•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A00684 Summary:

BILL NOA00684
 
SAME ASNo Same As
 
SPONSORLunsford
 
COSPNSRDeStefano, Jensen, Byrnes, Manktelow, Conrad
 
MLTSPNSR
 
Amd Art 15 §1, Constn
 
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.
Go to top    

A00684 Actions:

BILL NOA00684
 
01/11/2023referred to corporations, authorities and commissions
01/11/2023to attorney-general for opinion
01/30/2023opinion referred to judiciary
01/03/2024referred to corporations, authorities and commissions
01/08/2024to attorney-general for opinion
01/26/2024opinion referred to judiciary
Go to top

A00684 Memo:

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.
Go to top

A00684 Text:



 
                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
Go to top