STATE OF NEW YORK ________________________________________________________________________ 7649 2023-2024 Regular Sessions IN SENATE September 11, 2023 ___________ Introduced by Sen. MANNION -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public authorities law and the executive law, in relation to establishing the Oswego river basin authority The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 8 of the public authorities law is amended by 2 adding a new title 36 to read as follows: 3 TITLE 36 4 OSWEGO RIVER BASIN AUTHORITY 5 Section 2799-aaaaa. Short title. 6 2799-bbbbb. Definitions. 7 2799-ccccc. Oswego river basin authority. 8 2799-ddddd. Organization of the Oswego river basin authority. 9 2799-eeeee. General duties. 10 2799-fffff. General powers. 11 2799-ggggg. Oswego river basin advisory committee. 12 2799-hhhhh. Oswego river basin intergovernmental council. 13 2799-iiiii. Acquisition of real estate. 14 2799-jjjjj. Discontinuance or relocation, or both, of highways, 15 roads and streets. 16 2799-kkkkk. Taxation of real estate. 17 2799-lllll. Cemeteries. 18 2799-mmmmm. Procedure for construction of reservoirs, dams and 19 other flood mitigation structures. 20 2799-nnnnn. Operation of reservoirs, dams or other flood miti- 21 gation structures. 22 2799-ooooo. Apportionment of cost. 23 2799-ppppp. Assessments; how levied and collected. 24 2799-qqqqq. Operation and maintenance charges. 25 2799-rrrrr. Error in names. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13168-02-3

S. 7649 2 1 2799-sssss. Financing. 2 2799-ttttt. Reports. 3 2799-uuuuu. Hearings; hearing officers; determinations. 4 2799-vvvvv. Title not affected if in part unconstitutional or 5 ineffective. 6 2799-wwwww. Actions against the authority. 7 § 2799-aaaaa. Short title. This title shall be known and may be cited 8 as the "Oswego river basin authority act". 9 § 2799-bbbbb. Definitions. As used in this title, the following terms 10 shall have the following meanings: 11 1. "Real estate" shall include, when used without words of limitation, 12 all uplands, lands under water, the waters of any lake, pond or stream, 13 all water and riparian rights or privileges, all water powers, water 14 plants, and all dams, races, sluiceways and machinery connected there- 15 with, and any and all easements and incorporeal hereditaments, and every 16 estate, interest and right, legal or equitable, in land or water, 17 including terms for years, and liens, legal or equitable, on real 18 estate, as above defined, in way of judgment, mortgage or otherwise, and 19 all real estate as above defined acquired or used for railroad, highway, 20 or other public purposes. 21 2. "Reservoir" means a basin for impounding water, formed or enlarged 22 by a dam, constructed or maintained for the purpose of regulating the 23 flow of a stream or river and shall be construed to include the dams and 24 dikes or other structures by means of which the water is or is to be 25 impounded, the gate houses, including controlling gates, sluices, 26 screens, racks and other accessories thereto; spillways, fishways, log 27 or ice chutes, or barriers and all accessories thereto; all bridges or 28 roadways over or appurtenant to the dams and dikes; all other struc- 29 tures, devices, or appliances connected with or appurtenant to any of 30 the structures hereinbefore enumerated, in such manner that they cannot 31 be removed without injury to such structures or without impairing the 32 usefulness thereof for the purposes for which they are intended; the 33 lands under the water impounded, or to be impounded, by the dam or dams, 34 and such lands surrounding or adjacent to the dam, or the water impound- 35 ed or to be impounded thereby, and such other real estate and appli- 36 ances, including roadways and telephone lines, as shall be necessary for 37 the purposes of the construction, maintenance, or operation of a reser- 38 voir, as above defined, also including such land surrounding such reser- 39 voir as may be necessary to preserve and protect such reservoir from 40 unsanitary conditions, and from any encroachment affecting its use for 41 the purpose of regulating the flow of the stream or river for the regu- 42 lation of which it may be constructed. Such term is not intended to 43 include a reservoir created by a dam constructed or maintained for power 44 purposes except when necessity or emergency requires the control, regu- 45 lation, adjustment or monitoring of water flows of such reservoir 46 created by a dam constructed or maintained for power purposes pursuant 47 to section twenty-seven hundred ninety-nine-ooooo of this title, but is 48 intended to include a reservoir at or by reason of which there may be, 49 as an incident to the construction, maintenance and operation of such 50 reservoir, the possibility of the utilization of a portion of the water 51 stored thereby for power purposes, without in any way interfering with 52 the primary purpose of a reservoir constructed under the provisions of 53 this title. 54 3. "Benefit" or "benefits" shall be interpreted to include benefits to 55 real estate, public or private, to municipal water supply, to naviga- 56 tion, to flood mitigation, to flood emergency response, to agriculture

S. 7649 3 1 and to industrial and general welfare by reason of the maintenance and 2 operation of a reservoir, dam or other flood mitigation structure, 3 whether such benefit shall inure to a person, a public corporation or 4 the state. In the event that any reservoir, dam or other flood miti- 5 gation structure operates to relieve the state of any obligation by 6 reason of diversion of the water of any river for canal purposes, the 7 state, to the extent that the maintenance and operation of such reser- 8 voir, dam or other flood mitigation structure may accomplish such 9 relief, shall be deemed to have received benefit therefrom. 10 4. "Authority" means the Oswego river basin authority. 11 5. "Preliminary expenses" means expenditures made or incurred by the 12 state on account of the services or expenses of its officers or employ- 13 ees in making studies, investigations, surveys, plans, specifications 14 and estimates; in negotiating, drafting, and letting contracts; in 15 supervising and directing the construction of works and structures, as 16 authorized or required by this title; and the expenses of procuring 17 searches, or abstracts of title of real estate for the purpose of carry- 18 ing out the provisions of this title. 19 6. "Regulation" means only such regulation as can be had through the 20 construction, maintenance, operation, monitoring and adjustment of water 21 flows of a reservoir, dam or other flood mitigation structure, excepting 22 as otherwise expressly provided in this title. 23 7. "Average flow" means that result in terms of cubic feet of water 24 per second derived by the division of the total number of cubic feet of 25 water flowed by any stream or river, at the location thereon where the 26 measurement is taken, in one year, or for an average of years, by the 27 number of seconds in a year. 28 8. "Average normal flow" or "normal flow" means that result in terms 29 of cubic feet of water per second derived by the division of the total 30 number of cubic feet of water flowed by any stream or river, at the 31 location thereon where the measurement thereof is taken, on those days 32 in a year during which such flow did not exceed the average flow, by the 33 number of seconds in the total number of such days. 34 9. "Cost of construction" shall include, in addition to the cost of a 35 reservoir, dam or other flood mitigation structure, all preliminary 36 expenses, all expenses of organization of the authority, engineering 37 fees, costs of surveys, plans, advertising, salaries, compensation and 38 expenses of the authority, together with all legal and other expenses, 39 incidental to the construction of such reservoir, dam or other flood 40 mitigation structure up to time of the completion thereof. 41 10. "Cost of maintenance and operation" shall include all expenses for 42 repairs and upkeep of a reservoir, dam or other flood mitigation struc- 43 ture, all such expenses necessary to the proper operation of such reser- 44 voir, dam or other flood mitigation structure for the purposes for which 45 it was constructed and all such part of the compensation and expenses of 46 the authority, its officers and employees after the completion of such 47 reservoir, dam or other flood mitigation structure as are in the judg- 48 ment of the authority. 49 11. "High flow line" means the line which will be made around a reser- 50 voir, dam or other flood mitigation structure, as applicable, by the 51 water therein when it is at the level of the crest of the reservoir, dam 52 or other flood mitigation structure spillway. 53 12. "Low flow line" means the line made by the water of a reservoir, 54 dam or other flood mitigation structure, if applicable, when it is at 55 the lowest level which, consistent with the regulation of the flow of

S. 7649 4 1 the river and the maintenance of sanitary conditions, the authority 2 shall fix and determine. 3 13. "Unsanitary condition or conditions" means such condition or 4 conditions which are a menace to the public health. 5 14. "Filing" means, whenever it is required that copies of maps and 6 documents be filed, certified copies thereof shall be filed in the 7 offices of the clerks of each county, town, city or incorporated 8 village, any part of which wholly or partially contained within the 9 Oswego river basin, and made available on the website of the authority. 10 15. "Recorded" means, whenever it is required that any document be 11 recorded, the authority shall send a certified copy thereof to the clerk 12 of each county, town, city or incorporated village, any part of which 13 wholly or partially contained within the Oswego river basin, and it 14 shall be the duty of such clerk thereupon to record such document and to 15 collect the legal fees therefor. 16 16. "Costs" means, whenever it is practicable so to do, in the cost of 17 any surveys, maps, estimates, determinations of enhancements, apportion- 18 ments of costs or assessments made, or construction, maintenance or 19 repair work carried out, the inclusion of the cost of all proceedings, 20 hearings, notifications, filings, recordings, and engineering, legal and 21 other services and expenses which may lawfully be incurred, including 22 the cost of acquisition of lands and rights of way, suits and prose- 23 cutions. 24 17. "Assessment" means the whole or any appropriate part of the proce- 25 dure by which the cost of any proceeding or construction project is made 26 a legal charge on certain properties. It may include the determination 27 of enhancements and apportionment of construction and other costs. 28 Assessment includes similar proceedings once specified in former or 29 other general and special laws with regard to drainage. 30 18. "National flood insurance program" means that act of Congress 31 codified as chapter fifty of title forty-two of the United States code, 32 all acts amendatory thereof and all regulations promulgated thereunder. 33 19. "Projects and activities" means any action taken by the authority 34 in the implementation of this title. 35 20. "Oswego river basin" means a watershed in the state of New York 36 comprised of all rivers, streams, creeks, lakes, reservoirs and the 37 surrounding land areas or other drainage, including but not limited to 38 canals, that drains or flows via the Oswego river into Lake Ontario. 39 21. "Disconnected floodplain" means an area in a floodplain identified 40 by the federal emergency management agency or the department of environ- 41 mental conservation that is disconnected from rivers and streams by 42 berms, roads, structures, or other development for any reason. 43 22. "North American vertical datum of 1988" means an elevation survey- 44 ing system developed by the national oceanic and atmospheric adminis- 45 tration, or successor elevation surveying system developed by such 46 administration. 47 23. "Canal corporation" means the New York state canal corporation. 48 24. "Reservoir, dam or other flood mitigation structure" means any 49 structure constructed, owned, operated, maintained, or regulated by the 50 authority used to mitigate flood events or to regulate the flow of water 51 in the Oswego river basin, including but not limited to a reservoir, as 52 defined in subdivision two of this section. 53 25. "Forest preserve" shall have the same meaning as such term is 54 defined pursuant to subdivision six of section 9-0101 of the environ- 55 mental conservation law.

