Bill Text: NY A09248 | 2023-2024 | General Assembly | Amended


Bill Title: Requires the installation of climb deterrent fencing on all bridges under the jurisdiction of the New York State Bridge Authority.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-05-28 - print number 9248a [A09248 Detail]

Download: New_York-2023-A09248-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         9248--A

                   IN ASSEMBLY

                                    February 22, 2024
                                       ___________

        Introduced  by M. of A. GUNTHER, EACHUS -- read once and referred to the
          Committee on Transportation --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN  ACT  to amend the transportation law and the public authorities law,
          in relation to requiring the installation of climb  deterrent  fencing
          on certain bridges

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 14 of the transportation law is amended by adding a
     2  new subdivision 16-a to read as follows:
     3    16-a. The commissioner shall ensure that climb  deterrent  fencing  is
     4  installed  on  all  bridges under the jurisdiction of the New York State
     5  Bridge Authority.  For purposes of this section, "climb deterrent  fenc-
     6  ing" shall mean fencing designed for deterrence of climbing and prevent-
     7  ing grip and footholds, equipped with certain features including but not
     8  limited  to  welded  wire  mesh  panels, tightly spaced wires, and spike
     9  collars.
    10    § 2.  Section 530 of the public authorities law, as amended by chapter
    11  420 of the laws of 1968, is amended to read as follows:
    12    § 530. Construction  contracts.  The  authority  shall  construct  the
    13  bridges  pursuant  to  a  contract  or  contracts.   The authority shall
    14  construct the bridges pursuant to a contract or contracts. The authority
    15  shall  install  climb  deterrent  fencing  as  defined  in   subdivision
    16  sixteen-a  of  section fourteen of the transportation law on all bridges
    17  under its jurisdiction. Such contracts shall be  let  under  the  super-
    18  vision of the commissioner and shall be subject to [his] the approval of
    19  such  commissioner.  Such contracts shall be let by the authority in the
    20  manner, so far as practicable, provided in section thirty-eight  of  the
    21  highway  law,  but failure to comply with such section shall not invali-
    22  date such contracts. Requisitions for the payments to be  made  pursuant
    23  to  such contracts shall be approved by the commissioner. The work under
    24  such contracts shall be subject to the supervision and approval  of  the
    25  commissioner.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07116-03-4

        A. 9248--A                          2

     1    § 3. This act shall take effect three years after it shall have become
     2  a  law  and  shall  apply  to construction contracts entered into on and
     3  after such effective date. Effective immediately, the  addition,  amend-
     4  ment and/or repeal of any rule or regulation necessary for the implemen-
     5  tation  of  this act on its effective date are authorized to be made and
     6  completed on or before such effective date.
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