OR PARTIALLY CONTAINED WITHIN THE
OSWEGO RIVER BASIN. THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAK-
ER OF THE ASSEMBLY SHALL EACH APPOINT TWO MEMBERS WHO HAVE A DEMON-
STRATED KNOWLEDGE IN OSWEGO RIVER BASIN ISSUES. THE CHAIR OF THE AUTHOR-
ITY, THE COMMISSIONERS OF THE DEPARTMENTS OF ENVIRONMENTAL CONSERVATION,
HEALTH, TRANSPORTATION, AND ECONOMIC DEVELOPMENT, THE DIRECTOR OF THE
CANAL CORPORATION, THE CHAIR OF THE POWER AUTHORITY OF THE STATE OF NEW
YORK AND THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMER-
GENCY SERVICES OR THEIR DESIGNATED REPRESENTATIVE SHALL BE EX-OFFICIO
MEMBERS. THE APPOINTED MEMBERS OF THE COMMITTEE SHALL SERVE TERMS OF
THREE YEARS, PROVIDED, HOWEVER, THAT OF THE MEMBERS FIRST APPOINTED BY
THE GOVERNOR, THREE MEMBERS SHALL BE APPOINTED FOR A TERM OF THREE
YEARS, THREE MEMBERS SHALL BE APPOINTED FOR A TERM OF TWO YEARS AND
THREE MEMBERS SHALL BE APPOINTED FOR A TERM OF ONE YEAR. AN APPOINTMENT
TO FILL A VACANCY SHALL BE MADE FOR THE REMAINDER OF THE AFFECTED TERM
IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT WAS MADE. SUCH APPOINT-
MENT SHALL BE MADE WITHIN SIXTY DAYS OF THE DATE THE POSITION BECOMES
VACANT. MEMBERS SHALL SERVE UNTIL THEIR SUCCESSOR HAS BEEN APPOINTED.
4. THE ADVISORY COMMITTEE SHALL MEET FOR THE FIRST TIME WITHIN ONE
HUNDRED EIGHTY DAYS AFTER THE CREATION OF THE AUTHORITY PURSUANT TO THIS
TITLE, AND THEREAFTER SHALL MEET A MINIMUM OF THREE TIMES ANNUALLY.
5. ADVISORY COMMITTEE MEMBERS SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES, BUT SHALL BE REIMBURSED FOR THEIR ACTUAL AND NECESSARY
EXPENSES INCURRED DURING THE PERFORMANCE OF THEIR DUTIES.
6. THE COMMITTEE SHALL SUBMIT A REPORT BY THE FIRST OF JANUARY NEXT
SUCCEEDING THE DATE THIS SECTION SHALL TAKE EFFECT AND ANNUALLY THERE-
AFTER TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE SENATE. SUCH REPORT SHALL INCLUDE AN EVALUATION OF THE
PROBLEMS AND CONDITIONS OF THE OSWEGO RIVER BASIN, RECOMMENDATIONS FOR
THE AUTHORITY AND LEGISLATIVE RECOMMENDATIONS.
7. THE COMMITTEE SHALL DEVELOP A COMMUNICATION PLAN FOR HIGH FLOW AND
FLOOD FLOW EVENTS AND SUBMIT SUCH PLAN AND RECOMMENDATIONS TO IMPLEMENT
SUCH PLAN TO THE AUTHORITY, THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY
AND THE TEMPORARY PRESIDENT OF THE SENATE. FURTHER, THE AUTHORITY SHALL
MAKE SUCH COMMUNICATION PLAN AVAILABLE ON THE WEBSITE OF THE AUTHORITY
AND SHARE SUCH COMMUNICATION PLAN WITH OTHER STATE ENTITIES WHEN
REQUESTED.
§ 2799-HHHHH. OSWEGO RIVER BASIN INTERGOVERNMENTAL COUNCIL. 1. THE
AUTHORITY MAY ESTABLISH, BY THE PASSAGE OF A RESOLUTION, AN OSWEGO RIVER
BASIN INTERGOVERNMENTAL COUNCIL (HEREINAFTER REFERRED TO AS "THE COUN-
CIL") WHICH SHALL CONSIST OF MEMBERS FROM ANY COUNTY, CITY, TOWN,
VILLAGE, SCHOOL DISTRICT, LOCAL POLICE DEPARTMENT, STATE ENTITY, A HOLD-
ER OF A LICENSE ISSUED UNDER THE FEDERAL POWER ACT, LAKE ASSOCIATION OR
PRIVATE ENTITY, OR ANY COMBINATION THEREOF, OPERATING OR CONTAINED WHOL-
LY OR PARTIALLY WITHIN THE OSWEGO RIVER BASIN. SUCH ESTABLISHMENT OF A
COUNCIL SHALL EFFECTUATE THE IMPLEMENTATION OF THE AUTHORITY'S GENERAL
DUTIES OR POWERS AND IMPROVE COORDINATION OR COMMUNICATION WITH PUBLIC
AND PRIVATE ENTITIES WHICH ARE WHOLLY OR PARTIALLY CONTAINED OR OPERATE
WITHIN THE OSWEGO RIVER BASIN OR OTHERWISE IMPROVE FLOOD MITIGATION
S. 7649 11
EFFORTS IN THE OSWEGO RIVER BASIN. WHEN AN OSWEGO RIVER BASIN INTERGOV-
ERNMENTAL COUNCIL IS ESTABLISHED, SUCH COUNCIL SHALL HAVE THE POWER TO:
(A) MAKE SURVEYS AND STUDIES AND CONDUCT RESEARCH PROGRAMS TO AID IN
THE SOLUTION OF LOCAL FLOOD MITIGATION PROBLEMS AND IN EFFORTS TO
IMPROVE AUTHORITY ADMINISTRATION AND SERVICES;
(B) PROVIDE FOR THE DISTRIBUTION OF INFORMATION RESULTING FROM SUCH
SURVEYS, STUDIES AND PROGRAMS CREATED, ESTABLISHED OR PRODUCED BY THE
AUTHORITY OR THE COUNCIL;
(C) CONSULT AND COOPERATE WITH APPROPRIATE STATE, MUNICIPAL AND PUBLIC
OR PRIVATE AGENCIES IN MATTERS AFFECTING THE POWERS AND DUTIES OF THE
AUTHORITY; AND
(D) DEVISE RECOMMENDATIONS FOR OBTAINING GREATER ECONOMY AND EFFICIEN-
CY IN THE PLANNING AND PROVISION OF AUTHORITY SERVICES AND PROVIDE SUCH
RECOMMENDATIONS TO THE AUTHORITY.
2. WHEN A COUNCIL IS ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, THE MEMBERS OF THE COUNCIL SHALL ADOPT BY-LAWS TO GOVERN ITS
ACTIVITIES. THE CHAIR OF THE AUTHORITY SHALL BE THE CHAIR OF THE COUN-
CIL ESTABLISHED BY THIS SECTION AND SHALL APPOINT MEMBERS TO THE COUN-
CIL. SUCH CHAIR SHALL SELECT FROM THE MEMBERS A SECRETARY AND OTHER
NECESSARY OFFICERS TO SERVE FOR SUCH PERIOD AS THE MEMBERS SHALL AGREE.
3. THE AUTHORITY SHALL PROVIDE THE COUNCIL WITH SUCH FACILITIES,
ASSISTANCE AND DATA AS NECESSARY TO ASSIST THE COUNCIL TO CARRY OUT ITS
DUTIES. ADDITIONALLY, ALL OTHER AGENCIES OF THE STATE OR SUBDIVISIONS
THEREOF MAY, AT THE REQUEST OF THE CHAIR, PROVIDE THE COUNCIL WITH SUCH
ASSISTANCE AND DATA AS IS NECESSARY FOR THE COUNCIL TO CARRY OUT ITS
DUTIES.
§ 2799-IIIII. ACQUISITION OF REAL ESTATE. 1. THE AUTHORITY SHALL,
SUBJECT TO THE PROVISIONS OF THIS SECTION, HAVE THE RIGHT TO CONDEMN FOR
THE USE OF THE AUTHORITY ANY REAL ESTATE WHICH IS DETERMINED TO BE
NECESSARY FOR THE PURPOSE OF CARRYING OUT ANY PROVISIONS OF THIS TITLE.
IT MAY ACQUIRE TITLE TO SUCH REAL ESTATE BY AGREEMENT WITH THE OWNER OF
SUCH REAL ESTATE AND UPON PAYMENT THEREFOR OF THE AMOUNT OF COMPENSATION
TO BE PAID TO SUCH OWNER. ADDITIONALLY, THE AUTHORITY MAY ACQUIRE TITLE
TO REAL ESTATE BY AGREEMENT WITH THE OWNER OF SUCH REAL ESTATE AND UPON
PAYMENT THEREFOR OF THE AMOUNT OF COMPENSATION TO BE PAID SUCH OWNER FOR
THE PURPOSE OF RESTORING A DISCONNECTED FLOODPLAIN IN THE OSWEGO RIVER
BASIN.
2. IF ANY REAL ESTATE BELONGING TO ANY COUNTY, CITY, TOWN, VILLAGE OR
SCHOOL DISTRICT IS REQUIRED FOR THE PURPOSES OF THIS TITLE, THE COUNTY
LEGISLATIVE BODY FOR SUCH COUNTY, THE MAYOR AND COMMON COUNCIL OR
GOVERNING BODY FOR SUCH CITY, THE TOWN AUTHORITY FOR SUCH TOWN, THE
VILLAGE AUTHORITY FOR SUCH VILLAGE, THE TRUSTEES OR AUTHORITY OF EDUCA-
TION OF ANY SCHOOL DISTRICT FOR SUCH AUTHORITY, OR ANY PERSONS, BODY OR
BODIES, HAVING A LIKE POWER, ACTING FOR A PUBLIC CORPORATION MAY GRANT
OR SURRENDER SUCH REAL ESTATE FOR SUCH COMPENSATION AS MAY BE AGREED
UPON BY SUCH OFFICIAL REPRESENTATIVES AND THE AUTHORITY. THE COMPEN-
SATION AGREED UPON AS THUS PROVIDED SHALL BE PAID TO THE FISCAL OFFICER
OF THE PUBLIC CORPORATION OR THE PERSON OR PERSONS FROM WHOM SUCH REAL
ESTATE IS ACQUIRED.
3. IF THE AUTHORITY CANNOT AGREE WITH THE OWNER UPON THE COMPENSATION
AND DAMAGES TO BE PAID FOR THE REAL ESTATE SO ACQUIRED, IT SHALL SERVE
UPON SUCH OWNER A NOTICE THAT SUCH REAL ESTATE DESCRIBED THEREIN HAS
BEEN ACQUIRED BY THE AUTHORITY FOR THE PURPOSES OF THIS TITLE, AND SHALL
PROCEED TO ACQUIRE TITLE OF SUCH REAL ESTATE UNDER THE PROVISIONS OF THE
EMINENT DOMAIN PROCEDURE LAW.
S. 7649 12
4. IF ANY REAL PROPERTY, OWNED BY A CORPORATION HAVING THE POWER BY
LAW TO EXERCISE THE RIGHT OF EMINENT DOMAIN, IS ACQUIRED PURSUANT TO THE
EMINENT DOMAIN PROCEDURE LAW, THE AUTHORITY SHALL HAVE NO RIGHT TO ENTER
UPON AND TAKE POSSESSION OF ANY SUCH REAL ESTATE UNTIL THE OWNER THEREOF
SHALL HAVE BEEN PAID OR TENDERED THE AMOUNT DUE UNDER THE FINAL ORDER
AND JUDGMENT IN SUCH PROCEEDINGS, WITH INTEREST.
5. IF ANY SUCH PAYMENTS ARE MADE DIRECTLY BY THE AUTHORITY, THE AMOUNT
SO PAID SHALL BE REFUNDED TO THE AUTHORITY OUT OF THE GENERAL FUND OF
THE AUTHORITY, AS PROVIDED IN SUBDIVISION SEVEN OF SECTION TWENTY-SEVEN
HUNDRED NINETY-NINE-SSSSS OF THIS TITLE.
6. TITLE TO ALL REAL ESTATE ACQUIRED PURSUANT TO THE PROVISIONS OF
THIS TITLE, EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, SHALL BE ACQUIRED
IN THE NAME OF THE STATE OF NEW YORK, AND WHEN SO ACQUIRED SHALL BE
DEEMED TO BE ACQUIRED FOR PUBLIC USE.
7. ALL REAL ESTATE ACQUIRED OR TAKEN PURSUANT TO THE PROVISIONS OF
THIS TITLE SHALL BE HEREBY DEDICATED TO THE USE AND PURPOSES FOR WHICH
IT IS SO TAKEN, AND THE RIGHT, TITLE AND INTEREST ACQUIRED BY THE STATE
THEREIN SHALL BE SO ACQUIRED SUBJECT TO SUCH USE AND PURPOSES.
