Title CAL, Canal

Section 1. Short title. This chapter shall be known as the "Canal\nLaw."\n

§ 10. General powers and duties of the corporation relating to\ncanals. The corporation shall:\n 1. Have general supervision of the canal system and its operating\npersonnel and enforce the faithful administration and observance of the\ncanal law.\n 2. Appoint and remove all off…

§ 100. Granting revocable permits. The corporation is hereby\nauthorized, in its discretion, to issue revocable permits granting\ncertain limited privileges therein, whenever the same can be done\nwithout detriment to canal navigation or damage to the banks or other\nstructures …

§ 101. Railroads operating over canals. The corporation shall have a\ngeneral supervisory power over so much of any railroad as passes over\nany canal or feeder belonging to the state or approaches within ten rods\nthereof, so far as may be necessary to preserve the free and per…

§ 102. Pipe lines crossing canals. No pipe line shall be constructed\nupon or across any of the canals of this state, except by the consent of\nand in a manner and upon the terms prescribed by the corporation, unless\nconstructed upon a fixed bridge across such canal and with th…

§ 103. Tolls for lock and lift bridge passage by vessels and use of\nlocks and lift bridges. 1. The corporation shall have the power to\nimpose tolls for the passage through locks and lift bridges by vessels\nwhich are propelled in whole or in part by mechanical power, and to\nc…

§ 104. Use of dry docks for repairs. The corporation may grant\npermission to owners of vessels operating upon the canals to use the\nstate dry docks to the extent space is not required for the needs of\ncanal maintenance vessels, and the corporation shall collect from such\nown…

§ 11. Adopt-a-trail program. 1. The corporation may develop and\nimplement an adopt-a-trail program, the purposes of which may be to\nreduce and remove litter and debris and to enhance the appearance and\nmaintenance of the canalway trail and related facilities, as needed.\nSuch…

§ 110. Canal officers not to be interested in floats, contracts, or\nhydraulic works. No public officer or employee connected with the care\nor management of the canal system shall be interested in any hydraulic\nwork dependent upon the canals for a supply of water or in any\nco…

§ 111. Ineligibility to appointment on the canals. No person owning\nany hydraulic works dependent upon the canals for their supply of water,\nor employed in or connected with any such works, or engaged in\ntransporting property upon the canals or owning or otherwise interested\…

§ 112. Exemption of canal officers from arrest in civil actions.\nNeither the corporation, nor any officer or responsible employee in the\ncorporation in charge of canal structures or forces thereof, or other\npublic officer employed upon or in charge of the canal system or part…

§ 113. Delivery of property on discharge of employees. Every person\nemployed upon the canal system and occupying any house, office,\nbuilding, or land belonging thereto, who is discharged from his\nemployment or otherwise separated from the service, and the spouse and\nfamily o…

§ 114. Functions, powers or duties imposed upon officers or employees\nby statutory name. Whenever a function, power or duty is imposed upon\nthe corporation, and an officer or employee, or a group or class thereof\nis designated in this chapter by a statutory or specific title …

§ 120. Claims for damage generally. There shall be allowed and paid to\nevery person sustaining damages from the canals or from their use or\nmanagement, or resulting or arising from the neglect or conduct of any\nofficer of the state or the corporation having charge thereof, or…

§ 121. Adjustment of claims of owners of private dams. Whenever the\nstate including the corporation in the course of the construction of the\nimproved canals in the rivers or waterways of the state, for the purpose\nof obtaining a sufficient depth or supply of water for canal p…

§ 130. Operation of hydro-electric plants at Crescent and Vischer\nFerry. The corporation shall have charge of the hydro-electric plants\nconstructed pursuant to chapter five hundred thirty-two of the laws of\nnineteen hundred twenty-two for the development and generation into\n…

§ 131. Emergency repairs. When, in the opinion of the corporation, an\nemergency exists endangering the canal system the corporation may seize\nany lands, equipment, materials or supplies necessary to avert such\ndamage or to restore the banks or other property which may be thre…

