NY State Senate Bill 2019-S125

Senate Bill S125

2019-2020 Legislative Session

In relation to maintaining bridges over the canal system in a manner to not impede commercial motor vehicles

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Jan 09, 2019	referred to transportation

2019-S125 (ACTIVE) - Details

See Assembly Version of this Bill:: A3222
Current Committee:: Senate Transportation
Law Section:: Canal Law
Laws Affected:: Amd §62, Can L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S2658, A7242
2017-2018: S695, A7166
2021-2022: S2702, A3894
2023-2024: S659, A5081

2019-S125 (ACTIVE) - Summary

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

2019-S125 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S125

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the canal law, in relation to maintaining bridges in a
manner to not impede commercial motor vehicles

 
PURPOSE:

This legislation would require the State to maintain canal lift bridges
in a manner not to impede commercial vehicle traffic as defined in
subdivision four-a of section two of the transportation law. Further
this legislation requires at least on public hearing in a community
where the bridge to be closed is located.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 62 of the canal law to require the State to
maintain canal lift bridges in a manner not to impede commercial traffic
as defined by subdivision four-a of section two of the transportation

law. a Further this section requires at least one public hearing in a
community where the bridge to be closed is located.

Section 2 is the effective date.

 
JUSTIFICATION:

Canal lift bridges provide a critical transportation resource for both
residents and business in the affected community. Currently the State
often allows these bridges to deteriorate to such a point that they must
be closed, as the law allows them to not have to maintain a canal lift
bridge as open as long as in the State's discretion there is no alter-
nate crossing provided. This discretion is significant and has allowed
for many upstate canal lift bridges to deteriorate to such a point that
they cannot be used. This has affected residents and business with long-
er daily commutes to work, school, and business which creates a negative
impact on their and their communities lives.  It is unconscionable to
think that infrastructure needs can be so ignored to allow this to
happen. This legislation would require these canal lift bridges to be
maintained if that bridge being closed would impede commerce, transpor-
tation of students, or agriculture.

 
LEGISLATIVE HISTORY:

S. 695 Passed Senate in 2017
S.2658A; Passed Senate in 2015 and 2016

 
FISCAL IMPLICATIONS:

Unknown.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S125 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    125
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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 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
 of  the state under the supervision and direction of the commissioner of
 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.
                                                            LBD02352-01-9

 S. 125                              2
 
 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.
   § 2. This act shall take effect immediately.

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