S. 7649 5 1 § 2799-ccccc. Oswego river basin authority. For the purpose of effec- 2 tuating the general duties and powers established by this title, includ- 3 ing but not limited to, flood mitigation, water flow management, water 4 flow monitoring, emergency management and flood response, and any other 5 duty or power contained in this title, there is hereby created a corpo- 6 rate municipal instrumentality of the state to be known as the "Oswego 7 river basin authority", which shall be a body corporate and politic, and 8 a political subdivision of the state, exercising governmental and public 9 powers, perpetual in duration, capable of suing and being sued, and 10 which shall have the general powers and duties hereinafter enumerated, 11 together with such others as may hereafter be conferred upon it by law. 12 § 2799-ddddd. Organization of the Oswego river basin authority. 1. 13 The authority shall consist of seven trustees, who shall serve respec- 14 tively for terms of one, two, three, four, five, six and seven years, to 15 be appointed by the governor, by and with the advice and consent of the 16 senate. Each trustee shall hold office until a successor has been 17 appointed and qualified. At the expiration of the term of each trustee 18 and of each succeeding trustee, the governor shall, by and with the 19 advice and consent of the senate, appoint a successor, who shall hold 20 office for a term of five years, or until a successor has been appointed 21 and qualified. In the event of a vacancy occurring in the office of the 22 trustee by death, resignation or otherwise, the governor shall, by and 23 with the advice and consent of the senate, appoint a successor, who 24 shall hold office for the unexpired term. Four trustees shall constitute 25 a quorum for the purpose of organizing the authority and conducting the 26 business thereof. 27 2. Each trustee of the authority, before entering upon such trustee's 28 duties, shall take and subscribe the constitutional oath of office, 29 which oath shall be filed in the office of the secretary of state. Upon 30 taking the oath, the trustees shall choose from among their own number a 31 chair and vice-chair and shall select a treasurer. The chair shall also 32 act as chief executive officer whose appointment shall be subject to 33 confirmation by the senate. The trustees shall adopt by-laws and rules 34 and regulations suitable to the purposes of this title. The trustees 35 shall adopt a seal and shall keep in well-bound books a record of all 36 its meetings and proceedings, certificates, contracts, surety bonds, and 37 corporate acts, which shall be open to the inspection of the trustees 38 thereof, all owners of real estate in the Oswego river basin and the 39 public, and shall make all such information available on the authority's 40 website. 41 3. The trustee chosen as chair, as provided in subdivision two of this 42 section, shall receive an annual salary which shall be set by the trus- 43 tees of the authority, and which shall not exceed the salary prescribed 44 for the positions listed in paragraph (c) of subdivision one of section 45 one hundred sixty-nine of the executive law. All other trustees shall 46 not receive a salary or other compensation. Each trustee shall receive 47 such trustee's reasonable expenses in the performance of such trustee's 48 duties hereunder. The trustee chosen as chair may elect to become a 49 member of the New York state and local employees' retirement system on 50 the basis of such compensation to which such chair shall be entitled as 51 herein provided, notwithstanding the provisions of any general, special 52 or local law, municipal charter, or ordinance. 53 4. The chief executive officer shall keep and be the custodian of the 54 records of the authority, and of its corporate seal, and shall assist 55 the authority in such particulars as it may direct in the performance of 56 its duties and responsibilities as enumerated in this title. Such offi-

S. 7649 6 1 cer shall attest under the corporate seal of the authority all certified 2 copies of the office records and files of the authority that may be 3 required of such officer by the provisions of this title or by any 4 person ordering the same and paying the reasonable cost of tran- 5 scription. Any portion of the records so certified and attested shall 6 prima facie import verity. The chief executive officer shall also serve 7 as treasurer of the authority unless a separate treasurer is selected by 8 the authority. 9 5. The authority may employ such attorneys, engineers, agents, assist- 10 ants and employees as may be necessary, and fix their compensation, 11 including the compensation of its treasurer. 12 6. The governor may remove a trustee of the authority for inefficien- 13 cy, neglect of duty or misconduct in office, giving to such trustee a 14 copy of the charges against such trustee and an opportunity of being 15 publicly heard in person or by counsel in such trustee's own defense 16 upon not less than ten days' notice. If such trustee shall be removed, 17 the governor shall file in the office of the secretary of state a 18 complete statement of all charges made against such trustee and the 19 findings thereon, together with a complete record of the proceedings. 20 § 2799-eeeee. General duties. 1. (a) (i) Upon its creation the author- 21 ity shall prepare a draft Oswego river basin management plan (hereinaft- 22 er referred to as the "draft basin management plan") for the regulation 23 of the flow of water in the Oswego river basin. Such draft basin manage- 24 ment plan shall show: 25 (1) the existing sites of reservoirs, dams or other flood mitigation 26 structures on such basin, whether any reservoir, dam or other flood 27 mitigation structure now existing can be and should be enlarged and to 28 what extent, and the approximate number of acres of land flowed or to be 29 flowed by each reservoir, dam or other flood mitigation structure; 30 (2) available and feasible sites of reservoirs, dams or other flood 31 mitigation structures on such basin and the approximate number of acres 32 of land to be flowed by each such reservoir, dam or other flood miti- 33 gation structure; 34 (3) whether any of such land identified by items one and two of this 35 subparagraph is owned by the state, if any, and how many acres, the 36 number of acres of private land required, together with the estimated 37 value of the land, and how many acres, if any, of such land are lands of 38 the state within the forest preserve. Such acreage shall include such 39 quantity of land surrounding a reservoir, dam or other flood mitigation 40 structure to be created or enlarged as would in the judgment of the 41 authority be required for the protection, maintenance and operation of 42 such reservoir, dam or other flood mitigation structure for the effectu- 43 ation of the general duties and powers of this title; 44 (4) a system to notify emergency first responders, including the divi- 45 sion of homeland security and emergency services, local police depart- 46 ments and other emergency first responders wholly or partially contained 47 within the Oswego river basin, of high flow and flood flow events, and 48 other emergency events as determined by the authority; 49 (5) other strategies to address any of the general duties enumerated 50 or detailed in this section; 51 (6) a system for the procedure for the monitoring of water flows 52 throughout the whole Oswego river basin; and 53 (7) a map of all disconnected floodplains in the Oswego river basin. 54 (ii) Additionally, the draft basin management plan shall be accompa- 55 nied by such maps, profiles and other data and descriptions as may be 56 necessary to set forth properly the duties detailed in this section,

S. 7649 7 1 including, but not limited to the location and character of the work and 2 of the property to be taken or damaged and by estimates of cost of each 3 such reservoir, dam or other flood mitigation structure. Further, the 4 draft basin management plan shall use the North American vertical datum 5 of 1988 as a common datum to communicate all elevations. In the case 6 that maps, plans and specifications for any such reservoir, dam or other 7 flood mitigation structure at or near the site thereof are on file in 8 any other department of state government or other state entity and would 9 be an aid in the preparation of such draft basin management plan, such 10 maps, plans and specifications shall be available to the authority for 11 such purpose. 12 (b) The draft basin management plan shall be developed in consultation 13 with the Oswego river basin advisory committee established pursuant to 14 section twenty-seven hundred ninety-nine-ggggg of this title and other 15 stakeholders as determined by the authority. 16 (c) The authority shall hold at least two regional public comment 17 hearings on such draft basin management plan and shall allow at least 18 one hundred twenty days for the submission of public comment prior to 19 the approval of such plan. 20 (d) The authority shall provide meaningful opportunities for public 21 comment from all segments of the population that will be impacted by the 22 draft basin management plan, including a community enrolled in the 23 national flood insurance program. 24 (e) Upon the completion of such draft basin management plan, public 25 hearings and the public comment period, the authority may approve such 26 plan and shall certify such plan by resolution. The authority may, by 27 resolution, chose to modify such plan and approve it as so modified. 28 Once approved by the authority, such plan shall be known as the "offi- 29 cial Oswego river basin management plan" or "official plan" for the 30 regulation of the flow of water in the Oswego river basin. Such plan in 31 like manner may be altered from time to time, provided such alteration 32 shall not affect any assessment already made and such alteration shall 33 only occur after a period of public comment and a public hearing. As 34 soon as practicable, the authority shall make the draft Oswego river 35 basin management plan and the official Oswego river basin management 36 plan available to the public for inspection and examination at every 37 office of the authority and on the authority's website. Digital files 38 of such plans shall also be made available, upon request, to the clerk 39 of each county, city, town or village in which the Oswego river basin or 40 a portion thereof is located. 41 2. The authority shall create and conduct an education and outreach 42 campaign in the Oswego river basin, and in doing so may incorporate 43 strategies from any communication plan developed by the committee. 44 3. Any projects or activities, including the construction of any 45 reservoirs, dams or other flood mitigation structures, undertaken by the 46 authority shall ensure full compliance with article eight of the envi- 47 ronmental conservation law. 48 § 2799-fffff. General powers. 1. The authority shall have power to 49 promulgate rules and regulations necessary for the effectuation of the 50 powers and duties enumerated in this title. 51 2. The authority and its authorized agents may enter upon any lands, 52 as in its judgment may be necessary, for the purpose of making surveys 53 and examinations to accomplish any purpose authorized by this title, and 54 shall be liable only for actual damage done. 55 3. The authority shall have and may exercise all of the powers enumer- 56 ated in this title, and in addition thereto all such other powers as are

S. 7649 8 1 necessary and proper to carry into execution the powers expressly grant- 2 ed to it, including the power to: 3 (a) make such channel improvements as may be necessary to prevent 4 damage to downstream properties by the waters released from a reservoir, 5 dam or other flood mitigation structure; 6 (b) mitigate any and all flood events; 7 (c) manage and adjust the flow of water in the Oswego river basin; 8 (d) monitor the flow of water in the Oswego river basin; and 9 (e) coordinate and cooperate with emergency management and flood 10 response, if necessary and appropriate. 11 4. Notwithstanding any law, rule or regulation to the contrary, the 12 authority shall have charge of the control, operation, maintenance, and 13 adjustment of water levels of all reservoirs, dams or other flood miti- 14 gation structures currently in existence, or hereafter constructed, 15 along all points and portions of the Oswego river basin for the regu- 16 lation of the flow of water in such basin, including any reservoir, dam 17 or other flood mitigation structure owned, operated, controlled or 18 otherwise overseen by a county, city, town, or village, excluding howev- 19 er: 20 (a) a reservoir, dam or other flood mitigation structure which is or 21 may be maintained primarily to provide water for the canal system of the 22 state, provided however, that the authority may have charge of the 23 control, operation, maintenance, and adjustment of such reservoir upon 24 an agreement or contract between the authority and the canal corpo- 25 ration; and 26 (b) reservoirs owned or operated by a holder of a license issued under 27 the federal power act, provided however, that the authority may have 28 charge of the control, operation, maintenance, and adjustment of such 29 reservoir upon an agreement or contract between the authority and such 30 holder of a license issued under the federal power act. 31 5. The authority shall have the right to establish and maintain stream 32 gauges and rain gauges, and may make such surveys and examinations of 33 rainfall, stream flow and flood conditions, and of other scientific and 34 engineering subjects as may be necessary and proper for the purposes of 35 the authority at any location in the Oswego river basin, and shall 36 preserve a record thereof available to the public on the authority's 37 website. Digital files of such stream gauges and rain gauges shall also 38 be made available, upon request, to the clerk of each county, city, town 39 or village in which the Oswego river basin or a portion thereof is 40 located. 41 6. The authority, subject to the limitations of this title, shall have 42 a dominant right of eminent domain over any right of eminent domain of 43 public corporations. In exercise of such right, the authority shall take 44 due care to ensure no unnecessary damage to other public utilities, and 45 in the case of failure to agree upon the mode and terms of interference, 46 the authority shall take due care not to interfere with any operation 47 and usefulness beyond the actual necessities of the case, and shall pay 48 due regard to other public interests involved. 49 7. The authority shall have power to consent to the transfer of juris- 50 diction over lands under its jurisdiction to any state department or a 51 bureau, division or agency thereof, or to any state agency, upon such 52 terms and conditions and under such regulations and restrictions as such 53 authority shall deem just and proper, provided, however, that the use of 54 such lands shall not interfere with the purposes for which they were 55 acquired.

