S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7361--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 6, 2021
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Transportation -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the highway law, in relation to applications for permits
   for work within the highway right of way

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The second undesignated paragraph  of  section  52  of  the
 highway  law,  as amended by chapter 297 of the laws of 1972, is amended
 to read as follows:
   The commissioner of transportation shall establish regulations govern-
 ing the issuance of highway work  permits,  including  the  fees  to  be
 charged  therefor,  a  system of deposits of money or bonds guaranteeing
 the performance of the work and requirements of insurance to protect the
 interests of the state during performance of  the  work  pursuant  to  a
 highway work permit.  WITH RESPECT TO ACCOMMODATION OF FIBER OPTIC UTIL-
 ITIES WITHIN THE STATE HIGHWAY RIGHT OF WAY, THE REGULATIONS SHALL ADDI-
 TIONALLY  PROVIDE  THAT  THE  DEPARTMENT SHALL ISSUE A WRITTEN NOTICE OF
 COMPLETE APPLICATION TO AN APPLICANT FOR A HIGHWAY WORK  PERMIT  OR  USE
 AND  OCCUPANCY  PERMIT  WITHIN  TWENTY-ONE  DAYS  OF RECEIPT OF THE WORK
 PERMIT APPLICATION. WITHIN SUCH TIME OF SUBMISSION FOR AN  ACCOMMODATION
 OF  FIBER OPTIC UTILITIES, AN INITIAL REVIEW OF THE APPLICATION SHALL BE
 CONDUCTED AND THE DEPARTMENT SHALL EITHER MAKE A DETERMINATION THAT  THE
 APPLICATION IS COMPLETE, OR IDENTIFY ANY ADDITIONAL INFORMATION REQUIRED
 TO  BE  SUBMITTED  BY THE APPLICANT FOR THE APPLICATION TO BE CONSIDERED
 COMPLETE. WITH RESPECT TO ACCOMMODATION OF FIBER  OPTIC  UTILITIES,  THE
 REGULATIONS  SHALL ALSO PROVIDE THAT THE DEPARTMENT SHALL:  COMPLETE THE
 REVIEW OF THE APPLICATION AND EITHER ISSUE OR DENY A WORK PERMIT  AND/OR
 USE  AND  OCCUPANCY PERMIT WITHIN FORTY-FIVE DAYS OF ISSUING THE WRITTEN
 NOTICE OF COMPLETE APPLICATION; AND PROVIDE THAT ANY APPLICATION THAT IS
 PENDING FOR MORE THAN FORTY-FIVE DAYS  WITHOUT  A  PERMIT  BEING  ISSUED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10833-04-1

 A. 7361--A                          2
 
 SHALL  BE  DEEMED APPROVED.  IF THE WORK PERMIT AND/OR USE AND OCCUPANCY
 PERMIT IS DENIED, THE DEPARTMENT SHALL  IDENTIFY  AND  PROVIDE  SPECIFIC
 REASONING  AND  BASIS  FOR THE DENIAL. With respect to driveway entrance
 permits,  the  regulations shall take into consideration the prospective
 character of the development, the traffic which will be generated by the
 facility within  the  reasonably  foreseeable  future,  the  design  and
 frequency  of  access  to  the facility, the effect of the facility upon
 drainage as related to existing drainage systems, the  extent  to  which
 such facility may impair the safety and traffic carrying capacity of the
 existing  state  highway and any proposed improvement thereto within the
 reasonably foreseeable future, and any standards governing access,  non-
 access  or  limited access which have been established by the department
 of transportation.
   § 2. This act shall take effect ninety days after it shall have become
 a law. Effective immediately, the addition, amendment and/or  repeal  of
 any  rule  or regulation necessary for the implementation of this act on
 its effective date are authorized to be made and completed on or  before
 such effective date.