senate Bill S4505

Amended

Requires the commissioner of transportation to inspect and maintain barrier walls on special parkways

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Sponsor

Bill Status


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

  • 05 / Apr / 2013
    • REFERRED TO TRANSPORTATION
  • 22 / Apr / 2013
    • AMEND (T) AND RECOMMIT TO TRANSPORTATION
  • 22 / Apr / 2013
    • PRINT NUMBER 4505A
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION

Summary

Requires the commissioner of transportation to inspect and maintain barrier walls on special parkways.

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Bill Details

Versions:
S4505
S4505A
Legislative Cycle:
2013-2014
Current Committee:
Senate Transportation
Law Section:
Transportation Law
Laws Affected:
Add ยง14-n, Transp L

Sponsor Memo

BILL NUMBER:S4505

TITLE OF BILL: An act to amend the transportation law, in relation to
requiring the commissioner of transportation to inspect and maintain
barrier walls

PURPOSE: To ensure the department of transportation responds to
impacts of bather walls along special parkways on flooding of
residential and commercial properties.

SUMMARY OF PROVISIONS: Section 1 amends Section 70 of the
transportation law by adding a new subsection 14-a. Subdivision 1
defines a "barrier wall" as an exterior, non-porous structure, erected
or owned by the state, adjacent to a special parkway which was built
for the purpose of noise reduction and/or the prevention of flooding.
Subdivision 2 that at regular intervals, but not less than twice
annually, the commissioner or his or her designee shall inspect all
barrier walls, including an evaluation of the impact of the barrier
walls on flooding in residential and commercial properties adjacent to
the barrier wall. Subdivision 3 requires that after inspection, the
commissioner shall take all necessary measures to mitigate the impact
of the barrier wall on flooding in the adjacent residential and
commercial areas attributable to the barrier wall.

Section 2 establishes the effective date of the law and provides that
the commissioner is authorized and directed to promulgate any rules
and regulations necessary for implementation.

JUSTIFICATION: In some locations, like along the Sprain Brook Parkway
in Yonkers, barrier walls erected by New York State have contributed
to the flooding of residential and commercial properties adjacent to
these walls. This bill will ensure the department of transportation
responds to the impact of these structures on residential and
commercial properties along special parkways and takes affirmative
steps to mitigate flooding attributable to the walls.

LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: To be determined

LOCAL FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: Ninetieth days after passage, provided that the
commissioner is authorized and directed to promulgate any rules and
regulations necessary for implementation.

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

                                  4505

                       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.
                                                           LBD10063-03-3

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