S. 7649 9 1 8. The authority shall have the power to coordinate with the Onondaga 2 county water authority as established by title seven of article five of 3 this chapter. Further, the authority shall immediately, upon making a 4 request to the Onondaga county water authority, assume all duties and 5 powers of the Onondaga county water authority related to the effectua- 6 tion of the general duties and powers enumerated in this title in order 7 to mitigate flood events in the Oswego river basin, including but not 8 limited to the control, operation, maintenance, and adjustment of water 9 levels of all reservoirs, dams or other flood mitigation structures 10 owned or operated by the Onondaga county water authority. The Onondaga 11 county water authority shall regain all powers and duties ceded to the 12 authority at the end of a flood event, as determined by the authority, 13 or upon the relinquishment by the authority. 14 9. The authority shall have the power to coordinate with an authority 15 established pursuant to title eight-a of article five of this chapter. 16 Further, the authority shall immediately, upon making a request to any 17 such authority established by title eight-a of article five of this 18 chapter, assume all duties and powers of such authority established by 19 such title related to the effectuation of the general duties and powers 20 enumerated in this title in order to mitigate flood events in the Oswego 21 river basin, including but not limited to the control, operation, main- 22 tenance, and adjustment of water levels of all reservoirs, dams or other 23 flood mitigation structures owned or operated by an authority estab- 24 lished by title eight-a of article five of this chapter. An authority 25 established by title eight-a of article five of this chapter shall 26 regain all powers and duties ceded to the authority at the end of a 27 flood event, as determined by the authority, or upon the relinquishment 28 by the authority. 29 § 2799-ggggg. Oswego river basin advisory committee. 1. There is here- 30 by established within the authority the Oswego river basin advisory 31 committee (hereinafter referred to as "the committee"), consisting of 32 twenty-one members to advise the chair of the authority on matters 33 relating to the state's role in managing the Oswego river basin, includ- 34 ing but not limited to regional and federal activities aimed at regulat- 35 ing the flow of water, flood mitigation, the coordination of emergency 36 flood response, domestic, municipal, industrial and agricultural water 37 supplies, navigation, hydroelectric power and energy production, recre- 38 ation, fish and wildlife habitat and a balanced ecosystem. 39 2. The committee shall: 40 (a) advise the chair of the authority on the creation, implementation 41 and modification to the draft Oswego river basin management plan and the 42 Oswego river basin management plan as developed pursuant to section 43 twenty-seven hundred ninety-nine-eeeee of this title; 44 (b) advise the members of the Oswego river basin intergovernmental 45 council, as established pursuant to section twenty-seven hundred nine- 46 ty-nine-hhhhh, as needed; and 47 (c) annually identify specific research or program needs for funding 48 from state, federal, private or other sources. Such annual program, with 49 as much detail on the scope and expectations of each project as is prac- 50 tical, shall be submitted to the authority, which shall select specific 51 projects from the program, recommended by the committee, and shall 52 furnish the governor and the director of the division of the budget such 53 estimates and information for inclusion in the budget of the state. 54 3. The governor shall appoint nine members to the committee, with one 55 member representing an institution that performs research on the issues 56 and the problems of the Oswego river basin, one member representing a

S. 7649 10 1 labor union whose members derive their livelihood from the Oswego river 2 basin, three members representing environmental or conservation organ- 3 izations with interests in the Oswego river basin, two members repres- 4 enting business organizations whose commercial interest lies in activ- 5 ities in or around the Oswego river basin, one member representing a 6 municipality wholly or partially contained within the Oswego river basin 7 and one member representing a county having a population of four hundred 8 fifty thousand people or more wholly or partially contained within the 9 Oswego river basin. The temporary president of the senate and the speak- 10 er of the assembly shall each appoint two members who have a demon- 11 strated knowledge in Oswego river basin issues. The chair of the author- 12 ity, the commissioners of the departments of environmental conservation, 13 health, transportation, and economic development, the director of the 14 canal corporation, the chair of the power authority of the state of New 15 York and the commissioner of the division of homeland security and emer- 16 gency services or their designated representative shall be ex-officio 17 members. The appointed members of the committee shall serve terms of 18 three years, provided, however, that of the members first appointed by 19 the governor, three members shall be appointed for a term of three 20 years, three members shall be appointed for a term of two years and 21 three members shall be appointed for a term of one year. An appointment 22 to fill a vacancy shall be made for the remainder of the affected term 23 in the same manner as the original appointment was made. Such appoint- 24 ment shall be made within sixty days of the date the position becomes 25 vacant. Members shall serve until their successor has been appointed. 26 4. The advisory committee shall meet for the first time within one 27 hundred eighty days after the creation of the authority pursuant to this 28 title, and thereafter shall meet a minimum of three times annually. 29 5. Advisory committee members shall receive no compensation for their 30 services, but shall be reimbursed for their actual and necessary 31 expenses incurred during the performance of their duties. 32 6. The committee shall submit a report by the first of January next 33 succeeding the date this section shall take effect and annually there- 34 after to the governor, the speaker of the assembly and the temporary 35 president of the senate. Such report shall include an evaluation of the 36 problems and conditions of the Oswego river basin, recommendations for 37 the authority and legislative recommendations. 38 7. The committee shall develop a communication plan for high flow and 39 flood flow events and submit such plan and recommendations to implement 40 such plan to the authority, the governor, the speaker of the assembly 41 and the temporary president of the senate. Further, the authority shall 42 make such communication plan available on the website of the authority 43 and share such communication plan with other state entities when 44 requested. 45 § 2799-hhhhh. Oswego river basin intergovernmental council. 1. The 46 authority may establish, by the passage of a resolution, an Oswego river 47 basin intergovernmental council (hereinafter referred to as "the coun- 48 cil") which shall consist of members from any county, city, town, 49 village, school district, local police department, state entity, a hold- 50 er of a license issued under the federal power act, lake association or 51 private entity, or any combination thereof, operating or contained whol- 52 ly or partially within the Oswego river basin. Such establishment of a 53 council shall effectuate the implementation of the authority's general 54 duties or powers and improve coordination or communication with public 55 and private entities which are wholly or partially contained or operate 56 within the Oswego river basin or otherwise improve flood mitigation

S. 7649 11 1 efforts in the Oswego river basin. When an Oswego river basin intergov- 2 ernmental council is established, such council shall have the power to: 3 (a) make surveys and studies and conduct research programs to aid in 4 the solution of local flood mitigation problems and in efforts to 5 improve authority administration and services; 6 (b) provide for the distribution of information resulting from such 7 surveys, studies and programs created, established or produced by the 8 authority or the council; 9 (c) consult and cooperate with appropriate state, municipal and public 10 or private agencies in matters affecting the powers and duties of the 11 authority; and 12 (d) devise recommendations for obtaining greater economy and efficien- 13 cy in the planning and provision of authority services and provide such 14 recommendations to the authority. 15 2. When a council is established pursuant to subdivision one of this 16 section, the members of the council shall adopt by-laws to govern its 17 activities. The chair of the authority shall be the chair of the coun- 18 cil established by this section and shall appoint members to the coun- 19 cil. Such chair shall select from the members a secretary and other 20 necessary officers to serve for such period as the members shall agree. 21 3. The authority shall provide the council with such facilities, 22 assistance and data as necessary to assist the council to carry out its 23 duties. Additionally, all other agencies of the state or subdivisions 24 thereof may, at the request of the chair, provide the council with such 25 assistance and data as is necessary for the council to carry out its 26 duties. 27 § 2799-iiiii. Acquisition of real estate. 1. The authority shall, 28 subject to the provisions of this section, have the right to condemn for 29 the use of the authority any real estate which is determined to be 30 necessary for the purpose of carrying out any provisions of this title. 31 It may acquire title to such real estate by agreement with the owner of 32 such real estate and upon payment therefor of the amount of compensation 33 to be paid to such owner. Additionally, the authority may acquire title 34 to real estate by agreement with the owner of such real estate and upon 35 payment therefor of the amount of compensation to be paid such owner for 36 the purpose of restoring a disconnected floodplain in the Oswego river 37 basin. 38 2. If any real estate belonging to any county, city, town, village or 39 school district is required for the purposes of this title, the county 40 legislative body for such county, the mayor and common council or 41 governing body for such city, the town authority for such town, the 42 village authority for such village, the trustees or authority of educa- 43 tion of any school district for such authority, or any persons, body or 44 bodies, having a like power, acting for a public corporation may grant 45 or surrender such real estate for such compensation as may be agreed 46 upon by such official representatives and the authority. The compen- 47 sation agreed upon as thus provided shall be paid to the fiscal officer 48 of the public corporation or the person or persons from whom such real 49 estate is acquired. 50 3. If the authority cannot agree with the owner upon the compensation 51 and damages to be paid for the real estate so acquired, it shall serve 52 upon such owner a notice that such real estate described therein has 53 been acquired by the authority for the purposes of this title, and shall 54 proceed to acquire title of such real estate under the provisions of the 55 eminent domain procedure law.

