23. Prepare an inventory sufficient for planning purposes which includes at least: (i) a general description of all state-owned property which comprises the canal system, and where appropriate other stateowned property contiguous to the canal system, specifying present use and facilities for public use, including but not limited to parks and recreation facilities; (ii) a description of significant freshwater wetlands and lands which possess significance for wildlife management, recreation or natural resource protection purposes within the canal system; and (iii) significant municipal and privately-owned facilities which serve users of the canal system. Such inventory shall be provided to the commission no later than July thirty-first, nineteen hundred ninety-three.

set

24. Prepare on an annual basis a detailed five-year capital plan for the maintenance and improvement of canal infrastructure. Such plan shall system-wide goals and objectives for capital spending and, commencing January first, nineteen hundred ninety-five, describe the compatibility of such plan to the canal recreationway plan approved pursuant to section one hundred thirty-eight-c of this chapter. Such plan shall include but not be limited to such capital project categories as locks, canal bridges, channels, shorelines, dams, guard gates, and other structures necessary for safe and successful operation of the canal system. The plan shall also include a detailed schedule of all capital projects which the authority intends to undertake within the next five years and shall provide the following information for each such capital project: (i) a description of the project; (ii) an indication of the category into which the project has been classified in the capital plan; (iii) the estimated total cost of the project and expenditures by year for such project; (iv) the actual disbursements by project for the prior year; and (v) the estimated dates of project initiation and completion. The plan shall also include a statement of the mix of financing methods to be used by the authority for financing the capital plan. The capital plan shall be submitted to the governor, the temporary president of senate and the speaker of the assembly on the first day of January of each year commencing in nineteen hundred ninety-three.

the

25. Prepare, in consultation with the department of environmental conservation: (i) a survey of canal lands in the Adirondack park; and (ii) a study of canal lands in the Adirondack park subject to permits, including the identification of any structures or activities that are not allowed by law or by such permits. Such survey and study shall be completed and submitted to the commission no later than January first, nineteen ninety-four.

§ 8. Sections 50, 51, and 53 of the canal law, as amended by chapter 420 of the laws of 1968, are amended to read as follows: § 50. Authority to abandon canal lands. 1. Authority is hereby conferred upon the commissioner of transportation to abandon any portion of barge canal lands, barge canal terminal lands, or old canal lands and appertaining structures constituting the canal system prior to the barge canal improvement, which have or may become no longer necessary or useful as a part of the barge canal system, as an aid to navigation thereon, or for barge canal terminal purposes[. This authority, however, shall not include the abandonment of a barge canal terminal unless such terminal has], where such barge canal lands, barge canal terminals, barge canal terminal lands, or old canal lands have been by a special of the legislature previously determined to have become no longer necessary or useful as a part of the barge canal system, as an aid navigation thereon, or for barge canal terminal purposes.

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2. Abandonments authorized pursuant to this section shall be subject to the provisions of subdivision seventeen of section ten of this chapter.

§ 51. Method of abandonment. Prior to the exercising of such authority of abandonment, however, the commissioner of transportation shall cause a notice of any proposed abandonment to be transmitted to the commission and to be published once each week for three successive weeks in a newspaper published in the county wherein such lands are located. Such notice shall describe the lands proposed to be abandoned with sufficient certainty to identify them and invite interested parties to file written statements either supporting or opposing the proposed abandonment. Upon the expiration of the period of publishing said notice the commissioner of transportation may hold a hearing at which evidence or further information may be submitted, if in his opinion the written statements previously received warrant such action. A record shall be made of all evidence submitted at such hearing. If no hearing shall appear to him

to be warranted or subsequent to such hearing, should one be held, he may in his discretion declare such lands abandoned for the purposes of the canal system. He shall thereupon issue an official order abandoning the lands for canal purposes and transmit a certified copy thereof to the commissioner of general services, together with a map and description of the lands abandoned, whereupon such commissioner shall have jurisdiction over such lands subject to the provisions of the public lands law. Whenever such commissioner disposes of any portion of canal lands so abandoned, said commissioner shall file with the commissioner of transportation a description of the property, date of disposal and to whom transferred. Any money realized from the sale of such land shall be deposited into the New York state canal system development fund established pursuant to section ninety-two-u of the state finance law.

