N.Y. Public Authorities Law § 1305: Formulation, filing and adoption of action plan; amendments

§ 1305. Formulation, filing and adoption of action plan; amendments.

The authority shall formulate an action plan for transportation within

the district. In formulating such action plan, the authority shall

consult and cooperate with the commissioner, the capital district

regional planning commission and the planning authorities in the area of

its operations, and shall utilize state, local or regional

transportation planning. The authority shall request and use existing

studies, plans, surveys, data and other materials completed by or under

development by any state agency or municipality or political subdivision

of the state. The authority shall file copies of such plan with the

commissioner, the capital district regional planning commission, the

legislatures of the counties of Albany, Schenectady, Rensselaer and

Saratoga, and with the legislative body of any other county within the

district affected by such plan, as hereinafter stated, except where

applications for state or federal aid have been filed for any particular

transportation undertaking prior to the enactment of this legislation.

The plan shall contain information regarding the transportation system

that the authority intends to provide including information regarding

the facilities connected therewith, the services the authority

contemplates providing and the estimated costs and the proposed method

of financing. During sixty days after the filing of the action plan with

the commissioner, the capital district regional planning commission and

with the legislative bodies as aforesaid, said plan shall be available

for public inspection at the office or offices of the authority and at

such other places in the areas affected, within the district, as the

authority may designate. Not earlier than thirty days after the filing

of said action plan with the commissioner, the capital district regional

planning commission and such legislative bodies, a public hearing on

said plan shall be held by the authority. Notice of such a hearing shall

be given to the commissioner, the capital district regional planning

commission, and the legislative bodies as aforesaid and by publication

once a week for two weeks prior to the said hearing at the time and

place fixed by the authority in newspapers of general circulation within

the areas affected, to be selected by the authority. The last

publication date shall not be less than five days before said hearing.

Within thirty days following said public hearing, the authority shall

provide a transcript of such hearing to the commissioner, the capital

district regional planning commission and the legislative bodies as

aforesaid, together with any amendments the authority may propose to the

action plan. The authority shall request approval of the action plan,

including such amendments as the authority may propose, from the

commissioner and the aforementioned legislative bodies. Any part of said

plan which is disapproved by a county because it alters existing

services or the financing thereof within said county shall not become

operative. The commissioner may disapprove any part of said plan if he

finds that it conflicts with a state-wide comprehensive master plan for

transportation or the capital district transportation plan or, in the

absence of such plans, would have an adverse effect upon sound

transportation development policy and planning. Any part of such plan so

disapproved by the commissioner shall not become operative. Disapproval

of part or parts of the plan shall not make the entire plan inoperative.

If any of such legislative bodies fail to act within sixty days or in

the case of the commissioner within ninety days after approval is

requested, said failure shall be deemed approval, and the authority may

adopt the action plan by a majority vote of its membership and may

include changes, if any, recommended by said commissioner, planning

commission or said legislative bodies.

The action plan may be amended from time to time in the same manner

using the procedures outlined herein for the original adoption, except

that a proposed amendment which is recommended by the legislative body

or bodies of all the counties affected thereby and approved by the

commissioner may be embodied or continued by a majority vote of the

authority without additional hearings thereon as required for the

amendments proposed to be made.