S. 7649 12 1 4. If any real property, owned by a corporation having the power by 2 law to exercise the right of eminent domain, is acquired pursuant to the 3 eminent domain procedure law, the authority shall have no right to enter 4 upon and take possession of any such real estate until the owner thereof 5 shall have been paid or tendered the amount due under the final order 6 and judgment in such proceedings, with interest. 7 5. If any such payments are made directly by the authority, the amount 8 so paid shall be refunded to the authority out of the general fund of 9 the authority, as provided in subdivision seven of section twenty-seven 10 hundred ninety-nine-sssss of this title. 11 6. Title to all real estate acquired pursuant to the provisions of 12 this title, except where expressly provided otherwise, shall be acquired 13 in the name of the state of New York, and when so acquired shall be 14 deemed to be acquired for public use. 15 7. All real estate acquired or taken pursuant to the provisions of 16 this title shall be hereby dedicated to the use and purposes for which 17 it is so taken, and the right, title and interest acquired by the state 18 therein shall be so acquired subject to such use and purposes. 19 § 2799-jjjjj. Discontinuance or relocation, or both, of highways, 20 roads and streets. 1. If the authority shall deem it necessary to 21 discontinue a public highway, road or street, or a part thereof, because 22 of its interference with the proper location of a reservoir, dam or 23 other flood mitigation structure, or other facility or structure neces- 24 sary for the effectuation of the duties of the authority, for which 25 preliminary plans shall have been adopted as provided in this title or 26 because of its interference with the effectuation of the duties of the 27 authority established by this title, it may discontinue such public 28 highway, road or street. If the authority shall determine that public 29 interest so requires, it may relocate such highway, road or street, or 30 the part being discontinued, along a course, or if discontinued due to 31 interference with a reservoir, dam or other flood mitigation structure, 32 wholly or partly within or without the high flow line of such reservoir, 33 dam or other flood mitigation structure, and acquire, with funds of the 34 authority applicable to the expense of such reservoir, dam or other 35 flood mitigation structure, in the manner provided in section twenty- 36 seven hundred ninety-nine-iiiii of this title, the necessary rights of 37 way or easements for such relocated part, or in lieu of such a relo- 38 cation, may establish new highways to connect with then existing high- 39 ways, roads or streets, to afford a substantial equivalent, for purposes 40 of highway traffic, of such a relocation. The determination of the 41 authority to relocate or establish any such highway, road or street 42 shall be by resolution, setting forth a description of the course of 43 such highway, road or street, a certified copy of which shall be filed 44 in the office of the clerk of each city, town and village containing any 45 part of the relocated or new highway, road or street and shall be made 46 available on the authority's website. If the highway, or part thereof, 47 so established or relocated shall be a state or county highway, the 48 resolution shall not be effective until approved by the commissioner of 49 transportation and with such commissioner's written approval appended 50 thereto. From the time of the filing of such copy or copies of the 51 resolution, the relocated or connecting highway shall be deemed duly 52 laid out. 53 2. After having acquired the necessary rights of way or easements 54 therefor, the authority, with its funds, shall construct such relocated 55 or connecting highway, road or street, or part thereof. If the highway, 56 or part thereof, which is discontinued, is a state or county highway, or

S. 7649 13 1 part thereof, the construction of the relocated or connecting highway 2 shall be in accordance with plans approved by the commissioner of trans- 3 portation. If the highway, or part thereof, which is discontinued is a 4 county road, or part thereof, the construction of the relocated or 5 connecting highway shall be in accordance with plans approved by the 6 county superintendent of highways. In the case of any other highway, 7 road or street, the authority shall construct the same so as to make it 8 conform in kind and quality generally to the discontinued highways, 9 roads and streets. 10 3. The control and maintenance of the relocated or connecting highway, 11 street or road, after its completion, shall vest in the local authori- 12 ties of the city, town or village, in which such highway, street or road 13 or any part thereof is situated, and for such purpose it shall be deemed 14 a highway, road or street of the city, town or village, except that if 15 the highway or road which was discontinued, or the part thereof discon- 16 tinued, was a state or county highway, or county road, the control and 17 maintenance of the relocated or connecting highway or road shall vest in 18 the state or county authorities having charge of the discontinued high- 19 way or road, and for such purpose it shall be deemed a state or county 20 highway, or county road, as the case may be. 21 § 2799-kkkkk. Taxation of real estate. Lands owned by the state and 22 acquired pursuant to the provisions of this title, exclusive of the 23 improvements erected thereon by the authority, shall be assessed and 24 taxed in the same manner as state lands subject to taxation pursuant to 25 title two of article five of the real property tax law. Provided, howev- 26 er, that the aggregate assessed valuations of such lands in any city, 27 town, or village shall not be reduced below the aggregate assessed valu- 28 ations thereof with the improvements thereon at the time of their acqui- 29 sition by the authority, and provided further that in case of a general 30 increase in assessments in any city, town, or village the assessed valu- 31 ations of the lands and improvements at the time of their acquisition by 32 the authority shall be deemed to have been increased proportionately 33 with the increase of other real property in such tax district. 34 § 2799-lllll. Cemeteries. 1. For the purposes of this title, whenever 35 it shall be necessary to use any portion of any lands or premises now 36 occupied by graves, burial places, cemeteries, or other places of inter- 37 ment of human remains, the authority may acquire such lands or premises 38 in the same manner as other real estate may be acquired pursuant to this 39 title. Provided, however, that if lands or premises so occupied and 40 sought to be acquired are not within a cemetery under the actual control 41 and management of a then existing religious or cemetery corporation, and 42 proceedings shall have been instituted by the authority for their acqui- 43 sition under the eminent domain procedure law, the court, if satisfied 44 at any stage of the proceedings that the public interests will be preju- 45 diced by delay, shall, by order, direct that the authority may enter 46 immediately on such lands and premises, and, after the provisions of 47 subdivisions four, five, six, seven and eight of this section and 48 sections three hundred four and four hundred four of the eminent domain 49 procedure law have been complied with, may dedicate the same to the 50 public use specified in the petition, upon deposit with the court of a 51 sum to be fixed by the court, but no such order shall be made except 52 upon notice of the application therefor served and posted as hereinafter 53 provided. 54 2. Such notice shall be served pursuant to the provisions of this 55 subdivision. If any of the owners or their places of residence are 56 unknown, notice addressed, generally, to all owners of and persons

S. 7649 14 1 interested in the lands used for graves, burial places, cemetery 2 purposes or places of interment within a certain lot, tract or parcel of 3 land, to be described with sufficient certainty to identify it, shall be 4 published in the time and manner prescribed by subdivisions four, five, 5 six, seven and eight of this section with respect to the notice therein 6 provided for. Owners, if any, whose names and places of residence are 7 known and who reside within the state, shall be served with such notice 8 personally or by leaving the notice at the abode of the owner to be 9 served, with a person of suitable age and discretion residing therein. 10 Owners, if any, whose names and places of residence are known and who 11 reside out of state, shall be served with such notice by mail, the 12 notice to be deposited in a post office in the state, addressed to the 13 owner to be served, and enclosed in a securely sealed postpaid envelope. 14 The notice also shall be posted conspicuously in ten places in each 15 city, town, or village in which the lands are located, at least twenty 16 days before the time of making the application. If the notice is 17 published, the time for making the application shall be not less than 18 eight days nor more than sixteen days after the last publication, and in 19 any case personal service, if any, or service by leaving at the owner's 20 abode, shall be made at least eight days, and service by mail, if any, 21 at least thirty days, before the time of making the application. If, in 22 the condemnation proceeding, an attorney has been appointed by the court 23 to represent defendants served with the original notice by method other 24 than in-person, under the eminent domain procedure law, the notice also 25 shall be served on him or her, at least eight days before the time of 26 making the application. 27 3. The notice shall specify the relief sought and the time and place 28 of making the application. The papers or proofs submitted to the court 29 on the application shall include due proofs of the service and posting 30 of the notice and proof, by affidavit, that the persons, if any, served 31 personally or by leaving at their abodes or by mail constitute all of 32 the owners of and persons interested in the lands so occupied whose 33 names and places of residence are known, or, if none were so served, 34 that all of the owners are unknown, and if certain owners were known but 35 not their places of residence, and therefore were not served, personally 36 or by mail, that fact and the names of such owners shall be stated. Such 37 affidavit shall also set forth the extent of the inquiry to ascertain 38 the names and places of residence of the owners. The provisions of the 39 eminent domain procedure law applicable subsequent to the deposit of 40 such moneys shall apply hereto, except that the general fund of the 41 authority shall be liable for the payment of any deficiency judgment 42 rendered pursuant to such section. 43 4. Once the authority has acquired title, or the right of immediate 44 entry to real estate, the authority shall publish in two newspapers in 45 the county where such burial place, cemetery or graves are situated, 46 which shall in its judgment be best calculated to notify the persons or 47 parties interested or entitled to such notice, which notice shall 48 describe the location of such burial place, cemetery or grave in such 49 manner as to sufficiently identify the same. Such publication shall be 50 made once in each week in each of the newspapers for a period of four 51 weeks, and such notice shall also contain a statement to the effect that 52 any person or persons legally entitled to direct as to the disposition 53 of any such remains may remove the same to any other cemetery or burial 54 place within sixty days after the last publication of such notice, if 55 they so elect, but without expense to the authority therefor. From and 56 after the period of sixty days from the last date of publication, the

S. 7649 15 1 authority shall advertise in a newspaper published in the county or 2 counties in which the cemetery or cemeteries are situated for bids for 3 the removal of such remains by contract and their proper reinterment. 4 5. All removals and transportation of such human remains shall be done 5 in accordance with the provisions of the public health law and the local 6 rules or ordinances of any town, city or village wherein such cemetery, 7 burial ground or graves shall be located or wherein any of such remains 8 may be reinterred. The authority may acquire such other lands as it 9 deems necessary within the county or in an adjoining county where such 10 burial place, cemetery or graves are now located for the purpose of 11 properly reinterring such removed remains, which lands shall be acquired 12 in the same manner as provided by this title for the acquisition of real 13 estate, and title shall be taken in the name of the authority pursuant 14 to the requirements of this title, but lands shall not be acquired with- 15 in the corporate limits of a village or city except within the bounds of 16 an existing cemetery unless by consent of the authority of trustees of 17 the village or common council of the city or other authorities within 18 such village or city occupying similar positions as trustees or alder- 19 men, respectively. 20 6. The lands so acquired shall be suitable and properly fenced or 21 enclosed, and in such manner as to permit proper ingress and egress 22 thereto before the final completion and payment for such work, and the 23 expense therefor shall be included within the estimate and contract for 24 such removal. All bodies removed by order of the authority shall, when 25 distinguishable, be encased each in a separate box or coffin, and each 26 monument, headstone, footstone, slab or other designation or distin- 27 guishing mark shall be properly removed and reset at the grave of each 28 body at the time of such reinterment. Members of the same family shall 29 be interred in contiguous graves. 30 7. Whenever any person or persons legally entitled to direct as to the 31 disposition of any remains now interred in such cemeteries, burying 32 place or graves shall request the authority, in writing, to reinter such 33 remains in any other cemetery or burial plot, within the same county 34 where such cemetery, burial place or graves sought to be removed are 35 located or in an adjoining county, the authority shall cause such 36 remains to be interred where requested within the same county or in an 37 adjoining county, and shall carefully and properly remove such remains 38 to such burial plot and properly reinter the same, but no payment shall 39 be made for a grave or graves or burial plot for such reinterment other 40 than that acquired by the authority pursuant to this title. Whenever any 41 person or persons legally entitled to direct as to the disposition of 42 any human remains exhumed or to be exhumed from any cemetery, burial 43 place or graves as herein provided desire to remove the same for rein- 44 terment to any burial plot or cemetery not within the same county from 45 which such remains were exhumed or in an adjoining county as herein 46 provided, such person or persons so entitled to designate such other 47 burial place or plot shall be permitted to remove such exhumed remains 48 from such county, subject to the written consent of the authority and 49 the provisions of the public health law, and the local rules or ordi- 50 nances of any town, city or village wherein such cemetery, burial ground 51 or graves shall be located, or wherein such human remains may be rein- 52 terred, but no portion of the expense of such transportation or burial 53 in another county other than an adjoining county shall be borne by the 54 authority. The authority shall pay all expenses connected with such 55 removal, out of the general fund of the authority in the same manner as 56 other payments are made.

