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.
Ayes (50): Adams, Addabbo, Alesi, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Huntley, Johnson, Kennedy, Klein, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Peralta, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (12): Avella, Dilan, Duane, Espaillat, Hassell-Thomps, Krueger, Montgomery, Oppenheimer, Parker, Perkins, Rivera, Squadron
Ayes (43): Addabbo, Alesi, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Huntley, Johnson, Kennedy, Klein, Lanza, Larkin, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Seward, Skelos, Smith, Stewart-Cousin, Valesky, Young, Zeldin
Nays (18): Adams, Avella, Ball, Dilan, Duane, Espaillat, Hassell-Thomps, Krueger, LaValle, Montgomery, Oppenheimer, Parker, Peralta, Perkins, Rivera, Serrano, Squadron, Stavisky
TITLE OF BILL: 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
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 laws allows the state to modify, abandon or close town roads that pass through 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 disrupts local transportation without compensation 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: 2009/10: S.321 Transportation; A.448 Transportation 2007/08: S.4113 Transportation; A.7082 Transportation.
FISCAL IMPLICATIONS: None to the State
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 343 A. 149 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y (PREFILED) January 5, 2011 ___________IN SENATE -- Introduced by Sen. LITTLE -- 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. SAYWARD -- 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: Section 1. Section 212 of the highway law, as amended by chapter 161 of the laws of 1988, is amended to read as follows: S 212. Changing location of highways over certain lands owned and occupied by the state. 1. If a highway passes over or through lands wholly owned and occupied by the state, the location of such portion of such highway as passes through such lands may be altered and changed, or the same may be abandoned or the use thereof as a highway discontinued with the consent and approval of the state authority having jurisdiction or control over such lands by an order directing such change in location, abandonment or discontinuance. Such order shall contain a description of that portion of the highway the location of which has been changed, abandoned or discontinued, and a description of the new location thereof, if any, and shall be filed in the office of the state authority having control of such lands. 2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY HIGHWAY WITH- IN THE ADIRONDACK PARK, AS DEFINED IN SUBDIVISION ONE OF SECTION 9-0101 OF THE ENVIRONMENTAL CONSERVATION LAW. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01285-01-1