§ 132. Investigate matters relating to the canal system; immunity of\nwitnesses. 1. The corporation may, whenever the corporation shall deem\nit necessary, to effectively accomplish the purposes of this chapter,\ninvestigate any or all matters and transactions connected with or\…

§ 133. Impose penalties and power to remit. The corporation may, in\nits discretion, remit either absolutely, or on such conditions as it\nshall prescribe, any forfeiture incurred by a violation of any provision\nof this chapter, or any of the rules and regulations established b…

§ 134. Actions for penalties. All actions for penalties and\nforfeitures imposed in this chapter, or for damages, on behalf of the\nstate including the corporation, shall be prosecuted in the name of the\ncorporation, by the corporation, unless otherwise specifically provided.\n…

§ 138-a. Canal recreationway commission. 1. There is hereby\nestablished a canal recreationway commission (hereinafter referred to as\nthe "commission") consisting of the following members:\n a. the chairman of the authority, the commissioner of transportation,\nthe commissioner…

§ 138-b. Functions, powers and duties. The commission shall:\n 1. Develop, maintain and periodically revise a statewide canal\nrecreationway plan (hereinafter referred to as the "plan") for the canal\nsystem. Such plan shall be developed in accordance with the provisions\nof sec…

§ 138-c. Canal recreationway plan. 1. The commission shall, in\naccordance with the provisions of section one hundred thirty-eight-b of\nthis article, formulate a statewide canal recreationway plan for the\ncanal system that is based upon the inventory prepared pursuant to\nsubd…

* § 139. Upstate flood mitigation task force. The upstate flood\nmitigation task force, referred to in this article as the "task force",\nis hereby established to identify reasonable measures that can be taken\nto enhance flood management and mitigation in the upstate flood\nmit…

* § 139-a. Definitions. When used in this article:\n 1. "Adaptive measures" means any adjustment, whether passive, reactive\nor anticipatory, that may be taken to ameliorate the anticipated adverse\nconsequences associated with flood events.\n 2. "Flood control study sector" mea…

* § 139-b. Task force composition. 1. The task force shall consist of\nnine members, including the director of the canal corporation, the\ncommissioner of transportation, the director of the division of homeland\nsecurity and emergency services and the commissioner of environmen…

* § 139-c. Task force duties and powers. The role of the task force\nshall include but not be limited to:\n 1. Conducting an in-depth examination, presented as a public report no\nlater than July first, two thousand twenty-three, of flood control study\nsectors and issues relate…

* § 139-d. Upstate flood mitigation grant program. 1. The task force\nshall establish an upstate flood mitigation grant program to be\nadministered by the canal corporation based on the task force's in-depth\nexamination of flood control study sectors and issues related to\nfloo…

§ 140. Saving clause. 1. The provisions of this chapter or the repeal\nof any statute thereby, shall not affect or impair any act done or right\naccrued or acquired, or any liability, penalty, forfeiture or punishment\nincurred or defense accrued, or established prior to its ena…

§ 141. Laws repealed. Chapter thirteen of the laws of nineteen hundred\nand nine, entitled "An act relating to canals, constituting chapter five\nof the consolidated laws," and all acts amendatory thereof and\nsupplemental thereto, and chapter sixty, laws of nineteen hundred and…

§ 142. When to take effect. This act shall take effect immediately.\n

§ 2. Definitions. The following terms when used in this chapter,\nunless otherwise expressly stated or unless the context or subject\nmatter requires otherwise, shall have the following meanings:\n 1. "New York State Canal System", "Canal System" or "Barge Canal\nSystem" shall e…

§ 21. Preparation contract, plans and estimates. The corporation shall\nmake surveys and prepare plans and specifications for work in connection\nwith the improvement, maintenance or repair of the canal system to be\nperformed under contract. It shall ascertain with all practica…