S. 7649 16 1 8. Whenever any lands are acquired by the authority for the purposes 2 of reinterment of human remains, and all the remains so interred have 3 been exhumed from a cemetery, burial place or grave belonging to a 4 corporation organized under the religious corporations law, the member- 5 ship corporations law, the not-for-profit corporation law, or by special 6 act, or belonging to a town or authority of trustees elected pursuant to 7 the provisions of the town law, or to a village or city, the authority 8 shall by a proper resolution, after completion and acceptance thereof 9 and final payment for all work performed as provided in this section, 10 execute and deliver in the name of the authority, and without expense to 11 the grantee therefor, to the trustees or other governing body of such 12 corporation, by whatsoever name or title they may hold office, or to the 13 authority of trustees of a town burial ground, or to a duly incorporated 14 cemetery association, and to their successors in office, a quitclaim 15 deed covering the lands so acquired, together with all structures 16 erected thereon. Where such lands were so acquired for the purposes of 17 reinterment of human remains exhumed from a public or private cemetery, 18 burial place or grave which shall have been used by the inhabitants of 19 any town in this state as a cemetery or burial ground for a period of 20 fourteen years and not having an authority of trustees pursuant to the 21 provisions of the town law, the authority shall by proper resolution, 22 after completion and acceptance thereof, and final payment for all work 23 as by this section provided, execute and deliver in the name of the 24 authority, and without expense to the grantee therefor, a quitclaim deed 25 or other proper release to such town wherein such lands so acquired as 26 provided by this section may be situated, and such cemetery or burial 27 place shall at the time of and after the execution and delivery thereof 28 be deemed to be vested in such town, and shall be subject in the same 29 manner as other corporate property of towns, to the government and 30 direction of the electors in town meeting, except, however, that where 31 such lands so acquired for the purposes set forth in this section are 32 situate within the corporate limits of a village or city, such quitclaim 33 deed or release herein provided for shall be executed and delivered to 34 such village or city and thereafter be and become the property of such 35 village or city and subject to the laws governing such village or city. 36 Further, the authority, subject to the approval of the town authority, 37 or city or village authorities herein referred to, shall have the right 38 to convey such lands so acquired, together with all structures erected 39 thereon, to a duly incorporated cemetery association. On and after the 40 date of the execution and delivery by the authority of the quitclaim 41 deed or release, the authority shall be deemed to be divested of all 42 rights and title to such lands transferred by the quitclaim deed or 43 released and shall thereafter not be liable for the care, custody, main- 44 tenance and control thereof. This section shall not limit any existing 45 rights of burial, or removal of remains under other provisions of law 46 applicable thereto. 47 § 2799-mmmmm. Procedure for construction of reservoirs, dams and other 48 flood mitigation structures. 1. Preliminary plans, specifications, maps, 49 statements and estimates are required as follows: 50 (a) If the authority shall determine as a part of an official plan or 51 before the official plan has been prepared that the public interest or 52 welfare requires that a reservoir, dam or other flood mitigation struc- 53 ture should be constructed for the regulation of the flow of a river or 54 rivers, stream or streams of the Oswego river basin, or any other 55 portion of such basin, it shall cause to be prepared preliminary plans 56 and specifications of such reservoir, dam or other flood mitigation

S. 7649 17 1 structure with estimates of the total cost thereof, together with a 2 survey of the lands upon which the same is to be constructed, giving the 3 location thereof, and of all lands to be taken, flowed or damaged, with 4 a description by survey or otherwise, showing the amount of lands 5 belonging to the state and to persons or public corporations and the 6 amount of lands of the state in the forest preserve affected thereby. 7 (b) The authority shall create a map showing all such lands, the 8 number of acres in each separate tract, and the names of the owners and 9 occupants thereof, so far as the authority can ascertain such informa- 10 tion. Such maps shall also show the high flow lines of the proposed 11 reservoir, dam or other flood mitigation structure, if applicable. 12 (c) The authority shall also prepare a statement of the amount of 13 waterpower, if any, which consistent with the proper regulation of the 14 flow of the river or stream may be developed at or by reason of such 15 reservoir, dam or other flood mitigation structure by the withdrawal of 16 water for power purposes directly therefrom with an estimate of the 17 value thereof. The authority shall also prepare a statement showing the 18 public corporations and locality of lands to be benefited by such 19 improvement and how and whether the state will be benefited thereby and 20 the public necessity for the improvement. 21 (d) In the event that any of the real estate required for such reser- 22 voir, dam or other flood mitigation structure shall belong to the state, 23 the value thereof shall be determined in the applicable estimates, and 24 in the event that such land is outside the forest preserve and the state 25 is chargeable with any proportion of the expenses, such value shall be 26 deducted from the amount to be paid by it, and shall be chargeable as a 27 part of the expenses of the improvement. 28 (e) When the authority shall have completed such preliminary plans, 29 maps, specifications, estimates and statements, it shall vote by resol- 30 ution on such preliminary plans, maps, specifications, estimates and 31 statements. The authority shall file such preliminary plans, maps, spec- 32 ifications, estimates and statements so approved in the office of the 33 county clerk of each county having lands within the Oswego river basin, 34 and make them available on the website of the authority. 35 2. Upon the completion and filing of such preliminary plans, maps, 36 specifications, estimates and statements pursuant to subdivision one of 37 this section, the authority shall give notice of such filing and shall 38 hold hearings thereon in the manner set by the authority that shall 39 include at least two public hearings and offer at least one hundred 40 twenty days of public comment. 41 3. Upon the completion of such hearings, the authority shall determine 42 whether the public welfare requires that such proposed improvement 43 should be proceeded with, and what, if any, modifications should be made 44 in such plans, maps, specifications, estimates and statements. If the 45 authority shall determine that such maps, plans, specifications, esti- 46 mates and statements should be modified in any respect, it shall certify 47 its proposed modifications. If the authority shall determine that the 48 proposed reservoir, dam or other flood mitigation structure shall be 49 made, it shall make a final order directing the same to be made, and 50 shall cause such final order or certified copies thereof to be filed and 51 recorded in the office of the county clerk of each county in which any 52 lands within the Oswego river basin are located, and made available on 53 the website of the authority, and notice shall have been determined to 54 be provided by publication of the making and filing of such final order. 55 4. Any person or public corporation affected by any determination of 56 the authority may review such final determination in the manner provided

S. 7649 18 1 by article seventy-eight of the civil practice law and rules. Unless 2 application shall be made for such review within sixty days after the 3 filing of the final order, the plans, maps, specifications, statements 4 and estimates shall be the established and final plans, maps, specifica- 5 tions, statements and estimates of such reservoir, dam or other flood 6 mitigation structure. In the event that upon such review there shall be 7 any modification by the court of the final order, maps, plans, specifi- 8 cations, statements and estimates, the court shall direct the modifica- 9 tion thereof by order, and the authority shall cause such order to be 10 filed and recorded in each place where the final order was filed and 11 recorded, and made available on the website of the authority. No review 12 of the final determination of the authority shall be had unless at the 13 time of the application for review the person or public corporation 14 seeking such review shall give an undertaking approved by the supreme 15 court or a justice thereof, as to form, amount, and sufficiency or sure- 16 ties that in the event of failure to modify the final determination, 17 such person or public corporation will pay to the authority all such 18 costs and expenses as are incurred by it on account of the review 19 proceedings, as shall be determined by the court. 20 5. The authority shall have power to make such changes in the final 21 maps, plans and order as the nature of the work may require, provided 22 that the authority shall give notice and shall give a hearing thereon as 23 previously held and the same proceedings shall be had as provided by 24 subdivisions two, three and four of this section, and made available on 25 the website of the authority. 26 6. In the event that in any such plans, estimates and statements, a 27 charge is made against the state for any share of the expenses of the 28 proposed reservoir, dam or other flood mitigation structure, not includ- 29 ing such preliminary expenses as may have been necessary or expenses 30 consisting only of assessments against the state on account of benefits 31 from the improvement, no such reservoir, dam or other flood mitigation 32 structure shall be made under this title pursuant to any such final 33 order until the legislature shall make an appropriation to pay the 34 state's share of such expenses. The sum so appropriated shall be paid 35 into the general fund of the authority for which it is appropriated. 36 7. When any such final order shall have been made, and the legislature 37 shall have made an appropriation for any share of the expense payable by 38 the state, if any, the authority shall proceed to the acquisition of 39 such real estate as may be necessary for the construction, maintenance 40 and operation of such reservoir, dam or other flood mitigation struc- 41 ture. When proceedings are taken under the eminent domain procedure 42 law, the authority shall file in the comptroller's office a certified 43 copy of the final order provided for in the eminent domain procedure 44 law, and a certified copy of the judgment therein rendered pursuant to 45 the eminent domain procedure law, together with the certificate of the 46 attorney general that no appeal from such final order and judgment has 47 been made, or will be taken by the state, or if an appeal has been 48 taken, a certified copy of the final judgment of the appellate court. 49 Payments of the amount due upon such final order and judgment with 50 interest from the date of the judgment until thirty days after the entry 51 of such final order and judgment, and payments for real estate taken by 52 agreement, shall be made from the general fund of the authority. 53 8. Construction work shall be undertaken in accordance with the 54 following provisions: 55 (a) After any such final order shall have been made and filed as 56 provided pursuant to this section, the authority may proceed to

