Bill Text: NY S00695 | 2017-2018 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-06-20 - RECOMMITTED TO RULES [S00695 Detail]

Download: New_York-2017-S00695-Introduced.html

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                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.