S T A T E   O F   N E W   Y O R K
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                                   1415
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 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
 SHALL BE DEEMED APPROVED.  IF THE WORK PERMIT AND/OR USE  AND  OCCUPANCY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01688-01-3
              

 S. 1415                             2
 
 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.