senate Bill S8912

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 12, 2020 referred to rules

S8912 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Highway Law
Laws Affected:
Amd §46, Hway L
Versions Introduced in Other Legislative Sessions:
2015-2016: S514
2017-2018: S1431

S8912 (ACTIVE) - Summary

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

S8912 (ACTIVE) - Sponsor Memo

S8912 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8912
 
                             I N  S E N A T E
 
                              August 12, 2020
                                ___________
 
 Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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