N.Y. Canal Law § 6

§ 6. Transfer of canal lands and other assets. * 1. The jurisdiction\nof the commissioner of transportation over the New York state canal\nsystem and over all state assets, equipment and property, both tangible\nand intangible, owned or used in connection with the planning,\ndevelopment, construction, reconstruction, maintenance and operation of\nthe New York state canal system, as set forth in articles one through\nand including fourteen, except article seven, of this chapter, and\nexcept properties in use on the effective date of this article in\nsupport of highway maintenance, equipment management and traffic signal\noperations of the department of transportation are hereby transferred\nwithout consideration to the authority, to be held by the authority in\nthe name of the people of the state of New York. In addition the\ncommissioner of transportation and the chairman of the authority may, in\ntheir discretion, 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 * NB Effective until January 1, 2017\n * 1. The jurisdiction of the thruway authority over the New York state\ncanal system and over all state assets, equipment and property, both\ntangible and intangible, owned or used in connection with the planning,\ndevelopment, construction, reconstruction, maintenance and operation of\nthe New York state canal system, as set forth in articles one through\nand including fourteen, except article seven, of this chapter, and\nexcept properties in use on the effective date of this article in\nsupport of highway maintenance, equipment management and traffic signal\noperations of the department of transportation, heretofore transferred\nby the commissioner of transportation to the thruway authority, are\nhereby transferred without consideration to the authority, to be held by\nthe authority in the name of the people of the state of New York. In\naddition the commissioner of transportation and the chair of the\nauthority or his or her designee may, in their discretion, enter into an\nagreement or agreements transferring jurisdiction over any or all of the\nbridges and highways set forth in article seven of this chapter, and any\nor 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 such bridges\nand highways, which shall be transferred without consideration to the\nauthority, to be held by the authority through the corporation in the\nname of the people of the state of New York. Any other rights and\nobligations resulting from or arising out of the planning, development,\nconstruction, reconstruction, operation or maintenance of the New York\nstate canal system shall be deemed assigned to and shall be exercised by\nthe authority through the corporation, except that the authority may\ndesignate the chair of the thruway authority to be its agent for the\noperation and maintenance of the New York state canal system, provided\nthat such designation shall have no force or effect after January first,\ntwo thousand seventeen. Such canal system shall remain the property of\nthe state and under its management and control as exercised by and\nthrough the authority, through the corporation which shall be deemed to\nbe the state for the purposes of such management and control of the\ncanals but for no other purposes.\n * NB Effective January 1, 2017\n * 2. The department of transportation shall deliver to the authority\nall books, policies, procedures, papers, plans, maps, records, equipment\nand property of such department pertaining to the functions transferred\npursuant to this article.\n * NB Effective until January 1, 2017\n * 2. The department of transportation and thruway authority shall\ndeliver to the authority all books, policies, procedures, papers, plans,\nmaps, records, equipment and property of such department pertaining to\nthe functions transferred pursuant to this article.\n * NB Effective January 1, 2017\n * 3. All rules, regulations, acts, determinations, orders and\ndecisions of 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 * NB Effective until January 1, 2017\n * 3. All rules, regulations, acts, determinations, orders and\ndecisions of the commissioner of transportation, department of\ntransportation, or thruway authority pertaining to the functions\ntransferred pursuant to this article in force at the time of such\ntransfer shall continue in force and effect as rules, regulations, acts,\ndeterminations, orders and decisions of the authority and corporation\nuntil duly modified or abrogated by such authority or corporation.\n * NB Effective January 1, 2017\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 * NB Effective until January 1, 2017\n * 4. Any business or other matters undertaken or commenced by the\nthruway authority, including executed contracts, permits and other\nagreements, but excluding bonds, notes or other evidences of\nindebtedness, pertaining to or connected with the powers, duties and\nobligations transferred pursuant to this article, and in effect on the\neffective date of the transfer of such matters from the thruway\nauthority to the authority provided for in this article, shall, except\nas otherwise agreed by the authority and the thruway authority, be\nconducted and completed by the authority through the corporation in the\nsame manner and under the same terms and conditions and with the same\neffect as if conducted and completed by the thruway authority, provided\nthat nothing in this subdivision shall be deemed to require the\nauthority to take any action in a manner that would in its judgment be\ninconsistent with the provisions of any bond or note resolution or any\nother contract with the holders of the authority's bonds, notes or other\nobligations.