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§ 53. Sale of abandoned lands for railroad bridges. Whenever any canal lands, as defined in article one of this chapter, are required connection with any railroad bridge which has been or which is to be constructed, reconstructed or raised by or for a railroad corporation over that portion of the barge canal, which has been or which will be improved by the use of moneys allotted or to be allotted to the state by the federal government in accordance with chapter six hundred and eighty-eight of the laws of nineteen hundred thirty-four, the commissioner of transportation may issue an official order abandoning the lands for canal purposes and he shall transmit a certified copy thereof to the commissioner of general services together with a map and description of the lands abandoned in the manner provided in this article. Upon a written request by the railroad corporation, and notwithstanding the provisions of any general or special law, the commissioner of transportation is authorized to grant and convey such land to said railroad corporation for and on behalf of the people of the state of New York for the purposes mentioned and for a nominal or other consideration and upon such terms and conditions which he shall deem to be beneficial to the state. Such instrument of grant and conveyance shall become effective when it is recorded in the office of the secretary of state. Any moneys realized from the sale of such land shall be deposited into the New York state canal system development fund established pursuant to section ninety-two-u of the state finance law.

§ 9. Section 54 of the canal law is amended by adding a new subdivision 4 to read as follows:

4. Any revenue realized from the sale or lease of hydropower easements shall be deposited into the New York state canal system development fund established pursuant to section ninety-two-u of the state finance law. § 10. The canal law is amended by adding a new Article VI-A to read as follows:

ARTICLE VI-A

LEASING OF CANAL LANDS

Section 55. Authority to lease land.

56. Conditions and terms of leases.

57. Special conditions for leases entered prior to approval of canal recreationway plan.

$55. Authority to lease land. 1. The authority is hereby authorized, after review and comment by the commission as to consistency with the canal recreationway plan approved pursuant to section one hundred thirty-eight-c of this chapter and section three hundred eighty-two of the public authorities law, to enter into leases of canal lands, canal terminals, and canal terminal lands which are consistent with the canal recreationway plan. Such review and comment shall be provided within the time period set forth in the procedures of the commission established pursuant to section one hundred thirty-eight-b of this chapter which shall be no more than sixty days.

2. Lands to be leased shall be determined by the authority to have no essential purpose for navigation.

3. Leases of canal lands, canal terminals and canal terminal lands shall be for purposes which are consistent with the New York state canal recreationway plan approved pursuant to section one hundred thirtyeight-c of this chapter and section three hundred eighty-two of the public authorities law.

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

4. The authority shall consider fully completed applications for leases of canal lands, canal terminals and canal terminal lands in such form and manner as the authority shall prescribe.

5. Canal lands, canal terminals and canal terminal lands within the Adirondack park shall not be leased. 6. The authority shall provide assistance, including reasonable access to lands, as may be necessary to assist potential applicants in preparan application.

ing.

The authority may require an applicant for a lease to provide necessary property surveys, environmental studies, maps and photographs, site plans and such other documents and studies as the authority may determine to be necessary to ascertain the compatibility of proposed development with the New York state canal recreationway plan and for the authority to select a qualified lessee.

8.

Revenues realized from the lease of canal lands, canal terminals and canal terminal lands shall be deposited into the New York state canal system development fund established pursuant to section ninetytwo-u of the state finance law.

§ 56. Conditions and terms of leases. Leases for canal lands, canal terminals and canal terminal lands shall include:

1. the period of time for such leases, provided that the initial term of such leases may not exceed forty years, and renewals of such leases may not exceed an additional forty years beyond such initial terms;

2.

requirements that the lessee take no actions or construct no improvements that will interfere with navigation, except that if the authority determines that any potential adverse interference with navigation can be reasonably mitigated, the authority shall include in the lease such requirements as may be necessary to effectuate mitigation of impediments to navigation;

3.

proper Covenants to assure the payment of adequate consideration for the interests leased, and to further protect the state and the authority as is deemed necessary by the authority; 4. provisions requiring that payments on the lease shall be paid to the authority; provisions relating to public access, where feasible, to lands and waters of the canal system; provided however that the authority may require that public access be restricted in those cases where the authority determines that public safety will be served by such restriction;

5.

