senate Bill S4505A

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

See Assembly Version of this Bill:
A6730
Versions:
S4505
S4505A
Legislative Cycle:
2013-2014
Current Committee:
Senate Transportation
Law Section:
Transportation Law
Laws Affected:
Amd ยง70, Transp L

Sponsor Memo

BILL NUMBER:S4505A

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

PURPOSE:

To ensure the department of transportation responds to impacts of
barrier 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
subdivision 4. Subdivision 4 (a) 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 4 (b)
requires 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 4 (c) 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--A

                       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 --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the transportation law, in  relation  to  requiring  the
  commissioner  of  transportation to inspect and maintain barrier walls
  on special parkways

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

  Section 1. Section 70 of the transportation law is amended by adding a
new subdivision 4 to read as follows:
  4. (A) WHEN USED IN THIS SUBDIVISION, UNLESS OTHERWISE EXPRESSLY STAT-
ED, OR UNLESS THE CONTEXT OR SUBJECT MATTER OTHERWISE REQUIRES, THE TERM
"BARRIER  WALL" SHALL MEAN 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.
  (B)  AT  REGULAR  INTERVALS,  BUT  NOT  LESS  THAN TWICE ANNUALLY, THE
COMMISSIONER OR HIS OR HER DESIGNEE, SHALL INSPECT  ALL  BARRIER  WALLS.
SUCH INSPECTION SHALL INCLUDE, AT A MINIMUM, AN EVALUATION OF THE IMPACT
OF THE BARRIER WALL ON FLOODING IN RESIDENTIAL OR COMMERCIAL AREAS ADJA-
CENT TO SUCH BARRIER WALL.
  (C)  AFTER  SUCH INSPECTION, THE COMMISSIONER SHALL TAKE ALL NECESSARY
MEASURES TO MITIGATE THE IMPACT OF THE BARRIER WALL ON FLOODING TO ADJA-
CENT RESIDENTIAL OR COMMERCIAL  AREAS  AND  SHALL  CAUSE  ALL  NECESSARY
REPAIRS  TO  BE  MADE  TO  SUCH  BARRIER WALLS TO MITIGATE SUCH FLOODING
ATTRIBUTABLE IN WHOLE OR IN PART TO SUCH BARRIER WALL.
  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.
                                                           LBD10063-04-3

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