S T A T E O F N E W Y O R K
________________________________________________________________________
7242
2015-2016 Regular Sessions
I N A S S E M B L Y
April 29, 2015
___________
Introduced by M. of A. McDONALD -- 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 commerce, transportation of students, or agricul-
ture
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 62 of the canal law, as amended by chapter 335 of
the laws of 2001, is amended to read as follows:
S 62. Maintenance by state of certain bridges over the canal system.
All highway or pedestrian, lift or movable bridges over the canal system
other than highway bridges connecting parts of a state highway hereto-
fore constructed as a part of the barge canal improvement shall be
reconstructed, improved, maintained and repaired at the expense of the
state, [if in the opinion of the commissioner of transportation, the
public convenience requires such bridges to be maintained where no
alternate crossing has been provided] IN A MANNER SO AS NOT TO IMPEDE
COMMERCE, TRANSPORTATION OF STUDENTS, OR AGRICULTURE. In the event the
commissioner of transportation determines that any such bridge is no
longer required for the convenience of the public, he shall have power
to close, remove or relocate such bridge, PROVIDED AT LEAST ONE PUBLIC
HEARING SHALL BE CONDUCTED IN THE COMMUNITY OR COMMUNITIES WHERE THE
BRIDGE TO BE CLOSED OR REMOVED IS LOCATED. The commissioner of trans-
portation shall have the supervision and direction of such recon-
struction, improvement, maintenance, repair, closing, removing or relo-
cation. All bridges over the canal system other than lift, movable,
pedestrian or state highway bridges heretofore constructed as part of
the barge canal improvement shall be reconstructed, improved, maintained
and repaired at the expense of the state under the supervision and
direction of the commissioner of transportation, if, in his opinion, the
public convenience requires that each such bridge shall be continued as
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08235-01-5
A. 7242 2
a bridge for highway traffic. In the event the commissioner of transpor-
tation is requested by any municipality to reconstruct or improve any
such bridge, he is hereby empowered to do so, provided, however, that
prior to such reconstruction or improvement the municipality enters into
a written agreement that such bridge thereafter shall become a part of
the highway system or systems which it may connect and the maintenance,
repair, improvement, replacement or closing of any such bridge shall be
governed by the provisions of the highway law, except that any such
bridges situate in a city shall be maintained, repaired, improved,
replaced or closed in the same manner and subject to the provisions of
any special law which may apply or to the same provisions of law as
apply to other streets and bridges in such city or in the case of such
bridges situate in a village, such bridges shall be maintained,
repaired, improved, replaced or closed in the same manner and subject to
the same provisions of law as apply to other streets and bridges in such
village. Any bridge over the New York state canal system or abandoned
part thereof which joins parts of a state highway shall be under the
jurisdiction of the commissioner of transportation and deemed to be part
of the state highway system and such bridges shall be constructed,
reconstructed, improved, maintained, repaired, closed or relocated
pursuant to the provisions of the highway law and the cost of such work
shall be paid from moneys available for construction, reconstruction,
improvement, maintenance or repair of state highways.
S 2. This act shall take effect immediately.