§ 2799-JJJJJ. DISCONTINUANCE OR RELOCATION, OR BOTH, OF HIGHWAYS,
ROADS AND STREETS. 1. IF THE AUTHORITY SHALL DEEM IT NECESSARY TO
DISCONTINUE A PUBLIC HIGHWAY, ROAD OR STREET, OR A PART THEREOF, BECAUSE
OF ITS INTERFERENCE WITH THE PROPER LOCATION OF A RESERVOIR, DAM OR
OTHER FLOOD MITIGATION STRUCTURE, OR OTHER FACILITY OR STRUCTURE NECES-
SARY FOR THE EFFECTUATION OF THE DUTIES OF THE AUTHORITY, FOR WHICH
PRELIMINARY PLANS SHALL HAVE BEEN ADOPTED AS PROVIDED IN THIS TITLE OR
BECAUSE OF ITS INTERFERENCE WITH THE EFFECTUATION OF THE DUTIES OF THE
AUTHORITY ESTABLISHED BY THIS TITLE, IT MAY DISCONTINUE SUCH PUBLIC
HIGHWAY, ROAD OR STREET. IF THE AUTHORITY SHALL DETERMINE THAT PUBLIC
INTEREST SO REQUIRES, IT MAY RELOCATE SUCH HIGHWAY, ROAD OR STREET, OR
THE PART BEING DISCONTINUED, ALONG A COURSE, OR IF DISCONTINUED DUE TO
INTERFERENCE WITH A RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE,
WHOLLY OR PARTLY WITHIN OR WITHOUT THE HIGH FLOW LINE OF SUCH RESERVOIR,
DAM OR OTHER FLOOD MITIGATION STRUCTURE, AND ACQUIRE, WITH FUNDS OF THE
AUTHORITY APPLICABLE TO THE EXPENSE OF SUCH RESERVOIR, DAM OR OTHER
FLOOD MITIGATION STRUCTURE, IN THE MANNER PROVIDED IN SECTION TWENTY-
SEVEN HUNDRED NINETY-NINE-IIIII OF THIS TITLE, THE NECESSARY RIGHTS OF
WAY OR EASEMENTS FOR SUCH RELOCATED PART, OR IN LIEU OF SUCH A RELO-
CATION, MAY ESTABLISH NEW HIGHWAYS TO CONNECT WITH THEN EXISTING HIGH-
WAYS, ROADS OR STREETS, TO AFFORD A SUBSTANTIAL EQUIVALENT, FOR PURPOSES
OF HIGHWAY TRAFFIC, OF SUCH A RELOCATION. THE DETERMINATION OF THE
AUTHORITY TO RELOCATE OR ESTABLISH ANY SUCH HIGHWAY, ROAD OR STREET
SHALL BE BY RESOLUTION, SETTING FORTH A DESCRIPTION OF THE COURSE OF
SUCH HIGHWAY, ROAD OR STREET, A CERTIFIED COPY OF WHICH SHALL BE FILED
IN THE OFFICE OF THE CLERK OF EACH CITY, TOWN AND VILLAGE CONTAINING ANY
PART OF THE RELOCATED OR NEW HIGHWAY, ROAD OR STREET AND SHALL BE MADE
AVAILABLE ON THE AUTHORITY'S WEBSITE. IF THE HIGHWAY, OR PART THEREOF,
SO ESTABLISHED OR RELOCATED SHALL BE A STATE OR COUNTY HIGHWAY, THE
RESOLUTION SHALL NOT BE EFFECTIVE UNTIL APPROVED BY THE COMMISSIONER OF
TRANSPORTATION AND WITH SUCH COMMISSIONER'S WRITTEN APPROVAL APPENDED
THERETO. FROM THE TIME OF THE FILING OF SUCH COPY OR COPIES OF THE
RESOLUTION, THE RELOCATED OR CONNECTING HIGHWAY SHALL BE DEEMED DULY
LAID OUT.
2. AFTER HAVING ACQUIRED THE NECESSARY RIGHTS OF WAY OR EASEMENTS
THEREFOR, THE AUTHORITY, WITH ITS FUNDS, SHALL CONSTRUCT SUCH RELOCATED
OR CONNECTING HIGHWAY, ROAD OR STREET, OR PART THEREOF. IF THE HIGHWAY,
OR PART THEREOF, WHICH IS DISCONTINUED, IS A STATE OR COUNTY HIGHWAY, OR
S. 7649 13
PART THEREOF, THE CONSTRUCTION OF THE RELOCATED OR CONNECTING HIGHWAY
SHALL BE IN ACCORDANCE WITH PLANS APPROVED BY THE COMMISSIONER OF TRANS-
PORTATION. IF THE HIGHWAY, OR PART THEREOF, WHICH IS DISCONTINUED IS A
COUNTY ROAD, OR PART THEREOF, THE CONSTRUCTION OF THE RELOCATED OR
CONNECTING HIGHWAY SHALL BE IN ACCORDANCE WITH PLANS APPROVED BY THE
COUNTY SUPERINTENDENT OF HIGHWAYS. IN THE CASE OF ANY OTHER HIGHWAY,
ROAD OR STREET, THE AUTHORITY SHALL CONSTRUCT THE SAME SO AS TO MAKE IT
CONFORM IN KIND AND QUALITY GENERALLY TO THE DISCONTINUED HIGHWAYS,
ROADS AND STREETS.
3. THE CONTROL AND MAINTENANCE OF THE RELOCATED OR CONNECTING HIGHWAY,
STREET OR ROAD, AFTER ITS COMPLETION, SHALL VEST IN THE LOCAL AUTHORI-
TIES OF THE CITY, TOWN OR VILLAGE, IN WHICH SUCH HIGHWAY, STREET OR ROAD
OR ANY PART THEREOF IS SITUATED, AND FOR SUCH PURPOSE IT SHALL BE DEEMED
A HIGHWAY, ROAD OR STREET OF THE CITY, TOWN OR VILLAGE, EXCEPT THAT IF
THE HIGHWAY OR ROAD WHICH WAS DISCONTINUED, OR THE PART THEREOF DISCON-
TINUED, WAS A STATE OR COUNTY HIGHWAY, OR COUNTY ROAD, THE CONTROL AND
MAINTENANCE OF THE RELOCATED OR CONNECTING HIGHWAY OR ROAD SHALL VEST IN
THE STATE OR COUNTY AUTHORITIES HAVING CHARGE OF THE DISCONTINUED HIGH-
WAY OR ROAD, AND FOR SUCH PURPOSE IT SHALL BE DEEMED A STATE OR COUNTY
HIGHWAY, OR COUNTY ROAD, AS THE CASE MAY BE.
§ 2799-KKKKK. TAXATION OF REAL ESTATE. LANDS OWNED BY THE STATE AND
ACQUIRED PURSUANT TO THE PROVISIONS OF THIS TITLE, EXCLUSIVE OF THE
IMPROVEMENTS ERECTED THEREON BY THE AUTHORITY, SHALL BE ASSESSED AND
TAXED IN THE SAME MANNER AS STATE LANDS SUBJECT TO TAXATION PURSUANT TO
TITLE TWO OF ARTICLE FIVE OF THE REAL PROPERTY TAX LAW. PROVIDED, HOWEV-
ER, THAT THE AGGREGATE ASSESSED VALUATIONS OF SUCH LANDS IN ANY CITY,
TOWN, OR VILLAGE SHALL NOT BE REDUCED BELOW THE AGGREGATE ASSESSED VALU-
ATIONS THEREOF WITH THE IMPROVEMENTS THEREON AT THE TIME OF THEIR ACQUI-
SITION BY THE AUTHORITY, AND PROVIDED FURTHER THAT IN CASE OF A GENERAL
INCREASE IN ASSESSMENTS IN ANY CITY, TOWN, OR VILLAGE THE ASSESSED VALU-
ATIONS OF THE LANDS AND IMPROVEMENTS AT THE TIME OF THEIR ACQUISITION BY
THE AUTHORITY SHALL BE DEEMED TO HAVE BEEN INCREASED PROPORTIONATELY
WITH THE INCREASE OF OTHER REAL PROPERTY IN SUCH TAX DISTRICT.
§ 2799-LLLLL. CEMETERIES. 1. FOR THE PURPOSES OF THIS TITLE, WHENEVER
IT SHALL BE NECESSARY TO USE ANY PORTION OF ANY LANDS OR PREMISES NOW
OCCUPIED BY GRAVES, BURIAL PLACES, CEMETERIES, OR OTHER PLACES OF INTER-
MENT OF HUMAN REMAINS, THE AUTHORITY MAY ACQUIRE SUCH LANDS OR PREMISES
IN THE SAME MANNER AS OTHER REAL ESTATE MAY BE ACQUIRED PURSUANT TO THIS
TITLE. PROVIDED, HOWEVER, THAT IF LANDS OR PREMISES SO OCCUPIED AND
SOUGHT TO BE ACQUIRED ARE NOT WITHIN A CEMETERY UNDER THE ACTUAL CONTROL
AND MANAGEMENT OF A THEN EXISTING RELIGIOUS OR CEMETERY CORPORATION, AND
PROCEEDINGS SHALL HAVE BEEN INSTITUTED BY THE AUTHORITY FOR THEIR ACQUI-
SITION UNDER THE EMINENT DOMAIN PROCEDURE LAW, THE COURT, IF SATISFIED
AT ANY STAGE OF THE PROCEEDINGS THAT THE PUBLIC INTERESTS WILL BE PREJU-
DICED BY DELAY, SHALL, BY ORDER, DIRECT THAT THE AUTHORITY MAY ENTER
IMMEDIATELY ON SUCH LANDS AND PREMISES, AND, AFTER THE PROVISIONS OF
SUBDIVISIONS FOUR, FIVE, SIX, SEVEN AND EIGHT OF THIS SECTION AND
SECTIONS THREE HUNDRED FOUR AND FOUR HUNDRED FOUR OF THE EMINENT DOMAIN
PROCEDURE LAW HAVE BEEN COMPLIED WITH, MAY DEDICATE THE SAME TO THE
PUBLIC USE SPECIFIED IN THE PETITION, UPON DEPOSIT WITH THE COURT OF A
SUM TO BE FIXED BY THE COURT, BUT NO SUCH ORDER SHALL BE MADE EXCEPT
UPON NOTICE OF THE APPLICATION THEREFOR SERVED AND POSTED AS HEREINAFTER
PROVIDED.
2. SUCH NOTICE SHALL BE SERVED PURSUANT TO THE PROVISIONS OF THIS
SUBDIVISION. IF ANY OF THE OWNERS OR THEIR PLACES OF RESIDENCE ARE
UNKNOWN, NOTICE ADDRESSED, GENERALLY, TO ALL OWNERS OF AND PERSONS
S. 7649 14
INTERESTED IN THE LANDS USED FOR GRAVES, BURIAL PLACES, CEMETERY
PURPOSES OR PLACES OF INTERMENT WITHIN A CERTAIN LOT, TRACT OR PARCEL OF
LAND, TO BE DESCRIBED WITH SUFFICIENT CERTAINTY TO IDENTIFY IT, SHALL BE
PUBLISHED IN THE TIME AND MANNER PRESCRIBED BY SUBDIVISIONS FOUR, FIVE,
SIX, SEVEN AND EIGHT OF THIS SECTION WITH RESPECT TO THE NOTICE THEREIN
PROVIDED FOR. OWNERS, IF ANY, WHOSE NAMES AND PLACES OF RESIDENCE ARE
KNOWN AND WHO RESIDE WITHIN THE STATE, SHALL BE SERVED WITH SUCH NOTICE
PERSONALLY OR BY LEAVING THE NOTICE AT THE ABODE OF THE OWNER TO BE
SERVED, WITH A PERSON OF SUITABLE AGE AND DISCRETION RESIDING THEREIN.
OWNERS, IF ANY, WHOSE NAMES AND PLACES OF RESIDENCE ARE KNOWN AND WHO
RESIDE OUT OF STATE, SHALL BE SERVED WITH SUCH NOTICE BY MAIL, THE
NOTICE TO BE DEPOSITED IN A POST OFFICE IN THE STATE, ADDRESSED TO THE
OWNER TO BE SERVED, AND ENCLOSED IN A SECURELY SEALED POSTPAID ENVELOPE.
THE NOTICE ALSO SHALL BE POSTED CONSPICUOUSLY IN TEN PLACES IN EACH
CITY, TOWN, OR VILLAGE IN WHICH THE LANDS ARE LOCATED, AT LEAST TWENTY
DAYS BEFORE THE TIME OF MAKING THE APPLICATION. IF THE NOTICE IS
PUBLISHED, THE TIME FOR MAKING THE APPLICATION SHALL BE NOT LESS THAN
EIGHT DAYS NOR MORE THAN SIXTEEN DAYS AFTER THE LAST PUBLICATION, AND IN
ANY CASE PERSONAL SERVICE, IF ANY, OR SERVICE BY LEAVING AT THE OWNER'S
ABODE, SHALL BE MADE AT LEAST EIGHT DAYS, AND SERVICE BY MAIL, IF ANY,
AT LEAST THIRTY DAYS, BEFORE THE TIME OF MAKING THE APPLICATION. IF, IN
THE CONDEMNATION PROCEEDING, AN ATTORNEY HAS BEEN APPOINTED BY THE COURT
TO REPRESENT DEFENDANTS SERVED WITH THE ORIGINAL NOTICE BY METHOD OTHER
THAN IN-PERSON, UNDER THE EMINENT DOMAIN PROCEDURE LAW, THE NOTICE ALSO
SHALL BE SERVED ON HIM OR HER, AT LEAST EIGHT DAYS BEFORE THE TIME OF
MAKING THE APPLICATION.
3. THE NOTICE SHALL SPECIFY THE RELIEF SOUGHT AND THE TIME AND PLACE
OF MAKING THE APPLICATION. THE PAPERS OR PROOFS SUBMITTED TO THE COURT
ON THE APPLICATION SHALL INCLUDE DUE PROOFS OF THE SERVICE AND POSTING
OF THE NOTICE AND PROOF, BY AFFIDAVIT, THAT THE PERSONS, IF ANY, SERVED
PERSONALLY OR BY LEAVING AT THEIR ABODES OR BY MAIL CONSTITUTE ALL OF
THE OWNERS OF AND PERSONS INTERESTED IN THE LANDS SO OCCUPIED WHOSE
NAMES AND PLACES OF RESIDENCE ARE KNOWN, OR, IF NONE WERE SO SERVED,
THAT ALL OF THE OWNERS ARE UNKNOWN, AND IF CERTAIN OWNERS WERE KNOWN BUT
NOT THEIR PLACES OF RESIDENCE, AND THEREFORE WERE NOT SERVED, PERSONALLY
OR BY MAIL, THAT FACT AND THE NAMES OF SUCH OWNERS SHALL BE STATED. SUCH
AFFIDAVIT SHALL ALSO SET FORTH THE EXTENT OF THE INQUIRY TO ASCERTAIN
THE NAMES AND PLACES OF RESIDENCE OF THE OWNERS. THE PROVISIONS OF THE
EMINENT DOMAIN PROCEDURE LAW APPLICABLE SUBSEQUENT TO THE DEPOSIT OF
SUCH MONEYS SHALL APPLY HERETO, EXCEPT THAT THE GENERAL FUND OF THE
AUTHORITY SHALL BE LIABLE FOR THE PAYMENT OF ANY DEFICIENCY JUDGMENT
RENDERED PURSUANT TO SUCH SECTION.