\n * NB Effective January 1, 2017\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 * NB Effective until January 1, 2017\n * 5. No existing rights or remedies of the state, authority, thruway\nauthority, or canal corporation shall be lost, impaired or affected by\nreason of this article.\n * NB Effective January 1, 2017\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 * NB Effective until January 1, 2017\n * 6. (a) No action or proceeding pending on the effective date of the\ntransfer of powers, duties and obligations from the thruway authority to\nthe authority brought by or against the thruway authority, the\ncommissioner of transportation, the corporation, the department of\ntransportation or the authority 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 the powers, duties and obligations\nfrom the thruway authority to the authority, of the officers, employees\nor agents of the thruway authority, the department of transportation, or\nany 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\na liability of the thruway authority, the department of transportation\nor such other agency of the 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 thruway authority, the corporation and the authority for\nany and all claims, damages, or liabilities, whether or not caused by\nnegligence, including civil and criminal fines, arising out of or\nrelating to any generation, processing, handling, transportation,\nstorage, treatment, or disposal of solid or hazardous wastes in the\ncanal system by any person or entity other than the thruway authority or\nthe authority occurring prior to August third, nineteen hundred\nninety-two. Such indemnification shall extend to, without limitation,\nany releases into land, water or air, including but not limited to\nreleases as defined under the federal comprehensive environmental\nresponse compensation and liability act of nineteen hundred eighty,\noccurring or existing prior to August third, nineteen hundred\nninety-two; provided that the thruway authority, the corporation and the\nauthority shall cooperate in the investigation and remediation of\nhazardous waste and other environmental problems.\n (c) Notwithstanding any provision to the contrary contained in\nparagraph (a) of this subdivision, the thruway authority shall indemnify\nand hold harmless the corporation and the authority for any and all\nclaims, damages, or liabilities, whether or not caused by negligence,\nincluding civil and criminal fines, arising out of or relating to any\ngeneration, processing, handling, transportation, storage, treatment, or\ndisposal of solid or hazardous wastes in the canal system by any person\nor entity other than the authority occurring after August third,\nnineteen hundred ninety-two and no later than the effective date of the\ntransfer of powers, duties and obligations from the thruway authority to\nthe authority. Such indemnification shall extend to, without limitation,\nany releases into land, water or air, including but not limited to\nreleases as defined under the federal comprehensive environmental\nresponse compensation and liability act of nineteen hundred eighty,\noccurring or existing prior to the effective date of the transfer of\npowers, duties and obligations from the thruway authority to the\nauthority; provided that the corporation and the authority shall\ncooperate in the investigation and remediation of hazardous waste and\nother environmental problems.\n (d) Except as otherwise provided in this chapter, the thruway\nauthority shall retain all liabilities, whether or not caused by\nnegligence, arising out of any acts or omissions occurring on or after\nAugust third, nineteen hundred ninety-two, in connection with its\npowers, duties and obligations with respect to the corporation. The\nauthority and the state shall not be held liable in connection with any\nliabilities arising out of such acts or omissions.\n * NB Effective January 1, 2017\n * 7. Notwithstanding any provision of law to the contrary, in\nconnection with the transfer of jurisdiction of the corporation to the\nauthority and the assumption of management of the corporation as a\nsubsidiary corporation of the authority pursuant to the chapter of the\nlaws of two thousand sixteen which added this subdivision, the thruway\nauthority shall have the power to fulfill any existing agreements or\nobligations, make any agreements, receive, retain or pay any funds,\ndeemed necessary and in the public interest to effectuate the provisions\nand intent of this chapter, including but not limited to, the entering\ninto any agreements with the corporation, the authority and any other\nfederal, state, municipal or other entities, and to receive funds from\nthe federal emergency management agency or the state, to fulfill the\nthruway authority's existing financial or other obligations arising from\nits jurisdiction over the canal system and the corporation.\n * NB Effective January 1, 2017\n