S T A T E   O F   N E W   Y O R K
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                                  2694

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sens. GALLIVAN, YOUNG -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cultural Affairs,
  Tourism, Parks and Recreation

AN ACT to amend the parks, recreation and historic preservation law,  in
  relation  to  directing  the  office of parks, recreation and historic
  preservation to accept title to  and  ownership  of  the  Portageville
  pedestrian bridge within the Letchworth state park

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The legislature hereby finds that the
Portageville bridge, within the Letchworth state park, which has been in
operation as a freight railroad bridge since it first opened in the year
1875, has played an important role in the cultural and economic develop-
ment of the state; the bridge was superbly designed and constructed; the
bridge is an historic state and national treasure;  that  the  continued
integrity  of  the superstructure is necessary to protect public safety;
that the bridge serves as the only  point  of  unparalleled  beauty  and
scenic  view  of  the Genesee River gorge; and that the bridge should be
available to be accessed and enjoyed by the citizens of the state.
  That preservation of the Portageville pedestrian bridge will  contrib-
ute  substantially  to  the  quality of the lives of each citizen of the
state by preserving it as a natural, ecological, historic, cultural  and
recreational  resource within the state park which is an integral compo-
nent of the state's environment.
  That the deck of the bridge should serve as a  recreational  asset  to
the  people of the state and provide a connection to existing and future
Letchworth state park trails; that the preservation of the  bridge  will
provide  an  alternative  route  for  emergency vehicles in the event of
closure or blockage of the new railroad bridge; that the preservation of
the bridge will contribute to tourism and  economic  development  within
the  region;  and that the preservation of the bridge to be known as the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07142-02-3
              

S. 2694                             2

"Portageville pedestrian bridge" should be established for the  use  and
enjoyment  of  future  New  York  citizens.  Therefore,  the legislature
declares the acquisition and preservation of the Portageville bridge  by
the  state,  which will be known as the "Portageville pedestrian bridge"
to be a public purpose.
  S 2. The parks, recreation and historic preservation law is amended by
adding a new section 19.31 to read as follows:
  S 19.31 ACQUISITION OF PORTAGEVILLE  PEDESTRIAN  BRIDGE.  1.  FOR  THE
PURPOSES  OF  THIS  SECTION,  "PORTAGEVILLE PEDESTRIAN BRIDGE" MEANS THE
PORTAGEVILLE RAILROAD BRIDGE ACROSS THE GENESEE RIVER AT MILEPOST 361.66
OF THE SOUTHERN TIER ROUTE OF NORFOLK SOUTHERN'S MAINLINE ROUTE  BETWEEN
BUFFALO AND BINGHAMTON, AND WITHIN LETCHWORTH STATE PARK IN THE COUNTIES
OF LIVINGSTON AND WYOMING.
  2.  THE  OFFICE  SHALL ACCEPT OWNERSHIP OF THE PORTAGEVILLE PEDESTRIAN
BRIDGE IN THE NAME OF THE STATE AT SUCH TIME AS A NEW  FREIGHT  RAILROAD
BRIDGE IS CONSTRUCTED AND COMPLETED OVER THE GENESEE RIVER WITHIN LETCH-
WORTH STATE PARK. UPON ACCEPTING OWNERSHIP OF THE PORTAGEVILLE PEDESTRI-
AN  BRIDGE,  THE  OFFICE  SHALL  ALSO  ACQUIRE  SUCH  INCIDENTAL  ROADS,
APPROACHES, STRUCTURES AND  FACILITIES  AS  MAY  BE  NECESSARY  FOR  THE
CONSTRUCTION,  OPERATION, MAINTENANCE, REPLACEMENT AND MANAGEMENT OF THE
DECK AND APPROACHES AND STRUCTURES OF THE PORTAGEVILLE PEDESTRIAN BRIDGE
THAT PROVIDE PUBLIC ACCESS FROM SUCH STATE PARK, AND SHALL BE  RESPONSI-
BLE  FOR  MAINTAINING  THE SUPERSTRUCTURE OF THE PORTAGEVILLE PEDESTRIAN
BRIDGE.
  3. THE OFFICE IS AUTHORIZED TO INSTALL AND MAINTAIN PERSONAL  PROPERTY
AND  EQUIPMENT  USED  IN  CONNECTION  WITH  THE  PORTAGEVILLE PEDESTRIAN
BRIDGE.
  4. THE OFFICE SHALL INCLUDE IN ITS ANNUAL BUDGET REQUEST AN AMOUNT FOR
ALL COSTS AND OBLIGATIONS OF  MAINTAINING  THE  PORTAGEVILLE  PEDESTRIAN
BRIDGE FOR PUBLIC ACCESS.
  S 3. This act shall take effect immediately.