Bill Text: NY A07361 | 2021-2022 | General Assembly | Amended

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Bill Title: Requires the department of transportation to issue a notice of completed application upon receipt and following an initial review of the application and determining that the application is complete or identifying additional information required or to be submitted by the applicant and requires the commissioner of transportation to establish regulations regarding the time within which such application is processed.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to transportation [A07361 Detail]

Download: New_York-2021-A07361-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7361--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       May 6, 2021
                                       ___________

        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Transportation -- committee discharged, bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        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:

     1    Section 1. The second undesignated paragraph  of  section  52  of  the
     2  highway  law,  as amended by chapter 297 of the laws of 1972, is amended
     3  to read as follows:
     4    The commissioner of transportation shall establish regulations govern-
     5  ing the issuance of highway work  permits,  including  the  fees  to  be
     6  charged  therefor,  a  system of deposits of money or bonds guaranteeing
     7  the performance of the work and requirements of insurance to protect the
     8  interests of the state during performance of  the  work  pursuant  to  a
     9  highway work permit.  With respect to accommodation of fiber optic util-
    10  ities within the state highway right of way, the regulations shall addi-
    11  tionally  provide  that  the  department shall issue a written notice of
    12  complete application to an applicant for a highway work  permit  or  use
    13  and  occupancy  permit  within  twenty-one  days  of receipt of the work
    14  permit application. Within such time of submission for an  accommodation
    15  of  fiber optic utilities, an initial review of the application shall be
    16  conducted and the department shall either make a determination that  the
    17  application is complete, or identify any additional information required
    18  to  be  submitted  by the applicant for the application to be considered
    19  complete. With respect to accommodation of fiber  optic  utilities,  the
    20  regulations  shall also provide that the department shall:  complete the
    21  review of the application and either issue or deny a work permit  and/or
    22  use  and  occupancy permit within forty-five days of issuing the written
    23  notice of complete application; and provide that any application that is
    24  pending for more than forty-five days  without  a  permit  being  issued

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10833-04-1
        A. 7361--A                          2

     1  shall  be  deemed approved.  If the work permit and/or use and occupancy
     2  permit is denied, the department shall  identify  and  provide  specific
     3  reasoning  and  basis  for the denial. With respect to driveway entrance
     4  permits,  the  regulations shall take into consideration the prospective
     5  character of the development, the traffic which will be generated by the
     6  facility within  the  reasonably  foreseeable  future,  the  design  and
     7  frequency  of  access  to  the facility, the effect of the facility upon
     8  drainage as related to existing drainage systems, the  extent  to  which
     9  such facility may impair the safety and traffic carrying capacity of the
    10  existing  state  highway and any proposed improvement thereto within the
    11  reasonably foreseeable future, and any standards governing access,  non-
    12  access  or  limited access which have been established by the department
    13  of transportation.
    14    § 2. This act shall take effect ninety days after it shall have become
    15  a law. Effective immediately, the addition, amendment and/or  repeal  of
    16  any  rule  or regulation necessary for the implementation of this act on
    17  its effective date are authorized to be made and completed on or  before
    18  such effective date.