Senate Bill S2101

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2101
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2025
                                ___________
 
 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:
 
   Section 1. Section 62 of the canal law, as amended by chapter  335  of
 the laws of 2001, is amended to read as follows:
   §  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] SUCH COMMISSIONER shall have THE 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]  THE
 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
              

 S. 2101                             2
 
 bridge shall be continued as a bridge for highway traffic. In the  event
 the  commissioner  of transportation is requested by any municipality to
 reconstruct or improve any such bridge, [he] SUCH COMMISSIONER 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 commis-
 sioner 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.
   § 2. This act shall take effect immediately.