Bill Text: NY A07904 | 2017-2018 | General Assembly | Amended

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Bill Title: Directs the department of transportation to study and report on the removal and use of "X Lite" guardrails and rail caps.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-02-01 - print number 7904b [A07904 Detail]

Download: New_York-2017-A07904-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         7904--B
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      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:
     1    Section 1. 1. The  department  of  transportation  ("department"),  in
     2  consultation  with  local authorities, is hereby authorized and directed
     3  to conduct a study to identify the usage and  location,  on  all  public
     4  highways  both  on and off the New York state system of highways ("state
     5  system"), of any "X Lite" guardrail and guardrail terminal of  the  type
     6  removed in May, 2017 from the "approved list for materials and equipment
     7  of manufacturers and/or suppliers" maintained by the department, as well
     8  as  any other guardrail or guardrail terminal of a substantially similar
     9  design and/or material as such "X Lite" product, as  determined  by  the
    10  commissioner of transportation.
    11    Such study shall:
    12    (a)  identify  and list each location of such guardrails and guardrail
    13  terminals currently in use on public highways both on and off the  state
    14  system;
    15    (b) determine the estimated cost to the state and local authorities of
    16  both  the  removal and the replacement of each such identified guardrail
    17  and guardrail terminal with a guardrail or guardrail  terminal  approved
    18  by the department; and
    19    (c)  determine  an  estimated  time  period that would be necessary to
    20  remove and replace each such identified guardrail and guardrail terminal
    21  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
     1    The department shall deliver such study to the governor, the temporary
     2  president of the senate, the speaker of the assembly, the chairs of  the
     3  senate  finance committee and the assembly ways and means committee, and
     4  the chairs of the senate and assembly transportation  committees  on  or
     5  before February 1, 2019.
     6    2.  For  the  purposes of this section, the following terms shall have
     7  the following meanings: (a) the term "local authorities" shall have  the
     8  same  meaning  as such term is defined by section 122 of the vehicle and
     9  traffic law; (b) the term "highway" shall have the same meaning as  such
    10  term  is  defined by section 118 of the vehicle and traffic law; and (c)
    11  the term "public highway" shall have the same meaning as  such  term  is
    12  defined by section 134 of the vehicle and traffic law.
    13    § 2. This act shall take effect immediately.