(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.