S T A T E   O F   N E W   Y O R K
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                                 2658--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 27, 2015
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation -- reported
  favorably from said  committee  and  committed  to  the  Committee  on
  Finance  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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:

  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
COMMERCIAL MOTOR VEHICLES AS DEFINED IN SUBDIVISION  FOUR-A  OF  SECTION
TWO  OF THE TRANSPORTATION LAW.  In the event the commissioner of trans-
portation determines that any such bridge is no longer required for  the
convenience of the public, he shall have power to close, remove or relo-
cate  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 transportation shall have
the supervision and direction of such reconstruction, improvement, main-
tenance, repair, closing, removing or relocation. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08235-04-5
              

S. 2658--A                          2

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 a bridge for highway traffic.  In
the event the commissioner of transportation is requested by any munici-
pality 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,  replace-
ment  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 transpor-
tation and deemed to be part of the state highway system and such bridg-
es 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.