Assembly Bill A7904A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7904
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 18, 2017
                                ___________
 
 Introduced  by  M. of A. RYAN -- read once and referred to the Committee
   on Transportation
 
 AN ACT to direct the department of transportation to study and report on
   the removal and use of "X Lite" guardrails and rail caps
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  one.  The  department of transportation, in consultation with
 the appropriate municipal government entity responsible for  the  place-
 ment  of  guardrails on municipal roads in each county within the state,
 shall conduct a study to identify the usage and location of any "X Lite"
 guardrail or rail cap which was removed from such department's  approved
 product list in May, 2017, as well as any other guardrail or rail cap of
 similar  design  and/or  materials  as determined by the commissioner of
 transportation.
   The study shall provide the following determinations:
   (a) a review and reporting of the location of such guardrails current-
 ly in use on local roads and highways throughout the state; and
   (b) a determination of the estimated cost of removal  and  replacement
 of  such identified guardrails or rail caps with a guardrail or rail cap
 approved by the department of transportation which is determined  to  be
 appropriate for use in such locality.
   §  2. On or before January 1, 2018, the commissioner of transportation
 shall submit a written report to the governor,  temporary  president  of
 the  senate  and speaker of the assembly of the findings and recommenda-
 tions of the study conducted pursuant to section one of this act  and  a
 draft plan for the removal and replacement of such devices.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11651-01-7


              

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7904--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 18, 2017
                                ___________
 
 Introduced  by  M. of A. RYAN -- read once and referred to the Committee
   on Transportation  --  committee  discharged,  bill  amended,  ordered
   reprinted  as amended and recommitted to said committee -- recommitted
   to the Committee on Transportation in accordance with Assembly Rule 3,
   sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN ACT to direct the department of transportation to study and report on
   the removal and use of "X Lite" guardrails and rail caps
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 1. The  department  of  transportation  ("department"),  in
 consultation  with  local authorities, is hereby authorized and directed
 to conduct a study to identify the usage and  location,  on  all  public
 highways  both  on and off the New York state system of highways ("state
 system"), of any "X Lite" guardrail and guardrail terminal of  the  type
 removed in May, 2017 from the "approved list for materials and equipment
 of manufacturers and/or suppliers" maintained by the department, as well
 as  any other guardrail or guardrail terminal of a substantially similar
 design and/or material as such "X Lite" product, as  determined  by  the
 commissioner of transportation.
   Such study shall:
   (a)  identify  and list each location of such guardrails and guardrail
 terminals currently in use on public highways both on and off the  state
 system;
   (b) determine the estimated cost to the state and local authorities of
 both  the  removal and the replacement of each such identified guardrail
 and guardrail terminal with a guardrail or guardrail  terminal  approved
 by the department; and
   (c)  determine  an  estimated  time  period that would be necessary to
 remove and replace each such identified guardrail and guardrail terminal
 with a guardrail or guardrail terminal approved by the department.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11651-05-8

 A. 7904--B                          2
 
   The department shall deliver such study to the governor, the temporary
 president of the senate, the speaker of the assembly, the chairs of  the
 senate  finance committee and the assembly ways and means committee, and
 the chairs of the senate and assembly transportation  committees  on  or
 before February 1, 2019.
   2.  For  the  purposes of this section, the following terms shall have
 the following meanings: (a) the term "local authorities" shall have  the
 same  meaning  as such term is defined by section 122 of the vehicle and
 traffic law; (b) the term "highway" shall have the same meaning as  such
 term  is  defined by section 118 of the vehicle and traffic law; and (c)
 the term "public highway" shall have the same meaning as  such  term  is
 defined by section 134 of the vehicle and traffic law.
   § 2. This act shall take effect immediately.