N.Y. Canal Law § 6

§ 6. Transfer of canal lands and other assets. 1. The jurisdiction of\nthe commissioner of transportation over the New York state canal system\nand over all state assets, equipment and property, both tangible and\nintangible, owned or used in connection with the planning, development,\nconstruction, reconstruction, maintenance and operation of the New York\nstate canal system, as set forth in articles one through and including\nfourteen, except article seven, of this chapter, and except properties\nin use on the effective date of this article in support of highway\nmaintenance, equipment management and traffic signal operations of the\ndepartment of transportation are hereby transferred without\nconsideration to the authority, to be held by the authority in the name\nof the people of the state of New York. In addition the commissioner of\ntransportation and the chairman of the authority may, in their\ndiscretion, enter into an agreement or agreements transferring\njurisdiction over any or all of the bridges and highways set forth in\narticle seven of this chapter, and any or all state assets, equipment\nand property, both tangible and intangible, owned or used in connection\nwith the planning, development, construction, reconstruction,\nmaintenance and operation of such bridges and highways, which shall be\ntransferred without consideration to the authority, to be held by the\nauthority through the corporation in the name of the people of the state\nof New York. Any other rights and obligations resulting from or arising\nout of the planning, development, construction, reconstruction,\noperation or maintenance of the New York state canal system shall be\ndeemed assigned to and shall be exercised by the authority through the\ncorporation, except that the authority may designate the commissioner of\ntransportation to be its agent for the operation and maintenance of the\nNew York state canal system, provided that such designation shall have\nno force or effect after March thirty-first, nineteen hundred\nninety-three. Such canal system shall remain the property of the state\nand under its management and control as exercised by and through the\nauthority, through the corporation which shall be deemed to be the state\nfor the purposes of such management and control of the canals but for no\nother purposes.\n 2. The department of transportation shall deliver to the authority all\nbooks, policies, procedures, papers, plans, maps, records, equipment and\nproperty of such department pertaining to the functions transferred\npursuant to this article.\n 3. All rules, regulations, acts, determinations, orders and decisions\nof the commissioner of transportation and of the department of\ntransportation pertaining to the functions transferred pursuant to this\narticle in force at the time of such transfer shall continue in force\nand effect as rules, regulations, acts, determinations, orders and\ndecisions of the authority and corporation until duly modified or\nabrogated by such authority and corporation.\n 4. Any business or other matters undertaken or commenced by the\ncommissioner of transportation or the department of transportation,\nincluding executed contracts, permits and other agreements, pertaining\nto or connected with the functions, powers, obligations and duties\ntransferred pursuant to this article, and in effect on the effective\ndate hereof, shall be conducted and completed by the authority through\nthe corporation in the same manner and under the same terms and\nconditions and with the same effect as if conducted and completed by the\ncommissioner of transportation or the department of transportation.\n 5. No existing rights or remedies of the state, including the\nauthority, shall be lost, impaired or affected by reason of this\narticle.\n 6. (a) No action or proceeding pending on the effective date of this\narticle, brought by or against the commissioner of transportation or the\ndepartment of transportation shall be affected by this article. Any\nliability arising out of any act or omission occurring prior to the\neffective date of the transfer of powers and duties authorized herein of\nthe officers, employees or agents of the department of transportation,\nor any other agency of the state, other than the authority, in the\nperformance of their obligations or duties under the canal law, any\nother law of the state or any federal law, or pursuant to a contract\nentered into prior to the effective date of such transfer shall remain a\nliability of the department of transportation or such other agency of\nthe state and not of the authority.\n (b) Notwithstanding any provision to the contrary contained in\nparagraph (a) of this subdivision, the state shall indemnify and hold\nharmless the authority and corporation for any and all claims, damages,\nor liabilities, whether or not caused by negligence, including civil and\ncriminal fines, arising out of or relating to any generation,\nprocessing, handling, transportation, storage, treatment, or disposal of\nsolid or hazardous wastes in the canal system by any person or entity\nother than the authority occurring prior to the effective date of the\ntransfer of powers and duties authorized herein. Such indemnification\nshall extend to, without limitation, any releases into land, water or\nair, including but not limited to releases as defined under the federal\ncomprehensive environmental response compensation and liability act of\nnineteen hundred eighty, occurring or existing prior to the effective\ndate of this section; provided that the authority shall cooperate in the\ninvestigation and remediation of hazardous waste and other environmental\nproblems.\n