New York State Assembly

 
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A06412 Summary:

A06412 Actions:

A06412 Committee Votes:

Committee:TRANSPORTATION   Chair:Magnarelli      
DATE:05/24/2023AYE/NAY:25/0  Action: Favorable refer to committee Ways and Means        
Magnarelli
Aye
McDonough
Excused
Lupardo
Aye
Miller
Aye
Thiele
Aye
Norris
Aye
Simon
Aye
DeStefano
Aye
Williams
Aye
Durso
Aye
Fahy
Aye
Giglio
Aye
McMahon
Aye
McGowan
Aye
Darling
Aye
Slater
Aye
Wallace
Aye
Burgos
Aye
Gallagher
Aye
Mitaynes
Aye
Sillitti
Aye
De Los Santos
Aye
Cunningham
Aye
Alvarez
Aye
Shrestha
Aye
Shimsky
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/01/2023AYE/NAY:35/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Aye
Pretlow
Aye
Hawley
Aye
Colton
Aye
Blankenbush
Aye
Cook
Aye
Norris
Aye
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Aye
Weprin
Aye
Walsh
Aye
Ramos
Aye
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye

Committee:RULES   Chair:Pretlow      
DATE:06/05/2023AYE/NAY:28/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Excused
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Excused
Rozic
Aye
Bronson
Aye

A06412 Floor Votes:

A06412 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 6249                                                  A. 6412
 
                               2023-2024 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                      April 6, 2023
                                       ___________
 
        IN SENATE -- Introduced by Sen. WALCZYK -- read twice and ordered print-
          ed,  and  when printed to be committed to the Committee on Transporta-
          tion
 
        IN ASSEMBLY -- Introduced by M. of A. BARCLAY -- read once and  referred
          to the Committee on Transportation

        AN  ACT  to  amend  the  highway law and the vehicle and traffic law, in
          relation to  establishing  minimum  maintenance  roads  in  designated
          towns; and providing for the repeal of such provisions upon expiration
          thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The highway law is amended by adding a new section 205-c to
     2  read as follows:
     3    § 205-c. Minimum maintenance roads. 1. a. The town board of any desig-
     4  nated town may, after a public hearing, adopt a  local  law  designating
     5  any  low-volume road or portion thereof providing agricultural or recre-
     6  ational land access, except for farm access roads or roads that  provide
     7  access to an individual year-round residence at the time of designation,
     8  as  a  minimum  maintenance  road. No such law shall restrict farm oper-
     9  ations in an agricultural district. Such local law shall not prevent the
    10  state from maintaining such road if the road passes  over,  or  provides
    11  access  to,  state  land.  No such law designating a minimum maintenance
    12  road shall be effective until signs are posted advising the public  that
    13  such  road  is  a  minimum  maintenance road. No road, once designated a
    14  minimum maintenance road, shall be determined  to  have  been  abandoned
    15  pursuant  to  the  provisions  of subdivision one of section two hundred
    16  five of this article solely because it has  been  designated  a  minimum
    17  maintenance road.
    18    b.  At least forty-five days prior to the public hearing on such local
    19  law the town board having jurisdiction over such road shall issue  find-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10171-02-3
        S. 6249                             2                            A. 6412
 
     1  ings  that  such  road or portion thereof should be designated a minimum
     2  maintenance road. Such findings shall include, but not be limited to:
     3    (i) the volume and type of motor vehicle traffic on such road;
     4    (ii)  a  determination  that  the property owners of land abutting the
     5  road shall continue to have access to their property;
     6    (iii) a determination that the  users  of  the  road  traveling  at  a
     7  reasonable  and  prudent  speed,  under  the circumstances, shall not be
     8  placed in a hazardous situation;
     9    (iv) a determination that such road,  or  portion  thereof,  does  not
    10  constitute a farm access road as defined in this section; and
    11    (v)  the  effect  of such designation on any farm operations dependent
    12  upon the road, and that such designation does not  restrict  farm  oper-
    13  ations in agricultural districts.
    14    A copy of the town board's findings shall be made available for public
    15  inspection  in the town clerk's office and posted to the town website if
    16  available.
    17    A copy of the findings shall be sent to the school board of the school
    18  district in which each road is located and to the town  planning  board.
    19  Such school board and planning board may review the findings of the town
    20  board  and  within forty-five days file with the town clerk their recom-
    21  mendation and findings. In the event the school or planning board  takes
    22  no  action  within  the  forty-five day review period the town board may
    23  proceed without said board's  recommendation  and  findings.  School  or
    24  planning  board  review may be waived, shortened or extended upon mutual
    25  consent of said board and the town board. The town  board  of  the  town
    26  may,  by  resolution,  accept, accept in part, or reject the recommenda-
    27  tions of either the school or planning board prior to any vote upon  the
    28  proposed local law.
    29    A  copy  of the findings shall also be sent to the department of envi-
    30  ronmental conservation or any  other  relevant  state  agency  that  has
    31  jurisdiction  over  the  land that the road proposed to be designated as
    32  minimum maintenance passes over or provides access to.
    33    c. At least thirty days prior to the public hearing on such local law,
    34  written notice of such hearing, including a  summary  of  the  findings,
    35  shall  be served by certified mail upon every owner of real property, as
    36  determined by the latest completed assessment roll, abutting  such  road
    37  or portion thereof.
    38    d. The town clerk shall give notice of such hearing by the publication
    39  of  a  notice  in  at  least one newspaper of general circulation in the
    40  town, and post such notice on the town website if available,  specifying
    41  the  time  when  and  the  place where such hearing will be held, and in
    42  general terms describing the proposed resolution. Such notice  shall  be
    43  published  once  at  least five days prior to the day specified for such
    44  hearing.
    45    2. A road or road segment located within a designated town, which  has
    46  been  designated  minimum  maintenance,  shall be maintained at the same
    47  level as other roads within the town but shall not require snow and  ice
    48  removal  and  maintenance.  Such level of maintenance shall not restrict
    49  access to farmland by a farm operation eligible for agricultural assess-
    50  ment pursuant to article twenty-five-AA of the agriculture  and  markets
    51  law.    Minimum  maintenance roads shall continue to be part of the town
    52  highway system.
    53    3. a. Any person or persons owning or occupying real property abutting
    54  a road or portion thereof which has been designated  a  minimum  mainte-
    55  nance  road  may petition the town having jurisdiction over such road or
    56  portion thereof to discontinue the designation of such road as a minimum
        S. 6249                             3                            A. 6412
 
