NY State Senate Bill 2023-S9362

Senate Bill S9362

2023-2024 Legislative Session

Directs the Department of Transportation to conduct a study of bridges spanning bodies of water connected to deep water ports in the state

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Current Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 14, 2024	referred to transportation

2023-S9362 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Transportation

2023-S9362 (ACTIVE) - Summary

Directs the Department of Transportation to conduct a study of certain bridges spanning bodies of water connected to deep water ports in the state to determine whether such bridges have the structural integrity to withstand an impact from large vessels such as cargo ships, oil tankers and cruise ships; requires a report and recommendations; provides for the repeal of such provisions upon the expiration thereof.

2023-S9362 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9362

SPONSOR: COONEY
 
TITLE OF BILL:

An act directing the Department of Transportation to conduct a study of
certain bridges spanning bodies of water connected to deep water ports
in the state to determine whether such bridges have the structural
integrity to withstand an impact from a large vessel; and providing for
the repeal of such provisions upon the expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To examine the structural integrity of bridges in New York STate to
withstand the impact from large ships and make recommendations to issues
discovered.

 
SUMMARY OF PROVISIONS:

Section 1 sets forth the legislative intent and findings for the study.

Section 2 directs the New York State Department of Transportation, in

conjunction with the New York State Bridge Authority, the MTA, the Port
Authority of New York and New Jersey, and the Buffalo and Fort Erie
Public Bridge Authority, to conduct a study to determine the ability of
certain bridges in the state to withstand an impact to the support
structures of the bridges from large ships, including but not limited
to:

*Cargo vessels,

*Oil tankers, and

*Passenger ships

Upon the conclusion of the study, the Commissioner of the Department of
Transportation shall prepare and issue a comprehensive report of the
study findings and recommendations for improvements to each bridge, if
any.

Subsection 2 of Section 2 contains the lists of the bridges to be
included in the study, which are but not limited to:

a) Bronx-Whitestone Bridge; and

b) Cross Bay Veterans Memorial Bridge;

c) Henry Hudson Bridge;

d) Marine Parkway-Gil Hodges Memorial Bridge;

e) Robert F. Kennedy Bridge;

f) Throgs Neck Bridge;

g) Verrazzano-Narrows Bridge;

h) Governor Mario M. Cuomo Bridge;

i) Bear Mountain Bridge;

j) Newburgh-Beacon Bridge;

k) Mid-Hudson Bridge; 1) Kingston-Rhinecliff Bridge;

m) Rip Van Winkle Bridge;

n) George Washington Bridge;

o) Bayonne Bridge;

p) Goethals Bridge;

q) Outerbridge Crossing Bridge;

r) Alfred H. Smith Memorial Bridge;

s) Castleton Bridge;

t) Dunn Memorial Bridge;

u) Patroon Island Bridge;

v) Peace Bridge;

w) Walkway over the Hudson Pedestrian Bridge; and

x) Any bridge under the control of a New York entity spanning a water
shipping route through Lake Erie or Lake Ontario utilized by large cargo
vessels or oil tankers to access commercial shipping ports in the
Niagara or Rochester areas of the State.

y) any other bridge the Commissioner of the Department of Transportation
deems necessary.

For each bridge, the study shall include:

a) Age of the bridge;

b) Amount of traffic traveling on top of and through the waters below
the bridge;

c) Current condition of the bridge;

d) Any known or newly discovered chronic issue or problem with the
bridge;

e) Type, size, and construction of the support structures of the bridge;
0 Type, size, and construction of any barriers surrounding the base of
the support structures and the water channels occupied by the vessels;

g) Width between the support structures of the bridge;

h) Height of the bridge;

i) Topography near the bridge, including sand bars, shallows, cliffs,
etc..;
j) The area a vessel may safely access during a maneuver to avoid the
bridge in the event of a loss of power or propulsion or other emergency;
and

k) Any other matters the Commissioner deems necessary.

The report shall be submitted to the Governor, Speaker of the Assembly,
and Temporary President of the Senate no later than January 1, 2026.

The Commissioner shall submit with this report such legislative
proposals as deemed necessary to implement the recommendations of the
study.

The report shall also be published on the website of the Department of
Transportation no later than one month after it is completed.

 
JUSTIFICATION:

Anyone watching the Francis Scott Key bridge in Baltimore collapse so
easily after being hit by a cargo ship had to wonder, "What about our
bridges? Are they safe from a wayward cargo ship or tanker? What would
be the loss of life and the impact on our economy? What would it cost to
replace the bridge?"

That bridge, which carried Interstate 695, collapsed like a house of
cards. Were it not for the quick actions of the ship's crew in communi-
cating what had happened, and the swift response of emergency operators
and bridge authorities in closing the bridge, many more people would
have died.

