senate Bill S2694

Directs the office of parks, recreation and historic preservation to accept title to the Portageville railroad bridge

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 23 / Jan / 2013
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 08 / Jan / 2014
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

Summary

Directs the office of parks, recreation and historic preservation to accept title to the Portageville railroad bridge and convert such bridge into a pedestrian bridge.

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Bill Details

Versions:
S2694
Legislative Cycle:
2013-2014
Current Committee:
Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Add ยง19.31, Pks & Rec L
Versions Introduced in 2011-2012 Legislative Cycle:
S7699

Sponsor Memo

BILL NUMBER:S2694

TITLE OF BILL: An act to amend the parks, recreation and historic pres-
ervation law, in relation to directing the office of parks, recreation
and historic preservation to accept title to and ownership of the
Portageville pedestrian bridge within the Letchworth state park

PURPOSE OR GENERAL IDEA OF BILL: Directs the office of parks, recre-
ation, and historic preservation to accept title to the Portageville
railroad bridge.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 details legislative findings that the Portageville bridge is
an historic state and national treasure. It also finds that preservation
of the Portageville pedestrian bridge will contribute substantially to
the quality of lives of the citizens of New York, as it will provide a
natural, ecological, historic, cultural and recreational resource. Addi-
tionally, it will serve as an alternative route for emergency vehicles
in the event of closure or blockage of the new railroad bridge.

Section 2 adds a new section to the parks, recreation and historic pres-
ervation law that establishes the boundaries of the Portageville pedes-
trian bridge and charges the office to accept ownership of the bridge in
the name of New York State when a new freight railroad bridge is
completed over the Genesee River within Letchworth state park.

Section 3 provides that the effective date shall be immediately.

JUSTIFICATION: The Portageville bridge is located in Letchworth State
Park in Livingston and Wyoming counties. At 133 years old, this bridge
plays a significant historical role in New York State and is listed on
the National Register of Historic places.

As it can no longer support the current industry standard rail loads,
the Norfolk Southern Corporation has been working with state and federal
officials to build a new bridge. The best plan for the future of the
original Portageville bridge would be to maintain it as a pedestrian
bridge, similar to the Walkway Over the Hudson.

Preserving the Portageville bridge through the Office of Parks, Recre-
ation, and Historic Preservation would ensure that this gem of the
Northeast is maintained as the cultural and historic landmark that it
is. It would also allow the pedestrian bridge to be used as a popular
tourist destination, thereby enhancing the economy of not only Western
New York, but the entire state.

PRIOR LEGISLATIVE HISTORY: S.7699 of 2012

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2694

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sens. GALLIVAN, YOUNG -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cultural Affairs,
  Tourism, Parks and Recreation

AN ACT to amend the parks, recreation and historic preservation law,  in
  relation  to  directing  the  office of parks, recreation and historic
  preservation to accept title to  and  ownership  of  the  Portageville
  pedestrian bridge within the Letchworth state park

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The legislature hereby finds that the
Portageville bridge, within the Letchworth state park, which has been in
operation as a freight railroad bridge since it first opened in the year
1875, has played an important role in the cultural and economic develop-
ment of the state; the bridge was superbly designed and constructed; the
bridge is an historic state and national treasure;  that  the  continued
integrity  of  the superstructure is necessary to protect public safety;
that the bridge serves as the only  point  of  unparalleled  beauty  and
scenic  view  of  the Genesee River gorge; and that the bridge should be
available to be accessed and enjoyed by the citizens of the state.
  That preservation of the Portageville pedestrian bridge will  contrib-
ute  substantially  to  the  quality of the lives of each citizen of the
state by preserving it as a natural, ecological, historic, cultural  and
recreational  resource within the state park which is an integral compo-
nent of the state's environment.
  That the deck of the bridge should serve as a  recreational  asset  to
the  people of the state and provide a connection to existing and future
Letchworth state park trails; that the preservation of the  bridge  will
provide  an  alternative  route  for  emergency vehicles in the event of
closure or blockage of the new railroad bridge; that the preservation of
the bridge will contribute to tourism and  economic  development  within
the  region;  and that the preservation of the bridge to be known as the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07142-02-3

S. 2694                             2

"Portageville pedestrian bridge" should be established for the  use  and
enjoyment  of  future  New  York  citizens.  Therefore,  the legislature
declares the acquisition and preservation of the Portageville bridge  by
the  state,  which will be known as the "Portageville pedestrian bridge"
to be a public purpose.
  S 2. The parks, recreation and historic preservation law is amended by
adding a new section 19.31 to read as follows:
  S 19.31 ACQUISITION OF PORTAGEVILLE  PEDESTRIAN  BRIDGE.  1.  FOR  THE
PURPOSES  OF  THIS  SECTION,  "PORTAGEVILLE PEDESTRIAN BRIDGE" MEANS THE
PORTAGEVILLE RAILROAD BRIDGE ACROSS THE GENESEE RIVER AT MILEPOST 361.66
OF THE SOUTHERN TIER ROUTE OF NORFOLK SOUTHERN'S MAINLINE ROUTE  BETWEEN
BUFFALO AND BINGHAMTON, AND WITHIN LETCHWORTH STATE PARK IN THE COUNTIES
OF LIVINGSTON AND WYOMING.
  2.  THE  OFFICE  SHALL ACCEPT OWNERSHIP OF THE PORTAGEVILLE PEDESTRIAN
BRIDGE IN THE NAME OF THE STATE AT SUCH TIME AS A NEW  FREIGHT  RAILROAD
BRIDGE IS CONSTRUCTED AND COMPLETED OVER THE GENESEE RIVER WITHIN LETCH-
WORTH STATE PARK. UPON ACCEPTING OWNERSHIP OF THE PORTAGEVILLE PEDESTRI-
AN  BRIDGE,  THE  OFFICE  SHALL  ALSO  ACQUIRE  SUCH  INCIDENTAL  ROADS,
APPROACHES, STRUCTURES AND  FACILITIES  AS  MAY  BE  NECESSARY  FOR  THE
CONSTRUCTION,  OPERATION, MAINTENANCE, REPLACEMENT AND MANAGEMENT OF THE
DECK AND APPROACHES AND STRUCTURES OF THE PORTAGEVILLE PEDESTRIAN BRIDGE
THAT PROVIDE PUBLIC ACCESS FROM SUCH STATE PARK, AND SHALL BE  RESPONSI-
BLE  FOR  MAINTAINING  THE SUPERSTRUCTURE OF THE PORTAGEVILLE PEDESTRIAN
BRIDGE.
  3. THE OFFICE IS AUTHORIZED TO INSTALL AND MAINTAIN PERSONAL  PROPERTY
AND  EQUIPMENT  USED  IN  CONNECTION  WITH  THE  PORTAGEVILLE PEDESTRIAN
BRIDGE.
  4. THE OFFICE SHALL INCLUDE IN ITS ANNUAL BUDGET REQUEST AN AMOUNT FOR
ALL COSTS AND OBLIGATIONS OF  MAINTAINING  THE  PORTAGEVILLE  PEDESTRIAN
BRIDGE FOR PUBLIC ACCESS.
  S 3. This act shall take effect immediately.

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