S. 7649 19 1 construct the work according to the applicable plans and specifications. 2 All such work shall be done pursuant to a contract or contracts which 3 shall be awarded to the lowest responsible bidder, by sealed proposals 4 publicly opened, after public advertisement and upon such terms and 5 conditions as the authority shall require, provided, however, that the 6 authority may reject any and all proposals and may advertise for new 7 proposals, as herein provided, if in its opinion the best interests of 8 the authority will thereby be promoted. Provided further, that at the 9 request of the authority, all or any portion of such work, together with 10 any engineering required by the authority in connection therewith, shall 11 be performed by the chair and the chair's subordinates as agents for, 12 and at the expense of, the authority. A sealed proposal may be accepted 13 through an electronic platform established or used by the authority, 14 provided that any sealed proposal received electronically shall be made 15 public at the same time as any competing paper proposal, and provided 16 further that the authority shall, at minimum, provide the same opportu- 17 nity and time for submitting sealed proposals physically as for sealed 18 proposals submitted electronically and shall provide the opportunity for 19 bidders to submit sealed proposals physically any time that it provides 20 the opportunity to submit sealed electronic proposals. In addition, the 21 authority shall establish a process for accommodating force majeure 22 events that prevent the submission of a sealed electronic proposal, 23 including but not limited to internet and power outage events, and for 24 automatically confirming receipt of any sealed electronic proposal 25 received. All bidders shall be notified of the time and place of any 26 such adjournment or rejection. 27 (b) Every proposal shall be accompanied by a deposit in the form of a 28 certified check upon some national or state bank or trust company within 29 the state in good credit and payable to the authority for five per cent 30 of the amount of the proposal. In the event the proposer to whom such 31 contract shall be awarded shall fail or refuse to enter into such 32 contract within the time fixed by the authority, such deposit shall be 33 forfeited to the authority and paid into and become a part of the 34 authority's general fund. In the event the contract be made such deposit 35 shall be returned to the contractor. 36 (c) Before entering into any such contract, a bond with sufficient 37 sureties approved by the authority shall be required, on the condition 38 that the contractor shall perform all work within the time prescribed in 39 and in accordance with the plans and specifications, and will pay to the 40 state and the authority all damages, costs and expenses suffered or 41 incurred by reason of the neglect or default of such contractor or such 42 contractor's employees or any subcontractor or such subcontractor's 43 employees in the performance of such contract or in doing such work 44 thereunder. 45 (d) Such contract may provide for partial payments to be made from 46 time to time upon the certificate of the engineer in charge of the work 47 after due inspection thereof for an amount not exceeding ninety percent 48 of the contract price for the work actually done as shown by the certif- 49 icate. Such certificate shall state the amount of the work performed and 50 its total value, at the price fixed by such contract, but in all cases 51 not less than ten percent of the estimate thus certified shall be 52 retained until the contract is completed and approved by the engineer in 53 charge of the work and by the authority. 54 (e) The authority may divide the work into several parts and award 55 separate contracts therefor. If the estimated cost of any part of such 56 work does not exceed one million dollars, the authority may by resol-

S. 7649 20 1 ution proceed to do such part of such work by its own forces or other- 2 wise. 3 (f) The authority may, subject to coordination with and approval from 4 the department of environmental conservation, dispose of merchantable 5 timber and salable wood on state land. No reservoir, dam or other flood 6 mitigation structure shall be constructed until procedures shall have 7 been made by the authority for the clearing from the reservoir, dam or 8 other flood mitigation structure site of all timber and all timber 9 growth on lands to be flowed, which such timber and timber growth shall 10 be removed by the authority by contract or otherwise. The authority 11 shall not permit any stump higher than twelve inches above the bed of 12 the reservoir, dam or other flood mitigation structure adjacent thereto 13 to remain upon a reservoir, dam or other flood mitigation structure site 14 above the low flow line of the reservoir, dam or other flood mitigation 15 structure, if applicable. 16 (g) All merchantable timber and salable wood on state land to be 17 flowed shall be sold by the authority in such manner as it shall deem 18 best for the interests of the state and in coordination with and 19 approved by the department of environmental conservation, but in no 20 event for a sum less than its fair market value, provided, however, that 21 the authority may in its discretion sell any such merchantable timber or 22 salable wood at public auction after due advertisement. The proceeds of 23 any sale or disposition less the expenses thereof and the reasonable 24 cost of inspecting, scaling, lumbering, cutting and piling, if any, 25 incurred by the authority, shall be paid into the general fund of the 26 state. The authority, in coordination with and approved by the depart- 27 ment of environmental conservation may designate the trees or kinds of 28 trees to be considered merchantable timber or salable wood. 29 (h) In preparation of the reservoir, dam or other flood mitigation 30 structure site, the authority shall do such work as may be necessary to 31 prevent stagnant pools above the low flow line thereof. 32 § 2799-nnnnn. Operation of reservoirs, dams or other flood mitigation 33 structures. 1. The authority shall not permit the water in any reser- 34 voir, dam or other flood mitigation structure constructed, owned, oper- 35 ated, controlled or regulated under the provisions of this title to rise 36 above the high flow line thereof, except during floods or other emergen- 37 cies, and if during floods or other emergencies the water shall rise 38 above such high flow line the authority shall immediately open the 39 outlet gates in such reservoir, dam or other flood mitigation structure 40 and take such other actions as may be necessary to lower the water to 41 the high flow line of such reservoir, dam or other flood mitigation 42 structure with the least practicable delay. The authority shall keep an 43 accurate and, so far as practicable, continuous record of the height of 44 water in each reservoir, dam or other flood mitigation structure and 45 shall install and maintain at suitable places such gauges or instruments 46 as may be necessary therefor. Such continuous record shall be made 47 available on the website of the authority. 48 2. Except for inspections or repairs which are necessary, no reser- 49 voir, dam or other flood mitigation structure shall at any time be drawn 50 off below the low flow line, or to such extent as to expose isolated 51 pools which may cause unsanitary conditions, unless due provision is 52 made for draining such pools into the lowest water level of such reser- 53 voir, dam or other flood mitigation structure. It shall be unlawful for 54 any officer or person in charge of any reservoir, dam or other flood 55 mitigation structure to violate the provisions of this section.

S. 7649 21 1 3. It shall be unlawful for any person to open or close or cause to be 2 opened or closed a gate or gates in any reservoir, dam or other flood 3 mitigation structure constructed, owned, operated, controlled or regu- 4 lated pursuant to the provisions of this title without the consent of 5 the authority, or for any person to interfere in any way with the opera- 6 tion of, or cause damage to, dam or other flood mitigation structure. 7 4. When the flow of a river used for the operation of a power plant 8 falls below the average normal flow thereof, the natural flow of the 9 river at a reservoir, dam or other flood mitigation structure thereon 10 shall not be restricted without the consent of the owner of such power 11 plant. 12 5. No reservoir, dam or other flood mitigation structure shall be 13 constructed pursuant to the provisions of this title of a capacity 14 greater than is required to maintain the average flow. 15 6. The expense of maintenance and operation of any existing reservoir, 16 dam or other flood mitigation structure shall be paid pursuant to exist- 17 ing law until such reservoir, dam or other flood mitigation structure is 18 taken over by the authority pursuant to the provisions of this title, 19 and thereafter such expense shall be paid pursuant to the provisions of 20 this title for the maintenance and operation of a reservoir, dam or 21 other flood mitigation structure. 22 7. A holder of a license issued under the federal power act shall be 23 exempted from the requirements of this section unless an agreement or 24 contract has been made between such holder and the authority. 25 § 2799-ooooo. Apportionment of cost. 1. The authority shall, as soon 26 as practicable, prepare an estimate of the total cost of such reservoir, 27 dam or other flood mitigation structure, or combination thereof, includ- 28 ing interest on certificates of indebtedness issued prior to the date 29 the local finance law took effect, or on notes to the maturity thereof 30 and compensation for real estate and all damages suffered by reason 31 thereof and all expenses necessarily incurred or to be incurred in 32 connection therewith, and shall make a complete and verified statement 33 thereof. 34 2. The authority shall then apportion such cost, less the amount which 35 may be chargeable to the state, among the public corporations and 36 parcels of real estate benefited, in proportion to the amount of benefit 37 which will inure to each such public corporation and parcel of real 38 estate by reason of such reservoir, dam or other flood mitigation struc- 39 ture, or combination thereof. Such apportionment shall be made in writ- 40 ing and shall show the name of each public corporation and a brief 41 description of each parcel of real estate benefited, the name of the 42 owner, or owners, of each such parcel of real estate, so far as can be 43 ascertained, the proportion of such cost less the amount which may be 44 chargeable to the state to be borne by each, expressed in decimals, and 45 the amount to be paid by each such public corporation or the owner or 46 owners of each such parcel of real estate. 47 3. Such amount shall be determined by multiplying the total cost less 48 the amount which may be chargeable to the state by the decimal amount 49 representing the proportion thereof to be borne by each public corpo- 50 ration or parcel of real estate. 51 4. The authority, before making such apportionment, shall view the 52 premises and public corporations benefited. Such apportionment shall be 53 approved by the authority. Upon such approval by the authority, a copy 54 thereof shall be served upon the chair or other presiding officer of the 55 county legislative body of each county, the mayor of each city, the 56 supervisor of each town, and the mayor of each village, named in the

S. 7649 22 1 apportionment, or if service cannot be had upon such chair, mayor, or 2 supervisor, then upon a member of the county legislative body of the 3 county, a councilmember of the city or member of the governing authority 4 thereof, a member of the town authority of the town, or a trustee of the 5 village, and shall be filed in the office of the county clerk of each 6 county in which any public corporation or real property thereby affected 7 is located. After such service and filing of such apportionment and 8 determination, notice shall be given by the authority of publication of 9 a time and place where the authority will meet to hear any public corpo- 10 ration or person aggrieved by the same. The affidavit of the person 11 serving or publishing such notice shall be evidence of such service or 12 publication. 13 5. The authority shall meet at the time and place specified pursuant 14 to subdivision four of this section and shall hear all persons and 15 public corporations interested in or aggrieved by such apportionment and 16 may approve or modify the same. If such apportionment and determination 17 is modified by the authority it shall not become effective until served 18 and filed in the same manner as upon the completion of the same in the 19 first instance. Any public corporation or any person deeming to be 20 aggrieved may, upon notice to the authority, review the determination of 21 the authority in the same manner as a review of the determination of an 22 authority of assessors in making an assessment. Such apportionments as 23 so modified and as further modified by any final judgment or order made 24 in proceedings to review the same as herein provided shall be final and 25 conclusive. 26 6. The amount of the total cost and expense of such reservoir, dam or 27 other flood mitigation structure, or combination thereof, and the main- 28 tenance and operation thereof including the amount of a reasonable 29 return to the state as herein provided for, which each such public 30 corporation and each such parcel of real estate is to pay and be respon- 31 sible for shall be based upon the proportion of cost as determined in 32 such apportionment. If the total cost of such reservoir, dam or other 33 flood mitigation structure shall exceed the estimate made and appor- 34 tioned as provided pursuant to this title, the amount of such excess 35 cost, less the amount which may be chargeable to the state, shall be 36 apportioned among the public corporations and parcels of real estate 37 benefited, by an additional apportionment to be made in the same manner 38 and by the same procedure as the original apportionment, and shall be 39 levied, assessed and collected in the manner provided in section twen- 40 ty-seven hundred ninety-nine-ppppp of this title. Such apportionment 41 and determination, when made, shall also be deemed to fix and determine 42 the apportionment and the basis of apportionment of all subsequent 43 expenses to be incurred in the maintenance and operation of such reser- 44 voir, dam or other flood mitigation structure, including the amount of a 45 reasonable return to the state, if any, as provided for in this title. 46 7. If powers be developed after such apportionment has been made or if 47 for any other reason any public corporation or any parcel of real estate 48 becomes liable equitably for such subsequent expenses, a subsequent 49 apportionment may be made in the same manner and subject to the same 50 review as the original apportionment. Provided, however, that before any 51 such apportionment of costs or any assessment is made by the authority, 52 public corporations or owners of property liable for the same may 53 execute and deliver to the authority a consent, executed and acknowl- 54 edged in like manner as a deed, by which they acknowledge that they are 55 the public corporations and owners of property benefited by the improve- 56 ment and consent to bear the cost thereof, less any sum previously

