Canal Law Section 139-C
Task force duties and powers
1.Conducting an in-depth examination, presented as a public report no later than July first, two thousand twenty-three, of flood control study sectors and issues related to floodplain management, debris management, flood control and flood mitigation in the upstate flood mitigation region including:
(a)the cost or impact of flooding over the last five years to agriculture; transportation; land use; public health; insurance; economic sectors such as tourism, recreation and power generation; as well as impacts on infrastructure including bridges, low lying roads, dams, locks, roads, water and wastewater treatment plants and docks;
(b)an assessment of the Erie 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; and
(c)a listing of adaptive measures, with associated costs, that could be executed to mitigate flood damages, including but not limited to feasible floodplain management activities, debris management, construction of flood control structures, construction of communication systems and flood mitigation education for public and private landowners.
2.Establishing an upstate flood mitigation grant program based on the task force’s evaluation pursuant to § 139-D (Upstate flood mitigation grant program)section one hundred thirty-nine-d of this article which is subject to appropriations to fund grants within the upstate flood mitigation region to prevent and mitigate flood damage within the region. Such program shall work in conjunction with existing flood assistance grant programs and supplement existing efforts by providing funds for adaptive measures to mitigate or eliminate a flood event.
3.Holding public hearings as it deems necessary to solicit relevant information and gather current research and data related to flooding and flood mitigation in the region as well as recommendations to fulfill the purposes of this article. The task force shall consult with the county offices of emergency management, county soil and water conservation districts and all other federal, state and local entities it deems necessary to fulfill the purposes of this article. In determining the number of public hearings to be held, the task force shall act diligently in order to meet the timeframe for first cycle awards under the upstate flood mitigation grant program established within § 139-D (Upstate flood mitigation grant program)section one hundred thirty-nine-d of this article.
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 budget;
(c)hold public hearings; and
(d)establish an upstate flood mitigation grant program to be administered by the canal corporation and based on the task force’s evaluation, to fund grants within the upstate flood mitigation region to prevent and mitigate flood damage within the region.
5.Upon the request of the task force, all executive departments of the state 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.
6.The task force shall meet at least four times at the call of the chairperson between the effective date of this subdivision and July first, two thousand twenty-three, and on an annual basis thereafter. Special meetings may be called by its chairperson and shall be called by the chairperson at the request of a majority of the members of the task force then in office. * NB Repealed July 1, 2024
Section 139-C — Task force duties and powers,
https://www.nysenate.gov/legislation/laws/CAL/139-C (updated Jul. 8, 2022; accessed Nov. 25, 2023).