Senate Bill S5220

2011-2012 Legislative Session

Relates to the bridge work zone safety act

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to transportation
May 03, 2011	referred to transportation

co-Sponsors

2011-S5220 (ACTIVE) - Details

See Assembly Version of this Bill:: A2454
Current Committee:: Senate Transportation
Law Section:: Transportation Law
Laws Affected:: Amd §22, Transp L; add §19-154, NYC Ad Cd; add §553-j, Pub Auth L; add §1-a, Chap 47 of 1931

2011-S5220 (ACTIVE) - Summary

Relates to work zone safety on bridges.

2011-S5220 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5220

TITLE OF BILL:
An act
to amend the transportation law,
the administrative code of the city of New York, the public authorities
law, and chapter 47 of the laws of 1931, relating to bridges and
tunnels in
New York and New Jersey, in relation to work zone safety on bridges

PURPOSE:
To expand the work zone safety act of 2005 to protect workers on
bridges in New York City

SUMMARY OF PROVISIONS:
Section 1 titles the bill the "bridge work zone safety act."

Section 2 of the bill amends section 22 of the transportation law by
expanding the definition of "major active work zone" to work
conducted on bridges in cities of one million or more.

Section 3 of the bill amends the administrative code of the City of
New York by adding a new section 19-154 which authorizes New York
City to develop and implement rules and regulations for increased
safety in work zones on bridges. Such rules include having a police
presence, to the extent practicable, in all major active work zones

on bridges, the use of radar speed display signs in all major active
work zones on bridges, and a system for reviewing work zone safety
and design.

Section 4 of the bill amends the public authorities' law by adding a
new section 553-j which authorizes the Metropolitan Transit Authority
(MTA) to develop and implement rules and regulations for increased
safety in work zones on bridges run by the MTA. Such rules include
having a police presence, to the extent practicable, in all major
active work zones on bridges, the use of radar speed display signs in
all major active work zones on bridges, and a system for reviewing
work zone safety and design.

Section 5 of the bill amends Chapter 47 of the laws of 1931 relating
to bridges and tunnels in New York and New Jersey by adding a new
section 1-a which authorizes the Port Authority of New York and New
Jersey to develop and implement rules and regulations for increased
safety in work zones on bridges run by the Port Authority. Such rules
include having a police presence, to the extent practicable, in all
major active work zones on bridges, the use of radar speed display
signs in all major active work zones on bridges, and a system for
reviewing work zone safety and design.

Section 6 of the bill states that the act shall take effect
immediately, provided that Section 5 of the bill shall take effect
upon enactment of identical language of Section 5 by New Jersey.

EXISTING LAW:
Existing law does not explicitly cover bridges


JUSTIFICATION:
Driving at an unsafe speed is the most common contributing factor in
highway fatalities. According to the National Highway Traffic Safety
Administration (NETSA), of the over 42,000 traffic fatalities that
occur every year, more than 1,200 occur in work zones. The Federal
Highway Administration (FHWA) reports there is one work zone fatality
every 8.2 hours, and one injury every nine minutes. Between 2008 and
2009, there were twelve deaths in work zones in New York State.

In the past five years, New York State has strived to minimize
accidents in work zones. The Work Zone Safety Act of 2005 increased
police presence in work zones. The Act, however, only included roads
with speed limits over 55 miles per hour, which excludes New York
City bridges. This bill would allow for improved safety for road
maintenance workers and passerby on bridges.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS:
By its terms, the legislation requires action only to "the extent
practicable, given available resources."

