STATE OF NEW YORK
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5220
2011-2012 Regular Sessions
IN SENATE
May 3, 2011
___________
Introduced by Sens. FUSCHILLO, DILAN -- read twice and ordered printed,
and when printed to be committed to the Committee on Transportation
AN ACT to amend the transportation law, the administrative code of the
city of New York, the public authorities law, and chapter 47 of the
laws of 1931, relating to bridges and tunnels in New York and New
Jersey, in relation to work zone safety on bridges
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "bridge work zone safety act".
3 § 2. Section 22 of the transportation law, as added by chapter 223 of
4 the laws of 2005, is amended to read as follows:
5 § 22. Work zone safety and enforcement. 1. The department shall, in
6 cooperation with the superintendent of state police, the commissioner of
7 motor vehicles, the chairman of the New York state thruway authority,
8 local law enforcement agencies and representatives for contractors and
9 laborers, develop and implement rules and regulations for the increased
10 safety of work zones. Such rules and regulations shall include, but
11 shall not be limited to, a police presence at all major active work
12 zones as defined by rules and regulations set forth by the commissioner,
13 the use of radar speed display signs at all major active work zones as
14 defined by this chapter and by rules and regulations set forth by the
15 commissioner, and a system for reviewing work zone safety and design for
16 all work zones under the jurisdiction of the department.
17 2. For the purposes of this section, the term "major active work
18 zone" shall mean where workers are engaged in a stationary operation
19 that exceeds four hours in duration and that are not predominately sepa-
20 rated from traffic by a temporary concrete or other rigid barrier system
21 (a) on a divided controlled access highway having grade separated inter-
22 change connections with intersecting roads and having a normal speed
23 limit of fifty-five miles per hour or greater, or (b) on bridges open to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07750-01-1
S. 5220 2
1 vehicular traffic within the city limits of cities with populations of
2 one million or more.
3 § 3. The administrative code of the city of New York is amended by
4 adding a new section 19-154 to read as follows:
5 § 19-154 Work zone safety at bridges and enforcement. The department
6 shall cooperate with the police department, other relevant city agen-
7 cies, and representatives for contractors and laborers to develop and
8 implement rules and regulations for the increased safety of work zones
9 at bridges open to vehicular traffic, whether maintained by the depart-
10 ment or other agencies, where workers are engaged in a stationary opera-
11 tion that exceeds four hours in duration and are not predominately sepa-
12 rated from traffic by a temporary concrete or other rigid barrier
13 system. To the extent practicable given available resources, such rules
14 and regulations shall include, but shall not be limited to, a police
15 presence at such bridges, the use of radar speed display signs at such
16 bridges, and a system for reviewing work zone safety and design at such
17 bridges under the jurisdiction of the department or any other city agen-
18 cy.
19 § 4. The public authorities law is amended by adding a new section
20 553-j to read as follows:
21 § 553-j. Work zone safety at bridges and enforcement. The authority
22 shall cooperate with other relevant government agencies and represen-
23 tatives for contractors and laborers to develop and implement rules and
24 regulations for the increased safety of work zones at bridges it oper-
25 ates which are open to vehicular traffic where workers are engaged in a
26 stationary operation that exceeds four hours in duration and are not
27 predominately separated from traffic by a temporary concrete or other
28 rigid barrier system. To the extent practicable given available
29 resources, such rules and regulations shall include, but shall not be
30 limited to, a police presence at such bridges, the use of radar speed
31 display signs at such bridges, and a system for reviewing work zone
32 safety and design at such bridges under the jurisdiction of the authori-
33 ty.
34 § 5. Chapter 47 of the laws of 1931 relating to bridges and tunnels in
35 New York and New Jersey is amended by adding a new section 1-a to read
36 as follows:
37 § 1-a. The port authority shall cooperate with other relevant govern-
38 ment agencies and representatives for contractors and laborers to devel-
39 op and implement rules and regulations for the increased safety of work
40 zones at bridges operated by the port authority which are open to vehic-
41 ular traffic, where workers are engaged in a stationary operation that
42 exceeds four hours in duration and are not predominately separated from
43 traffic by a temporary concrete or other rigid barrier system. To the
44 extent practicable given available resources, such rules and regulations
45 shall include, but shall not be limited to, a police presence at such
46 bridges, the use of radar speed display signs at such bridges, and a
47 system for reviewing work zone safety and design at such bridges under
48 the jurisdiction of the port authority.
49 § 6. This act shall take effect on the ninetieth day after it shall
50 have become a law; provided, however, that section five of this act
51 shall take effect upon the enactment into law by the state of New Jersey
52 of legislation having an identical effect with section five of this act;
53 provided that the state of New Jersey shall notify the legislative bill
54 drafting commission upon the occurrence of the enactment of the legis-
55 lation provided for in section five of this act in order that the
56 commission may maintain an accurate and timely effective data base of
S. 5220 3
1 the official text of the laws of the state of New York in furtherance of
2 effectuating the provisions of section 44 of the legislative law and
3 section 70-b of the public officers law.
