BILL NUMBER:  S1431

 TITLE OF BILL :

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

 PURPOSE :

To require New York State Department of Transportation to maintain any
drainage ditches and storm sewer facilities that incidentally serve
the state highway facility regardless of the date of construction.

 SUMMARY OF PROVISIONS :

Section 1 requires that any drainage ditches and storm sewer
facilities that incidentally serve the state highway facility be
maintained by the New York State Department of Transportation,
regardless of the date of the system's construction. Section 2
provides that this act shall take effect immediately.

 JUSTIFICATION :

The purpose of this bill is to require New York State Department of
Transportation (NYSDOT) to maintain any drainage ditches and storm
              

sewer facilities that serve the state highway facility, regardless of
when the system was constructed. Currently, the law requires NYSDOT to
only maintain those drainage ditches and storm sewer facilities which
are constructed after January 1, 1971 that primarily service state
highways. This amendment would increase the scope of maintenance
required by NYSDOT, so as to require the department to maintain all
drainage systems that incidentally serve the state highway facility,
regardless of the date of the system's construction.

Of particular issue is New York State Route 180 (NY-180), which is a
north-south state highway in the northwestern part of Jefferson
County. The southern terminus of the route is at NY 3 in the
Hounsfield hamlet of Baggs Corner, located 7 miles (11 km) west of
downtown Watertown. The northern terminus is at NY 12 in the Orleans
hamlet of Fisher's Landing. NY-180 is part of the Seaway Trail from
its southern terminus at Baggs Corner to its junction with NY-12E at
the Brownville hamlet of Limerick. Drainage on this route is so poor
that in March of 2012, the mayor of the Village of Dexter requested
financial assistance from NYSDOT to remedy this issue. Mayor Eves
sought to purchase a Hydro Jetter Sewer Cleaner and a 6 foot by 12
foot trailer to carry safety equipment while the village dug drainage
trenches.

In refusing the request, NYSDOT responded that while the department
does have maintenance responsibility over the paved area of the
highway, and while the storm sewer facilities constructed in Dexter
may primarily service the State Highway facility, the drainage system
was constructed prior to January 1, 1971, and consequently NYSDOT is
not responsible for the maintenance of these drains. Pursuant to the
highway law and the department's corresponding regulations, only storm
sewer systems constructed after January 1, 1971 that primarily service
the stat highway facility are under the maintenance purview of NYSDOT,
while those storm sewer systems constructed prior to that date or
those systems that do not primarily service the state highway
facility, are within the maintenance jurisdiction of the village in
which they are located.

While the storm sewer system in Dexter along the affected area does
primarily serve the state highway facility, the system was constructed
prior to 1971. Despite that, NYSDOT has maintained the storm sewer on
Route 180 since its original construction. In addition, NYSDOT has
continued to modify the drainage system in ways that do not benefit
the Village of Dexter. Therefore, the attempt of the department to
deflect the expenditure to the village is inconsistent with its
historic maintenance of the system and obligation to service storm
sewer systems that primarily service the state highway facility.

It is imperative that NYSDOT be held responsible for all drainage
ditches and storm sewer facilities that service the state highway
facility. Costs of the maintenance and repair of these systems cannot
be deflected to municipalities that do not benefit from their
existence. The enactment of bill will ensure that the state department
of transportation maintains all those drainage ditches and storm sewer
facilities that it rightfully oversees, either through use or
construction.

 LEGISLATIVE HISTORY :

2015-2016: S.514 Referred to Transportation/A.5136 Russell Referred to
Transportation.

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
This act shall take effect immediately.