Requires legislative approval for any change in the state agency or agency subdivision which has management and control, including but not limited to management and control over its maintenance and oversight, of any portion of the barge canal.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A684
SPONSOR: Lunsford
 
TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to section 1 of article 15 of the constitution, in relation to the
disposition of barge canal lands, barge canal terminals or barge canal
terminal lands
 
PURPOSE OR GENERAL IDEA OF BILL::
Proposes a constitutional amendment to require legislative approval for
any change in the state agency responsible for managing and overseeing
New York's barge canals.
 
SUMMARY OF PROVISIONS::
Section 1 is a concurrent resolution of the State and Assembly proposing
an amendment to Article 15 of the New York State Constitution which
would require legislative approval for any change in the state agency or
subdivision thereof with management and control, including but not
limited to management and control over its maintenance and oversight, or
any portion of the barge canal, of which the divisions are the Erie
canal, the Oswego canal, the Champlain canal, and the Cayuga and Seneca
canals.
Section 2 of this bill is the effective date.
 
JUSTIFICATION::
New York's canals, the Erie, Champlain, Oswego, and Cayuga-Seneca, serve
a critical role in preserving New York's history and environment while
generating billions of dollars in revenue. Since its inception, communi-
ties have grown around the canals creating unique and impactful recre-
ational, residential, and commercial spaces. Indeed, New York's canals
are a substantial economic driver, producing over $6.2 billion annually
in non-tourism economic activity, including renewable power generation,
public and agricultural water supplies, and commercial shipping; $1.3
billion annually in just canal-related events and tours; and $307.7
million annually to Upstate New York. The Erie Canal supports 3,240
jobs.' Yet, in recent decades, the canals have suffered from inconsist-
ent governance, which under current law, can be changed at the Gover-
nor's whim.
Since 1992, New York's canals have been governed by the New York State
Canal Corporation. The Canal Corporation was a department of the Thruway
Authority from 1992-2017. On January 1, 2017, the New York Power Author-
ity (NYPA) assumed ownership of the Canal Corporation, even though it
had already been transferred fiscal responsibility for it since 2015.2
Since 2017, NYPA has faced significant internal and external. challenges
that have impacted its efficacy in overseeing the canals with which it
was entrusted. ii
For example, Governor Andrew Cuomo repeatedly pushed the Canal System
Revitalization Act, which sought to abolish the Canal Recreationway
Commission, in existence since 1992, and create a new public benefit
corporation that would have given the power to buy and sell canal
property.iii This legislation was widely criticized by New Yorkers who
live, work, and play on the Canals. In 2018, NYPA became embattled in
litigation with municipalities along the Erie Canal when it sought to
engage in embankment maintenance. The court eventually halted the
project, and NYPA did not appeal, but has been working to develop a new
maintenance plan ever since." Many residents in the proposed affected
areas believe this litigation could have been avoided by proper communi-
ty engagement, which the Canal Corporation is now engaging in; however,
at the time of Canal Corporation was transferred to NYPA, the vital
roles of those working with the canal communities simply were not in
place.
Requiring the Legislature to approve any future changes in the state
agency maintaining and overseeing New York's Canals would ensure those
engaged in this important work do not have to worry about suddenly
losing their jobs while also ensuring they are properly vetted and held
to account to those elected by the people of New York. It ensures that
the positions of the New Yorkers who engage with our canals regularly,
live and work along its banks, and row and sail in its waters, are
considered before such a substantial change is made - not just the
person currently occupying the Governor's mansion.
i Erie Canalway National Heritage Corridor, Investing in our strength,
https://eriecanalway.org/ourwork/foster-vibrant-communities
ii N.Y. Canal Corporation, NY Power Authority to assume ownership of
Canal Corporation on New Year's Day, (Jan. 1, 2017),
https://www.canals.ny.govinews/pressre1
/2017/2017-01-02-canalownership.htm
iii Thomas Prohaska, Boaters worry, but official says 'we are serious
about investing' in Erie Canal, BUFFALO NEWS (Mar. 1, 2021),
https://buffalonews.com/news/local/boaters-worry-but-official-sayswe-are
-serious-about-investing-in-erie-canal/article_7
lOca320-7863-11eb-8e70-47eflb27980d.html
iv David Andreatta, State relents on controversial Erie Canal tree-cut-
ting plan, for now, DEMOCRAT AND CHRONICLE (Oct. 11, 2018), haps ://www.
democratandchronicle.com/story/news/2018/10/1 l/state-relents-
controversial-erie-canaltree-cutting-plan-now/1598502002/
 
LEGISLATIVE HISTORY::
A.8805 of 2021-22: referred to corporations, authorities and commissions
FISCAL IMPLICATIONS: None.
 
EFFECTIVE DATE::
This act shall take effect after being referred to the first regular
legislative session convening after the next succeeding general election
of members of the assembly, and, in conformity with section 1 article 19
of the constitution, be published for 3 months previous to the time of
such election.
STATE OF NEW YORK
________________________________________________________________________
684
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. LUNSFORD, DeSTEFANO, JENSEN, BYRNES, MANKTELOW --
read once and referred to the Committee on Corporations, Authorities
and Commissions
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 1 of article 15 of the constitution,
in relation to the disposition of barge canal lands, barge canal
terminals or barge canal terminal lands
1 Section 1. Resolved (if the Senate concur), That section 1 of article
2 15 of the constitution be amended to read as follows:
3 Section 1. The legislature shall not sell, abandon or otherwise
4 dispose of the now existing or future improved barge canal, the divi-
5 sions of which are the Erie canal, the Oswego canal, the Champlain
6 canal, and the Cayuga and Seneca canals, or of the terminals constructed
7 as part of the barge canal system; nor shall it sell, abandon or other-
8 wise dispose of any portion of the canal system existing prior to the
9 barge canal improvement which portion forms a part of, or functions as a
10 part of, the present barge canal system; but such canals and terminals
11 shall remain the property of the state and under its management and
12 control forever. Legislative approval shall be obtained for any change
13 in the state agency or agency subdivision which has management and
14 control, including but not limited to management and control over its
15 maintenance and oversight, of any portion of the barge canal. This
16 prohibition shall not prevent the legislature, by appropriate laws, from
17 authorizing the granting of revocable permits or leases for periods of
18 time as authorized by the legislature for the occupancy or use of such
19 lands or structures.
20 § 2. Resolved (if the Senate concur), That the foregoing amendment be
21 referred to the first regular legislative session convening after the
22 next succeeding general election of members of the assembly, and, in
23 conformity with section 1 of article 19 of the constitution, be
24 published for 3 months previous to the time of such election.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89021-01-3