Requires the commissioner of transportation to inspect and maintain barrier walls on special parkways.
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.
STATE OF NEW YORK ________________________________________________________________________ 4505 2013-2014 Regular Sessions IN SENATE 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