S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5081
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 2, 2023
                                ___________
 
 Introduced by M. of A. NORRIS -- read once and referred 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
 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.
                                                            LBD03417-01-3
              

 A. 5081                             2
 
 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.