Understanding the Senate Bill  by Doug Kucmerowski

Senate Bill S1232
Requires canal corporation to provide written notice to the municipality in which the canal is located and properties adjacent to such canal prior to commencing work along such canal

There are Bills with identical numbers, from different legislative years. But a search on Canal found these.

And read the BOLD text because these bills will only provide a limited use, based on how tree removal happens


Remember that one NYS agency has already stated that every tree, growing on an earthen dam, is a danger to the safety & sustainability of that water impounding structure.

The question in the future will be simple, is this issue on a canal embankment an "emergency"?

If yes, are the trees or invasive vegetation the cause? 

If unsure, all vegetation needs removal to INSPECT per NYS standards... and that's already law.

Remember that NYPA is required to follow NYS and Federal Dam guidelines and they all state that clear dams are safer dams. If you can't eliminate the dam, then at a minimum it will need inspection and required maintenance to follow FEMA standards.

If trees or vegetation is causing the safety issue, then the Senate bill says fix it, no need to talk to the public, no need to advance warn..etc.

If its not an emergency or safety related, and the Canal Corporation wants to clear land, say along a shoreline, then the Senate Bill applies, but it's just communication, not a discussion about anything else.

There will be NO voting on whether work should be done.

The EEIP Guidebook exists to end those public discussions.

But the issue will be that "community threshold" statement in the SEQR statement, and how that's calculated... ie: Fairport community is 5400, Perinton is around 47,000. So how much of the community is affected, and how many of those affected are voicing concern, either on FB or in live meetings?

Ms Agte and her social media group may not represent enough of the community to matter anymore,

Combine that with the fact that her Stop Canal Work group has literally NO support from any reputable expert in Hydrology, NO politicians stepping up to stand in their corner, and they are STILL holding to their "denialist approach" that nothing is wrong with the Erie Canal, leave it alone.

And finally, Remember that the NYS Canal Corporation has already stated plainly that they ONLY intend to remove trees that are a danger to the public using their Canal System.

Waterway public.. Trail public... and the public living below their earth dams.

Here's the links to the two different bills:

https://www.nysenate.gov/legislation/bills/2021/S6748 (This became A2994)

https://www.nysenate.gov/legislation/bills/2023/s1232

And here's the two main statements being made in both Lawmaker Proposals:

1) Communication -

Whenever the Canal Corporation looks to adjust property along the canal,  it  should be expected that they engage with stakeholders in the community who will be affected

With this legislation, the  Canal  Corporation  would  be  obligated to promptly  notify  local  government, with limited exceptions, when 'they plan on doing work along the canal as well as provide an opportunity for community members to have their voice heard  through  a  public  hearing held  locally.



2) Limits on Work -

SUMMARY OF PROVISIONS:

Section 1 amends Section 42 of the canal law to require the canal corporation to give written notice to municipalities of any work to remove vegetation, encroachments and trees no less than ninety days before work begins and no more than one hundred and twenty days before work begins.

If the work has not started between ninety and one hundred and twenty days, the canal corporation can issue a notice of extension to the municipality no further than thirty days from the original anticipated start date.

The corporation shall hold a public hearing between thirty to forty-five days prior to start of work to inform the community of such work.

In addition, the corporation will be excused from public hearing requirements if an emergency comes up that could result in a direct failure of the canal dams or endanger lives.

Removal of hazardous trees will be included in the emergency, this includes trees that pose a threat to the canals.