S. 7649 23 1 appropriated by the state therefor, together with charges provided for 2 in section twenty-seven hundred ninety-nine-qqqqq of this title, and to 3 have the same assessed against them or their property as provided for in 4 this title. Such consent may also provide, as a condition of its 5 acceptance by the authority, for the basis on which the assessment for 6 the improvement shall be made upon the parties consenting. 7 8. The authority may accept or reject such consent. If it accepts such 8 consent it shall, by resolution, provide for the levy of the entire 9 assessment upon the public corporations and property of the parties 10 filing such consent, on the basis of benefits received, if any, deter- 11 mined by the terms of the consent, or if no basis of assessment be fixed 12 by the consent, on the basis of the benefits shared by such parties in 13 the manner provided in this title. If such consent be accepted by the 14 authority, a certified copy thereof shall be filed by the authority in 15 the office of the county clerk of each county in which any public corpo- 16 ration or real property affected by the assessment is located. Such 17 consent, when executed by a public corporation, shall be authorized by 18 the governing body thereof. 19 § 2799-ppppp. Assessments; how levied and collected. 1. After the 20 apportionment of cost has been made and filed in accordance with the 21 provisions of section twenty-seven hundred ninety-nine-ooooo of this 22 title, the authority shall prepare a statement showing the name of each 23 public corporation and a description of each parcel of real estate bene- 24 fited by such reservoir, dam or other flood mitigation structure, or 25 combination thereof, and the amount to be borne by each as determined in 26 such apportionment. The authority shall also determine and state whether 27 the amounts shall be paid in one lump sum or in annual installments, in 28 such amounts as the authority shall annually determine to be necessary. 29 2. A copy of such statement duly verified under the seal of the 30 authority shall be filed with the clerk of each county, town, village or 31 city affected or containing any real estate which is benefited. The 32 clerk of every such county, city, town or village shall make and deliver 33 to the legislative body of such county, the common council of such city, 34 the authority of trustees of such village, and the assessors of such 35 county, town, city or village a copy of such statement. 36 3. The county legislative body of every such county shall levy and 37 assess upon such county and upon each town specified in such statement 38 the amount of such cost and expense which in such statement is certified 39 to be the proportion thereof which should be borne by such county or 40 such town as a whole, and the common council or other governing body of 41 each city and the authority of trustees of every such village shall in 42 like manner levy and assess upon such city and village, respectively, 43 the amount of such cost and expense which in such statement is certified 44 to be the proportion thereof which should be borne by such city and 45 village. The assessors of each town or city, containing individual real 46 estate upon which a proportion of such cost is assessed, shall enter on 47 a separate page of their assessment roll a statement of the total amount 48 to be paid by the owner of such individual real estate, a description of 49 each parcel and what constitutes real estate as such term is defined in 50 this title and the amount chargeable thereto, as contained in the state- 51 ment filed. The county legislative body of each county wherein such 52 property or land is situate shall levy and assess against each such 53 parcel and each such piece of real estate the amount specified in the 54 statement, and shall by their warrant direct the collection thereof in 55 the same manner and by the same procedure as general taxes are 56 collected. In the case it is determined that the amount is to be paid in

S. 7649 24 1 annual installments, the county legislative body or the assessors of the 2 city, town or village, as the case may be, shall annually assess the 3 annual installment to be paid by such county, city, town or village in 4 the manner provided by this section until the whole amount shall be 5 paid. 6 4. Upon the assessment of the cost as provided in this section, the 7 amounts apportioned and assessed shall be paid and remain charges 8 against the several public corporations and liens upon the several prop- 9 erties charged therewith, until paid or otherwise removed, superior in 10 force and effect to all other liens except unpaid general taxes. All 11 moneys collected under the provisions of this section shall be paid to 12 the county treasurer of the county benefited or the county in which the 13 town, city, village or real estate is located who shall pay the same on 14 or before the first day of June in each year to the state comptroller, 15 who shall deposit such amount in depository banks to the credit of the 16 several funds of such authority as herein provided. In the event it has 17 been determined that the cost of the improvement shall be paid in 18 installments, interest for one year at a rate not higher than the rate 19 of interest secured by the obligations to which the assessments are 20 applicable, and not more than sufficient to pay the same, shall be added 21 to the amount of each installment, on the cost of the improvement less 22 the installment or installments previously levied or assessed, and be 23 collected in the same manner provided for the collection of the princi- 24 pal of the assessment. In the case of default of payment of assessments 25 or any installment thereof levied as herein provided, the same penalties 26 shall be collected as are provided in the case of failure to pay general 27 taxes within the time prescribed by law, and when collected shall be 28 deemed a part of the assessment. 29 5. If the assessment, together with the amount appropriated by the 30 state, be insufficient to pay the obligations issued on account of such 31 improvement, the authority shall make a new assessment or assessments, 32 as the case may be, to make up the deficiency, and the owner and holder 33 of any obligations issued under this title may by appropriate remedy 34 compel the assessment of such deficiency. 35 6. Notwithstanding the provisions of subdivision four of this section, 36 all moneys required to be collected under the provisions of this section 37 may be paid directly to the authority, provided such payment is made 38 prior to the thirty-first day of October of the year in which the 39 assessment is levied. Any direct payments received by the authority 40 shall be forwarded by the authority to the state comptroller, who shall 41 deposit such payments in depository banks to the credit of the several 42 funds of such authority as herein provided. Upon receipt of any such 43 direct payments, the authority shall notify the appropriate county trea- 44 surer to whom such payments would have been made under subdivision four 45 of this section, had direct payment not been made to the authority. All 46 moneys required to be collected and not paid directly to the authority 47 by the thirty-first day of October of the year in which the assessment 48 is levied shall be payable to the county treasurer as provided under 49 subdivision four of this section and shall be subject to a service fee 50 of one percent of the total amount assessed, which shall be added to the 51 amount to be collected and which shall be in addition to any penalties 52 which may be imposed in the case of failure to pay general taxes within 53 the time prescribed by law and when collected, such penalties shall be 54 deemed a part of the assessment. All service fees collected by county 55 treasurers pursuant to this subdivision shall be retained by the county 56 treasurer and deposited in the general fund of the county, provided the

S. 7649 25 1 moneys collected under the annual assessment installment shall be paid 2 to the state comptroller within thirty days of their receipt by such 3 county treasurer. Otherwise, the county treasurer shall pay over the 4 entire service fee collected to the state comptroller for deposit to the 5 credit of the several funds of the authority in the same manner as 6 moneys collected under the annual installments of the assessments 7 provided for herein. 8 § 2799-qqqqq. Operation and maintenance charges. 1. The authority 9 shall make an estimate of an amount sufficient to pay the expense of the 10 maintenance and operation of the works erected pursuant to this title, 11 including interest on temporary certificates of indebtedness issued 12 prior to the date the local finance law took effect. A reasonable return 13 to the state upon the value of the rights and property of the state used 14 shall mean six percent upon the value of the lands flowed, exclusive of 15 merchantable timber and salable wood removed therefrom for which the 16 state shall have been paid as provided by subdivision eight of section 17 twenty-seven hundred ninety-nine-nnnnn of this title. The value of the 18 services of the state rendered shall be construed to mean the actual 19 cost thereof. 20 2. Any amount so estimated pursuant to subdivision one of this section 21 shall be the estimated amount required for such purposes each year, and 22 when fixed and determined shall be the amount thereof for a period of 23 three years. The amount shall be adjustable at the end of any three- 24 year term. The amount less any part thereof to be paid by the state 25 shall be the amount to be annually collected for such purposes, and 26 shall be apportioned upon the public corporations and real estate bene- 27 fited according to the benefits derived therefrom respectively, and 28 shall be levied, assessed and collected in the same manner as the cost 29 and expenses of the reservoir, dam or other flood mitigation structure, 30 or combination thereof, as provided in this title to be levied, assessed 31 and collected. 32 3. Such estimates and determinations as from time to time fixed and 33 determined by the authority may upon application of any party affected 34 thereby be reviewed in the manner provided by article seventy-eight of 35 the civil practice law and rules by the supreme court of the judicial 36 district in which the reservoir, dam or other flood mitigation struc- 37 ture, or combination thereof, is located. Upon the hearing on such 38 application for review, the court shall take the testimony and other 39 proofs of the parties and may make an order affirming, vacating or modi- 40 fying any such estimate and determination. 41 § 2799-rrrrr. Error in names. No error in the names of the owners of 42 real estate, or in the descriptions thereof, shall invalidate such 43 apportionment or the levying of assessments or taxes based on such error 44 if sufficient description is given to identify such real estate, and the 45 owners thereof. 46 § 2799-sssss. Financing. 1. After the cost of any improvement made or 47 to be made pursuant to this title has been apportioned among the public 48 corporations and parcels of real estate benefited and after such appor- 49 tionment has been assessed upon such public corporations and parcels of 50 real estate, the authority may finance the cost of any such improvement 51 in accordance with the local finance law. Any bonds issued for such 52 purposes shall not be construed, in any event, as bonds or indebtedness 53 of the state, and the state shall not be obligated to pay the principal 54 or interest on such bonds. Such bonds shall be lawful investments for 55 trustees and savings banks of the state and for any of the funds of the 56 state which by law may be invested.