EFFECTIVE DATE: 90 days after enactment

2011-S5220 (ACTIVE) - Bill Text download pdf

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

                                  5220

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by Sens. FUSCHILLO, DILAN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation

AN ACT to amend the transportation law, the administrative code  of  the
  city  of  New  York, the public authorities law, and chapter 47 of the
  laws of 1931, relating to bridges and tunnels  in  New  York  and  New
  Jersey, in relation to work zone safety on bridges

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "bridge work zone safety act".
  S  2. Section 22 of the transportation law, as added by chapter 223 of
the laws of 2005, is amended to read as follows:
  S 22. Work zone safety and enforcement. 1. The  department  shall,  in
cooperation with the superintendent of state police, the commissioner of
motor  vehicles,  the  chairman of the New York state thruway authority,
local law enforcement agencies and representatives for  contractors  and
laborers,  develop and implement rules and regulations for the increased
safety of work zones. Such rules  and  regulations  shall  include,  but
shall  not  be  limited  to,  a police presence at all major active work
zones as defined by rules and regulations set forth by the commissioner,
the use of radar speed display signs at all major active work  zones  as
defined  by  THIS  CHAPTER AND BY rules and regulations set forth by the
commissioner, and a system for reviewing work zone safety and design for
all work zones under the jurisdiction of the department.
  2.  FOR THE PURPOSES OF THIS SECTION,  THE  TERM  "MAJOR  ACTIVE  WORK
ZONE"  SHALL  MEAN  WHERE  WORKERS ARE ENGAGED IN A STATIONARY OPERATION
THAT EXCEEDS FOUR HOURS IN DURATION AND THAT ARE NOT PREDOMINATELY SEPA-
RATED FROM TRAFFIC BY A TEMPORARY CONCRETE OR OTHER RIGID BARRIER SYSTEM
(A) ON A DIVIDED CONTROLLED ACCESS HIGHWAY HAVING GRADE SEPARATED INTER-
CHANGE CONNECTIONS WITH INTERSECTING ROADS AND  HAVING  A  NORMAL  SPEED
LIMIT OF FIFTY-FIVE MILES PER HOUR OR GREATER, OR (B) ON BRIDGES OPEN TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07750-01-1