4. ONCE THE AUTHORITY HAS ACQUIRED TITLE, OR THE RIGHT OF IMMEDIATE
ENTRY TO REAL ESTATE, THE AUTHORITY SHALL PUBLISH IN TWO NEWSPAPERS IN
THE COUNTY WHERE SUCH BURIAL PLACE, CEMETERY OR GRAVES ARE SITUATED,
WHICH SHALL IN ITS JUDGMENT BE BEST CALCULATED TO NOTIFY THE PERSONS OR
PARTIES INTERESTED OR ENTITLED TO SUCH NOTICE, WHICH NOTICE SHALL
DESCRIBE THE LOCATION OF SUCH BURIAL PLACE, CEMETERY OR GRAVE IN SUCH
MANNER AS TO SUFFICIENTLY IDENTIFY THE SAME. SUCH PUBLICATION SHALL BE
MADE ONCE IN EACH WEEK IN EACH OF THE NEWSPAPERS FOR A PERIOD OF FOUR
WEEKS, AND SUCH NOTICE SHALL ALSO CONTAIN A STATEMENT TO THE EFFECT THAT
ANY PERSON OR PERSONS LEGALLY ENTITLED TO DIRECT AS TO THE DISPOSITION
OF ANY SUCH REMAINS MAY REMOVE THE SAME TO ANY OTHER CEMETERY OR BURIAL
PLACE WITHIN SIXTY DAYS AFTER THE LAST PUBLICATION OF SUCH NOTICE, IF
THEY SO ELECT, BUT WITHOUT EXPENSE TO THE AUTHORITY THEREFOR. FROM AND
AFTER THE PERIOD OF SIXTY DAYS FROM THE LAST DATE OF PUBLICATION, THE
S. 7649 15
AUTHORITY SHALL ADVERTISE IN A NEWSPAPER PUBLISHED IN THE COUNTY OR
COUNTIES IN WHICH THE CEMETERY OR CEMETERIES ARE SITUATED FOR BIDS FOR
THE REMOVAL OF SUCH REMAINS BY CONTRACT AND THEIR PROPER REINTERMENT.
5. ALL REMOVALS AND TRANSPORTATION OF SUCH HUMAN REMAINS SHALL BE DONE
IN ACCORDANCE WITH THE PROVISIONS OF THE PUBLIC HEALTH LAW AND THE LOCAL
RULES OR ORDINANCES OF ANY TOWN, CITY OR VILLAGE WHEREIN SUCH CEMETERY,
BURIAL GROUND OR GRAVES SHALL BE LOCATED OR WHEREIN ANY OF SUCH REMAINS
MAY BE REINTERRED. THE AUTHORITY MAY ACQUIRE SUCH OTHER LANDS AS IT
DEEMS NECESSARY WITHIN THE COUNTY OR IN AN ADJOINING COUNTY WHERE SUCH
BURIAL PLACE, CEMETERY OR GRAVES ARE NOW LOCATED FOR THE PURPOSE OF
PROPERLY REINTERRING SUCH REMOVED REMAINS, WHICH LANDS SHALL BE ACQUIRED
IN THE SAME MANNER AS PROVIDED BY THIS TITLE FOR THE ACQUISITION OF REAL
ESTATE, AND TITLE SHALL BE TAKEN IN THE NAME OF THE AUTHORITY PURSUANT
TO THE REQUIREMENTS OF THIS TITLE, BUT LANDS SHALL NOT BE ACQUIRED WITH-
IN THE CORPORATE LIMITS OF A VILLAGE OR CITY EXCEPT WITHIN THE BOUNDS OF
AN EXISTING CEMETERY UNLESS BY CONSENT OF THE AUTHORITY OF TRUSTEES OF
THE VILLAGE OR COMMON COUNCIL OF THE CITY OR OTHER AUTHORITIES WITHIN
SUCH VILLAGE OR CITY OCCUPYING SIMILAR POSITIONS AS TRUSTEES OR ALDER-
MEN, RESPECTIVELY.
6. THE LANDS SO ACQUIRED SHALL BE SUITABLE AND PROPERLY FENCED OR
ENCLOSED, AND IN SUCH MANNER AS TO PERMIT PROPER INGRESS AND EGRESS
THERETO BEFORE THE FINAL COMPLETION AND PAYMENT FOR SUCH WORK, AND THE
EXPENSE THEREFOR SHALL BE INCLUDED WITHIN THE ESTIMATE AND CONTRACT FOR
SUCH REMOVAL. ALL BODIES REMOVED BY ORDER OF THE AUTHORITY SHALL, WHEN
DISTINGUISHABLE, BE ENCASED EACH IN A SEPARATE BOX OR COFFIN, AND EACH
MONUMENT, HEADSTONE, FOOTSTONE, SLAB OR OTHER DESIGNATION OR DISTIN-
GUISHING MARK SHALL BE PROPERLY REMOVED AND RESET AT THE GRAVE OF EACH
BODY AT THE TIME OF SUCH REINTERMENT. MEMBERS OF THE SAME FAMILY SHALL
BE INTERRED IN CONTIGUOUS GRAVES.
7. WHENEVER ANY PERSON OR PERSONS LEGALLY ENTITLED TO DIRECT AS TO THE
DISPOSITION OF ANY REMAINS NOW INTERRED IN SUCH CEMETERIES, BURYING
PLACE OR GRAVES SHALL REQUEST THE AUTHORITY, IN WRITING, TO REINTER SUCH
REMAINS IN ANY OTHER CEMETERY OR BURIAL PLOT, WITHIN THE SAME COUNTY
WHERE SUCH CEMETERY, BURIAL PLACE OR GRAVES SOUGHT TO BE REMOVED ARE
LOCATED OR IN AN ADJOINING COUNTY, THE AUTHORITY SHALL CAUSE SUCH
REMAINS TO BE INTERRED WHERE REQUESTED WITHIN THE SAME COUNTY OR IN AN
ADJOINING COUNTY, AND SHALL CAREFULLY AND PROPERLY REMOVE SUCH REMAINS
TO SUCH BURIAL PLOT AND PROPERLY REINTER THE SAME, BUT NO PAYMENT SHALL
BE MADE FOR A GRAVE OR GRAVES OR BURIAL PLOT FOR SUCH REINTERMENT OTHER
THAN THAT ACQUIRED BY THE AUTHORITY PURSUANT TO THIS TITLE. WHENEVER ANY
PERSON OR PERSONS LEGALLY ENTITLED TO DIRECT AS TO THE DISPOSITION OF
ANY HUMAN REMAINS EXHUMED OR TO BE EXHUMED FROM ANY CEMETERY, BURIAL
PLACE OR GRAVES AS HEREIN PROVIDED DESIRE TO REMOVE THE SAME FOR REIN-
TERMENT TO ANY BURIAL PLOT OR CEMETERY NOT WITHIN THE SAME COUNTY FROM
WHICH SUCH REMAINS WERE EXHUMED OR IN AN ADJOINING COUNTY AS HEREIN
PROVIDED, SUCH PERSON OR PERSONS SO ENTITLED TO DESIGNATE SUCH OTHER
BURIAL PLACE OR PLOT SHALL BE PERMITTED TO REMOVE SUCH EXHUMED REMAINS
FROM SUCH COUNTY, SUBJECT TO THE WRITTEN CONSENT OF THE AUTHORITY AND
THE PROVISIONS OF THE PUBLIC HEALTH LAW, AND THE LOCAL RULES OR ORDI-
NANCES OF ANY TOWN, CITY OR VILLAGE WHEREIN SUCH CEMETERY, BURIAL GROUND
OR GRAVES SHALL BE LOCATED, OR WHEREIN SUCH HUMAN REMAINS MAY BE REIN-
TERRED, BUT NO PORTION OF THE EXPENSE OF SUCH TRANSPORTATION OR BURIAL
IN ANOTHER COUNTY OTHER THAN AN ADJOINING COUNTY SHALL BE BORNE BY THE
AUTHORITY. THE AUTHORITY SHALL PAY ALL EXPENSES CONNECTED WITH SUCH
REMOVAL, OUT OF THE GENERAL FUND OF THE AUTHORITY IN THE SAME MANNER AS
OTHER PAYMENTS ARE MADE.
S. 7649 16
8. WHENEVER ANY LANDS ARE ACQUIRED BY THE AUTHORITY FOR THE PURPOSES
OF REINTERMENT OF HUMAN REMAINS, AND ALL THE REMAINS SO INTERRED HAVE
BEEN EXHUMED FROM A CEMETERY, BURIAL PLACE OR GRAVE BELONGING TO A
CORPORATION ORGANIZED UNDER THE RELIGIOUS CORPORATIONS LAW, THE MEMBER-
SHIP CORPORATIONS LAW, THE NOT-FOR-PROFIT CORPORATION LAW, OR BY SPECIAL
ACT, OR BELONGING TO A TOWN OR AUTHORITY OF TRUSTEES ELECTED PURSUANT TO
THE PROVISIONS OF THE TOWN LAW, OR TO A VILLAGE OR CITY, THE AUTHORITY
SHALL BY A PROPER RESOLUTION, AFTER COMPLETION AND ACCEPTANCE THEREOF
AND FINAL PAYMENT FOR ALL WORK PERFORMED AS PROVIDED IN THIS SECTION,
EXECUTE AND DELIVER IN THE NAME OF THE AUTHORITY, AND WITHOUT EXPENSE TO
THE GRANTEE THEREFOR, TO THE TRUSTEES OR OTHER GOVERNING BODY OF SUCH
CORPORATION, BY WHATSOEVER NAME OR TITLE THEY MAY HOLD OFFICE, OR TO THE
AUTHORITY OF TRUSTEES OF A TOWN BURIAL GROUND, OR TO A DULY INCORPORATED
CEMETERY ASSOCIATION, AND TO THEIR SUCCESSORS IN OFFICE, A QUITCLAIM
DEED COVERING THE LANDS SO ACQUIRED, TOGETHER WITH ALL STRUCTURES
ERECTED THEREON. WHERE SUCH LANDS WERE SO ACQUIRED FOR THE PURPOSES OF
REINTERMENT OF HUMAN REMAINS EXHUMED FROM A PUBLIC OR PRIVATE CEMETERY,
BURIAL PLACE OR GRAVE WHICH SHALL HAVE BEEN USED BY THE INHABITANTS OF
ANY TOWN IN THIS STATE AS A CEMETERY OR BURIAL GROUND FOR A PERIOD OF
FOURTEEN YEARS AND NOT HAVING AN AUTHORITY OF TRUSTEES PURSUANT TO THE
PROVISIONS OF THE TOWN LAW, THE AUTHORITY SHALL BY PROPER RESOLUTION,
AFTER COMPLETION AND ACCEPTANCE THEREOF, AND FINAL PAYMENT FOR ALL WORK
AS BY THIS SECTION PROVIDED, EXECUTE AND DELIVER IN THE NAME OF THE
AUTHORITY, AND WITHOUT EXPENSE TO THE GRANTEE THEREFOR, A QUITCLAIM DEED
OR OTHER PROPER RELEASE TO SUCH TOWN WHEREIN SUCH LANDS SO ACQUIRED AS
PROVIDED BY THIS SECTION MAY BE SITUATED, AND SUCH CEMETERY OR BURIAL
PLACE SHALL AT THE TIME OF AND AFTER THE EXECUTION AND DELIVERY THEREOF
BE DEEMED TO BE VESTED IN SUCH TOWN, AND SHALL BE SUBJECT IN THE SAME
MANNER AS OTHER CORPORATE PROPERTY OF TOWNS, TO THE GOVERNMENT AND
DIRECTION OF THE ELECTORS IN TOWN MEETING, EXCEPT, HOWEVER, THAT WHERE
SUCH LANDS SO ACQUIRED FOR THE PURPOSES SET FORTH IN THIS SECTION ARE
SITUATE WITHIN THE CORPORATE LIMITS OF A VILLAGE OR CITY, SUCH QUITCLAIM
DEED OR RELEASE HEREIN PROVIDED FOR SHALL BE EXECUTED AND DELIVERED TO
SUCH VILLAGE OR CITY AND THEREAFTER BE AND BECOME THE PROPERTY OF SUCH
VILLAGE OR CITY AND SUBJECT TO THE LAWS GOVERNING SUCH VILLAGE OR CITY.
FURTHER, THE AUTHORITY, SUBJECT TO THE APPROVAL OF THE TOWN AUTHORITY,
OR CITY OR VILLAGE AUTHORITIES HEREIN REFERRED TO, SHALL HAVE THE RIGHT
TO CONVEY SUCH LANDS SO ACQUIRED, TOGETHER WITH ALL STRUCTURES ERECTED
THEREON, TO A DULY INCORPORATED CEMETERY ASSOCIATION. ON AND AFTER THE
DATE OF THE EXECUTION AND DELIVERY BY THE AUTHORITY OF THE QUITCLAIM
DEED OR RELEASE, THE AUTHORITY SHALL BE DEEMED TO BE DIVESTED OF ALL
RIGHTS AND TITLE TO SUCH LANDS TRANSFERRED BY THE QUITCLAIM DEED OR
RELEASED AND SHALL THEREAFTER NOT BE LIABLE FOR THE CARE, CUSTODY, MAIN-
TENANCE AND CONTROL THEREOF. THIS SECTION SHALL NOT LIMIT ANY EXISTING
RIGHTS OF BURIAL, OR REMOVAL OF REMAINS UNDER OTHER PROVISIONS OF LAW
APPLICABLE THERETO.
§ 2799-MMMMM. PROCEDURE FOR CONSTRUCTION OF RESERVOIRS, DAMS AND OTHER
FLOOD MITIGATION STRUCTURES. 1. PRELIMINARY PLANS, SPECIFICATIONS, MAPS,
STATEMENTS AND ESTIMATES ARE REQUIRED AS FOLLOWS:
(A) IF THE AUTHORITY SHALL DETERMINE AS A PART OF AN OFFICIAL PLAN OR
BEFORE THE OFFICIAL PLAN HAS BEEN PREPARED THAT THE PUBLIC INTEREST OR
WELFARE REQUIRES THAT A RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUC-
TURE SHOULD BE CONSTRUCTED FOR THE REGULATION OF THE FLOW OF A RIVER OR
RIVERS, STREAM OR STREAMS OF THE OSWEGO RIVER BASIN, OR ANY OTHER
PORTION OF SUCH BASIN, IT SHALL CAUSE TO BE PREPARED PRELIMINARY PLANS
AND SPECIFICATIONS OF SUCH RESERVOIR, DAM OR OTHER FLOOD MITIGATION
S. 7649 17
STRUCTURE WITH ESTIMATES OF THE TOTAL COST THEREOF, TOGETHER WITH A
SURVEY OF THE LANDS UPON WHICH THE SAME IS TO BE CONSTRUCTED, GIVING THE
LOCATION THEREOF, AND OF ALL LANDS TO BE TAKEN, FLOWED OR DAMAGED, WITH
A DESCRIPTION BY SURVEY OR OTHERWISE, SHOWING THE AMOUNT OF LANDS
BELONGING TO THE STATE AND TO PERSONS OR PUBLIC CORPORATIONS AND THE
AMOUNT OF LANDS OF THE STATE IN THE FOREST PRESERVE AFFECTED THEREBY.