S. 7649 26 1 2. The authority shall annually include in the installment of the 2 assessment to be collected in such year a sum sufficient to provide for 3 the payment of the principal of and interest on obligations issued for 4 such purposes and maturing in such year. 5 3. The proceeds of the sale of obligations issued for the purposes of 6 this title, together with all other revenues of the authority from other 7 sources, shall be deposited in a national or state bank or banks or 8 trust company or trust companies in Albany or within the Oswego river 9 basin as are approved by the state comptroller, subject to the 10 provisions of section 165.00 of the local finance law. Before any such 11 deposit is made, the state comptroller shall require from any such bank 12 or trust company security for repayment of the same to such authority or 13 to the state comptroller upon demand for the money so deposited in the 14 manner provided in section one hundred six of the state finance law. For 15 purposes of this title, the "general fund" of the authority shall mean 16 and consist of all moneys received by the authority under the provisions 17 of this title, except from assessments levied to pay the cost of 18 construction. 19 4. All moneys received from assessments levied to pay the cost of 20 construction, together with such part of any surplus in the general 21 fund, as shall be determined by the authority, over and above the 22 requirements for the construction, maintenance and operation of the 23 reservoir, dam or other flood mitigation structure, or combination ther- 24 eof, including the amount raised for a reasonable return to the state, 25 shall constitute a separate fund to be known as the "debt service fund", 26 for the purposes of this title. The moneys in the debt service fund 27 shall be applied to the payment of principal of and interest on obli- 28 gations issued for the purposes of this title, except when the total 29 cost of construction is paid without the issuance of obligations, in 30 which case the moneys applicable thereto shall be paid into the general 31 fund. Any installment or installments of the assessment which shall 32 become payable before any obligations have been issued shall be paid by 33 the state comptroller into the general fund and applied to the payment 34 of the cost of construction. The state comptroller shall be authorized 35 and directed to pay from the debt service fund the principal of and 36 interest on obligations issued for the purposes of this title. 37 5. All moneys in the debt service fund shall be applied by the state 38 comptroller to the payment of the principal of and interest on such 39 obligations except as otherwise stated in this section, and to the 40 purchase of the same in the open market when possible, and while await- 41 ing such purchase such excess shall be invested or kept at interest in 42 the same manner as sinking funds of the state of like nature are 43 invested. If any moneys remain in the debt service fund after all 44 outstanding obligations have been paid up and redeemed, such moneys 45 shall be paid into the general fund and may be used to pay the costs of 46 maintenance, operation and other expenses. 47 6. The authority may invest and reinvest any moneys of the general 48 fund which are not required to be deposited in accordance with the 49 provisions of section 165.00 of the local finance law. Any such invest- 50 ments shall be made only in obligations of the federal government and 51 the state of New York, and in certificates of deposit of banks or trust 52 companies or in bank or trust accounts of banks in this state, secured 53 by obligations of the United States of America or of the state of New 54 York of a market value equal at all times to the amount of the deposit 55 and with the approval of the state comptroller. The authority may sell 56 and dispose of any securities purchased for investment pursuant to this

S. 7649 27 1 section at any time with the consent of the state comptroller, and the 2 proceeds thereof shall be paid to the state comptroller and deposited in 3 the general fund. 4 7. Any obligations purchased for investment pursuant to this section 5 shall be delivered by the seller to the state comptroller, who shall be 6 the custodian thereof until the same are sold or otherwise disposed of. 7 The state comptroller shall also collect the income of such investments 8 and deposit such income in the general fund. 9 8. All payments from the general fund of the authority shall be made 10 by requisition of and signed by the authority and audited and counter- 11 signed by the state comptroller. 12 9. The authority shall keep a complete record of its financial trans- 13 actions, and shall be audited from time to time by the state comptroller 14 as deemed necessary. 15 § 2799-ttttt. Reports. 1. The authority shall, on January first of 16 each year, submit to the governor, the temporary president of the senate 17 and the speaker of the assembly a written report, which shall contain: 18 (a) a complete list of the personnel of the authority, and all of the 19 employees and persons connected with the authority; 20 (b) a financial statement showing clearly and conspicuously the 21 finances of the authority, the amounts and dates of maturity of all 22 bonds, notes and certificates of indebtedness, the amounts of money 23 received and from whom such money was received from, and the amounts of 24 money paid and purposes for which same were paid; 25 (c) a descriptive statement of the work done during the previous year, 26 including but not limited to work done to effectuate the Oswego river 27 basin management plan, and other flood mitigation or emergency flood 28 response work; 29 (d) a statement of any lands purchased by the authority during the 30 previous year and a summary of total lands purchased by the authority 31 for all previously reported years pursuant to section twenty-seven 32 hundred ninety-nine-iiiii of this title. Additionally, the requirement 33 of this paragraph shall include a statement of property identified by 34 the authority that may be purchased in future years that would effectu- 35 ate the purposes of section twenty-seven hundred ninety-nine-iiiii of 36 this title; 37 (e) a statement of the condition of all reservoirs, dams and other 38 flood mitigation structures, and the results secured by the operation 39 thereof in each case; 40 (f) a statement of normal and flood flows, including all captured or 41 compiled data, from the previous year and a statement of normal and 42 flood flows of the previous years compared to normal and flood flows 43 from all previously reported years; 44 (g) a statement of the work completed or ongoing as done by the 45 committee; and 46 (h) a statement of any Oswego river basin intergovernmental councils 47 formed or active, the work completed or ongoing as done by any such 48 council and the status of any council formed during the previous year 49 and during any previously reported years. 50 2. In addition to provisions of subdivision one of this section, the 51 authority shall report to the governor, the temporary president of the 52 senate and the speaker of the assembly such other matters as it shall 53 deem necessary or that shall be required of the authority. 54 § 2799-uuuuu. Hearings; hearing officers; determinations. Whenever 55 the authority shall make a determination pursuant to the provisions of 56 this title, it may hear testimony and take proofs which are material for

S. 7649 28 1 its inquiry and may appoint a hearing officer by a written appointment 2 for that purpose. Every hearing officer so appointed shall be authorized 3 to take such testimony and hear such proofs as may be material to the 4 inquiry and report the proofs and testimony so taken, with such offi- 5 cer's opinion as to the facts established thereby, to the authority. The 6 authority may make such determination from the proofs and testimony 7 taken before it or before such hearing officer or from any other data 8 which shall be deemed satisfactory, and the expenses of taking such 9 testimony or proofs shall be deemed to be a part of the expense of the 10 improvement to which it relates. 11 § 2799-vvvvv. Title not affected if in part unconstitutional or inef- 12 fective. If any term or provision of this title shall be declared uncon- 13 stitutional or ineffective in whole or in part by a court of competent 14 jurisdiction, then to the extent that it is not unconstitutional or 15 ineffective such term or provision shall be enforced and effectuated, 16 nor shall such determination be deemed to invalidate the remaining terms 17 or provisions hereof. 18 § 2799-wwwww. Actions against the authority. 1. In any action founded 19 upon tort, a notice of claim shall be required as a condition precedent 20 to the commencement of an action or special proceeding against the 21 authority or any officer, appointee, agent or employee thereof, and the 22 provisions of section fifty-e of the general municipal law shall govern 23 the giving of such notice. Except in an action for wrongful death, an 24 action against the authority for damages for injuries to real or 25 personal property, or for the destruction thereof, or for personal inju- 26 ries, alleged to have been sustained, shall not be commenced more than 27 one year and ninety days after the cause of action therefor shall have 28 accrued. 29 2. An action against the authority for wrongful death shall be 30 commenced in accordance with the notice of claim and time limitation 31 provisions of title eleven of article nine of this chapter. 32 § 2. Paragraph (b) of subdivision 11 of section 310 of the executive 33 law, as amended by chapter 463 of the laws of 2011, is amended to read 34 as follows: 35 (b) a "state authority," as defined in subdivision one of section two 36 of the public authorities law, and the following: 37 Albany County Airport Authority; 38 Albany Port District Commission; 39 Alfred, Almond, Hornellsville Sewer Authority; 40 Battery Park City Authority; 41 Cayuga County Water and Sewer Authority; 42 (Nelson A. Rockefeller) Empire State Plaza Performing Arts 43 Center Corporation; 44 Industrial Exhibit Authority; 45 Livingston County Water and Sewer Authority; 46 Long Island Power Authority; 47 Long Island Rail Road; 48 Long Island Market Authority; 49 Manhattan and Bronx Surface Transit Operating Authority; 50 Metro-North Commuter Railroad; 51 Metropolitan Suburban Bus Authority; 52 Metropolitan Transportation Authority; 53 Natural Heritage Trust; 54 New York City Transit Authority; 55 New York Convention Center Operating Corporation; 56 New York State Bridge Authority;

S. 7649 29 1 New York State Olympic Regional Development Authority; 2 New York State Thruway Authority; 3 Niagara Falls Public Water Authority; 4 Niagara Falls Water Board; 5 Oswego River Basin Authority; 6 Port of Oswego Authority; 7 Power Authority of the State of New York; 8 Roosevelt Island Operating Corporation; 9 Schenectady Metroplex Development Authority; 10 State Insurance Fund; 11 Staten Island Rapid Transit Operating Authority; 12 State University Construction Fund; 13 Syracuse Regional Airport Authority; 14 Triborough Bridge and Tunnel Authority. 15 Upper Mohawk valley regional water board. 16 Upper Mohawk valley regional water finance authority. 17 Upper Mohawk valley memorial auditorium authority. 18 Urban Development Corporation and its subsidiary corporations. 19 § 3. The public authorities law is amended by adding a new section 20 1174 to read as follows: 21 § 1174. Coordination with the Oswego river basin authority. Notwith- 22 standing any provision of this title to the contrary, the authority 23 shall be required to coordinate with the Oswego river basin authority, 24 as established by title thirty-six of article eight of this chapter. 25 Furthermore, the authority shall immediately, upon the request of the 26 Oswego river basin authority, cede all duties and powers related to the 27 effectuation of the general duties and powers enumerated in title thir- 28 ty-six of article eight of this chapter to the Oswego river basin 29 authority in order to mitigate flood events in the Oswego river basin, 30 including but not limited to the control, operation, maintenance, and 31 adjustment of water levels of all reservoirs, dams or other flood miti- 32 gation structures owned or operated by the authority. The authority 33 shall regain all powers and duties ceded to the Oswego river basin 34 authority at the end of a flood event, as determined by the Oswego river 35 basin authority. 36 § 4. The public authorities law is amended by adding a new section 37 1196-s to read as follows: 38 § 1196-s. Coordination with the Oswego river basin authority. 39 Notwithstanding any provision of this title to the contrary, an authori- 40 ty established and organized under this title shall be required to coor- 41 dinate with the Oswego river basin authority, as established by title 42 thirty-six of article eight of this chapter. Furthermore, an authority 43 shall immediately, upon the request of the Oswego river basin authority, 44 cede all duties and powers related to the effectuation of the general 45 duties and powers enumerated in title thirty-six of article eight of 46 this chapter to the Oswego river basin authority in order to mitigate 47 flood events in the Oswego river basin, including but not limited to the 48 control, operation, maintenance, and adjustment of water levels of all 49 reservoirs, dams or other flood mitigation structures owned or operated 50 by an authority. Such authority shall regain all powers and duties ceded 51 to the Oswego river basin authority at the end of a flood event, as 52 determined by the Oswego river basin authority. 53 § 5. This act shall take effect immediately; provided, however, that 54 the amendments to paragraph (b) of subdivision 11 of section 310 of the 55 executive law made by section two of this act shall not affect the 56 repeal of such section and shall be deemed repealed therewith.

Establishes a stakeholder group in the Oswego river basin

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