Bill Text: NY A07242 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to maintaining bridges over the canal system in a manner to not impede commercial motor vehicles.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-06 - referred to transportation [A07242 Detail]

Download: New_York-2015-A07242-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7242--A
                              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 -- 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:
    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    S  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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08235-05-5
       A. 7242--A                          2
    1  each such bridge shall be continued as a bridge for highway traffic.  In
    2  the event the commissioner of transportation is requested by any munici-
    3  pality to reconstruct or improve any such bridge, he is hereby empowered
    4  to  do  so,  provided,  however,  that  prior  to such reconstruction or
    5  improvement the municipality enters into a written agreement  that  such
    6  bridge  thereafter  shall become a part of the highway system or systems
    7  which it may connect and the maintenance, repair, improvement,  replace-
    8  ment  or  closing of any such bridge shall be governed by the provisions
    9  of the highway law, except that any such bridges situate in a city shall
   10  be maintained, repaired, improved, replaced or closed in the same manner
   11  and subject to the provisions of any special law which may apply  or  to
   12  the same provisions of law as apply to other streets and bridges in such
   13  city  or  in the case of such bridges situate in a village, such bridges
   14  shall be maintained, repaired, improved, replaced or closed in the  same
   15  manner  and  subject  to  the  same  provisions of law as apply to other
   16  streets and bridges in such village. Any bridge over the New York  state
   17  canal  system  or  abandoned  part  thereof which joins parts of a state
   18  highway shall be under the jurisdiction of the commissioner of transpor-
   19  tation and deemed to be part of the state highway system and such bridg-
   20  es shall be constructed, reconstructed, improved, maintained,  repaired,
   21  closed  or  relocated  pursuant to the provisions of the highway law and
   22  the  cost  of  such  work  shall  be  paid  from  moneys  available  for
   23  construction,  reconstruction,  improvement,  maintenance  or  repair of
   24  state highways.
   25    S 2. This act shall take effect immediately.