N.Y. Environmental Conservation Law 73-0107 – Task force duties
* § 73-0107. Task force duties.
Terms Used In N.Y. Environmental Conservation Law 73-0107
- Adaptive measures: means any adjustment, whether passive, reactive or anticipatory, that may be taken to ameliorate the anticipated adverse consequences associated with flood events. See N.Y. Environmental Conservation Law 73-0103
- Canal system: shall mean the canal waterways, lands and infrastructure as set out in § 2 of the canal law. See N.Y. Environmental Conservation Law 73-0103
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
The role of the task force includes, but is not limited to:
1. Conduct an in-depth examination of flood control study sectors and issues related to floodplain management, flood control and flood mitigation in and along the canal system including:
(a) Adaptive measures that can be taken to mitigate flood damages, including but not limited to feasible floodplain management activities, wetland restoration, flood control structures, communication systems and structures and associated costs;
(b) Evaluation which should include impacts on agriculture, transportation, land use, health, insurance and economic sectors such as shipping, fisheries, power generation, tourism, and recreation. Impacts on infrastructure, including bridges, low-lying roads, dams, locks, causeways, water and wastewater treatment plants and docks shall be included in the evaluation; and
(c) Evaluation of canal operation procedures and plans which may have a direct or indirect impact on flood mitigation and flood management including, but not limited to, debris management, communication, water management and flood response.
2. Evaluation and assessment of any flood control or mitigation measures identified in terms of feasibility, economic and public health impacts, and effectiveness, as well as identifying impediments to implementing flood control and mitigation measures and where possible, actions that could be taken to resolve these issues.
3. The department and the canal corporation shall provide the task force with such facilities, assistance and data as will enable the task force to carry out its powers and duties. Additionally, all other agencies of the state or subdivisions thereof shall, at the request of the chair provide the task force with such facilities, assistance, and data as will enable the task force to carry out its powers and duties.
4. The task force shall have the power to:
(a) Contract for professional and technical assistance and advice;
(b) Contract for and accept assistance including, but not limited to gifts, grants, easements, and loans of funds, real property and personal property from the federal government or any agency or instrumentality of the state, or from any other public or private source to comply, subject to the provisions of this article, with the terms and conditions thereof, subject to the approval of the division of the budget. Notwithstanding the provisions of § 11 of the state finance law, the task force may accept gifts, grants, devises and bequests, whether conditional or unconditional with the approval of the director of the budget; and
(c) Conduct scientific and environmental studies.
* NB Repealed 120 days after the New York State canal flood mitigation task force has submitted its completed report (see ch. 456/2007 §2)