Bill Text: NY S01415 | 2023-2024 | General Assembly | Introduced

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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) 2024-01-03 - REFERRED TO TRANSPORTATION [S01415 Detail]

Download: New_York-2023-S01415-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1415

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 11, 2023
                                       ___________

        Introduced  by  Sen. HINCHEY -- 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 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
    25  shall be deemed approved.  If the work permit and/or use  and  occupancy

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01688-01-3
        S. 1415                             2

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