NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6737
SPONSOR: Bologna TITLE OF BILL:
An act to amend the canal law, in relation to maintaining bridges in a
manner to not impede commercial motor vehicles
PURPOSE:
This legislation would require the State to maintain canal lift bridges
in a manner not to impede_ commercial vehicle traffic as defined in
subdivision four-a of section two of the transportation law. Further
this legislation requires at least on public hearing in a community
where the bridge to be closed is located.
SUMMARY OF PROVISIONS:
Section 1 amends Section 62 of the canal law to require the State to
maintain canal lift bridges in a manner not to impede commercial traffic
as defined by subdivision four-a of section two of the transportation
law. a Further this section requires at least one public hearing in a
community where the bridge to be closed is located.
Section 2 is the effective date.
JUSTIFICATION:
Canal lift bridges provide a critical transportation resource for both
residents and business in the affected community. Currently the State
often allows these bridges to deteriorate to such a point that they must
be closed, as the law allows them to not have to maintain h canal lift
bridge as open as long as in the State's discretion there is no alter-
nate crossing provided. This discretion is significant and has allowed
for many upstate canal lift bridges to deteriorate to such a point that
they cannot be used. This has affected residents and business with long-
er daily commutes to, work, school, and business which creates a nega-
tive impact on their and their communities lives. It is unconscionable
to think that infrastructure needs can be so ignored to allow this to
happen. This legislation would require these canal lift bridges to be
maintained if that bridge being closed would impede commerce, transpor-
tation of students, or agriculture.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
6737
2025-2026 Regular Sessions
IN ASSEMBLY
March 11, 2025
___________
Introduced by M. of A. BOLOGNA -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the canal law, in relation to maintaining bridges in a
manner to not impede commercial motor vehicles
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 62 of the canal law, as amended by chapter 335 of
2 the laws of 2001, is amended to read as follows:
3 § 62. Maintenance by state of certain bridges over the canal system.
4 All highway or pedestrian, lift or movable bridges over the canal system
5 other than highway bridges connecting parts of a state highway hereto-
6 fore constructed as a part of the barge canal improvement shall be
7 reconstructed, improved, maintained and repaired at the expense of the
8 state, [if in the opinion of the commissioner of transportation, the
9 public convenience requires such bridges to be maintained where no
10 alternate crossing has been provided] in a manner so as not to impede
11 commercial motor vehicles as defined in subdivision four-a of section
12 two of the transportation law. In the event the commissioner of trans-
13 portation determines that any such bridge is no longer required for the
14 convenience of the public, [he] such commissioner shall have the power
15 to close, remove or relocate such bridge, provided at least one public
16 hearing shall be conducted in the community or communities where the
17 bridge to be closed or removed is located. The commissioner of trans-
18 portation shall have the supervision and direction of such recon-
19 struction, improvement, maintenance, repair, closing, removing or relo-
20 cation. All bridges over the canal system other than lift, movable,
21 pedestrian or state highway bridges heretofore constructed as part of
22 the barge canal improvement shall be reconstructed, improved, maintained
23 and repaired at the expense of the state under the supervision and
24 direction of the commissioner of transportation, if, in [his] the
25 commissioner's opinion, the public convenience requires that each such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01645-01-5
A. 6737 2
1 bridge shall be continued as a bridge for highway traffic. In the event
2 the commissioner of transportation is requested by any municipality to
3 reconstruct or improve any such bridge, [he] such commissioner is hereby
4 empowered to do so, provided, however, that prior to such reconstruction
5 or improvement the municipality enters into a written agreement that
6 such bridge thereafter shall become a part of the highway system or
7 systems which it may connect and the maintenance, repair, improvement,
8 replacement or closing of any such bridge shall be governed by the
9 provisions of the highway law, except that any such bridges situate in a
10 city shall be maintained, repaired, improved, replaced or closed in the
11 same manner and subject to the provisions of any special law which may
12 apply or to the same provisions of law as apply to other streets and
13 bridges in such city or in the case of such bridges situate in a
14 village, such bridges shall be maintained, repaired, improved, replaced
15 or closed in the same manner and subject to the same provisions of law
16 as apply to other streets and bridges in such village. Any bridge over
17 the New York state canal system or abandoned part thereof which joins
18 parts of a state highway shall be under the jurisdiction of the commis-
19 sioner of transportation and deemed to be part of the state highway
20 system and such bridges shall be constructed, reconstructed, improved,
21 maintained, repaired, closed or relocated pursuant to the provisions of
22 the highway law and the cost of such work shall be paid from moneys
23 available for construction, reconstruction, improvement, maintenance or
24 repair of state highways.
25 § 2. This act shall take effect immediately.
