NY State Senate Bill 2011-S236

Senate Bill S236

2011-2012 Legislative Session

Removes the Niagara section of the thruway from the control of the thruway authority and puts it under the department of transportation's control; repealer

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to transportation
Jan 05, 2011	referred to transportation

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2011-S236 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Rpld §356 sub 8, §356-a sub 4, amd §§356 & 356-a, Pub Auth L; rpld §349-a sub 6, amd §349-a, add §341-b, Hway L
Versions Introduced in 2009-2010 Legislative Session:: S2902

2011-S236 (ACTIVE) - Summary

Removes the Niagara section of the thruway from the control of the thruway authority and puts it under the department of transportation's control.

2011-S236 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S236

TITLE  OF  BILL:    An act to amend the public authorities law and the
highway law, in relation to removing the Niagara section  of  the  New
York  state  thruway  from the control of the thruway authority and to
putting the Niagara section of the New York state  thruway  under  the
control  of  the  department  of transportation; and to repeal certain
provisions of the public authorities law and the highway law  relating
thereto

PURPOSE:  To transfer control over the Niagara section of the New York
state  thruway from control of the thruway authority to the department
of transportation so that any future improvement of this section shall
be eligible for federal aid.

SUMMARY OF PROVISIONS:  Section 1. Subdivision 8 of section 356 of the
public authorities law is repealed and  subdivision  9  is  renumbered
subdivision 8.

Section  2:  Subdivision  4 of section 356-a of the public authorities
law  is  repealed  and  subdivision  5  is  amended  to  renumber  the
referenced section.

Section  3:  Subdivision  6 of the section 349-a of the highway law is
repealed and subdivisions 7, 8, and 9 are renumbered subdivision 6, 7,
and 8.

Section 4: Amends the highway law  by  adding  a  new  section  341-b.
Acceptance  of  a  bridge  and  highway  as  part of the state highway
system. The state will accept a certain bridge and highway starting at
the junction of the Erie and Ontario sections  of  the  thruway  at  a
point in the vicinity of the crossing of Dingens Street and the Lehigh
Valley  railroad  in  the town of Cheektowaga, generally in a westerly
direction to Erie street in the  city  of  Buffalo,  continuing  in  a
general  northwesterly  direction  to the front, through the front and
north between Niagara Street and the ship canal to the right of way of
the abandoned Erie Canal near the northern end  of  such  ship  canal,
then generally along such right of way, deviating there from to make a
connection  with  easterly  approach of the South Grand Island bridge,
across the Niagara river, utilizing the existing  South  Grand  Island
bridge,  then  across  the Niagara river, utilizing the existing South
Grand Island, along or parallel to existing  Grand  Island  boulevard,
across  the  Niagara  river, utilizing the existing North Grand Island
bridge and such bridge and highway shall be part hereafter be part  of
such system and subject to supervision and control of the commissioner
of  transportation.  The  department of transportation shall maintain,
repair or reconstruct solely at the expense of the state. This portion
of highway shall be under the  jurisdiction  of  the  commissioner  of
transportation  and  future  improvement shall be eligible for federal
aid in the same manner as any other state highway or bridge.

Subdivision 5: Effective date.

JUSTIFICATION:  It is estimated that the  Grand  Island  bridge  costs
between $8 to $9 million dollars per year in operation and maintenance
cost,  however  the  revenue  figures  from  2006,  show that over $22
million was collected in tolls that year alone. Even with  this  large


differential  between the costs of the bridge and the monies collected
there has been a one hundred percent increase in toll rates  over  the
past  two  and  one  half years. This increase is unnecessary and puts
persons who live and work on Grand Island at a financial disadvantage.
Residents and frequent commuters do have a reduced toll rate, however,
this  is the only road onto and off of the island. By Transferring the
bridge and Niagara  section  of  the  thruway  to  the  department  of
transportation not only will the tolls be removed, but the bridge will
be made eligible for federal aid.

LEGISLATIVE   HISTORY:      S.2902/A.496  of  2009-2010;  Referred  to
Transportation
S.6824 of 2007-08; Advanced to third reading

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:   This act  shall  take  effect  on  the  one  hundred
twentieth  day after it shall have become law; provided, however, that
effective immediately, in addition, amendment  and  or/repeal  of  any
rule or regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed on
or before such date.

