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.