(B) THE AUTHORITY SHALL CREATE A MAP SHOWING ALL SUCH LANDS, THE
NUMBER OF ACRES IN EACH SEPARATE TRACT, AND THE NAMES OF THE OWNERS AND
OCCUPANTS THEREOF, SO FAR AS THE AUTHORITY CAN ASCERTAIN SUCH INFORMA-
TION. SUCH MAPS SHALL ALSO SHOW THE HIGH FLOW LINES OF THE PROPOSED
RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE, IF APPLICABLE.
(C) THE AUTHORITY SHALL ALSO PREPARE A STATEMENT OF THE AMOUNT OF
WATERPOWER, IF ANY, WHICH CONSISTENT WITH THE PROPER REGULATION OF THE
FLOW OF THE RIVER OR STREAM MAY BE DEVELOPED AT OR BY REASON OF SUCH
RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE BY THE WITHDRAWAL OF
WATER FOR POWER PURPOSES DIRECTLY THEREFROM WITH AN ESTIMATE OF THE
VALUE THEREOF. THE AUTHORITY SHALL ALSO PREPARE A STATEMENT SHOWING THE
PUBLIC CORPORATIONS AND LOCALITY OF LANDS TO BE BENEFITED BY SUCH
IMPROVEMENT AND HOW AND WHETHER THE STATE WILL BE BENEFITED THEREBY AND
THE PUBLIC NECESSITY FOR THE IMPROVEMENT.
(D) IN THE EVENT THAT ANY OF THE REAL ESTATE REQUIRED FOR SUCH RESER-
VOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE SHALL BELONG TO THE STATE,
THE VALUE THEREOF SHALL BE DETERMINED IN THE APPLICABLE ESTIMATES, AND
IN THE EVENT THAT SUCH LAND IS OUTSIDE THE FOREST PRESERVE AND THE STATE
IS CHARGEABLE WITH ANY PROPORTION OF THE EXPENSES, SUCH VALUE SHALL BE
DEDUCTED FROM THE AMOUNT TO BE PAID BY IT, AND SHALL BE CHARGEABLE AS A
PART OF THE EXPENSES OF THE IMPROVEMENT.
(E) WHEN THE AUTHORITY SHALL HAVE COMPLETED SUCH PRELIMINARY PLANS,
MAPS, SPECIFICATIONS, ESTIMATES AND STATEMENTS, IT SHALL VOTE BY RESOL-
UTION ON SUCH PRELIMINARY PLANS, MAPS, SPECIFICATIONS, ESTIMATES AND
STATEMENTS. THE AUTHORITY SHALL FILE SUCH PRELIMINARY PLANS, MAPS, SPEC-
IFICATIONS, ESTIMATES AND STATEMENTS SO APPROVED IN THE OFFICE OF THE
COUNTY CLERK OF EACH COUNTY HAVING LANDS WITHIN THE OSWEGO RIVER BASIN,
AND MAKE THEM AVAILABLE ON THE WEBSITE OF THE AUTHORITY.
2. UPON THE COMPLETION AND FILING OF SUCH PRELIMINARY PLANS, MAPS,
SPECIFICATIONS, ESTIMATES AND STATEMENTS PURSUANT TO SUBDIVISION ONE OF
THIS SECTION, THE AUTHORITY SHALL GIVE NOTICE OF SUCH FILING AND SHALL
HOLD HEARINGS THEREON IN THE MANNER SET BY THE AUTHORITY THAT SHALL
INCLUDE AT LEAST TWO PUBLIC HEARINGS AND OFFER AT LEAST ONE HUNDRED
TWENTY DAYS OF PUBLIC COMMENT.
3. UPON THE COMPLETION OF SUCH HEARINGS, THE AUTHORITY SHALL DETERMINE
WHETHER THE PUBLIC WELFARE REQUIRES THAT SUCH PROPOSED IMPROVEMENT
SHOULD BE PROCEEDED WITH, AND WHAT, IF ANY, MODIFICATIONS SHOULD BE MADE
IN SUCH PLANS, MAPS, SPECIFICATIONS, ESTIMATES AND STATEMENTS. IF THE
AUTHORITY SHALL DETERMINE THAT SUCH MAPS, PLANS, SPECIFICATIONS, ESTI-
MATES AND STATEMENTS SHOULD BE MODIFIED IN ANY RESPECT, IT SHALL CERTIFY
ITS PROPOSED MODIFICATIONS. IF THE AUTHORITY SHALL DETERMINE THAT THE
PROPOSED RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE SHALL BE
MADE, IT SHALL MAKE A FINAL ORDER DIRECTING THE SAME TO BE MADE, AND
SHALL CAUSE SUCH FINAL ORDER OR CERTIFIED COPIES THEREOF TO BE FILED AND
RECORDED IN THE OFFICE OF THE COUNTY CLERK OF EACH COUNTY IN WHICH ANY
LANDS WITHIN THE OSWEGO RIVER BASIN ARE LOCATED, AND MADE AVAILABLE ON
THE WEBSITE OF THE AUTHORITY, AND NOTICE SHALL HAVE BEEN DETERMINED TO
BE PROVIDED BY PUBLICATION OF THE MAKING AND FILING OF SUCH FINAL ORDER.
4. ANY PERSON OR PUBLIC CORPORATION AFFECTED BY ANY DETERMINATION OF
THE AUTHORITY MAY REVIEW SUCH FINAL DETERMINATION IN THE MANNER PROVIDED
S. 7649 18
BY ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. UNLESS
APPLICATION SHALL BE MADE FOR SUCH REVIEW WITHIN SIXTY DAYS AFTER THE
FILING OF THE FINAL ORDER, THE PLANS, MAPS, SPECIFICATIONS, STATEMENTS
AND ESTIMATES SHALL BE THE ESTABLISHED AND FINAL PLANS, MAPS, SPECIFICA-
TIONS, STATEMENTS AND ESTIMATES OF SUCH RESERVOIR, DAM OR OTHER FLOOD
MITIGATION STRUCTURE. IN THE EVENT THAT UPON SUCH REVIEW THERE SHALL BE
ANY MODIFICATION BY THE COURT OF THE FINAL ORDER, MAPS, PLANS, SPECIFI-
CATIONS, STATEMENTS AND ESTIMATES, THE COURT SHALL DIRECT THE MODIFICA-
TION THEREOF BY ORDER, AND THE AUTHORITY SHALL CAUSE SUCH ORDER TO BE
FILED AND RECORDED IN EACH PLACE WHERE THE FINAL ORDER WAS FILED AND
RECORDED, AND MADE AVAILABLE ON THE WEBSITE OF THE AUTHORITY. NO REVIEW
OF THE FINAL DETERMINATION OF THE AUTHORITY SHALL BE HAD UNLESS AT THE
TIME OF THE APPLICATION FOR REVIEW THE PERSON OR PUBLIC CORPORATION
SEEKING SUCH REVIEW SHALL GIVE AN UNDERTAKING APPROVED BY THE SUPREME
COURT OR A JUSTICE THEREOF, AS TO FORM, AMOUNT, AND SUFFICIENCY OR SURE-
TIES THAT IN THE EVENT OF FAILURE TO MODIFY THE FINAL DETERMINATION,
SUCH PERSON OR PUBLIC CORPORATION WILL PAY TO THE AUTHORITY ALL SUCH
COSTS AND EXPENSES AS ARE INCURRED BY IT ON ACCOUNT OF THE REVIEW
PROCEEDINGS, AS SHALL BE DETERMINED BY THE COURT.
5. THE AUTHORITY SHALL HAVE POWER TO MAKE SUCH CHANGES IN THE FINAL
MAPS, PLANS AND ORDER AS THE NATURE OF THE WORK MAY REQUIRE, PROVIDED
THAT THE AUTHORITY SHALL GIVE NOTICE AND SHALL GIVE A HEARING THEREON AS
PREVIOUSLY HELD AND THE SAME PROCEEDINGS SHALL BE HAD AS PROVIDED BY
SUBDIVISIONS TWO, THREE AND FOUR OF THIS SECTION, AND MADE AVAILABLE ON
THE WEBSITE OF THE AUTHORITY.
6. IN THE EVENT THAT IN ANY SUCH PLANS, ESTIMATES AND STATEMENTS, A
CHARGE IS MADE AGAINST THE STATE FOR ANY SHARE OF THE EXPENSES OF THE
PROPOSED RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE, NOT INCLUD-
ING SUCH PRELIMINARY EXPENSES AS MAY HAVE BEEN NECESSARY OR EXPENSES
CONSISTING ONLY OF ASSESSMENTS AGAINST THE STATE ON ACCOUNT OF BENEFITS
FROM THE IMPROVEMENT, NO SUCH RESERVOIR, DAM OR OTHER FLOOD MITIGATION
STRUCTURE SHALL BE MADE UNDER THIS TITLE PURSUANT TO ANY SUCH FINAL
ORDER UNTIL THE LEGISLATURE SHALL MAKE AN APPROPRIATION TO PAY THE
STATE'S SHARE OF SUCH EXPENSES. THE SUM SO APPROPRIATED SHALL BE PAID
INTO THE GENERAL FUND OF THE AUTHORITY FOR WHICH IT IS APPROPRIATED.
7. WHEN ANY SUCH FINAL ORDER SHALL HAVE BEEN MADE, AND THE LEGISLATURE
SHALL HAVE MADE AN APPROPRIATION FOR ANY SHARE OF THE EXPENSE PAYABLE BY
THE STATE, IF ANY, THE AUTHORITY SHALL PROCEED TO THE ACQUISITION OF
SUCH REAL ESTATE AS MAY BE NECESSARY FOR THE CONSTRUCTION, MAINTENANCE
AND OPERATION OF SUCH RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUC-
TURE. WHEN PROCEEDINGS ARE TAKEN UNDER THE EMINENT DOMAIN PROCEDURE
LAW, THE AUTHORITY SHALL FILE IN THE COMPTROLLER'S OFFICE A CERTIFIED
COPY OF THE FINAL ORDER PROVIDED FOR IN THE EMINENT DOMAIN PROCEDURE
LAW, AND A CERTIFIED COPY OF THE JUDGMENT THEREIN RENDERED PURSUANT TO
THE EMINENT DOMAIN PROCEDURE LAW, TOGETHER WITH THE CERTIFICATE OF THE
ATTORNEY GENERAL THAT NO APPEAL FROM SUCH FINAL ORDER AND JUDGMENT HAS
BEEN MADE, OR WILL BE TAKEN BY THE STATE, OR IF AN APPEAL HAS BEEN
TAKEN, A CERTIFIED COPY OF THE FINAL JUDGMENT OF THE APPELLATE COURT.
PAYMENTS OF THE AMOUNT DUE UPON SUCH FINAL ORDER AND JUDGMENT WITH
INTEREST FROM THE DATE OF THE JUDGMENT UNTIL THIRTY DAYS AFTER THE ENTRY
OF SUCH FINAL ORDER AND JUDGMENT, AND PAYMENTS FOR REAL ESTATE TAKEN BY
AGREEMENT, SHALL BE MADE FROM THE GENERAL FUND OF THE AUTHORITY.
8. CONSTRUCTION WORK SHALL BE UNDERTAKEN IN ACCORDANCE WITH THE
FOLLOWING PROVISIONS:
(A) AFTER ANY SUCH FINAL ORDER SHALL HAVE BEEN MADE AND FILED AS
PROVIDED PURSUANT TO THIS SECTION, THE AUTHORITY MAY PROCEED TO
S. 7649 19
CONSTRUCT THE WORK ACCORDING TO THE APPLICABLE PLANS AND SPECIFICATIONS.
ALL SUCH WORK SHALL BE DONE PURSUANT TO A CONTRACT OR CONTRACTS WHICH
SHALL BE AWARDED TO THE LOWEST RESPONSIBLE BIDDER, BY SEALED PROPOSALS
PUBLICLY OPENED, AFTER PUBLIC ADVERTISEMENT AND UPON SUCH TERMS AND
CONDITIONS AS THE AUTHORITY SHALL REQUIRE, PROVIDED, HOWEVER, THAT THE
AUTHORITY MAY REJECT ANY AND ALL PROPOSALS AND MAY ADVERTISE FOR NEW
PROPOSALS, AS HEREIN PROVIDED, IF IN ITS OPINION THE BEST INTERESTS OF
THE AUTHORITY WILL THEREBY BE PROMOTED. PROVIDED FURTHER, THAT AT THE
REQUEST OF THE AUTHORITY, ALL OR ANY PORTION OF SUCH WORK, TOGETHER WITH
ANY ENGINEERING REQUIRED BY THE AUTHORITY IN CONNECTION THEREWITH, SHALL
BE PERFORMED BY THE CHAIR AND THE CHAIR'S SUBORDINATES AS AGENTS FOR,
AND AT THE EXPENSE OF, THE AUTHORITY. A SEALED PROPOSAL MAY BE ACCEPTED
THROUGH AN ELECTRONIC PLATFORM ESTABLISHED OR USED BY THE AUTHORITY,
PROVIDED THAT ANY SEALED PROPOSAL RECEIVED ELECTRONICALLY SHALL BE MADE
PUBLIC AT THE SAME TIME AS ANY COMPETING PAPER PROPOSAL, AND PROVIDED
FURTHER THAT THE AUTHORITY SHALL, AT MINIMUM, PROVIDE THE SAME OPPORTU-
NITY AND TIME FOR SUBMITTING SEALED PROPOSALS PHYSICALLY AS FOR SEALED
PROPOSALS SUBMITTED ELECTRONICALLY AND SHALL PROVIDE THE OPPORTUNITY FOR
BIDDERS TO SUBMIT SEALED PROPOSALS PHYSICALLY ANY TIME THAT IT PROVIDES
THE OPPORTUNITY TO SUBMIT SEALED ELECTRONIC PROPOSALS. IN ADDITION, THE
AUTHORITY SHALL ESTABLISH A PROCESS FOR ACCOMMODATING FORCE MAJEURE
EVENTS THAT PREVENT THE SUBMISSION OF A SEALED ELECTRONIC PROPOSAL,
INCLUDING BUT NOT LIMITED TO INTERNET AND POWER OUTAGE EVENTS, AND FOR
AUTOMATICALLY CONFIRMING RECEIPT OF ANY SEALED ELECTRONIC PROPOSAL
RECEIVED. ALL BIDDERS SHALL BE NOTIFIED OF THE TIME AND PLACE OF ANY
SUCH ADJOURNMENT OR REJECTION.
