STATE OF NEW YORK
________________________________________________________________________
695
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed to the Committee 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 shall have power to close, remove or relo-
15 cate such bridge, provided at least one public hearing shall be
16 conducted in the community or communities where the bridge to be closed
17 or removed is located. The commissioner of transportation shall have
18 the supervision and direction of such reconstruction, improvement, main-
19 tenance, repair, closing, removing or relocation. All bridges over the
20 canal system other than lift, movable, pedestrian or state highway
21 bridges heretofore constructed as part of the barge canal improvement
22 shall be reconstructed, improved, maintained and repaired at the expense
23 of the state under the supervision and direction of the commissioner of
24 transportation, if, in his opinion, the public convenience requires that
25 each such bridge shall be continued as a bridge for highway traffic. In
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04316-01-7
S. 695 2
1 the event the commissioner of transportation is requested by any munici-
2 pality to reconstruct or improve any such bridge, he is hereby empowered
3 to do so, provided, however, that prior to such reconstruction or
4 improvement the municipality enters into a written agreement that such
5 bridge thereafter shall become a part of the highway system or systems
6 which it may connect and the maintenance, repair, improvement, replace-
7 ment or closing of any such bridge shall be governed by the provisions
8 of the highway law, except that any such bridges situate in a city shall
9 be maintained, repaired, improved, replaced or closed in the same manner
10 and subject to the provisions of any special law which may apply or to
11 the same provisions of law as apply to other streets and bridges in such
12 city or in the case of such bridges situate in a village, such bridges
13 shall be maintained, repaired, improved, replaced or closed in the same
14 manner and subject to the same provisions of law as apply to other
15 streets and bridges in such village. Any bridge over the New York state
16 canal system or abandoned part thereof which joins parts of a state
17 highway shall be under the jurisdiction of the commissioner of transpor-
18 tation and deemed to be part of the state highway system and such bridg-
19 es shall be constructed, reconstructed, improved, maintained, repaired,
20 closed or relocated pursuant to the provisions of the highway law and
21 the cost of such work shall be paid from moneys available for
22 construction, reconstruction, improvement, maintenance or repair of
23 state highways.
24 § 2. This act shall take effect immediately.
