Bill Text: NY A01442 | 2011-2012 | General Assembly | Introduced

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Bill Title: Adds powers and duties to the canal corporation; directs the canal corporation to cause the design, preparation of plans, estimates and specifications and the supervision of the erection, construction, repair and removal of all structures referred to be performed by a licensed professional engineer; directs preparation of a flood response plan; makes related provisions.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2011-03-09 - enacting clause stricken [A01442 Detail]

Download: New_York-2011-A01442-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1442
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 10, 2011
                                      ___________
       Introduced by M. of A. DESTITO, LAVINE, REILLY, SCHROEDER -- Multi-Spon-
         sored by -- M. of A.  BOYLAND, CLARK, GLICK, MAGEE, MARKEY, MAYERSOHN,
         McENENY,  SWEENEY,  TOWNS, WEISENBERG -- read once and referred to the
         Committee on Corporations, Authorities and Commissions
       AN ACT to amend the canal law, in relation to  the  general  powers  and
         duties of the canal corporation
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 16 of section 10 of the canal law,  as  amended
    2  by  chapter  335 of the laws of 2001, is amended and three new  subdivi-
    3  sions 3-a, 9-b and 9-c are added to read as follows:
    4    3-A. CAUSE THE DESIGN, PREPARATION OF PLANS, ESTIMATES AND  SPECIFICA-
    5  TIONS  AND  THE  SUPERVISION  OF  THE ERECTION, CONSTRUCTION, REPAIR AND
    6  REMOVAL OF ALL STRUCTURES HERETOFORE  REFERRED  TO  BE  PERFORMED  BY  A
    7  LICENSED PROFESSIONAL ENGINEER.
    8    9-B.  OPERATE THE CANAL SYSTEM IN SUCH A MANNER WHICH MITIGATES FLOOD-
    9  ING ALONG THE SYSTEM TO PROTECT TO THE EXTENT POSSIBLE LIFE AND PROPERTY
   10  ON AND ALONG THE  CANAL  SYSTEM  WHEN  EXPECTED  AND  ACTUAL  CONDITIONS
   11  WARRANT.
   12    9-C.  CAUSE A FLOOD RESPONSE PLAN TO BE CREATED TO RESPOND TO EXPECTED
   13  AND ACTUAL FLOODING IN THE CANAL SYSTEM.
   14    (1) THE FLOOD RESPONSE PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:
   15    (I) A PLAN OF ACTION FOR COMMUNICATION WITH MARINERS, COUNTY EMERGENCY
   16  MANAGERS AND APPROPRIATE OFFICIALS, AND THE STATE  EMERGENCY  MANAGEMENT
   17  OFFICE;
   18    (II) INTERNAL COMMAND AND REPORTING COORDINATION;
   19    (III)  CANAL INFRASTRUCTURE OPERATION, TO INCLUDE PREEMPTIVE MEASURES;
   20  AND
   21    (IV) OTHER ELEMENTS AS DETERMINED BY THE CORPORATION AND  THE  DEPART-
   22  MENT OF ENVIRONMENTAL CONSERVATION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01701-01-1
       A. 1442                             2
    1    (2)  SUCH  PLAN SHALL BE PREPARED IN CONSULTATION WITH THE STATE EMER-
    2  GENCY MANAGEMENT OFFICE AND EMERGENCY MANAGERS FROM COUNTIES ADJACENT OR
    3  INTERSECTED BY THE CANAL SYSTEM AND THE COMPLETED  PLAN  MUST  BE  FILED
    4  WITH THE OFFICES THEREOF.
    5    (3) THE CORPORATION SHALL SUBMIT A COPY OF SUCH PLAN TO THE DEPARTMENT
    6  OF ENVIRONMENTAL CONSERVATION WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF
    7  THIS SUBDIVISION, AND ANNUALLY UPDATE AND SUBMIT SUCH PLAN THEREAFTER.
    8    16.  Cause to be removed from canal lands AND WATERS any encroachments
    9  which in its judgment are detrimental, INCLUDING THE REMOVAL OF DEBRIS.
   10    S 2. This act shall take effect immediately.