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A2494Assembly2017-2018 Session

Require Public Comment on Highways

Official title

“Requires public notice and a period for public comment prior to the designation of an access highway”

Sponsor Michael MontesanoAD-15Affects Transportation
Status
In Assembly Committee
Transportation
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill requires public notice, school notification, and a 90-day public comment period before designating access highways in New York.

Why it matters

  1. Increases transparency and community input. by requiring the New York State Department of Transportation to notify local municipalities and schools near proposed access highways, as well as publish public notices in widely circulated newspapers. This ensures that potentially affected parties are aware of and can respond to proposed changes.

  2. Empowers local stakeholders. including school officials, parents, and residents—to voice concerns or support regarding new access highway designations, which could impact traffic, safety, and quality of life in their neighborhoods.

  3. Establishes a mandatory 90-day public comment period. before any access highway designation can proceed, giving the community ample time to review proposals and provide feedback, potentially leading to modifications or reconsideration based on public input.

  4. Provides a formal mechanism for objections and review. by requiring public informational meetings if municipalities object, and by guaranteeing the right of judicial review, which adds another layer of oversight and accountability to the highway designation process.

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Who cares

Headline styles

Require Public Comment on Highways

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Michael Montesano

Assembly Member · Assembly District 15

1 Multi-sponsor

History

  1. Referred to transportation
  2. Held for consideration in transportation
  3. Referred to transportation

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2494

2017-2018 Regular Sessions

IN ASSEMBLY

January 20, 2017

Introduced by M. of A. MONTESANO -- Multi-Sponsored by -- M. of A. McDO- NOUGH, McLAUGHLIN -- 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 Assembly, 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 chapter, 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 highways. The department of transportation, upon the request of the legislative body of any city or village, or of a county superintendent of highways, 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 informational meeting, that his proposed designation is proper and reasonable,

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06093-01-7

A. 2494 2

prior to filing a notice of agency action he shall so notify the municipality 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.

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.