2011-S236 (ACTIVE) - Bill Text download pdf

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

                                   236

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the public authorities  law  and  the  highway  law,  in
  relation to removing the Niagara section of the New York state thruway
  from  the  control of the thruway authority and to putting the Niagara
  section of the New York state thruway under the control of the depart-
  ment of transportation; and to repeal certain provisions of the public
  authorities law and the highway law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 8 of section 356 of the public authorities law
is REPEALED and subdivision 9 is renumbered subdivision 8.
  S 2. Subdivision 4 of section 356-a of the public authorities  law  is
REPEALED and subdivision 5, as added by chapter 741 of the laws of 1957,
is amended to read as follows:
  [5]  4.  The thruway constructed along the route described in subdivi-
sion [nine] EIGHT of section three hundred  fifty-six  of  this  article
shall be known as "The Algonquin Path".
  S 3. Subdivision 6 of section 349-a of the highway law is REPEALED and
subdivisions 7, 8 and 9 are renumbered subdivisions 6, 7 and 8.
  S  4. The highway law is amended by adding a new section 341-b to read
as follows:
  S 341-B. ACCEPTANCE OF A BRIDGE AND HIGHWAY AS PART OF THE STATE HIGH-
WAY SYSTEM. THE STATE HEREBY ACCEPTS AS A PART OF THE  SYSTEM  OF  STATE
HIGHWAYS  A  CERTAIN  BRIDGE AND HIGHWAY STARTING AT THE JUNCTION OF THE
ERIE AND THE ONTARIO SECTIONS OF THE THRUWAY AT A POINT IN THE  VICINITY
OF  THE CROSSING OF DINGENS STREET AND THE LEHIGH VALLEY RAILROAD IN THE
TOWN OF CHEEKTOWAGA, THENCE GENERALLY IN A WESTERLY  DIRECTION  TO  ERIE
STREET  IN THE CITY OF BUFFALO, THENCE CONTINUING IN A GENERAL NORTHWES-
TERLY DIRECTION TO THE FRONT, THENCE THROUGH THE FRONT AND NORTH BETWEEN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD01089-01-1

S. 236                              2

NIAGARA STREET AND THE SHIP CANAL TO THE RIGHT OF WAY OF  THE  ABANDONED
ERIE  CANAL  NEAR  THE NORTHERN END OF SUCH SHIP CANAL, THENCE GENERALLY
ALONG SUCH RIGHT OF WAY, DEVIATING THEREFROM TO MAKE A  CONNECTION  WITH
THE  EASTERLY  APPROACH  OF THE SOUTH GRAND ISLAND BRIDGE, THENCE ACROSS
THE NIAGARA RIVER, UTILIZING THE EXISTING  SOUTH  GRAND  ISLAND,  THENCE
ALONG OR PARALLEL TO EXISTING GRAND ISLAND BOULEVARD, ACROSS THE NIAGARA
RIVER,  UTILIZING THE EXISTING NORTH GRAND ISLAND BRIDGE AND SUCH BRIDGE
AND HIGHWAY SHALL HEREAFTER BE A PART OF SUCH  SYSTEM,  SUBJECT  TO  THE
SUPERVISION  AND  CONTROL  OF THE COMMISSIONER OF TRANSPORTATION, AND BE
HEREAFTER MAINTAINED, REPAIRED OR RECONSTRUCTED SOLELY AT THE EXPENSE OF
THE STATE, NOTWITHSTANDING THE PROVISIONS OF ANY OTHER PROVISION OF LAW.
  THE AFORESAID HIGHWAY SHALL BE UNDER THE JURISDICTION OF  THE  COMMIS-
SIONER OF TRANSPORTATION AND IN ANY FUTURE IMPROVEMENT SHALL BE ELIGIBLE
FOR FEDERAL AID IN THE SAME MANNER AS ANY OTHER STATE HIGHWAY OR BRIDGE.
  S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized and directed to be made and completed on or before such date.

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Senate Bill S236

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Sponsored By

George D. Maziarz