Tragically enough, six individuals working on the bridge died. If the
collision had occurred during rush hour, rather than at 1:30 in the
morning, much more traffic and many more people would have been on the
bridge, resulting in a greater tragedy.

1-695 is one of three crossings through and around Baltimore heading
north/south and to the east coast. The Key Bridge carried approximately
12 million vehicles a year - about 33,000 vehicles per day. With its
collapse, the inner loop of 1-695 is closed and drivers must take the
195 or 1-895 tunnels for these routes.

The Port of Baltimore is still not operational, costing approximately
$15 million per day in lost economic activity, including $1.5 million
each day in state and local taxes.

Repairing the Key Bridge will cost an estimated $4 billion and take
several years.

In my district in the Hudson Valley, the Newburgh-Beacon Bridge, which
crosses the Hudson River and carries 1-84, goes east/west and connects
the northeast to the rest of country. 1-84 is a major commercial and
passenger route that connects with the New York State Thruway (1-87)
less than 5 miles from the Newburgh-Beacon Bridge. It averages more than
65,000 vehicles per day. The economic impact to the local, state and
national economy would be huge.

The George Washington Bridge carries more than 300,000 vehicles per day.
The loss of life and damage to the economy of the greater New York City
metropolitan area would be immeasurable if this bridge collapsed. The
same can be said of all the bridges proposed for review in this bill.

This bill would require New York State to be proactive by mandating the
review of bridges that are subject to large cargo ships and tankers, and
understanding whether their piers are protected.

We, as a State, do not want to be in a position of only offering our
thoughts and prayers if any of our bridges collapse after being hit by a
wayward cargo ship. We should not wait for a New York State bridge to
collapse to conduct this study.

 
PRIOR LEGISLATIVE HISTORY:

None. New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Cost of review of bridges to be determined. No cost to local govern-
ments.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed April 1, 2026 or three months after the report is submitted,
whichever is later.

2023-S9362 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9362
 
                             I N  S E N A T E
 
                               May 14, 2024
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT directing the Department of Transportation to conduct a study  of
   certain bridges spanning bodies of water connected to deep water ports
   in  the  state  to  determine whether such bridges have the structural
   integrity to withstand an impact from a large  vessel;  and  providing
   for the repeal of such provisions upon the expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent and findings.  1. On March 26, 2024, the
 commercial container ship, the "Dali", lost power  and  slammed  into  a
 support  piling  of the Francis Scott Key Bridge in Baltimore, resulting
 in the immediate and near-total collapse of the bridge. Six  individuals
 who  were  working on the bridge died in the collapse. The bodies of two
 of those victimes have not been recovered. The Dali was  984  feet  long
 and weighed approximately 95,000 tons.  As a result of the collision and
 collapse,  trade through the Port of Baltimore has been severely compro-
 mised and will remain so for some time,  costing  an  estimated  fifteen
 million  dollars in lost economic activity each day.  The estimated cost
 to repair the bridge will be $4,000,000,000. The repairs  are  estimated
 to take several years.
   In  addition  to  being a part of a sea passage for trade, the Francis
 Scott Key Bridge was also a major part of the  Baltimore  transportation
 system  for  commercial, commuter and personal travel.  Until the bridge
 repairs are completed, a key part of  the  Baltimore  infrastructure  is
 closed  not only to sea-going traffic, but also to vehicular traffic, as
 well.  The current and future financial impacts on Baltimore, its  resi-
 dents and the state of Maryland are profound.
   2.  Less  than two weeks after the Baltimore incident, the 89,000-ton,
 1,100-foot-long vessel "APL Qingdao" lost propulsion near  the  Verraza-
 no-Narrows  Bridge.  Fortunately,  there  was  no  collision between the
 vessel and the bridge.
   3. While these ships seem to be extremely large, Allan Post, the depu-
 ty superintendent at Texas A&M University's Maritime Academy states that
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15209-04-4
 S. 9362                             2
 