     1  maintenance road. Such petition shall be filed with  the  clerk  of  the
     2  town  having  jurisdiction  over such road. Such petition shall identify
     3  the road or portion thereof to be discontinued as a minimum  maintenance
     4  road  and set forth the reasons for such discontinuance or modification.
     5  The town board having jurisdiction over such road shall  hold  a  public
     6  hearing  upon  such  petition  within thirty days after its receipt. The
     7  town clerk shall give notice of such hearing by  the  publication  of  a
     8  notice in at least one newspaper of general circulation in the town, and
     9  post  such  notice on the town website if available, specifying the time
    10  when and the place where such hearing will be held, and in general terms
    11  describing the proposed resolution.  Such notice shall be published once
    12  at least five days prior to the day specified for such hearing.
    13    b. In the event the town board, after such public hearing,  determines
    14  that  such  designation shall continue unchanged, no additional petition
    15  may be submitted by a person or persons pursuant to this  section  until
    16  the  lapse of at least twenty-four months from the date of the filing of
    17  the previous petition filed by such person or persons.
    18    c. The town board having jurisdiction over a minimum maintenance  road
    19  may adopt a local law discontinuing such minimum maintenance road desig-
    20  nation  in  the  event  it  determines  such discontinuance to be in the
    21  public interest.
    22    4. When used in this section, unless otherwise  expressly  stated,  or
    23  unless  the  context or subject matter otherwise requires, the following
    24  terms shall have the following meanings:
    25    a. "Low-volume road" shall mean a  town  highway  or  portion  thereof
    26  located  in  a  designated  town, when such highway has an average daily
    27  traffic count of less than four hundred motor  vehicles  per  day.  Such
    28  term shall not apply to any highway or road or portion thereof which has
    29  previously  been  abandoned  pursuant  to subdivision one of section two
    30  hundred five of this article because it shall  not  have  been  used  or
    31  traveled as a highway for six years.
    32    b.  "Agricultural  land access road" shall mean a low-volume road that
    33  provides  access  to  farm  land.  Traffic  volumes  are  low  and  vary
    34  seasonally.
    35    c. "Farm access road" shall mean a low-volume road that provides prin-
    36  cipal  motor  vehicle  access  for  the  transport of goods and services
    37  necessary for effective support of a farm's daily operations to and from
    38  the primary location or center of such  operations.  Traffic  volume  is
    39  generally  low,  significantly less than four hundred motor vehicles per
    40  day, and may include occasional heavy vehicles  and  farm  equipment  as
    41  well as other motor vehicles.
    42    d.  "Recreation  land  access  road" shall mean a low-volume road that
    43  provides access to recreational land including seasonal dwellings, parks
    44  and recreational lands. Volumes can vary with  the  type  of  recreation
    45  facility, activity and season of the year.
    46    e.  "Minimum maintenance road" shall mean a low-volume agricultural or
    47  recreational access road or portion thereof with an average daily  traf-
    48  fic  count  of  less than fifty motor vehicles per day designated by the
    49  designated town as minimum maintenance pursuant to this section,  except
    50  for  a farm access road or a road which provides access to an individual
    51  year-round residence at the time it is proposed to be designated minimum
    52  maintenance.
    53    f. "Motor vehicle" shall mean a motor vehicle as  defined  by  section
    54  one hundred twenty-five of the vehicle and traffic law.
    55    g.  "Designated town" shall mean the town of Lorraine, Jefferson coun-
    56  ty.
        S. 6249                             4                            A. 6412

     1    § 2. The vehicle and traffic law is amended by adding  a  new  section
     2  124 to read as follows:
     3    §  124. Minimum maintenance road. A low-volume road or portion thereof
     4  which is designated by the  town  having  jurisdiction  over  such  road
     5  pursuant to section two hundred five-c of the highway law.
     6    § 3. Subdivision (a) of section 1683 of the vehicle and traffic law is
     7  amended by adding a new paragraph 18 to read as follows:
     8    18. Designate a road or portion thereof as a minimum maintenance road.
     9    § 4. This act shall take effect on the one hundred twentieth day after
    10  it  shall  have  become  a law and shall expire and be deemed repealed 8
    11  years after it shall have become a law. Effective immediately, the addi-
    12  tion, amendment and/or repeal of any rule or  regulation  necessary  for
    13  the  implementation  of this act on its effective date are authorized to
    14  be made and completed on or before such effective date.