Adds powers and duties to the canal corporation

BILL NUMBER:S6504

Title of bill

An act to amend the canal law, in relation to the gener- al powers and duties of the canal corporation

Purpose or general idea of bill

Requires the Canal Corporation to operate the canal system in such a manner which mitigates flooding when conditions warrant; to create a plan to respond to flooding in the canal system; to remove debris from canal land and waters which in its judgment are detrimental.

Summary of specific provisions

Amends the Canal Law to add a new section 10.3-a, 10.9-b and 10.9-c and amends section 10.16.

Justification

In late June 2006, communities, businesses, farms and families were devastated by unprecedented flooding along the Erie Canal. The flooding also caused millions of dollars of damage to the canal system infras- tructure. A subsequent review found that the Canal Corporation should take on a greater role in flooding that occurs on and along the canal system.

While the canal system infrastructure does have some degree of flood mitigation ability, the Corporation maintains that it does not have the statutory authority to operate the system in a flood mitigator's manner when conditions warrant. With increased development along the canal and weather patterns producing more severe storms and increased rainfall, it is appropriate that the Canal Corporation embrace a greater role in flood management to mitigate potential damage caused by floods to life and property along the canal. Further, Article 15.4 of New York State Constitution recognizes flood control as a benefit derived from the canal system. Looking forward, it is in the interest of public safety and prudence that the Canal Corporation balances the purposes of naviga- tion and mitigation of flooding on its system. To that end, this legis- lation would clarify the Canal Corporation's statutory authority to address flooding to the extent possible.

Additionally, the Canal Corporation has no formal comprehensive flood response plans in place. A comprehensive flood response plan would layout the Canal Corporation's actions, procedures and responsibilities to flood events throughout the canal system. The lack of such a plan diminishes the ability of the Corporation to respond to flooding events such as that of the June 2006 flood. This legislation would.require a comprehensive flood plan for the canal system.

Debris can exacerbate high water conditions, hinder the ability to oper- ate gates on the moveable dams, can cause damage directly or indirectly to boats and system infrastructure and potentially put lives at risk. As

such, this legislation amends Canal Law to strengthen debris management along the canal system.

Prior legislative history

2007-08 - A.9346 -- Corporations 2009-10 - A.1066 -- Corporations 2011-12 - S.4430/A.9665 - TRANSPORTATION/Corporations

Fiscal implications

To be determined.

Effective date

Immediately.