Relates to requiring the New York state department of transportation to maintain drainage systems that serve the state highway facility

Section 2 provides that this act shall take effect immediately.

Justification

The purpose of this bill is to require New York State Department of Transportation (NYSDOT) to maintain any drainage ditches and storm sewer facilities that serve the state highway facility, regardless of when the system was constructed. Currently, the law requires NYSDOT to only maintain those drainage ditches and storm sewer facilities which are constructed after January 1, 1971 that primarily service state highways. This amendment would increase the scope of maintenance required by NYSDOT, so as to require the department to maintain all drainage systems that incidentally serve the state highway facility, regardless of the date of the system's construction.

Of particular issue is New York State Route 180 (NY-180), which is a north-south state highway in the northwestern part of Jefferson County. The southern terminus of the route is at NY 3 in the Hounsfield hamlet of Baggs Corner, located 7 miles (11 km) west of downtown Watertown. The northern terminus is at NY 12 in the Orleans hamlet of Fishers Landing. NY-180 is part of the Seaway Trail from its southern terminus at Baggs Corner to its junction with NY-12E at the Brownville hamlet of Limerick. Drainage on this route is so poor that in March of 2012, the mayor of the Village of Dexter requested financial assistance from NYSDOT to remedy this issue. Mayor Eves sought to purchase a Hydro Jetter Sewer Cleaner and a 6 foot by 12 foot trailer to carry safety equipment while the village dug drainage trenches.

In refusing the request, NYSDOT responded that while the department does have maintenance responsibility over the paved area of the highway, and while the storm sewer facilities constructed in Dexter may primarily service the State Highway facility, the drainage system was constructed prior to January 1, 1971, and consequently NYSDOT is not responsible for the maintenance of these drains. Pursuant to the highway law and the department's corresponding regulations, only storm sewer systems constructed after January 1, 1971 that primarily service the stat highway facility are under the maintenance purview of NYSDOT, while those storm sewer systems constructed prior to that date or those systems that do not primarily service the state highway facility, are within the maintenance jurisdiction of the village in which they are located.

While the storm sewer system in Dexter along the affected area was does primarily serve the state highway facility, the system was constructed prior to 1971. Despite that, NYSDOT has maintained the storm sewer on Route 180 since its original construction. In addition, NYSDOT has continued to modify the drainage system in ways that do not benefit the Village of Dexter. Therefore, the attempt of the department to deflect the expenditure to the village is inconsistent with its historic maintenance of the system and obligation to service storm sewer systems that primarily service the state highway facility.

It is imperative that NYSDOT be held responsible for all drainage ditches and storm sewer facilities that service the state highway facility. Costs of the maintenance and repair of these systems cannot be deflected to municipalities that do not benefit from their existence. The enactment of bill will ensure that the state department of transportation maintains all those drainage ditches and storm sewer facilities that it rightfully oversees, either through use or construction.

Legislative history

New Bill.

Fiscal implications

Minimal.

Effective date

This act shall take effect immediately.