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A05430 Summary:

BILL NOA05430
 
SAME ASSAME AS S02614
 
SPONSORStec
 
COSPNSRCrouch, Finch
 
MLTSPNSR
 
Amd 212, Hway L
 
Eliminates, for highways in the Adirondack park, the requirement for the approval and consent of the state authority having jurisdiction over state land when the location of a highway on such land is altered or changed, or use of such highway is discontinued.
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A05430 Actions:

BILL NOA05430
 
02/09/2017referred to transportation
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A05430 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5430
 
SPONSOR: Stec
  TITLE OF BILL: An act to amend the highway law, in relation to chang- ing the location of highways over certain lands owned and occupied by the state in the Adirondack park   PURPOSE: To amend the highway law to remove the ability of the state to modify, abandon or close roads within the Adirondack Park   SUMMARY OF PROVISIONS: Section 1 - Amends Section 212 of the highway law, as amended by Chapter 161 of the laws of 1988 to add a new subsection 2 that reads the provisions of this section shall not apply to any highway within the Adirondack Park, as defined in subdivision one of section 9-0101 of the Environmental Conservation law. Section 2 - Effective date.   EXISTING LAW: Section 211 of the highway law allows the state to modify, abandon or close town roads that pass through the lands owned and controlled by the state.   JUSTIFICATION: Within the Adirondack Park, the State has closed existing town roads on several occasions since 1970. Over the past twelve years, the State has acquired hundreds of thousands of additional acres within the Park on which many town roads are located. For instance, in 2006 the state proposed to close the West River Road in the Town of Wells, Hamilton County despite the opposition of the town board who wishes to continue to maintain it and keep it open to the public. Section 212 of the highway law, grants the State unlimited authority and disregards the wishes of local governments. Furthermore, the closing of town roads by the State disrupt local transportation without compen- sation to the local community. The introduction of this legislation has been requested by the Adirondack Park Local Government Review Board and is also supported by the Adirondack Conservation Council.   LEGISLATIVE HISTORY: 2016-15: S.1079 Transportation; A.3372 Transportation 2014-13: S.1011 Transportation; A.4511 Transportation 2011-12: S.343 Passed Senate; A.149 Transportation 2010-09: S.321 Transportation; A.448 Transportation 2008-07: S.4113 Transportation; A.7082 Transportation.   FISCAL IMPLICATIONS: None to the state   EFFECTIVE DATE: This act shall take effect immediately
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A05430 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5430
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 9, 2017
                                       ___________
 
        Introduced  by M. of A. STEC, CROUCH, FINCH -- read once and referred to
          the Committee on Transportation
 
        AN ACT to amend the highway law, in relation to changing the location of
          highways over certain lands owned and occupied by  the  state  in  the
          Adirondack park
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 212 of the highway law, as amended by  chapter  161
     2  of the laws of 1988, is amended to read as follows:
     3    §  212.  Changing  location  of  highways over certain lands owned and
     4  occupied by the state. 1. If a highway  passes  over  or  through  lands
     5  wholly  owned and occupied by the state, the location of such portion of
     6  such highway as passes through such lands may be altered and changed, or
     7  the same may be abandoned or the use thereof as a  highway  discontinued
     8  with the consent and approval of the state authority having jurisdiction
     9  or  control  over  such  lands  by  an  order  directing  such change in
    10  location, abandonment or discontinuance.  Such  order  shall  contain  a
    11  description  of  that  portion  of the highway the location of which has
    12  been changed, abandoned or discontinued, and a description  of  the  new
    13  location  thereof, if any, and shall be filed in the office of the state
    14  authority having control of such lands.
    15    2. The provisions of this section shall not apply to any highway with-
    16  in the Adirondack park, as defined in subdivision one of section  9-0101
    17  of the environmental conservation law.
    18    § 2. This act shall take effect immediately.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00224-01-7
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