6.

provisions providing a right of entry for commission and authority member's and personnel and equipment for canal purposes; and 7. such other terms as the authority shall determine are necessary and appropriate for the implementation of this article and the preservation of the state's interest in the canal system.

§ 57. Special conditions for leases entered prior to approval of canal recreationway plan. 1. In the period between the effective date of this section and the completion of the canal recreationway plan, the commission shall review and comment on proposed leases with respect to the consistency of such leases with the provisions of this article. Where local zoning laws and zoning ordinances are in effect on lands proposed be leased or on lands adjacent to those lands proposed to be leased, during such period the commission shall also review and comment on proposed leases with respect to the compatibility of such leases, to the extent practicable, with the requirements of such local zoning laws and zoning ordinances.

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2. In addition to the other applicable provisions of this article, the authority shall ensure that: (i) the lease will benefit the canal system by effectuating the development of the canal as a recreationway; and (ii) the lease will foster a canal system characterized by clusters of development and stretches of undeveloped open space which is conducive to the preservation of waterfowl, fish and wildlife habitats.

§ 11. Section 62 of the canal law, as amended by chapter 420 of the laws of 1968, is amended to read as follows:

§ 62. Maintenance by state of certain bridges over the canal system. All highway or pedestrian, lift or movable bridges over the canal system other than highway bridges connecting parts of a state highway heretofore constructed as a part of the Barge canal improvement shall be reconstructed, improved, maintained and repaired at the expense of the state, if in the opinion of the state commissioner of transportation, the public convenience requires such bridges to be maintained where no

In the event the state commis

alternate_crossing has been provided. sioner of transportation determines that any such bridge is no longer required for the convenience of the public, he shall have power to close, remove or relocate such bridge. The state commissioner of transportation shall have the supervision and direction of such reconstruction, improvement, maintenance, repair, closing, removing or relocation, the cost of which shall be defrayed from moneys appropriated for the improvement, maintenance and repair of the canal system]. All bridges over the canal system other than lift, movable, pedestrian or state highway bridges heretofore constructed as part of the Barge canal improvement shall be reconstructed, improved, maintained and repaired at the expense of the state under the supervision and direction of the state commissioner of transportation [and the cost of such work shall be defrayed from moneys appropriated for the improvement, maintenance and repair of the canal system], if, in his opinion, the public convenience requires that each such bridge shall be continued as a bridge for highway traffic. In the event the state commissioner of transportation is requested by any municipality to reconstruct or improve any such bridge, he is hereby empowered to do so, provided, however, that prior to such reconstruction or improvement the municipality enters into a written agreement that such bridge thereafter shall become a part of the highway system or systems which it may connect and the maintenance, repair, improvement, replacement or closing of any such bridge shall be governed by the provisions of the highway law, except that any such bridges situate in a city shall be maintained, repaired, improved, replaced or closed in the same manner and subject to the provisions of any special law which may apply or to the same provisions of law as apply to other streets and bridges in such city or in the case of such bridges situate in a village, such bridges shall be maintained, repaired, improved, replaced or closed in the same manner and subject to the same provisions of law as apply to other streets and bridges in such village. Any bridge over the [Barge] New York state canal system or abandoned part thereof which joins parts of a state highway shall be under the jurisdiction of the state commissioner of transportation and deemed to be part of the state highway system and such bridges shall be constructed, reconstructed, improved, maintained, repaired, closed or relocated pursuant to the provisions of the highway law and the cost of such work shall be paid from moneys available for construction, reconstruction, improvement, maintenance or repair of state highways.

§ 12. The canal law is amended by adding a new section 69-a to read as follows:

§ 69-a. Changes in bridges and highways on or over canals and canal lands. The commissioner of the department of transportation shall notify the authority as to any changes planned for the bridges and highways on or over canals and canal lands which may have an impact on canal operations.

