NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8273A
SPONSOR: Fahy
 
TITLE OF BILL:
An act to amend the highway law, in relation to consolidated local high-
way assistance payments ("CHIPS")
 
PURPOSE::
Bill to allow CHIPS funds to go towards bicycle lane and Greenway trail
construction and maintenance.
 
SUMMARY OF PROVISIONS::
Section 1. Amends the highway law to allow CHIPS funds to be put towards
the construction, operation, and/or maintenance of bicycle lanes, Green-
way trails, and other trails for non-motorized use.
Section 2. Sets the effective date.
 
JUSTIFICATION::
The Consolidated Local Street and Highway Improvement Program (CHIPS)
provides essential funds for New York's counties, cities, towns, and
villages to build and maintain roads and bridges. However, the current
configuration of the program disincentivizes the creation of bicycle
lanes and trails for non-motorized use. The construction or maintenance
of bicycle lanes or non-motorized use trails is currently not an eligi-
ble use of CHIPS funding. Allowing localities to use CHIPS funds for
this purpose would encourage investment in bike lanes and non-motorized
use trails by providing a funding stream for their construction and
maintenance.
The legislation is needed to ensure that New York State is encouraging
investment in affordable, low-carbon modes of transportation. By facili-
tating investment in designated non-motorized use lanes and trails that
are protected from vehicular traffic, this legislation would also
improve safety for pedestrians and cyclists.
 
LEGISLATIVE HISTORY::
None.
 
FISCAL IMPLICATIONS::
None.
 
EFFECTIVE DATE::
This act shall take effect 180 days after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
8273--A
2023-2024 Regular Sessions
IN ASSEMBLY
November 27, 2023
___________
Introduced by M. of A. FAHY, THIELE, SEAWRIGHT, SIMON, LUNSFORD, SHIMSKY
-- read once and referred to the Committee on Transportation -- recom-
mitted to the Committee on Transportation in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the highway law, in relation to consolidated local high-
way assistance payments ("CHIPS")
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 10-c of the highway law, as
2 amended by chapter 20 of the laws of 1983, is amended and a new subdivi-
3 sion 1-a is added to read as follows:
4 1. Notwithstanding any other provisions of this chapter or any other
5 law, and subject to an appropriation made therefor and in accordance
6 with the provisions of this section and with the rules and regulations
7 promulgated by the commissioner in connection therewith, on and after
8 the first day of April, nineteen hundred eighty-two, a consolidated
9 local highway assistance program is hereby established for the purpose
10 of making payments toward the construction, operation and/or maintenance
11 of highways, bridges and highway-railroad crossings, including bicycle
12 paths, Greenway trails, and other paved trails for non-motorized use,
13 that are not on the state highway system. For purposes of this section,
14 such program shall apply to any county, city, town or village highway,
15 bridge and/or highway-railroad crossing, including bicycle paths, Green-
16 way trails, and other paved trails for non-motorized use, within the
17 state that is not on the state highway system and not under the mainte-
18 nance and/or operational jurisdiction of the state. The commissioner
19 shall promulgate all necessary rules and regulations to carry out the
20 program so that an equitable distribution of aid shall be made for the
21 construction, operation and/or maintenance of any county, city, town and
22 village highways, bridges and highway-railroad crossings.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13556-02-4
A. 8273--A 2
1 1-a. For purposes of this section the following terms shall have the
2 following meanings:
3 (a) "Bicycle path" shall have the same meaning as in section one
4 hundred two-b of the vehicle and traffic law.
5 (b) "Greenway trail" means the trail established pursuant to section
6 44-0121 of the environmental conservation law.
7 § 2. This act shall take effect on the one hundred eightieth day
8 after it shall have become a law.