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A05430 Summary:

A05430 Actions:

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

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