Bill Text: NY A04327 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Requires public notice and a ninety-day period for public comment prior to the designation of an access highway by the department of transportation.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A04327 Detail]

Download: New_York-2019-A04327-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          4327
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced by M. of A. MONTESANO -- Multi-Sponsored by -- M. of A. McDO-
          NOUGH -- read once and referred to the Committee on Transportation
        AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
          public notice and a period for public comment prior to the designation
          of an access highway
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivision (b) of section 1627 of the vehicle and traffic
     2  law, as added by chapter 1008 of the laws of 1983, is amended to read as
     3  follows:
     4    (b) The department of transportation, for the purposes of  this  chap-
     5  ter,  shall  develop  criteria  to  determine a highway providing access
     6  between qualifying highways and terminals, facilities  for  food,  fuel,
     7  repairs,  and rest and, in addition, for points of loading and unloading
     8  for household goods carriers. The department  may,  by  order,  rule  or
     9  regulation,  designate  public highways within the state as access high-
    10  ways. The department of transportation, upon the request of the legisla-
    11  tive body of any city or village, or of a county superintendent of high-
    12  ways, or of a town board may, by order, rule  or  regulation,  designate
    13  other  city  or  village  streets,  or  county  roads, or town highways,
    14  respectively, as access highways. Before designating any  county,  town,
    15  city or village, street or highway as an access highway[,]:
    16    (i)  the  commissioner of transportation shall notify the municipality
    17  having jurisdiction over such street or highway of  the  need  for  such
    18  local  access  road  and  solicit comments thereon. If objections to the
    19  designation are filed by the municipality  having  jurisdiction  over  a
    20  particular  street  or highway, the commissioner of transportation shall
    21  set, as soon as practicable, a  public  informational  meeting.  If  the
    22  commissioner  of  transportation  finds, after holding a public informa-
    23  tional meeting, that his proposed designation is proper and  reasonable,
    24  prior to filing a notice of agency action he shall so notify the munici-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08302-01-9
        A. 4327                             2
     1  pality in writing setting forth his findings and justifications for such
     2  designation.  The  municipality  shall have the right of judicial review
     3  pursuant to article seventy-eight of the civil practice law and rules.
     4    (ii)  the commissioner of transportation shall notify any school which
     5  is located on or near the proposed access highway and publish  a  public
     6  notice in at least one newspaper in wide circulation in the municipality
     7  informing  the  public  of the proposed access highway. There shall be a
     8  ninety day period for public comment commencing upon the first  date  of
     9  the publication of the public notice and prior to any designation by the
    10  department.
    11    § 2. This act shall take effect immediately.