S T A T E   O F   N E W   Y O R K
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                                  8477

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

Introduced  by  M.  of  A.  MONTESANO  --  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.
                                                           LBD11976-01-5
              

A. 8477                             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.
  S 2. This act shall take effect immediately.