(B) EVERY PROPOSAL SHALL BE ACCOMPANIED BY A DEPOSIT IN THE FORM OF A
CERTIFIED CHECK UPON SOME NATIONAL OR STATE BANK OR TRUST COMPANY WITHIN
THE STATE IN GOOD CREDIT AND PAYABLE TO THE AUTHORITY FOR FIVE PER CENT
OF THE AMOUNT OF THE PROPOSAL. IN THE EVENT THE PROPOSER TO WHOM SUCH
CONTRACT SHALL BE AWARDED SHALL FAIL OR REFUSE TO ENTER INTO SUCH
CONTRACT WITHIN THE TIME FIXED BY THE AUTHORITY, SUCH DEPOSIT SHALL BE
FORFEITED TO THE AUTHORITY AND PAID INTO AND BECOME A PART OF THE
AUTHORITY'S GENERAL FUND. IN THE EVENT THE CONTRACT BE MADE SUCH DEPOSIT
SHALL BE RETURNED TO THE CONTRACTOR.
(C) BEFORE ENTERING INTO ANY SUCH CONTRACT, A BOND WITH SUFFICIENT
SURETIES APPROVED BY THE AUTHORITY SHALL BE REQUIRED, ON THE CONDITION
THAT THE CONTRACTOR SHALL PERFORM ALL WORK WITHIN THE TIME PRESCRIBED IN
AND IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS, AND WILL PAY TO THE
STATE AND THE AUTHORITY ALL DAMAGES, COSTS AND EXPENSES SUFFERED OR
INCURRED BY REASON OF THE NEGLECT OR DEFAULT OF SUCH CONTRACTOR OR SUCH
CONTRACTOR'S EMPLOYEES OR ANY SUBCONTRACTOR OR SUCH SUBCONTRACTOR'S
EMPLOYEES IN THE PERFORMANCE OF SUCH CONTRACT OR IN DOING SUCH WORK
THEREUNDER.
(D) SUCH CONTRACT MAY PROVIDE FOR PARTIAL PAYMENTS TO BE MADE FROM
TIME TO TIME UPON THE CERTIFICATE OF THE ENGINEER IN CHARGE OF THE WORK
AFTER DUE INSPECTION THEREOF FOR AN AMOUNT NOT EXCEEDING NINETY PERCENT
OF THE CONTRACT PRICE FOR THE WORK ACTUALLY DONE AS SHOWN BY THE CERTIF-
ICATE. SUCH CERTIFICATE SHALL STATE THE AMOUNT OF THE WORK PERFORMED AND
ITS TOTAL VALUE, AT THE PRICE FIXED BY SUCH CONTRACT, BUT IN ALL CASES
NOT LESS THAN TEN PERCENT OF THE ESTIMATE THUS CERTIFIED SHALL BE
RETAINED UNTIL THE CONTRACT IS COMPLETED AND APPROVED BY THE ENGINEER IN
CHARGE OF THE WORK AND BY THE AUTHORITY.
(E) THE AUTHORITY MAY DIVIDE THE WORK INTO SEVERAL PARTS AND AWARD
SEPARATE CONTRACTS THEREFOR. IF THE ESTIMATED COST OF ANY PART OF SUCH
WORK DOES NOT EXCEED ONE MILLION DOLLARS, THE AUTHORITY MAY BY RESOL-
S. 7649 20
UTION PROCEED TO DO SUCH PART OF SUCH WORK BY ITS OWN FORCES OR OTHER-
WISE.
(F) THE AUTHORITY MAY, SUBJECT TO COORDINATION WITH AND APPROVAL FROM
THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, DISPOSE OF MERCHANTABLE
TIMBER AND SALABLE WOOD ON STATE LAND. NO RESERVOIR, DAM OR OTHER FLOOD
MITIGATION STRUCTURE SHALL BE CONSTRUCTED UNTIL PROCEDURES SHALL HAVE
BEEN MADE BY THE AUTHORITY FOR THE CLEARING FROM THE RESERVOIR, DAM OR
OTHER FLOOD MITIGATION STRUCTURE SITE OF ALL TIMBER AND ALL TIMBER
GROWTH ON LANDS TO BE FLOWED, WHICH SUCH TIMBER AND TIMBER GROWTH SHALL
BE REMOVED BY THE AUTHORITY BY CONTRACT OR OTHERWISE. THE AUTHORITY
SHALL NOT PERMIT ANY STUMP HIGHER THAN TWELVE INCHES ABOVE THE BED OF
THE RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE ADJACENT THERETO
TO REMAIN UPON A RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE SITE
ABOVE THE LOW FLOW LINE OF THE RESERVOIR, DAM OR OTHER FLOOD MITIGATION
STRUCTURE, IF APPLICABLE.
(G) ALL MERCHANTABLE TIMBER AND SALABLE WOOD ON STATE LAND TO BE
FLOWED SHALL BE SOLD BY THE AUTHORITY IN SUCH MANNER AS IT SHALL DEEM
BEST FOR THE INTERESTS OF THE STATE AND IN COORDINATION WITH AND
APPROVED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, BUT IN NO
EVENT FOR A SUM LESS THAN ITS FAIR MARKET VALUE, PROVIDED, HOWEVER, THAT
THE AUTHORITY MAY IN ITS DISCRETION SELL ANY SUCH MERCHANTABLE TIMBER OR
SALABLE WOOD AT PUBLIC AUCTION AFTER DUE ADVERTISEMENT. THE PROCEEDS OF
ANY SALE OR DISPOSITION LESS THE EXPENSES THEREOF AND THE REASONABLE
COST OF INSPECTING, SCALING, LUMBERING, CUTTING AND PILING, IF ANY,
INCURRED BY THE AUTHORITY, SHALL BE PAID INTO THE GENERAL FUND OF THE
STATE. THE AUTHORITY, IN COORDINATION WITH AND APPROVED BY THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION MAY DESIGNATE THE TREES OR KINDS OF
TREES TO BE CONSIDERED MERCHANTABLE TIMBER OR SALABLE WOOD.
(H) IN PREPARATION OF THE RESERVOIR, DAM OR OTHER FLOOD MITIGATION
STRUCTURE SITE, THE AUTHORITY SHALL DO SUCH WORK AS MAY BE NECESSARY TO
PREVENT STAGNANT POOLS ABOVE THE LOW FLOW LINE THEREOF.
§ 2799-NNNNN. OPERATION OF RESERVOIRS, DAMS OR OTHER FLOOD MITIGATION
STRUCTURES. 1. THE AUTHORITY SHALL NOT PERMIT THE WATER IN ANY RESER-
VOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE CONSTRUCTED, OWNED, OPER-
ATED, CONTROLLED OR REGULATED UNDER THE PROVISIONS OF THIS TITLE TO RISE
ABOVE THE HIGH FLOW LINE THEREOF, EXCEPT DURING FLOODS OR OTHER EMERGEN-
CIES, AND IF DURING FLOODS OR OTHER EMERGENCIES THE WATER SHALL RISE
ABOVE SUCH HIGH FLOW LINE THE AUTHORITY SHALL IMMEDIATELY OPEN THE
OUTLET GATES IN SUCH RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE
AND TAKE SUCH OTHER ACTIONS AS MAY BE NECESSARY TO LOWER THE WATER TO
THE HIGH FLOW LINE OF SUCH RESERVOIR, DAM OR OTHER FLOOD MITIGATION
STRUCTURE WITH THE LEAST PRACTICABLE DELAY. THE AUTHORITY SHALL KEEP AN
ACCURATE AND, SO FAR AS PRACTICABLE, CONTINUOUS RECORD OF THE HEIGHT OF
WATER IN EACH RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE AND
SHALL INSTALL AND MAINTAIN AT SUITABLE PLACES SUCH GAUGES OR INSTRUMENTS
AS MAY BE NECESSARY THEREFOR. SUCH CONTINUOUS RECORD SHALL BE MADE
AVAILABLE ON THE WEBSITE OF THE AUTHORITY.
2. EXCEPT FOR INSPECTIONS OR REPAIRS WHICH ARE NECESSARY, NO RESER-
VOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE SHALL AT ANY TIME BE DRAWN
OFF BELOW THE LOW FLOW LINE, OR TO SUCH EXTENT AS TO EXPOSE ISOLATED
POOLS WHICH MAY CAUSE UNSANITARY CONDITIONS, UNLESS DUE PROVISION IS
MADE FOR DRAINING SUCH POOLS INTO THE LOWEST WATER LEVEL OF SUCH RESER-
VOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE. IT SHALL BE UNLAWFUL FOR
ANY OFFICER OR PERSON IN CHARGE OF ANY RESERVOIR, DAM OR OTHER FLOOD
MITIGATION STRUCTURE TO VIOLATE THE PROVISIONS OF THIS SECTION.
S. 7649 21
3. IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPEN OR CLOSE OR CAUSE TO BE
OPENED OR CLOSED A GATE OR GATES IN ANY RESERVOIR, DAM OR OTHER FLOOD
MITIGATION STRUCTURE CONSTRUCTED, OWNED, OPERATED, CONTROLLED OR REGU-
LATED PURSUANT TO THE PROVISIONS OF THIS TITLE WITHOUT THE CONSENT OF
THE AUTHORITY, OR FOR ANY PERSON TO INTERFERE IN ANY WAY WITH THE OPERA-
TION OF, OR CAUSE DAMAGE TO, DAM OR OTHER FLOOD MITIGATION STRUCTURE.
4. WHEN THE FLOW OF A RIVER USED FOR THE OPERATION OF A POWER PLANT
FALLS BELOW THE AVERAGE NORMAL FLOW THEREOF, THE NATURAL FLOW OF THE
RIVER AT A RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE THEREON
SHALL NOT BE RESTRICTED WITHOUT THE CONSENT OF THE OWNER OF SUCH POWER
PLANT.
5. NO RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE SHALL BE
CONSTRUCTED PURSUANT TO THE PROVISIONS OF THIS TITLE OF A CAPACITY
GREATER THAN IS REQUIRED TO MAINTAIN THE AVERAGE FLOW.
6. THE EXPENSE OF MAINTENANCE AND OPERATION OF ANY EXISTING RESERVOIR,
DAM OR OTHER FLOOD MITIGATION STRUCTURE SHALL BE PAID PURSUANT TO EXIST-
ING LAW UNTIL SUCH RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE IS
TAKEN OVER BY THE AUTHORITY PURSUANT TO THE PROVISIONS OF THIS TITLE,
AND THEREAFTER SUCH EXPENSE SHALL BE PAID PURSUANT TO THE PROVISIONS OF
THIS TITLE FOR THE MAINTENANCE AND OPERATION OF A RESERVOIR, DAM OR
OTHER FLOOD MITIGATION STRUCTURE.
7. A HOLDER OF A LICENSE ISSUED UNDER THE FEDERAL POWER ACT SHALL BE
EXEMPTED FROM THE REQUIREMENTS OF THIS SECTION UNLESS AN AGREEMENT OR
CONTRACT HAS BEEN MADE BETWEEN SUCH HOLDER AND THE AUTHORITY.
§ 2799-OOOOO. APPORTIONMENT OF COST. 1. THE AUTHORITY SHALL, AS SOON
AS PRACTICABLE, PREPARE AN ESTIMATE OF THE TOTAL COST OF SUCH RESERVOIR,
DAM OR OTHER FLOOD MITIGATION STRUCTURE, OR COMBINATION THEREOF, INCLUD-
ING INTEREST ON CERTIFICATES OF INDEBTEDNESS ISSUED PRIOR TO THE DATE
THE LOCAL FINANCE LAW TOOK EFFECT, OR ON NOTES TO THE MATURITY THEREOF
AND COMPENSATION FOR REAL ESTATE AND ALL DAMAGES SUFFERED BY REASON
THEREOF AND ALL EXPENSES NECESSARILY INCURRED OR TO BE INCURRED IN
CONNECTION THEREWITH, AND SHALL MAKE A COMPLETE AND VERIFIED STATEMENT
THEREOF.
2. THE AUTHORITY SHALL THEN APPORTION SUCH COST, LESS THE AMOUNT WHICH
MAY BE CHARGEABLE TO THE STATE, AMONG THE PUBLIC CORPORATIONS AND
PARCELS OF REAL ESTATE BENEFITED, IN PROPORTION TO THE AMOUNT OF BENEFIT
WHICH WILL INURE TO EACH SUCH PUBLIC CORPORATION AND PARCEL OF REAL
ESTATE BY REASON OF SUCH RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUC-
TURE, OR COMBINATION THEREOF. SUCH APPORTIONMENT SHALL BE MADE IN WRIT-
ING AND SHALL SHOW THE NAME OF EACH PUBLIC CORPORATION AND A BRIEF
DESCRIPTION OF EACH PARCEL OF REAL ESTATE BENEFITED, THE NAME OF THE
OWNER, OR OWNERS, OF EACH SUCH PARCEL OF REAL ESTATE, SO FAR AS CAN BE
ASCERTAINED, THE PROPORTION OF SUCH COST LESS THE AMOUNT WHICH MAY BE
CHARGEABLE TO THE STATE TO BE BORNE BY EACH, EXPRESSED IN DECIMALS, AND
THE AMOUNT TO BE PAID BY EACH SUCH PUBLIC CORPORATION OR THE OWNER OR
OWNERS OF EACH SUCH PARCEL OF REAL ESTATE.
3. SUCH AMOUNT SHALL BE DETERMINED BY MULTIPLYING THE TOTAL COST LESS
THE AMOUNT WHICH MAY BE CHARGEABLE TO THE STATE BY THE DECIMAL AMOUNT
REPRESENTING THE PROPORTION THEREOF TO BE BORNE BY EACH PUBLIC CORPO-
RATION OR PARCEL OF REAL ESTATE.
4. THE AUTHORITY, BEFORE MAKING SUCH APPORTIONMENT, SHALL VIEW THE
PREMISES AND PUBLIC CORPORATIONS BENEFITED. SUCH APPORTIONMENT SHALL BE
APPROVED BY THE AUTHORITY. UPON SUCH APPROVAL BY THE AUTHORITY, A COPY
THEREOF SHALL BE SERVED UPON THE CHAIR OR OTHER PRESIDING OFFICER OF THE
COUNTY LEGISLATIVE BODY OF EACH COUNTY, THE MAYOR OF EACH CITY, THE
SUPERVISOR OF EACH TOWN, AND THE MAYOR OF EACH VILLAGE, NAMED IN THE
S. 7649 22
APPORTIONMENT, OR IF SERVICE CANNOT BE HAD UPON SUCH CHAIR, MAYOR, OR
SUPERVISOR, THEN UPON A MEMBER OF THE COUNTY LEGISLATIVE BODY OF THE
COUNTY, A COUNCILMEMBER OF THE CITY OR MEMBER OF THE GOVERNING AUTHORITY
THEREOF, A MEMBER OF THE TOWN AUTHORITY OF THE TOWN, OR A TRUSTEE OF THE
VILLAGE, AND SHALL BE FILED IN THE OFFICE OF THE COUNTY CLERK OF EACH
COUNTY IN WHICH ANY PUBLIC CORPORATION OR REAL PROPERTY THEREBY AFFECTED
IS LOCATED. AFTER SUCH SERVICE AND FILING OF SUCH APPORTIONMENT AND
DETERMINATION, NOTICE SHALL BE GIVEN BY THE AUTHORITY OF PUBLICATION OF
A TIME AND PLACE WHERE THE AUTHORITY WILL MEET TO HEAR ANY PUBLIC CORPO-
RATION OR PERSON AGGRIEVED BY THE SAME. THE AFFIDAVIT OF THE PERSON
SERVING OR PUBLISHING SUCH NOTICE SHALL BE EVIDENCE OF SUCH SERVICE OR
PUBLICATION.
