S T A T E O F N E W Y O R K
________________________________________________________________________
5129
2021-2022 Regular Sessions
I N A S S E M B L Y
February 11, 2021
___________
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:
Section 1. Subdivision (b) of section 1627 of the vehicle and traffic
law, as added by chapter 1008 of the laws of 1983, is amended to read as
follows:
(b) The department of transportation, for the purposes of this chap-
ter, shall develop criteria to determine a highway providing access
between qualifying highways and terminals, facilities for food, fuel,
repairs, and rest and, in addition, for points of loading and unloading
for household goods carriers. The department may, by order, rule or
regulation, designate public highways within the state as access high-
ways. The department of transportation, upon the request of the legisla-
tive body of any city or village, or of a county superintendent of high-
ways, or of a town board may, by order, rule or regulation, designate
other city or village streets, or county roads, or town highways,
respectively, as access highways. Before designating any county, town,
city or village, street or highway as an access highway[,]:
(I) the commissioner of transportation shall notify the municipality
having jurisdiction over such street or highway of the need for such
local access road and solicit comments thereon. If objections to the
designation are filed by the municipality having jurisdiction over a
particular street or highway, the commissioner of transportation shall
set, as soon as practicable, a public informational meeting. If the
commissioner of transportation finds, after holding a public informa-
tional meeting, that his proposed designation is proper and reasonable,
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.
LBD08623-01-1
A. 5129 2
pality in writing setting forth his findings and justifications for such
designation. The municipality shall have the right of judicial review
pursuant to article seventy-eight of the civil practice law and rules.
(II) THE COMMISSIONER OF TRANSPORTATION SHALL NOTIFY ANY SCHOOL WHICH
IS LOCATED ON OR NEAR THE PROPOSED ACCESS HIGHWAY AND PUBLISH A PUBLIC
NOTICE IN AT LEAST ONE NEWSPAPER IN WIDE CIRCULATION IN THE MUNICIPALITY
INFORMING THE PUBLIC OF THE PROPOSED ACCESS HIGHWAY. THERE SHALL BE A
NINETY DAY PERIOD FOR PUBLIC COMMENT COMMENCING UPON THE FIRST DATE OF
THE PUBLICATION OF THE PUBLIC NOTICE AND PRIOR TO ANY DESIGNATION BY THE
DEPARTMENT.
§ 2. This act shall take effect immediately.