§ 13. Section 100 of the canal law, as amended by chapter 420 of the laws of 1968, is amended to read as follows:

or

of

§ 100. Granting revocable permits. The commissioner of transportation [may] is hereby authorized, in his discretion, to issue revocable permits granting certain limited privileges therein, whenever the same can be done without detriment to canal navigation or damage to the banks other structures thereof. He shall prescribe the terms and conditions by which such revocable permits may be issued for the temporary use canal lands or structures and for the diversion of canal waters for sanitary, farm purposes, or industrial use. He may also issue permits, as he shall deem to be advantageous to the state, to any person, firm or corporation, to cut, gather and haul away ice from the canals. Whenever any space and facilities are available at any canal terminal and when no detriment or injury to canal traffic or delay in handling same would result, the commissioner of transportation may issue a revocable permit for the temporary and restricted use or occupancy, of such canal terminal and the facilities thereof, [for the purpose of handling, storing or transferring freight in or for transit otherwise than on the canal system,] pursuant to the rules and regulations which he may prescribe. All permits heretofore granted by the commissioner of transportation and not canceled, are hereby legalized and confirmed and made effectual and EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

valid in accordance with the terms and conditions in said permit as fully as if this chapter had been in force on the date of issuance of such permit. No liability of any kind shall attach to or rest upon the state, including the authority, for any damage on account of the granting or revocation of any permit. Existing permit holders within the Adirondack park in compliance with the terms of permits which have been properly issued pursuant to law shall continue to be afforded permits at least until the first day of June, nineteen hundred ninety-four, unless such permit holders fail to apply for permit renewal within six months of the expiration of such existing or former permit or permits, or by the first day of August, nineteen hundred ninety-three, whichever is later; provided, however, that no additional development right or rights may be included in any permit renewed prior to the first day of June, nineteen hundred ninety-five. Any revenue realized from the issuance of such permits shall be deposited into the New York state canal system development fund established pursuant to section ninety-two-u of the

state finance law.

§ 14. Section 103 of the canal law is repealed and a new section 103 is added to read as follows:

§ 103. Tolls for lock and lift bridge passage by vessels and use of locks and lift bridges. 1. The authority shall have the power to impose tolls for the passage through locks and lift bridges by vessels which are propelled in whole or in part by mechanical power, and to collect such tolls by the sale of lock and lift bridge passes issued for such periods of time as the authority shall determine. Tolls for such lock and lift bridge passes shall be established by regulation of the authority with the advice of the canal recreationway commission and following no fewer than two public hearings at geographically dispersed locations on the canal system. In addition, the authority may provide by regulation for the sale of lock and lift bridge passes by any other entity, and may allow a charge for handling by such other entities not exceed one dollar for each pass. No tolls shall be imposed or collected prior to the first day of April, nineteen hundred ninety-three. Vessels owned by the United States, a state, or subdivision thereof shall be exempted from the tolls authorized by this section.

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2. The use of locks and lift bridges by pleasure and residential vessels shall not interfere with the use of locks and lift bridges by public vessels. Pleasure, residential and public vessels shall have the same meaning as defined in the navigation law.

3. Revenues realized from the imposition of lock and lift bridge tolls shall be deposited in the New York state canal system development fund established pursuant to section ninety-two-u of the state finance law.

§ 15. Section 104 of the canal law, as amended by chapter 420 of the laws of 1968, is amended to read as follows:

§ 104. Use of dry docks for repairs. The commissioner of transportation may grant permission to owners of [floats] vessels operating upon the canals to use the state dry docks [while making emergency repairs to such floats] to the extent space is not required for the needs of canal maintenance vessels, and [he] the commissioner of transportation shall collect from such owners equitable charges for the use thereof. All sums collected for such use shall be paid into the [state treasury by the commissioner of transportation] New York state canal system development fund established pursuant to section ninety-two-u of the state finance law.

§ 16. The second unnumbered paragraph of section 130 of the canal law, as added by chapter 370 of the laws of 1976, is amended to read as follows:

Notwithstanding any general or special law to the contrary, the commissioner of transportation, upon the approval of the state comptroller, and the Division of the Budget, is authorized to enter into a negotiated contract for the sale of surplus electricity produced at the Crescent and Vischer Ferry dams, upon such terms and conditions as are beneficial to the State. Any revenue realized from the sale of such surplus electricity shall be deposited into the New York state canal system development fund established pursuant to section ninety-two-u of the state finance law.

§ 17. Article XIII-A of the canal law is repealed and a new article XIII-A is added to read as follows: