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Assembly Bill A5136

2015-2016 Legislative Session

Relates to requiring the New York state department of transportation to maintain drainage systems that serve the state highway facility

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Archive: Last Bill Status - In Assembly Committee

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2015-A5136 (ACTIVE) - Details

See Senate Version of this Bill:
S514
Current Committee:
Assembly Transportation
Law Section:
Highway Law
Laws Affected:
Amd ยง46, Hway L
Versions Introduced in Other Legislative Sessions:
2017-2018: A1426, S1431
2019-2020: S8912
2021-2022: S1862

2015-A5136 (ACTIVE) - Summary

Relates to requiring the department of transportation to maintain drainage systems that serve the state highway facility.

2015-A5136 (ACTIVE) - Bill Text download pdf 

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

                                  5136

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
  tee 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:

  Section  1.  The  fourth  undesignated  paragraph of section 46 of the
highway law, as amended by chapter 628 of the laws of 1970,  is  amended
to read as follows:
  For  all the purposes of this section, the jurisdiction of the commis-
sioner of transportation shall extend over the entire property  affected
by  the  provisions  hereof  during  the  period of construction, recon-
struction or improvement, as such jurisdiction has been obtained or  may
hereafter  be obtained pursuant to the provisions of this chapter. After
the completion and acceptance of the work of constructing,  reconstruct-
ing or improving of a state highway passing through a village, the state
shall  maintain  and  have  jurisdiction  over the pavement area of such
highway and may assume maintenance responsibility and have  jurisdiction
over such other highway right of way areas as the commissioner of trans-
portation  shall  determine,  by  official  order, are necessary for the
maintenance and protection  of  such  highway  facility.  No  additional
points  of  access to, or exit from, such highway facility shall be made
without prior written approval by the  commissioner  of  transportation.
Any  sidewalks,  sewers,[,] water mains, curbs, paved gutters, conduits,
facilities and appurtenances that are provided pursuant to this section,
shall be maintained or shall be continued to be maintained, as the  case
may  be,  by  the village in which they are located, or by the agency or
other unit owning or having control and jurisdiction thereof except  the
state  shall  maintain  any  drainage ditches and storm sewer facilities
which  are  constructed  primarily  to   service   the   state   highway
facility[.],  OR  MAY  INCIDENTALLY  SERVE  THE  STATE HIGHWAY FACILITY,
REGARDLESS OF THE DATE OF THE SYSTEM'S CONSTRUCTION.
  S 2. This act shall take effect immediately.

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