S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
April 5, 2013
Introduced by Sen. LATIMER -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the transportation law, in relation to requiring the
commissioner of transportation to inspect and maintain barrier walls
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The transportation law is amended by adding a new section
14-n to read as follows:
S 14-N. BARRIER WALLS; INSPECTION AND MAINTENANCE. 1. WHEN USED IN
THIS SECTION, UNLESS OTHERWISE EXPRESSLY STATED, OR UNLESS THE CONTEXT
OR SUBJECT MATTER OTHERWISE REQUIRES, THE TERM "BARRIER WALL" SHALL MEAN
AN EXTERIOR, NON-POROUS STRUCTURE, ERECTED FOR THE PURPOSE OF NOISE
REDUCTION ALONG ROADWAYS AND/OR THE PREVENTION OF ROADWAY FLOODING.
2. AT REGULAR INTERVALS, AT LEAST TWICE ANNUALLY, THE COMMISSIONER OR
HIS OR HER DESIGNEE, SHALL INSPECT ALL BARRIER WALLS ERECTED BY THE
DEPARTMENT PURSUANT TO THIS CHAPTER. SUCH INSPECTION SHALL INCLUDE, AT A
MINIMUM, AN ANALYTICAL EVALUATION OF THE IMPACT OF SIGNIFICANT FLOODING
TO SURROUNDING RESIDENTIAL AND COMMERCIAL AREAS.
3. AFTER SUCH INSPECTION, THE COMMISSIONER SHALL TAKE ALL NECESSARY
MEASURES TO MITIGATE THE IMPACT OF SIGNIFICANT FLOODING TO SURROUNDING
RESIDENTIAL AND COMMERCIAL AREAS AND SHALL CAUSE ALL NECESSARY REPAIRS
TO BE MADE TO SUCH BARRIER WALLS TO AVOID FURTHER DAMAGE.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law, provided, however, that the commissioner of transpor-
tation is authorized and directed to promulgate any rules and regu-
lations necessary to implement the provisions of this act on or before
such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.