Bill S765-2011

Directs the department of state to provide municipalities with reimbursement for 75% of the costs of making road equipment less likely to rollover

Directs the department of state to provide municipalities with reimbursement for 75% of the costs of making road, construction and excavation equipment less likely to rollover.

Details

Actions

  • Jan 4, 2012: REFERRED TO TRANSPORTATION
  • Jan 5, 2011: REFERRED TO TRANSPORTATION

Memo

BILL NUMBER:S765

TITLE OF BILL:

An act to amend the highway law, in relation to providing state reimbursement for a portion of the expenses of retrofitting municipal construction and road equipment to prevent rollovers

PURPOSE:

This legislation creates a retrofit rebate program for local municipalities to retrofit unprotected construction and/or road equipment to prevent rollovers of such equipment.

SUMMARY OF PROVISIONS:

This legislation creates a retrofit rebate program for local municipalities to retrofit unprotected construction and/or road equipment to prevent rollovers of such equipment. This retrofit rebate program will provide local municipalities with a 75% rebate for purchase and installation expenses to retrofit a piece of construction, excavation and/or road equipment owned by a local government(s) to prevent overturns of such equipment. The Department of State will determine what protective equipment is sufficient/suitable for rollover protection on construction and excavating machinery. The Department will also define what construction and excavating machinery is eligible for funding.

JUSTIFICATION:

This legislation, Charlie's Law, creates a retrofit rebate program which provides local municipalities with a 75% rebate for purchase and installation expenses to retrofit a piece of construction, excavation and/or road equipment owned by a local government(s) to prevent overturns of such equipment. In an unfortunate incident, Charles Hitchcock, Jr. of Knapp Creek was killed in a work-related accident in July 2007 when the rolling compactor he was operating overturned. His death could have been avoided had a roll-bar been installed on his equipment.· According to the Bureau of Labor Statistics of the U.S. Department of Labor, fatal highway construction incidents remained the most frequent type of fatal work-related event, accounting for nearly one out of four fatal work injuries in 2006. This legislative incentive will enable our local governments to keep their construction employees safe and give workers and their families peace of mind while their loved ones are working in the construction industry.

LEGISLATIVE HISTORY:

2009-2010: S.2206 Referred to Transportation 2008: S.7682 Passed Senate

FISCAL IMPLICATIONS:

Undetermined at this time.

EFFECTIVE DATE:

January 1 succeeding enactment into law.


Text

STATE OF NEW YORK ________________________________________________________________________ 765 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the highway law, in relation to providing state reimbursement for a portion of the expenses of retrofitting municipal construction and road equipment to prevent rollovers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The highway law is amended by adding a new section 318 to read as follows: S 318. MUNICIPAL EQUIPMENT ROLLOVER PREVENTION; STATE REIMBURSEMENT. 1. THE DEPARTMENT OF STATE, ACTING BY AND THROUGH ITS DIVISION OF LOCAL GOVERNMENT, SHALL ESTABLISH A PROGRAM WHICH PROVIDES COUNTIES, CITIES, TOWNS AND VILLAGES WITH REIMBURSEMENT FOR SEVENTY-FIVE PERCENT OF THE COSTS AND EXPENSES, INCLUDING PROGRAM AND ADMINISTRATIVE EXPENSES, INCURRED IN THE PURCHASE AND INSTALLATION OF PARTS AND EQUIPMENT WHICH PREVENT THE ROLLOVER OF ANY CONSTRUCTION, EXCAVATION OR ROAD EQUIPMENT OWNED AND OPERATED BY SUCH MUNICIPALITY. 2. THE SECRETARY OF STATE IS AUTHORIZED TO PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION, INCLUDING DETERMINING WHICH CONSTRUCTION, EXCAVATION AND ROAD EQUIPMENT SHALL BE ELIGIBLE FOR REIMBURSEMENT. 3. ONLY EQUIPMENT OWNED AND OPERATED BY A MUNICIPALITY PRIOR TO THE EFFECTIVE DATE OF THIS SECTION SHALL BE ELIGIBLE FOR REIMBURSEMENT PURSUANT TO THIS SECTION. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.

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