S. 5220                             2

VEHICULAR  TRAFFIC  WITHIN THE CITY LIMITS OF CITIES WITH POPULATIONS OF
ONE MILLION OR MORE.
  S  3.  The  administrative  code of the city of New York is amended by
adding a new section 19-154 to read as follows:
  S 19-154 WORK ZONE SAFETY AT BRIDGES AND ENFORCEMENT.  THE  DEPARTMENT
SHALL  COOPERATE  WITH  THE POLICE DEPARTMENT, OTHER RELEVANT CITY AGEN-
CIES, AND REPRESENTATIVES FOR CONTRACTORS AND LABORERS  TO  DEVELOP  AND
IMPLEMENT  RULES  AND REGULATIONS FOR THE INCREASED SAFETY OF WORK ZONES
AT BRIDGES OPEN TO VEHICULAR TRAFFIC, WHETHER MAINTAINED BY THE  DEPART-
MENT OR OTHER AGENCIES, WHERE WORKERS ARE ENGAGED IN A STATIONARY OPERA-
TION THAT EXCEEDS FOUR HOURS IN DURATION AND ARE NOT PREDOMINATELY SEPA-
RATED  FROM  TRAFFIC  BY  A  TEMPORARY  CONCRETE  OR OTHER RIGID BARRIER
SYSTEM. TO THE EXTENT PRACTICABLE GIVEN AVAILABLE RESOURCES, SUCH  RULES
AND  REGULATIONS  SHALL  INCLUDE,  BUT SHALL NOT BE LIMITED TO, A POLICE
PRESENCE AT SUCH BRIDGES, THE USE OF RADAR SPEED DISPLAY SIGNS  AT  SUCH
BRIDGES,  AND A SYSTEM FOR REVIEWING WORK ZONE SAFETY AND DESIGN AT SUCH
BRIDGES UNDER THE JURISDICTION OF THE DEPARTMENT OR ANY OTHER CITY AGEN-
CY.
  S 4. The public authorities law is amended by  adding  a  new  section
553-j to read as follows:
  S  553-J.  WORK  ZONE SAFETY AT BRIDGES AND ENFORCEMENT. THE AUTHORITY
SHALL COOPERATE WITH OTHER RELEVANT GOVERNMENT  AGENCIES  AND  REPRESEN-
TATIVES  FOR CONTRACTORS AND LABORERS TO DEVELOP AND IMPLEMENT RULES AND
REGULATIONS FOR THE INCREASED SAFETY OF WORK ZONES AT BRIDGES  IT  OPER-
ATES  WHICH ARE OPEN TO VEHICULAR TRAFFIC WHERE WORKERS ARE ENGAGED IN A
STATIONARY OPERATION THAT EXCEEDS FOUR HOURS IN  DURATION  AND  ARE  NOT
PREDOMINATELY  SEPARATED  FROM  TRAFFIC BY A TEMPORARY CONCRETE OR OTHER
RIGID BARRIER  SYSTEM.    TO  THE  EXTENT  PRACTICABLE  GIVEN  AVAILABLE
RESOURCES,  SUCH  RULES  AND REGULATIONS SHALL INCLUDE, BUT SHALL NOT BE
LIMITED TO, A POLICE PRESENCE AT SUCH BRIDGES, THE USE  OF  RADAR  SPEED
DISPLAY  SIGNS  AT  SUCH  BRIDGES,  AND A SYSTEM FOR REVIEWING WORK ZONE
SAFETY AND DESIGN AT SUCH BRIDGES UNDER THE JURISDICTION OF THE AUTHORI-
TY.
  S 5. Chapter 47 of the laws of 1931 relating to bridges and tunnels in
New York and New Jersey is amended by adding a new section 1-a  to  read
as follows:
  S  1-A. THE PORT AUTHORITY SHALL COOPERATE WITH OTHER RELEVANT GOVERN-
MENT AGENCIES AND REPRESENTATIVES FOR CONTRACTORS AND LABORERS TO DEVEL-
OP AND IMPLEMENT RULES AND REGULATIONS FOR THE INCREASED SAFETY OF  WORK
ZONES AT BRIDGES OPERATED BY THE PORT AUTHORITY WHICH ARE OPEN TO VEHIC-
ULAR  TRAFFIC,  WHERE WORKERS ARE ENGAGED IN A STATIONARY OPERATION THAT
EXCEEDS FOUR HOURS IN DURATION AND ARE NOT PREDOMINATELY SEPARATED  FROM
TRAFFIC  BY  A  TEMPORARY CONCRETE OR OTHER RIGID BARRIER SYSTEM. TO THE
EXTENT PRACTICABLE GIVEN AVAILABLE RESOURCES, SUCH RULES AND REGULATIONS
SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, A POLICE  PRESENCE  AT  SUCH
BRIDGES,  THE  USE  OF  RADAR SPEED DISPLAY SIGNS AT SUCH BRIDGES, AND A
SYSTEM FOR REVIEWING WORK ZONE SAFETY AND DESIGN AT SUCH  BRIDGES  UNDER
THE JURISDICTION OF THE PORT AUTHORITY.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  section  five  of  this  act
shall take effect upon the enactment into law by the state of New Jersey
of legislation having an identical effect with section five of this act;
provided  that the state of New Jersey shall notify the legislative bill
drafting commission upon the occurrence of the enactment of  the  legis-
lation  provided  for  in  section  five  of  this act in order that the
commission may maintain an accurate and timely effective  data  base  of

S. 5220                             3

the official text of the laws of the state of New York in furtherance of
effectuating  the  provisions  of  section 44 of the legislative law and
section 70-b of the public officers law.

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Senate Bill S5220

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

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co-Sponsors

2011-S5220 (ACTIVE) - Details

2011-S5220 (ACTIVE) - Summary

2011-S5220 (ACTIVE) - Sponsor Memo

2011-S5220 (ACTIVE) - Bill Text download pdf

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Sponsored By

Charles J. Fuschillo Jr.

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

co-Sponsors

Martin Malavé Dilan

2011-S5220 (ACTIVE) - Details

2011-S5220 (ACTIVE) - Summary

2011-S5220 (ACTIVE) - Sponsor Memo

2011-S5220 (ACTIVE) - Bill Text download pdf

Comments