6 - Transfer of Canal Lands and Other Assets.

NY Canal L § 6 (2019) (N/A)
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(b) Notwithstanding any provision to the contrary contained in paragraph (a) of this subdivision, the state shall indemnify and hold harmless the thruway authority, the corporation and the authority for any and all claims, damages, or liabilities, whether or not caused by negligence, including civil and criminal fines, arising out of or relating to any generation, processing, handling, transportation, storage, treatment, or disposal of solid or hazardous wastes in the canal system by any person or entity other than the thruway authority or the authority occurring prior to August third, nineteen hundred ninety-two. Such indemnification shall extend to, without limitation, any releases into land, water or air, including but not limited to releases as defined under the federal comprehensive environmental response compensation and liability act of nineteen hundred eighty, occurring or existing prior to August third, nineteen hundred ninety-two; provided that the thruway authority, the corporation and the authority shall cooperate in the investigation and remediation of hazardous waste and other environmental problems.

(c) Notwithstanding any provision to the contrary contained in paragraph (a) of this subdivision, the thruway authority shall indemnify and hold harmless the corporation and the authority for any and all claims, damages, or liabilities, whether or not caused by negligence, including civil and criminal fines, arising out of or relating to any generation, processing, handling, transportation, storage, treatment, or disposal of solid or hazardous wastes in the canal system by any person or entity other than the authority occurring after August third, nineteen hundred ninety-two and no later than the effective date of the transfer of powers, duties and obligations from the thruway authority to the authority. Such indemnification shall extend to, without limitation, any releases into land, water or air, including but not limited to releases as defined under the federal comprehensive environmental response compensation and liability act of nineteen hundred eighty, occurring or existing prior to the effective date of the transfer of powers, duties and obligations from the thruway authority to the authority; provided that the corporation and the authority shall cooperate in the investigation and remediation of hazardous waste and other environmental problems.

(d) Except as otherwise provided in this chapter, the thruway authority shall retain all liabilities, whether or not caused by negligence, arising out of any acts or omissions occurring on or after August third, nineteen hundred ninety-two, in connection with its powers, duties and obligations with respect to the corporation. The authority and the state shall not be held liable in connection with any liabilities arising out of such acts or omissions. 7. Notwithstanding any provision of law to the contrary, in connection with the transfer of jurisdiction of the corporation to the authority and the assumption of management of the corporation as a subsidiary corporation of the authority pursuant to the chapter of the laws of two thousand sixteen which added this subdivision, the thruway authority shall have the power to fulfill any existing agreements or obligations, make any agreements, receive, retain or pay any funds, deemed necessary and in the public interest to effectuate the provisions and intent of this chapter, including but not limited to, the entering into any agreements with the corporation, the authority and any other federal, state, municipal or other entities, and to receive funds from the federal emergency management agency or the state, to fulfill the thruway authority's existing financial or other obligations arising from its jurisdiction over the canal system and the corporation.