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A 11009

Relates to liability of the state for damages caused by reported defects and potholes

2025 Regular Session Introduced by Chris Eachus and 1 co-sponsor

The bill shifts winter liability for highway defects to require timely public reporting and a 14-day repair window, plus an online defect reporting/notification system.

REFERRED TO TRANSPORTATION
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Bill Summary · A 11009

Bill Summary – A. 11009 (2025-2026, New York)

Purpose and intent

  • This bill aims to modify how the State of New York handles liability for damages stemming from defects and potholes on state-maintained highways and the thruway.
  • It also creates an online, interactive mechanism for the public to report highway defects and potholes, and to receive notifications when repairs are completed.

Key provisions

1) Liability framework for defects and potholes (Highway Law § 58)

  • The state is generally not liable for damages caused by defects on state highways between November 16 and the last day of April, except if:
    • The defect that caused the damage was reported by telephone or via an online report to the designated reporting channel, and
    • Fourteen days have elapsed from the date of the initial report without repair.
  • During May 1 to November 15, the state’s liability framework applies to highways maintained under a system adopted by the Commissioner of Transportation (per new authority in the bill).
  • The liability otherwise remains as currently provided by law, notwithstanding state construction, improvement, or maintenance.
  • The clause does not extend liability for defects in bridges over which the state has no control.
  • Within incorporated villages, the state must maintain a pavement width equal to the width of the state-constructed/improved pavement in that village, measured from the center line on department plans.
  • The state would be liable for damages to persons or property only when the damage results from the defective condition of the specified portion of the improved highway within the village limits.

2) Online defect reporting and notification system (Transportation Law § 14, new subdivision 37)

  • The Commissioner must establish an interactive website for:
    • Reporting locations of defects and potholes on the state highway system and the New York State Thruway.
    • Providing, upon request, notification when repairs to a reported defect or pothole are completed.
    • Posting the locations of each reported defect or pothole on the website until repaired.

3) Effective date

  • The act would take effect 120 days after becoming law.
  • Regulations necessary to implement the act may be enacted and in place on or before the effective date.

Who/what is affected

  • State highways and the New York State Thruway, including associated liability exposure for damages caused by defects and potholes.
  • Residents, drivers, and property owners who may report defects or potholes.
  • Incorporated villages within the state where the state maintains roadways, due to pavement width requirements and liability considerations.
  • The New York State Department of Transportation (NYDOT), which would implement the reporting website and manage liability rules under the new framework.

Procedural and timeline notes

  • Introduced and referred to the Assembly Committee on Transportation on April 17, 2026.
  • The act creates a structured reporting process with a 14-day repair window threshold for winter months (Nov 16–Apr 30) to trigger liability, subject to the reporting condition.
  • The website reporting system and notification features would be established by the Commissioner, with live posting of unrepaired defect locations until fixed.
  • Implementation timeline: effective 120 days after enactment; regulatory changes authorized to be adopted promptly to meet the effective date.

Potential impact (high-level)

  • Shifts in liability risk: The state’s liability for winter-season defects may depend on timely reporting and a minimum time to repair, potentially increasing accountability for unaddressed issues reported by the public.
  • Public transparency: A new interactive reporting portal would improve accessibility to defect locations and repair status.
  • Administrative workload: NYDOT staff would need to develop, deploy, and maintain the reporting system and manage ongoing liability determinations under the revised rules.

Compiled from official sources — confirm details with the bill’s official record.

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