A 3806: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 3806 2025-2026 Regular Sessions  IN ASSEMBLY January 30, 2025 ___________ Introduced by M. of A. BRONSON -- read once and referred to the Commit- tee 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. LBD06033-01-5 
 A. 3806 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.