Bill S4505A-2013

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

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

Details

Actions

  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Apr 22, 2013: PRINT NUMBER 4505A
  • Apr 22, 2013: AMEND (T) AND RECOMMIT TO TRANSPORTATION
  • Apr 5, 2013: REFERRED TO TRANSPORTATION

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 4505--A 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 -- 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.

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