§ 35-c. Real time and wind water level telemetry system. 1. Establishment of system. The seceretary of state shall arrange for the establishment of a real time and wind water level telemetry system to inform and assist users of the harbors and waterways of the state.

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2. General functions and powers. To provide for such a real time and wind water level telemetry system, the department of state shall have the power, duty and authority:

a. To arrange for the construction, installation, operation and maintenance of a computerized information system based on water level gauges and other remote sensing devices, starting from lower New York harbor and the lower Hudson river to Haverstraw bay and the Albany area and including the entrance to Long Island sound extending, as user demand may warrant, to other ports and waterways of the state;

b. To arrange for the establishment of a schedule of fees to be charged to actual users for the information provided from such a system, adequate to amortize the cost of installation and construction, to recover the annual costs of operation and maintenance and to collect such fees; and

c. To report annually to the governor and the legislature on the operation of the program for the year preceding and plans and recommendations for the future.

3. Specific functions. To carry out this program the department of state may:

a. Develop and promulgate orders, rules and regulations to effectuate the purposes of this section;

b. Contract with public or private organizations to perform the various activities required by this section, including construction, operation, maintenance, collection of fees and monitoring of the program;

c. Designate employees of the department of state who shall be empowered to examine the records of such contractors as to the collection and expenditure of funds;

d. Apply for, accept and expend any federal or other monies made available for the purposes of this section;

e. Require and receive assistance from any agency of the state or any political subdivision thereof in the furtherance of this program;

f. Act as the agent of the state, when required by this program, in arranging cooperative agreements with other states and Canada; and

g. Set up an advisory committee of experts and representatives of other public and private agencies to facilitate the program's execution.