S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2693
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BLUMENCRANZ -- 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.
                                                            LBD06894-01-3
              

 A. 2693                             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.