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. By requiring the Department of Transportation (DOT) to maintain drainage systems that even incidentally serve state highways, the bill shifts maintenance responsibilities from local governments or other agencies to the state, potentially easing the burden on local budgets and resources.
Addresses Aging Infrastructure. The amendment applies to drainage systems regardless of when they were constructed, meaning the state must now care for older systems that may have been neglected or poorly maintained due to disputes over jurisdiction.
Mitigates Flooding and Road Damage Risks. Effective drainage is crucial for highway safety and longevity. Ensuring state oversight may result in more consistent maintenance, reducing the risk of flooding, erosion, and costly road repairs that can impact residents and commuters.
Clarifies Legal Ambiguity. The bill resolves longstanding confusion about which entity is responsible for certain drainage systems, reducing potential legal conflicts and delays in necessary maintenance work.
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Who cares
Headline styles
State Must Maintain Highway Drains
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.
Maintain Highway Drainage Systems
In Assembly Committee · Transportation · Sponsor Addie Jenne
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1431
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
Introduced by Sen. RITCHIE -- 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 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.
Sponsor's memo
Title of bill
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
Purpose
To require New York State Department of Transportation to maintain any drainage ditches and storm sewer facilities that incidentally serve the state highway facility regardless of the date of construction.
Summary of provisions
Section 1 requires that any drainage ditches and storm sewer facilities that incidentally serve the state highway facility be maintained by the New York State Department of Transportation, regardless of the date of the system's construction. Section 2 provides that this act shall take effect immediately.
Read the full memo (685 words)
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 Fisher's 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 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
2015-2016: S.514 Referred to Transportation/A.5136 Russell Referred to Transportation.
Fiscal implications
Minimal.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.