 1,000 foot ships are now the standard size.   In  contrast,  the  Summit
 Venture,  a  cargo  vessel that caused the 1980 collapse of the Sunshine
 Skyway in Florida, was 600 feet long and weighed 35,000 tons.
   4. These recent incidents raise concerns about the condition of bridg-
 es  spanning waterways involved in seagoing commercial transportation in
 our state and the ability of such structures to withstand an impact from
 such a large vessel.  In most cases, New York bridges were designed  and
 built  long  before the advent of the enormous commercial vessels common
 now and most would likely not be able to sustain a direct collision with
 such a vessel.  The occurrence of such an accident would have  a  devas-
 tating  impact  on  our  state and local economies and, depending on the
 bridge involved, our local transportation.   In addition, there  is  the
 potential for enormous loss of life when a bridge collapses.
   5.  In view of these considerations, the legislature declares it to be
 in the best interest of the state and its people to proactively  conduct
 a  study  of  bridges  spanning  bodies of water connected to deep water
 ports in the state to determine whether such bridges have the structural
 integrity to withstand an impact from a large vessel.
   § 2. 1. The Department of Transportation, in conjunction with the  New
 York  State Bridge Authority, the Metropolitan Transportation Authority,
 the Port Authority of New York and New Jersey, and the Buffalo and  Fort
 Erie  Public  Bridge  Authority, as applicable, shall conduct a study to
 determine the ability of certain bridges in the state  to  withstand  an
 impact  to  the  support  structures  of  the  bridges from large ships,
 including but not limited to, cargo vessels, oil tankers  and  passenger
 ships.    Upon  the  conclusion  of  the  study, the Commissioner of the
 Department of Transportation  ("the  Commissioner")  shall  prepare  and
 issue  a  comprehensive report of the study findings and recommendations
 for improvements to each bridge, if any.
   2. Bridges to be evaluated for the study shall include the following:
   a. the Bronx-Whitestone Bridge;
   b. the Cross Bay Veterans Memorial Bridge;
   c. the Henry Hudson Bridge;
   d. the Marine Parkway-Gil Hodges Memorial Bridge;
   e. the Robert F. Kennedy Bridge;
   f. the Throgs Neck Bridge;
   g. the Verrazzano-Narrows Bridge;
   h. the Governor Mario M. Cuomo Bridge;
   i. the Bear Mountain Bridge;
   j. the Newburgh-Beacon Bridge;
   k. the Mid-Hudson Bridge;
   l. the Kingston-Rhinecliff Bridge;
   m. the Rip Van Winkle Bridge;
   n. the George Washington Bridge;
   o. the Bayonne Bridge;
   p. the Goethals Bridge;
   q. the Outerbridge Crossing Bridge;
   r. the Alfred H. Smith Memorial Bridge;
   s. the Castleton Bridge;
   t. the Dunn Memorial Bridge;
   u. the Patroon Island Bridge;
   v. the Peace Bridge;
   w. the Walkway over the Hudson Pedestrian Bridge;
   x. any bridge under the control of a New York entity spanning a  water
 shipping route through Lake Erie or Lake Ontario utilized by large cargo
 S. 9362                             3
 
 vessels  or  oil  tankers  to  access  commercial  shipping ports in the
 Niagara or Rochester areas of the state; and
   y. any other bridge the Commissioner deems necessary.
   3.  For  each bridge, the study shall include, at a minimum, an evalu-
 ation of the following:
   a. the age of the bridge;
   b. the amount of traffic traveling on top of and  through  the  waters
 below the bridge;
   c. the current condition of the bridge;
   d.  any  known  or  newly discovered chronic issue or problem with the
 bridge;
   e. the type, size, and construction of the support structures  of  the
 bridge;
   f.  the  type,  size  and construction of any barriers surrounding the
 base of the support structures of the bridge and  the  distance  between
 such surrounding structures and the water channels occupied by vessels;
   g. the width between the support structures of the bridge;
   h. the height of the bridge;
   i.  the  topography  near  the  bridge, including sand bars, shallows,
 cliffs, etc.;
   j. the area a vessel may safely access during a maneuver to avoid  the
 bridge in the event of a loss of power or propulsion or other emergency;
 and
   k. any other matters the Commissioner deems necessary.
   §  3. The report required by this act shall be submitted to the gover-
 nor, the speaker of the assembly, and the  temporary  president  of  the
 senate  no  later  than  January 1, 2026.   The report shall include the
 findings, conclusions and recommendations of  the  Commissioner  of  the
 Department  of  Transportation and other involved entities.  The Commis-
 sioner shall submit with this report such legislative proposals  as  the
 Commissioner  deems  necessary  to  implement  such recommendations. The
 report shall also be published on  the  website  of  the  Department  of
 Transportation no later than one month after it is completed.
   § 4. The Commissioner of the Department of Transportation may request,
 and  is  authorized  to receive, any information from any state agencies
 that is relevant and material  to  the  completion  of  this  study  and
 report.   Such information received by the Commissioner shall be subject
 to the same requirements for confidentiality and limitations on use,  if
 any,  as  are applicable to such state agency's use of such information.
 In addition to the entities listed in subdivision one of section two  of
 this  act, the Commissioner may consult with any additional entities the
 Commissioner deems necessary.
   § 5. This act shall take effect immediately and shall  expire  and  be
 deemed repealed April 1, 2026 or 3 months after the report is submitted,
 whichever is later.

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