5. THE AUTHORITY SHALL MEET AT THE TIME AND PLACE SPECIFIED PURSUANT
TO SUBDIVISION FOUR OF THIS SECTION AND SHALL HEAR ALL PERSONS AND
PUBLIC CORPORATIONS INTERESTED IN OR AGGRIEVED BY SUCH APPORTIONMENT AND
MAY APPROVE OR MODIFY THE SAME. IF SUCH APPORTIONMENT AND DETERMINATION
IS MODIFIED BY THE AUTHORITY IT SHALL NOT BECOME EFFECTIVE UNTIL SERVED
AND FILED IN THE SAME MANNER AS UPON THE COMPLETION OF THE SAME IN THE
FIRST INSTANCE. ANY PUBLIC CORPORATION OR ANY PERSON DEEMING TO BE
AGGRIEVED MAY, UPON NOTICE TO THE AUTHORITY, REVIEW THE DETERMINATION OF
THE AUTHORITY IN THE SAME MANNER AS A REVIEW OF THE DETERMINATION OF AN
AUTHORITY OF ASSESSORS IN MAKING AN ASSESSMENT. SUCH APPORTIONMENTS AS
SO MODIFIED AND AS FURTHER MODIFIED BY ANY FINAL JUDGMENT OR ORDER MADE
IN PROCEEDINGS TO REVIEW THE SAME AS HEREIN PROVIDED SHALL BE FINAL AND
CONCLUSIVE.
6. THE AMOUNT OF THE TOTAL COST AND EXPENSE OF SUCH RESERVOIR, DAM OR
OTHER FLOOD MITIGATION STRUCTURE, OR COMBINATION THEREOF, AND THE MAIN-
TENANCE AND OPERATION THEREOF INCLUDING THE AMOUNT OF A REASONABLE
RETURN TO THE STATE AS HEREIN PROVIDED FOR, WHICH EACH SUCH PUBLIC
CORPORATION AND EACH SUCH PARCEL OF REAL ESTATE IS TO PAY AND BE RESPON-
SIBLE FOR SHALL BE BASED UPON THE PROPORTION OF COST AS DETERMINED IN
SUCH APPORTIONMENT. IF THE TOTAL COST OF SUCH RESERVOIR, DAM OR OTHER
FLOOD MITIGATION STRUCTURE SHALL EXCEED THE ESTIMATE MADE AND APPOR-
TIONED AS PROVIDED PURSUANT TO THIS TITLE, THE AMOUNT OF SUCH EXCESS
COST, LESS THE AMOUNT WHICH MAY BE CHARGEABLE TO THE STATE, SHALL BE
APPORTIONED AMONG THE PUBLIC CORPORATIONS AND PARCELS OF REAL ESTATE
BENEFITED, BY AN ADDITIONAL APPORTIONMENT TO BE MADE IN THE SAME MANNER
AND BY THE SAME PROCEDURE AS THE ORIGINAL APPORTIONMENT, AND SHALL BE
LEVIED, ASSESSED AND COLLECTED IN THE MANNER PROVIDED IN SECTION TWEN-
TY-SEVEN HUNDRED NINETY-NINE-PPPPP OF THIS TITLE. SUCH APPORTIONMENT
AND DETERMINATION, WHEN MADE, SHALL ALSO BE DEEMED TO FIX AND DETERMINE
THE APPORTIONMENT AND THE BASIS OF APPORTIONMENT OF ALL SUBSEQUENT
EXPENSES TO BE INCURRED IN THE MAINTENANCE AND OPERATION OF SUCH RESER-
VOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE, INCLUDING THE AMOUNT OF A
REASONABLE RETURN TO THE STATE, IF ANY, AS PROVIDED FOR IN THIS TITLE.
7. IF POWERS BE DEVELOPED AFTER SUCH APPORTIONMENT HAS BEEN MADE OR IF
FOR ANY OTHER REASON ANY PUBLIC CORPORATION OR ANY PARCEL OF REAL ESTATE
BECOMES LIABLE EQUITABLY FOR SUCH SUBSEQUENT EXPENSES, A SUBSEQUENT
APPORTIONMENT MAY BE MADE IN THE SAME MANNER AND SUBJECT TO THE SAME
REVIEW AS THE ORIGINAL APPORTIONMENT. PROVIDED, HOWEVER, THAT BEFORE ANY
SUCH APPORTIONMENT OF COSTS OR ANY ASSESSMENT IS MADE BY THE AUTHORITY,
PUBLIC CORPORATIONS OR OWNERS OF PROPERTY LIABLE FOR THE SAME MAY
EXECUTE AND DELIVER TO THE AUTHORITY A CONSENT, EXECUTED AND ACKNOWL-
EDGED IN LIKE MANNER AS A DEED, BY WHICH THEY ACKNOWLEDGE THAT THEY ARE
THE PUBLIC CORPORATIONS AND OWNERS OF PROPERTY BENEFITED BY THE IMPROVE-
MENT AND CONSENT TO BEAR THE COST THEREOF, LESS ANY SUM PREVIOUSLY
S. 7649 23
APPROPRIATED BY THE STATE THEREFOR, TOGETHER WITH CHARGES PROVIDED FOR
IN SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-QQQQQ OF THIS TITLE, AND TO
HAVE THE SAME ASSESSED AGAINST THEM OR THEIR PROPERTY AS PROVIDED FOR IN
THIS TITLE. SUCH CONSENT MAY ALSO PROVIDE, AS A CONDITION OF ITS
ACCEPTANCE BY THE AUTHORITY, FOR THE BASIS ON WHICH THE ASSESSMENT FOR
THE IMPROVEMENT SHALL BE MADE UPON THE PARTIES CONSENTING.
8. THE AUTHORITY MAY ACCEPT OR REJECT SUCH CONSENT. IF IT ACCEPTS SUCH
CONSENT IT SHALL, BY RESOLUTION, PROVIDE FOR THE LEVY OF THE ENTIRE
ASSESSMENT UPON THE PUBLIC CORPORATIONS AND PROPERTY OF THE PARTIES
FILING SUCH CONSENT, ON THE BASIS OF BENEFITS RECEIVED, IF ANY, DETER-
MINED BY THE TERMS OF THE CONSENT, OR IF NO BASIS OF ASSESSMENT BE FIXED
BY THE CONSENT, ON THE BASIS OF THE BENEFITS SHARED BY SUCH PARTIES IN
THE MANNER PROVIDED IN THIS TITLE. IF SUCH CONSENT BE ACCEPTED BY THE
AUTHORITY, A CERTIFIED COPY THEREOF SHALL BE FILED BY THE AUTHORITY IN
THE OFFICE OF THE COUNTY CLERK OF EACH COUNTY IN WHICH ANY PUBLIC CORPO-
RATION OR REAL PROPERTY AFFECTED BY THE ASSESSMENT IS LOCATED. SUCH
CONSENT, WHEN EXECUTED BY A PUBLIC CORPORATION, SHALL BE AUTHORIZED BY
THE GOVERNING BODY THEREOF.
§ 2799-PPPPP. ASSESSMENTS; HOW LEVIED AND COLLECTED. 1. AFTER THE
APPORTIONMENT OF COST HAS BEEN MADE AND FILED IN ACCORDANCE WITH THE
PROVISIONS OF SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-OOOOO OF THIS
TITLE, THE AUTHORITY SHALL PREPARE A STATEMENT SHOWING THE NAME OF EACH
PUBLIC CORPORATION AND A DESCRIPTION OF EACH PARCEL OF REAL ESTATE BENE-
FITED BY SUCH RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE, OR
COMBINATION THEREOF, AND THE AMOUNT TO BE BORNE BY EACH AS DETERMINED IN
SUCH APPORTIONMENT. THE AUTHORITY SHALL ALSO DETERMINE AND STATE WHETHER
THE AMOUNTS SHALL BE PAID IN ONE LUMP SUM OR IN ANNUAL INSTALLMENTS, IN
SUCH AMOUNTS AS THE AUTHORITY SHALL ANNUALLY DETERMINE TO BE NECESSARY.
2. A COPY OF SUCH STATEMENT DULY VERIFIED UNDER THE SEAL OF THE
AUTHORITY SHALL BE FILED WITH THE CLERK OF EACH COUNTY, TOWN, VILLAGE OR
CITY AFFECTED OR CONTAINING ANY REAL ESTATE WHICH IS BENEFITED. THE
CLERK OF EVERY SUCH COUNTY, CITY, TOWN OR VILLAGE SHALL MAKE AND DELIVER
TO THE LEGISLATIVE BODY OF SUCH COUNTY, THE COMMON COUNCIL OF SUCH CITY,
THE AUTHORITY OF TRUSTEES OF SUCH VILLAGE, AND THE ASSESSORS OF SUCH
COUNTY, TOWN, CITY OR VILLAGE A COPY OF SUCH STATEMENT.
3. THE COUNTY LEGISLATIVE BODY OF EVERY SUCH COUNTY SHALL LEVY AND
ASSESS UPON SUCH COUNTY AND UPON EACH TOWN SPECIFIED IN SUCH STATEMENT
THE AMOUNT OF SUCH COST AND EXPENSE WHICH IN SUCH STATEMENT IS CERTIFIED
TO BE THE PROPORTION THEREOF WHICH SHOULD BE BORNE BY SUCH COUNTY OR
SUCH TOWN AS A WHOLE, AND THE COMMON COUNCIL OR OTHER GOVERNING BODY OF
EACH CITY AND THE AUTHORITY OF TRUSTEES OF EVERY SUCH VILLAGE SHALL IN
LIKE MANNER LEVY AND ASSESS UPON SUCH CITY AND VILLAGE, RESPECTIVELY,
THE AMOUNT OF SUCH COST AND EXPENSE WHICH IN SUCH STATEMENT IS CERTIFIED
TO BE THE PROPORTION THEREOF WHICH SHOULD BE BORNE BY SUCH CITY AND
VILLAGE. THE ASSESSORS OF EACH TOWN OR CITY, CONTAINING INDIVIDUAL REAL
ESTATE UPON WHICH A PROPORTION OF SUCH COST IS ASSESSED, SHALL ENTER ON
A SEPARATE PAGE OF THEIR ASSESSMENT ROLL A STATEMENT OF THE TOTAL AMOUNT
TO BE PAID BY THE OWNER OF SUCH INDIVIDUAL REAL ESTATE, A DESCRIPTION OF
EACH PARCEL AND WHAT CONSTITUTES REAL ESTATE AS SUCH TERM IS DEFINED IN
THIS TITLE AND THE AMOUNT CHARGEABLE THERETO, AS CONTAINED IN THE STATE-
MENT FILED. THE COUNTY LEGISLATIVE BODY OF EACH COUNTY WHEREIN SUCH
PROPERTY OR LAND IS SITUATE SHALL LEVY AND ASSESS AGAINST EACH SUCH
PARCEL AND EACH SUCH PIECE OF REAL ESTATE THE AMOUNT SPECIFIED IN THE
STATEMENT, AND SHALL BY THEIR WARRANT DIRECT THE COLLECTION THEREOF IN
THE SAME MANNER AND BY THE SAME PROCEDURE AS GENERAL TAXES ARE
COLLECTED. IN THE CASE IT IS DETERMINED THAT THE AMOUNT IS TO BE PAID IN
S. 7649 24
ANNUAL INSTALLMENTS, THE COUNTY LEGISLATIVE BODY OR THE ASSESSORS OF THE
CITY, TOWN OR VILLAGE, AS THE CASE MAY BE, SHALL ANNUALLY ASSESS THE
ANNUAL INSTALLMENT TO BE PAID BY SUCH COUNTY, CITY, TOWN OR VILLAGE IN
THE MANNER PROVIDED BY THIS SECTION UNTIL THE WHOLE AMOUNT SHALL BE
PAID.
4. UPON THE ASSESSMENT OF THE COST AS PROVIDED IN THIS SECTION, THE
AMOUNTS APPORTIONED AND ASSESSED SHALL BE PAID AND REMAIN CHARGES
AGAINST THE SEVERAL PUBLIC CORPORATIONS AND LIENS UPON THE SEVERAL PROP-
ERTIES CHARGED THEREWITH, UNTIL PAID OR OTHERWISE REMOVED, SUPERIOR IN
FORCE AND EFFECT TO ALL OTHER LIENS EXCEPT UNPAID GENERAL TAXES. ALL
MONEYS COLLECTED UNDER THE PROVISIONS OF THIS SECTION SHALL BE PAID TO
THE COUNTY TREASURER OF THE COUNTY BENEFITED OR THE COUNTY IN WHICH THE
TOWN, CITY, VILLAGE OR REAL ESTATE IS LOCATED WHO SHALL PAY THE SAME ON
OR BEFORE THE FIRST DAY OF JUNE IN EACH YEAR TO THE STATE COMPTROLLER,
WHO SHALL DEPOSIT SUCH AMOUNT IN DEPOSITORY BANKS TO THE CREDIT OF THE
SEVERAL FUNDS OF SUCH AUTHORITY AS HEREIN PROVIDED. IN THE EVENT IT HAS
BEEN DETERMINED THAT THE COST OF THE IMPROVEMENT SHALL BE PAID IN
INSTALLMENTS, INTEREST FOR ONE YEAR AT A RATE NOT HIGHER THAN THE RATE
OF INTEREST SECURED BY THE OBLIGATIONS TO WHICH THE ASSESSMENTS ARE
APPLICABLE, AND NOT MORE THAN SUFFICIENT TO PAY THE SAME, SHALL BE ADDED
TO THE AMOUNT OF EACH INSTALLMENT, ON THE COST OF THE IMPROVEMENT LESS
THE INSTALLMENT OR INSTALLMENTS PREVIOUSLY LEVIED OR ASSESSED, AND BE
COLLECTED IN THE SAME MANNER PROVIDED FOR THE COLLECTION OF THE PRINCI-
PAL OF THE ASSESSMENT. IN THE CASE OF DEFAULT OF PAYMENT OF ASSESSMENTS
OR ANY INSTALLMENT THEREOF LEVIED AS HEREIN PROVIDED, THE SAME PENALTIES
SHALL BE COLLECTED AS ARE PROVIDED IN THE CASE OF FAILURE TO PAY GENERAL
TAXES WITHIN THE TIME PRESCRIBED BY LAW, AND WHEN COLLECTED SHALL BE
DEEMED A PART OF THE ASSESSMENT.