§ 22. Supervision of contracts. The corporation shall provide for\nfield supervision over improvement, maintenance or repair work on the\ncanal system that is done under contract. The corporation shall assign\nsuch engineers, inspectors and other engineering employees as may be\…

§ 23. Record of measurements. The corporation shall require every\nengineer employed on canal engineering to enter in permanent field books\na complete record of all surveys, field measurements and construction\nnotes. These books shall be filed in the corporation and shall be\n…

§ 24. Making and recording maps. There shall be kept on file in the\noffice of the corporation complete maps of every canal now or hereafter\nto be built on which the boundaries of every parcel of land to which the\nstate shall have a separate title shall be designated and the n…

§ 25. Making and recording of "Blue Line" maps. The commissioner of\ntransportation shall cause the preparation of maps of the Erie, Oswego,\nChamplain and the Cayuga and Seneca canals as they existed prior to and\nindependent of lands appropriated for barge canal purposes and o…

§ 30. Contracts for improvement, maintenance or repair of the canal\nsystem. Upon the completion and final approval of the plans and\nspecifications for the improvement, maintenance or repair to the canal\nsystem, contracts therefor shall be executed as provided herein.\n 1. Adv…

§ 31. Patented materials or articles. In the improvement, maintenance,\nor repair of the canal system, no patented material or article or any\nother material or article shall be specified, contracted for, or\npurchased, except under such circumstances that there can be fair and\…

§ 32. Performance of contracts. The performance of every contract for\nthe improvement, maintenance or repair of the canal system shall be\nunder the supervision and control of the corporation, and it shall be\nits duty to see that every such contract is performed in accordance …

§ 33. Acceptance of work. Upon the completion of the improvement,\nmaintenance or repair of any part of the canal system under a contract\nlet, as provided in this article, the corporation shall cause the same\nto be inspected, and upon the filing in the office of the corporatio…

§ 34. Exemption of materials or equipment from execution. All\nmaterials or equipment furnished or partly procured on a defaulted\ncontract with the corporation, shall be exempt from execution, but the\ncorporation shall pay the moneys due for such material or equipment to\nany …

§ 35. Certain federal aid improvements. This article shall not impair\nnor affect provisions of chapter six hundred eighty-eight of the laws of\nnineteen hundred thirty-four which authorize and direct compliance with\nthe federal laws, rules, regulations and conditions which gov…

§ 40. Acquisition of property. 1. The acquisition of property\nnecessary for purposes of the improvement, use, maintenance, control,\nmanagement or repair of the canal system, shall be pursuant to the\nprovisions of the eminent domain procedure law by the corporation or by\nthe …

§ 41. Acquisition of cemeteries. Whenever in the judgment of the\ncorporation, it is necessary for the purposes of improving, maintaining\nor repairing the canal system, to appropriate any property occupied by\ngraves, burial places, cemeteries or other places of interment of hu…

§ 42. Removal of encroachments. The corporation is authorized to cause\nto be removed from canal property any building, part of a building or\nstructure erected, placed, maintained or otherwise occupying such canal\nproperty, if, in its opinion, the removal is necessary for the\…

§ 43. Exchange of property. In order to facilitate the acquisition of\nproperty as defined in this article, and which, in the judgment of the\ncorporation, will be in the public interest and necessary for canal\npurposes, payment for such property may be made by means of an exch…

§ 44. When applied. The provisions of this chapter shall not affect\nany proceeding or appropriation now pending for the acquisition of any\nproperty for the purposes of the canal system of the state of New York,\nand any such proceeding or appropriation shall be continued to\nt…

§ 5. Transfer of powers and duties relating to canals and canal lands\nto the power authority of the state of New York. The powers and duties\nof the thruway authority relating to the New York state canal system as\nset forth in articles one through and including fourteen, excep…

§ 50. Authority to abandon canal lands. 1. Authority is hereby\nconferred upon the corporation to abandon any portion of barge canal\nlands, barge canal terminal lands, or old canal lands and appertaining\nstructures constituting the canal system prior to the barge canal\nimprov…