S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4505--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     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:
    1    Section 1. Section 70 of the transportation law is amended by adding a
    2  new subdivision 4 to read as follows:
    3    4. (A) WHEN USED IN THIS SUBDIVISION, UNLESS OTHERWISE EXPRESSLY STAT-
    4  ED, OR UNLESS THE CONTEXT OR SUBJECT MATTER OTHERWISE REQUIRES, THE TERM
    5  "BARRIER  WALL" SHALL MEAN AN EXTERIOR, NON-POROUS STRUCTURE, ERECTED OR
    6  OWNED BY THE STATE, ADJACENT TO A SPECIAL PARKWAY WHICH  WAS  BUILT  FOR
    7  THE PURPOSE OF NOISE REDUCTION AND/OR THE PREVENTION OF FLOODING.
    8    (B)  AT  REGULAR  INTERVALS,  BUT  NOT  LESS  THAN TWICE ANNUALLY, THE
    9  COMMISSIONER OR HIS OR HER DESIGNEE, SHALL INSPECT  ALL  BARRIER  WALLS.
   10  SUCH INSPECTION SHALL INCLUDE, AT A MINIMUM, AN EVALUATION OF THE IMPACT
   11  OF THE BARRIER WALL ON FLOODING IN RESIDENTIAL OR COMMERCIAL AREAS ADJA-
   12  CENT TO SUCH BARRIER WALL.
   13    (C)  AFTER  SUCH INSPECTION, THE COMMISSIONER SHALL TAKE ALL NECESSARY
   14  MEASURES TO MITIGATE THE IMPACT OF THE BARRIER WALL ON FLOODING TO ADJA-
   15  CENT RESIDENTIAL OR COMMERCIAL  AREAS  AND  SHALL  CAUSE  ALL  NECESSARY
   16  REPAIRS  TO  BE  MADE  TO  SUCH  BARRIER WALLS TO MITIGATE SUCH FLOODING
   17  ATTRIBUTABLE IN WHOLE OR IN PART TO SUCH BARRIER WALL.
   18    S 2. This act shall take effect on the ninetieth day  after  it  shall
   19  have become a law, provided, however, that the commissioner of transpor-
   20  tation  is  authorized  and  directed  to promulgate any rules and regu-
   21  lations necessary to implement the provisions of this act on  or  before
   22  such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10063-04-3