New York Laws
Title 11-C - Capital District Transportation Authority
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.