What's happening
This bill requires the New York State Department of Transportation to maintain drainage systems that serve or incidentally serve state highways, regardless of when they were built.
Why it matters
Expands state responsibility. for maintaining drainage systems that not only primarily serve state highways, but also those that incidentally do so—potentially shifting maintenance costs and duties from local governments or other agencies to the state.
Applies retroactively. , meaning the Department of Transportation must maintain qualifying drainage systems regardless of when they were built, possibly including older infrastructure that previously was not the state’s responsibility.
Aims to improve highway safety and resilience. by ensuring proper drainage maintenance, which can help prevent flooding, road damage, and hazardous driving conditions on state highways.
May lead to increased state expenditures. for drainage system upkeep, potentially impacting the state budget, but could also provide more consistent maintenance standards and reduce disputes over maintenance jurisdiction.
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Who cares
Headline styles
Maintain Highway Drainage Systems
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
State Must Maintain Highway Drains
In Senate Committee · Transportation · Sponsor Patty Ritchie
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1426
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
Introduced by M. of A. JENNE -- read once and referred to the Committee on Transportation
AN ACT to amend the highway law, in relation to requiring the New York state department of transportation to maintain drainage systems that serve the state highway facility
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The fourth undesignated paragraph of section 46 of the highway law, as amended by chapter 628 of the laws of 1970, is amended to read as follows:
For all the purposes of this section, the jurisdiction of the commissioner of transportation shall extend over the entire property affected by the provisions hereof during the period of construction, reconstruction or improvement, as such jurisdiction has been obtained or may hereafter be obtained pursuant to the provisions of this chapter. After the completion and acceptance of the work of constructing, reconstructing or improving of a state highway passing through a village, the state shall maintain and have jurisdiction over the pavement area of such highway and may assume maintenance responsibility and have jurisdiction over such other highway right of way areas as the commissioner of transportation shall determine, by official order, are necessary for the maintenance and protection of such highway facility. No additional points of access to, or exit from, such highway facility shall be made without prior written approval by the commissioner of transportation. Any sidewalks, sewers,[,] water mains, curbs, paved gutters, conduits, facilities and appurtenances that are provided pursuant to this section, shall be maintained or shall be continued to be maintained, as the case may be, by the village in which they are located, or by the agency or other unit owning or having control and jurisdiction thereof except the state shall maintain any drainage ditches and storm sewer facilities which are constructed primarily to service the state highway facility[.], or may incidentally serve the state highway facility, regardless of the date of the system's construction.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02443-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.