5. IF THE ASSESSMENT, TOGETHER WITH THE AMOUNT APPROPRIATED BY THE
STATE, BE INSUFFICIENT TO PAY THE OBLIGATIONS ISSUED ON ACCOUNT OF SUCH
IMPROVEMENT, THE AUTHORITY SHALL MAKE A NEW ASSESSMENT OR ASSESSMENTS,
AS THE CASE MAY BE, TO MAKE UP THE DEFICIENCY, AND THE OWNER AND HOLDER
OF ANY OBLIGATIONS ISSUED UNDER THIS TITLE MAY BY APPROPRIATE REMEDY
COMPEL THE ASSESSMENT OF SUCH DEFICIENCY.
6. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION,
ALL MONEYS REQUIRED TO BE COLLECTED UNDER THE PROVISIONS OF THIS SECTION
MAY BE PAID DIRECTLY TO THE AUTHORITY, PROVIDED SUCH PAYMENT IS MADE
PRIOR TO THE THIRTY-FIRST DAY OF OCTOBER OF THE YEAR IN WHICH THE
ASSESSMENT IS LEVIED. ANY DIRECT PAYMENTS RECEIVED BY THE AUTHORITY
SHALL BE FORWARDED BY THE AUTHORITY TO THE STATE COMPTROLLER, WHO SHALL
DEPOSIT SUCH PAYMENTS IN DEPOSITORY BANKS TO THE CREDIT OF THE SEVERAL
FUNDS OF SUCH AUTHORITY AS HEREIN PROVIDED. UPON RECEIPT OF ANY SUCH
DIRECT PAYMENTS, THE AUTHORITY SHALL NOTIFY THE APPROPRIATE COUNTY TREA-
SURER TO WHOM SUCH PAYMENTS WOULD HAVE BEEN MADE UNDER SUBDIVISION FOUR
OF THIS SECTION, HAD DIRECT PAYMENT NOT BEEN MADE TO THE AUTHORITY. ALL
MONEYS REQUIRED TO BE COLLECTED AND NOT PAID DIRECTLY TO THE AUTHORITY
BY THE THIRTY-FIRST DAY OF OCTOBER OF THE YEAR IN WHICH THE ASSESSMENT
IS LEVIED SHALL BE PAYABLE TO THE COUNTY TREASURER AS PROVIDED UNDER
SUBDIVISION FOUR OF THIS SECTION AND SHALL BE SUBJECT TO A SERVICE FEE
OF ONE PERCENT OF THE TOTAL AMOUNT ASSESSED, WHICH SHALL BE ADDED TO THE
AMOUNT TO BE COLLECTED AND WHICH SHALL BE IN ADDITION TO ANY PENALTIES
WHICH MAY BE IMPOSED IN THE CASE OF FAILURE TO PAY GENERAL TAXES WITHIN
THE TIME PRESCRIBED BY LAW AND WHEN COLLECTED, SUCH PENALTIES SHALL BE
DEEMED A PART OF THE ASSESSMENT. ALL SERVICE FEES COLLECTED BY COUNTY
TREASURERS PURSUANT TO THIS SUBDIVISION SHALL BE RETAINED BY THE COUNTY
TREASURER AND DEPOSITED IN THE GENERAL FUND OF THE COUNTY, PROVIDED THE
S. 7649 25
MONEYS COLLECTED UNDER THE ANNUAL ASSESSMENT INSTALLMENT SHALL BE PAID
TO THE STATE COMPTROLLER WITHIN THIRTY DAYS OF THEIR RECEIPT BY SUCH
COUNTY TREASURER. OTHERWISE, THE COUNTY TREASURER SHALL PAY OVER THE
ENTIRE SERVICE FEE COLLECTED TO THE STATE COMPTROLLER FOR DEPOSIT TO THE
CREDIT OF THE SEVERAL FUNDS OF THE AUTHORITY IN THE SAME MANNER AS
MONEYS COLLECTED UNDER THE ANNUAL INSTALLMENTS OF THE ASSESSMENTS
PROVIDED FOR HEREIN.
§ 2799-QQQQQ. OPERATION AND MAINTENANCE CHARGES. 1. THE AUTHORITY
SHALL MAKE AN ESTIMATE OF AN AMOUNT SUFFICIENT TO PAY THE EXPENSE OF THE
MAINTENANCE AND OPERATION OF THE WORKS ERECTED PURSUANT TO THIS TITLE,
INCLUDING INTEREST ON TEMPORARY CERTIFICATES OF INDEBTEDNESS ISSUED
PRIOR TO THE DATE THE LOCAL FINANCE LAW TOOK EFFECT. A REASONABLE RETURN
TO THE STATE UPON THE VALUE OF THE RIGHTS AND PROPERTY OF THE STATE USED
SHALL MEAN SIX PERCENT UPON THE VALUE OF THE LANDS FLOWED, EXCLUSIVE OF
MERCHANTABLE TIMBER AND SALABLE WOOD REMOVED THEREFROM FOR WHICH THE
STATE SHALL HAVE BEEN PAID AS PROVIDED BY SUBDIVISION EIGHT OF SECTION
TWENTY-SEVEN HUNDRED NINETY-NINE-NNNNN OF THIS TITLE. THE VALUE OF THE
SERVICES OF THE STATE RENDERED SHALL BE CONSTRUED TO MEAN THE ACTUAL
COST THEREOF.
2. ANY AMOUNT SO ESTIMATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
SHALL BE THE ESTIMATED AMOUNT REQUIRED FOR SUCH PURPOSES EACH YEAR, AND
WHEN FIXED AND DETERMINED SHALL BE THE AMOUNT THEREOF FOR A PERIOD OF
THREE YEARS. THE AMOUNT SHALL BE ADJUSTABLE AT THE END OF ANY THREE-
YEAR TERM. THE AMOUNT LESS ANY PART THEREOF TO BE PAID BY THE STATE
SHALL BE THE AMOUNT TO BE ANNUALLY COLLECTED FOR SUCH PURPOSES, AND
SHALL BE APPORTIONED UPON THE PUBLIC CORPORATIONS AND REAL ESTATE BENE-
FITED ACCORDING TO THE BENEFITS DERIVED THEREFROM RESPECTIVELY, AND
SHALL BE LEVIED, ASSESSED AND COLLECTED IN THE SAME MANNER AS THE COST
AND EXPENSES OF THE RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE,
OR COMBINATION THEREOF, AS PROVIDED IN THIS TITLE TO BE LEVIED, ASSESSED
AND COLLECTED.
3. SUCH ESTIMATES AND DETERMINATIONS AS FROM TIME TO TIME FIXED AND
DETERMINED BY THE AUTHORITY MAY UPON APPLICATION OF ANY PARTY AFFECTED
THEREBY BE REVIEWED IN THE MANNER PROVIDED BY ARTICLE SEVENTY-EIGHT OF
THE CIVIL PRACTICE LAW AND RULES BY THE SUPREME COURT OF THE JUDICIAL
DISTRICT IN WHICH THE RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUC-
TURE, OR COMBINATION THEREOF, IS LOCATED. UPON THE HEARING ON SUCH
APPLICATION FOR REVIEW, THE COURT SHALL TAKE THE TESTIMONY AND OTHER
PROOFS OF THE PARTIES AND MAY MAKE AN ORDER AFFIRMING, VACATING OR MODI-
FYING ANY SUCH ESTIMATE AND DETERMINATION.
§ 2799-RRRRR. ERROR IN NAMES. NO ERROR IN THE NAMES OF THE OWNERS OF
REAL ESTATE, OR IN THE DESCRIPTIONS THEREOF, SHALL INVALIDATE SUCH
APPORTIONMENT OR THE LEVYING OF ASSESSMENTS OR TAXES BASED ON SUCH ERROR
IF SUFFICIENT DESCRIPTION IS GIVEN TO IDENTIFY SUCH REAL ESTATE, AND THE
OWNERS THEREOF.
§ 2799-SSSSS. FINANCING. 1. AFTER THE COST OF ANY IMPROVEMENT MADE OR
TO BE MADE PURSUANT TO THIS TITLE HAS BEEN APPORTIONED AMONG THE PUBLIC
CORPORATIONS AND PARCELS OF REAL ESTATE BENEFITED AND AFTER SUCH APPOR-
TIONMENT HAS BEEN ASSESSED UPON SUCH PUBLIC CORPORATIONS AND PARCELS OF
REAL ESTATE, THE AUTHORITY MAY FINANCE THE COST OF ANY SUCH IMPROVEMENT
IN ACCORDANCE WITH THE LOCAL FINANCE LAW. ANY BONDS ISSUED FOR SUCH
PURPOSES SHALL NOT BE CONSTRUED, IN ANY EVENT, AS BONDS OR INDEBTEDNESS
OF THE STATE, AND THE STATE SHALL NOT BE OBLIGATED TO PAY THE PRINCIPAL
OR INTEREST ON SUCH BONDS. SUCH BONDS SHALL BE LAWFUL INVESTMENTS FOR
TRUSTEES AND SAVINGS BANKS OF THE STATE AND FOR ANY OF THE FUNDS OF THE
STATE WHICH BY LAW MAY BE INVESTED.
S. 7649 26
2. THE AUTHORITY SHALL ANNUALLY INCLUDE IN THE INSTALLMENT OF THE
ASSESSMENT TO BE COLLECTED IN SUCH YEAR A SUM SUFFICIENT TO PROVIDE FOR
THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON OBLIGATIONS ISSUED FOR
SUCH PURPOSES AND MATURING IN SUCH YEAR.
3. THE PROCEEDS OF THE SALE OF OBLIGATIONS ISSUED FOR THE PURPOSES OF
THIS TITLE, TOGETHER WITH ALL OTHER REVENUES OF THE AUTHORITY FROM OTHER
SOURCES, SHALL BE DEPOSITED IN A NATIONAL OR STATE BANK OR BANKS OR
TRUST COMPANY OR TRUST COMPANIES IN ALBANY OR WITHIN THE OSWEGO RIVER
BASIN AS ARE APPROVED BY THE STATE COMPTROLLER, SUBJECT TO THE
PROVISIONS OF SECTION 165.00 OF THE LOCAL FINANCE LAW. BEFORE ANY SUCH
DEPOSIT IS MADE, THE STATE COMPTROLLER SHALL REQUIRE FROM ANY SUCH BANK
OR TRUST COMPANY SECURITY FOR REPAYMENT OF THE SAME TO SUCH AUTHORITY OR
TO THE STATE COMPTROLLER UPON DEMAND FOR THE MONEY SO DEPOSITED IN THE
MANNER PROVIDED IN SECTION ONE HUNDRED SIX OF THE STATE FINANCE LAW. FOR
PURPOSES OF THIS TITLE, THE "GENERAL FUND" OF THE AUTHORITY SHALL MEAN
AND CONSIST OF ALL MONEYS RECEIVED BY THE AUTHORITY UNDER THE PROVISIONS
OF THIS TITLE, EXCEPT FROM ASSESSMENTS LEVIED TO PAY THE COST OF
CONSTRUCTION.
4. ALL MONEYS RECEIVED FROM ASSESSMENTS LEVIED TO PAY THE COST OF
CONSTRUCTION, TOGETHER WITH SUCH PART OF ANY SURPLUS IN THE GENERAL
FUND, AS SHALL BE DETERMINED BY THE AUTHORITY, OVER AND ABOVE THE
REQUIREMENTS FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF THE
RESERVOIR, DAM OR OTHER FLOOD MITIGATION STRUCTURE, OR COMBINATION THER-
EOF, INCLUDING THE AMOUNT RAISED FOR A REASONABLE RETURN TO THE STATE,
SHALL CONSTITUTE A SEPARATE FUND TO BE KNOWN AS THE "DEBT SERVICE FUND",
FOR THE PURPOSES OF THIS TITLE. THE MONEYS IN THE DEBT SERVICE FUND
SHALL BE APPLIED TO THE PAYMENT OF PRINCIPAL OF AND INTEREST ON OBLI-
GATIONS ISSUED FOR THE PURPOSES OF THIS TITLE, EXCEPT WHEN THE TOTAL
COST OF CONSTRUCTION IS PAID WITHOUT THE ISSUANCE OF OBLIGATIONS, IN
WHICH CASE THE MONEYS APPLICABLE THERETO SHALL BE PAID INTO THE GENERAL
FUND. ANY INSTALLMENT OR INSTALLMENTS OF THE ASSESSMENT WHICH SHALL
BECOME PAYABLE BEFORE ANY OBLIGATIONS HAVE BEEN ISSUED SHALL BE PAID BY
THE STATE COMPTROLLER INTO THE GENERAL FUND AND APPLIED TO THE PAYMENT
OF THE COST OF CONSTRUCTION. THE STATE COMPTROLLER SHALL BE AUTHORIZED
AND DIRECTED TO PAY FROM THE DEBT SERVICE FUND THE PRINCIPAL OF AND
INTEREST ON OBLIGATIONS ISSUED FOR THE PURPOSES OF THIS TITLE.
5. ALL MONEYS IN THE DEBT SERVICE FUND SHALL BE APPLIED BY THE STATE
COMPTROLLER TO THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SUCH
OBLIGATIONS EXCEPT AS OTHERWISE STATED IN THIS SECTION, AND TO THE
PURCHASE OF THE SAME IN THE OPEN MARKET WHEN POSSIBLE, AND WHILE AWAIT-
ING SUCH PURCHASE SUCH EXCESS SHALL BE INVESTED OR KEPT AT INTEREST IN
THE SAME MANNER AS SINKING FUNDS OF THE STATE OF LIKE NATURE ARE
INVESTED. IF ANY MONEYS REMAIN IN THE DEBT SERVICE FUND AFTER ALL
OUTSTANDING OBLIGATIONS HAVE BEEN PAID UP AND REDEEMED, SUCH MONEYS
SHALL BE PAID INTO THE GENERAL FUND AND MAY BE USED TO PAY THE COSTS OF
MAINTENANCE, OPERATION AND OTHER EXPENSES.
