Bill Text: NY S01862 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to requiring the department of transportation to maintain drainage systems that serve the state highway facility.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO TRANSPORTATION [S01862 Detail]
Download: New_York-2021-S01862-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1862 2021-2022 Regular Sessions IN SENATE January 16, 2021 ___________ Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the highway law, in relation to requiring the New York state department of transportation to maintain drainage systems that serve the state highway facility The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The fourth undesignated paragraph of section 46 of the 2 highway law, as amended by chapter 628 of the laws of 1970, is amended 3 to read as follows: 4 For all the purposes of this section, the jurisdiction of the commis- 5 sioner of transportation shall extend over the entire property affected 6 by the provisions hereof during the period of construction, recon- 7 struction or improvement, as such jurisdiction has been obtained or may 8 hereafter be obtained pursuant to the provisions of this chapter. After 9 the completion and acceptance of the work of constructing, reconstruct- 10 ing or improving of a state highway passing through a village, the state 11 shall maintain and have jurisdiction over the pavement area of such 12 highway and may assume maintenance responsibility and have jurisdiction 13 over such other highway right of way areas as the commissioner of trans- 14 portation shall determine, by official order, are necessary for the 15 maintenance and protection of such highway facility. No additional 16 points of access to, or exit from, such highway facility shall be made 17 without prior written approval by the commissioner of transportation. 18 Any sidewalks, sewers,[,] water mains, curbs, paved gutters, conduits, 19 facilities and appurtenances that are provided pursuant to this section, 20 shall be maintained or shall be continued to be maintained, as the case 21 may be, by the village in which they are located, or by the agency or 22 other unit owning or having control and jurisdiction thereof except the 23 state shall maintain any drainage ditches and storm sewer facilities 24 which are constructed primarily to service the state highway 25 facility[.], or may incidentally serve the state highway facility, 26 regardless of the date of the system's construction. 27 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05033-01-1