6. THE AUTHORITY MAY INVEST AND REINVEST ANY MONEYS OF THE GENERAL
FUND WHICH ARE NOT REQUIRED TO BE DEPOSITED IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 165.00 OF THE LOCAL FINANCE LAW. ANY SUCH INVEST-
MENTS SHALL BE MADE ONLY IN OBLIGATIONS OF THE FEDERAL GOVERNMENT AND
THE STATE OF NEW YORK, AND IN CERTIFICATES OF DEPOSIT OF BANKS OR TRUST
COMPANIES OR IN BANK OR TRUST ACCOUNTS OF BANKS IN THIS STATE, SECURED
BY OBLIGATIONS OF THE UNITED STATES OF AMERICA OR OF THE STATE OF NEW
YORK OF A MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF THE DEPOSIT
AND WITH THE APPROVAL OF THE STATE COMPTROLLER. THE AUTHORITY MAY SELL
AND DISPOSE OF ANY SECURITIES PURCHASED FOR INVESTMENT PURSUANT TO THIS
S. 7649 27
SECTION AT ANY TIME WITH THE CONSENT OF THE STATE COMPTROLLER, AND THE
PROCEEDS THEREOF SHALL BE PAID TO THE STATE COMPTROLLER AND DEPOSITED IN
THE GENERAL FUND.
7. ANY OBLIGATIONS PURCHASED FOR INVESTMENT PURSUANT TO THIS SECTION
SHALL BE DELIVERED BY THE SELLER TO THE STATE COMPTROLLER, WHO SHALL BE
THE CUSTODIAN THEREOF UNTIL THE SAME ARE SOLD OR OTHERWISE DISPOSED OF.
THE STATE COMPTROLLER SHALL ALSO COLLECT THE INCOME OF SUCH INVESTMENTS
AND DEPOSIT SUCH INCOME IN THE GENERAL FUND.
8. ALL PAYMENTS FROM THE GENERAL FUND OF THE AUTHORITY SHALL BE MADE
BY REQUISITION OF AND SIGNED BY THE AUTHORITY AND AUDITED AND COUNTER-
SIGNED BY THE STATE COMPTROLLER.
9. THE AUTHORITY SHALL KEEP A COMPLETE RECORD OF ITS FINANCIAL TRANS-
ACTIONS, AND SHALL BE AUDITED FROM TIME TO TIME BY THE STATE COMPTROLLER
AS DEEMED NECESSARY.
§ 2799-TTTTT. REPORTS. 1. THE AUTHORITY SHALL, ON JANUARY FIRST OF
EACH YEAR, SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE
AND THE SPEAKER OF THE ASSEMBLY A WRITTEN REPORT, WHICH SHALL CONTAIN:
(A) A COMPLETE LIST OF THE PERSONNEL OF THE AUTHORITY, AND ALL OF THE
EMPLOYEES AND PERSONS CONNECTED WITH THE AUTHORITY;
(B) A FINANCIAL STATEMENT SHOWING CLEARLY AND CONSPICUOUSLY THE
FINANCES OF THE AUTHORITY, THE AMOUNTS AND DATES OF MATURITY OF ALL
BONDS, NOTES AND CERTIFICATES OF INDEBTEDNESS, THE AMOUNTS OF MONEY
RECEIVED AND FROM WHOM SUCH MONEY WAS RECEIVED FROM, AND THE AMOUNTS OF
MONEY PAID AND PURPOSES FOR WHICH SAME WERE PAID;
(C) A DESCRIPTIVE STATEMENT OF THE WORK DONE DURING THE PREVIOUS YEAR,
INCLUDING BUT NOT LIMITED TO WORK DONE TO EFFECTUATE THE OSWEGO RIVER
BASIN MANAGEMENT PLAN, AND OTHER FLOOD MITIGATION OR EMERGENCY FLOOD
RESPONSE WORK;
(D) A STATEMENT OF ANY LANDS PURCHASED BY THE AUTHORITY DURING THE
PREVIOUS YEAR AND A SUMMARY OF TOTAL LANDS PURCHASED BY THE AUTHORITY
FOR ALL PREVIOUSLY REPORTED YEARS PURSUANT TO SECTION TWENTY-SEVEN
HUNDRED NINETY-NINE-IIIII OF THIS TITLE. ADDITIONALLY, THE REQUIREMENT
OF THIS PARAGRAPH SHALL INCLUDE A STATEMENT OF PROPERTY IDENTIFIED BY
THE AUTHORITY THAT MAY BE PURCHASED IN FUTURE YEARS THAT WOULD EFFECTU-
ATE THE PURPOSES OF SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-IIIII OF
THIS TITLE;
(E) A STATEMENT OF THE CONDITION OF ALL RESERVOIRS, DAMS AND OTHER
FLOOD MITIGATION STRUCTURES, AND THE RESULTS SECURED BY THE OPERATION
THEREOF IN EACH CASE;
(F) A STATEMENT OF NORMAL AND FLOOD FLOWS, INCLUDING ALL CAPTURED OR
COMPILED DATA, FROM THE PREVIOUS YEAR AND A STATEMENT OF NORMAL AND
FLOOD FLOWS OF THE PREVIOUS YEARS COMPARED TO NORMAL AND FLOOD FLOWS
FROM ALL PREVIOUSLY REPORTED YEARS;
(G) A STATEMENT OF THE WORK COMPLETED OR ONGOING AS DONE BY THE
COMMITTEE; AND
(H) A STATEMENT OF ANY OSWEGO RIVER BASIN INTERGOVERNMENTAL COUNCILS
FORMED OR ACTIVE, THE WORK COMPLETED OR ONGOING AS DONE BY ANY SUCH
COUNCIL AND THE STATUS OF ANY COUNCIL FORMED DURING THE PREVIOUS YEAR
AND DURING ANY PREVIOUSLY REPORTED YEARS.
2. IN ADDITION TO PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, THE
AUTHORITY SHALL REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE ASSEMBLY SUCH OTHER MATTERS AS IT SHALL
DEEM NECESSARY OR THAT SHALL BE REQUIRED OF THE AUTHORITY.
§ 2799-UUUUU. HEARINGS; HEARING OFFICERS; DETERMINATIONS. WHENEVER
THE AUTHORITY SHALL MAKE A DETERMINATION PURSUANT TO THE PROVISIONS OF
THIS TITLE, IT MAY HEAR TESTIMONY AND TAKE PROOFS WHICH ARE MATERIAL FOR
S. 7649 28
ITS INQUIRY AND MAY APPOINT A HEARING OFFICER BY A WRITTEN APPOINTMENT
FOR THAT PURPOSE. EVERY HEARING OFFICER SO APPOINTED SHALL BE AUTHORIZED
TO TAKE SUCH TESTIMONY AND HEAR SUCH PROOFS AS MAY BE MATERIAL TO THE
INQUIRY AND REPORT THE PROOFS AND TESTIMONY SO TAKEN, WITH SUCH OFFI-
CER'S OPINION AS TO THE FACTS ESTABLISHED THEREBY, TO THE AUTHORITY. THE
AUTHORITY MAY MAKE SUCH DETERMINATION FROM THE PROOFS AND TESTIMONY
TAKEN BEFORE IT OR BEFORE SUCH HEARING OFFICER OR FROM ANY OTHER DATA
WHICH SHALL BE DEEMED SATISFACTORY, AND THE EXPENSES OF TAKING SUCH
TESTIMONY OR PROOFS SHALL BE DEEMED TO BE A PART OF THE EXPENSE OF THE
IMPROVEMENT TO WHICH IT RELATES.
§ 2799-VVVVV. TITLE NOT AFFECTED IF IN PART UNCONSTITUTIONAL OR INEF-
FECTIVE. IF ANY TERM OR PROVISION OF THIS TITLE SHALL BE DECLARED UNCON-
STITUTIONAL OR INEFFECTIVE IN WHOLE OR IN PART BY A COURT OF COMPETENT
JURISDICTION, THEN TO THE EXTENT THAT IT IS NOT UNCONSTITUTIONAL OR
INEFFECTIVE SUCH TERM OR PROVISION SHALL BE ENFORCED AND EFFECTUATED,
NOR SHALL SUCH DETERMINATION BE DEEMED TO INVALIDATE THE REMAINING TERMS
OR PROVISIONS HEREOF.
§ 2799-WWWWW. ACTIONS AGAINST THE AUTHORITY. 1. IN ANY ACTION FOUNDED
UPON TORT, A NOTICE OF CLAIM SHALL BE REQUIRED AS A CONDITION PRECEDENT
TO THE COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING AGAINST THE
AUTHORITY OR ANY OFFICER, APPOINTEE, AGENT OR EMPLOYEE THEREOF, AND THE
PROVISIONS OF SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW SHALL GOVERN
THE GIVING OF SUCH NOTICE. EXCEPT IN AN ACTION FOR WRONGFUL DEATH, AN
ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES TO REAL OR
PERSONAL PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJU-
RIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT BE COMMENCED MORE THAN
ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE
ACCRUED.
2. AN ACTION AGAINST THE AUTHORITY FOR WRONGFUL DEATH SHALL BE
COMMENCED IN ACCORDANCE WITH THE NOTICE OF CLAIM AND TIME LIMITATION
PROVISIONS OF TITLE ELEVEN OF ARTICLE NINE OF THIS CHAPTER.
§ 2. Paragraph (b) of subdivision 11 of section 310 of the executive
law, as amended by chapter 463 of the laws of 2011, is amended to read
as follows:
(b) a "state authority," as defined in subdivision one of section two
of the public authorities law, and the following:
Albany County Airport Authority;
Albany Port District Commission;
Alfred, Almond, Hornellsville Sewer Authority;
Battery Park City Authority;
Cayuga County Water and Sewer Authority;
(Nelson A. Rockefeller) Empire State Plaza Performing Arts
Center Corporation;
Industrial Exhibit Authority;
Livingston County Water and Sewer Authority;
Long Island Power Authority;
Long Island Rail Road;
Long Island Market Authority;
Manhattan and Bronx Surface Transit Operating Authority;
Metro-North Commuter Railroad;
Metropolitan Suburban Bus Authority;
Metropolitan Transportation Authority;
Natural Heritage Trust;
New York City Transit Authority;
New York Convention Center Operating Corporation;
New York State Bridge Authority;
S. 7649 29
New York State Olympic Regional Development Authority;
New York State Thruway Authority;
Niagara Falls Public Water Authority;
Niagara Falls Water Board;
OSWEGO RIVER BASIN AUTHORITY;
Port of Oswego Authority;
Power Authority of the State of New York;
Roosevelt Island Operating Corporation;
Schenectady Metroplex Development Authority;
State Insurance Fund;
Staten Island Rapid Transit Operating Authority;
State University Construction Fund;
Syracuse Regional Airport Authority;
Triborough Bridge and Tunnel Authority.
Upper Mohawk valley regional water board.
Upper Mohawk valley regional water finance authority.
Upper Mohawk valley memorial auditorium authority.
Urban Development Corporation and its subsidiary corporations.
§ 3. The public authorities law is amended by adding a new section
1174 to read as follows:
§ 1174. COORDINATION WITH THE OSWEGO RIVER BASIN AUTHORITY. NOTWITH-
STANDING ANY PROVISION OF THIS TITLE TO THE CONTRARY, THE AUTHORITY
SHALL BE REQUIRED TO COORDINATE WITH THE OSWEGO RIVER BASIN AUTHORITY,
AS ESTABLISHED BY TITLE THIRTY-SIX OF ARTICLE EIGHT OF THIS CHAPTER.
FURTHERMORE, THE AUTHORITY SHALL IMMEDIATELY, UPON THE REQUEST OF THE
OSWEGO RIVER BASIN AUTHORITY, CEDE ALL DUTIES AND POWERS RELATED TO THE
EFFECTUATION OF THE GENERAL DUTIES AND POWERS ENUMERATED IN TITLE THIR-
TY-SIX OF ARTICLE EIGHT OF THIS CHAPTER TO THE OSWEGO RIVER BASIN
AUTHORITY IN ORDER TO MITIGATE FLOOD EVENTS IN THE OSWEGO RIVER BASIN,
INCLUDING BUT NOT LIMITED TO THE CONTROL, OPERATION, MAINTENANCE, AND
ADJUSTMENT OF WATER LEVELS OF ALL RESERVOIRS, DAMS OR OTHER FLOOD MITI-
GATION STRUCTURES OWNED OR OPERATED BY THE AUTHORITY. THE AUTHORITY
SHALL REGAIN ALL POWERS AND DUTIES CEDED TO THE OSWEGO RIVER BASIN
AUTHORITY AT THE END OF A FLOOD EVENT, AS DETERMINED BY THE OSWEGO RIVER
BASIN AUTHORITY.
§ 4. The public authorities law is amended by adding a new section
1196-s to read as follows:
§ 1196-S. COORDINATION WITH THE OSWEGO RIVER BASIN AUTHORITY.
NOTWITHSTANDING ANY PROVISION OF THIS TITLE TO THE CONTRARY, AN AUTHORI-
TY ESTABLISHED AND ORGANIZED UNDER THIS TITLE SHALL BE REQUIRED TO COOR-
DINATE WITH THE OSWEGO RIVER BASIN AUTHORITY, AS ESTABLISHED BY TITLE
THIRTY-SIX OF ARTICLE EIGHT OF THIS CHAPTER. FURTHERMORE, AN AUTHORITY
SHALL IMMEDIATELY, UPON THE REQUEST OF THE OSWEGO RIVER BASIN AUTHORITY,
CEDE ALL DUTIES AND POWERS RELATED TO THE EFFECTUATION OF THE GENERAL
DUTIES AND POWERS ENUMERATED IN TITLE THIRTY-SIX OF ARTICLE EIGHT OF
THIS CHAPTER TO THE OSWEGO RIVER BASIN AUTHORITY IN ORDER TO MITIGATE
FLOOD EVENTS IN THE OSWEGO RIVER BASIN, INCLUDING BUT NOT LIMITED TO THE
CONTROL, OPERATION, MAINTENANCE, AND ADJUSTMENT OF WATER LEVELS OF ALL
RESERVOIRS, DAMS OR OTHER FLOOD MITIGATION STRUCTURES OWNED OR OPERATED
BY AN AUTHORITY. SUCH AUTHORITY SHALL REGAIN ALL POWERS AND DUTIES CEDED
TO THE OSWEGO RIVER BASIN AUTHORITY AT THE END OF A FLOOD EVENT, AS
DETERMINED BY THE OSWEGO RIVER BASIN AUTHORITY.
§ 5. This act shall take effect immediately; provided, however, that
the amendments to paragraph (b) of subdivision 11 of section 310 of the
executive law made by section two of this act shall not affect the
repeal of such section and shall be deemed repealed therewith.
