Establishes clean energy goals of reducing the annual total of vehicle miles traveled within the state by 20% by the year 2050; requires state and local highway projects to comply with reductions to vehicle miles traveled targets.
STATE OF NEW YORK
________________________________________________________________________
1981--B
2023-2024 Regular Sessions
IN SENATE
January 18, 2023
___________
Introduced by Sens. GOUNARDES, HOYLMAN-SIGAL, KRUEGER, SEPULVEDA -- read
twice and ordered printed, and when printed to be committed to the
Committee on Environmental Conservation -- recommitted to the Commit-
tee on Environmental Conservation in accordance with Senate Rule 6,
sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the highway law, in relation to reductions in vehicle
miles traveled in highway projects in New York state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Vehicle miles traveled assessment working group. 1. There
2 is hereby established a vehicle miles traveled assessment working group.
3 The vehicle miles traveled assessment working group shall meet regularly
4 and shall study the options and best practices available and make recom-
5 mendations for implementing vehicle miles traveled assessments in a
6 manner which aligns with the goal of reducing annual vehicle miles trav-
7 eled within the state by 20% by 2050 and developing a plan to assess,
8 monitor, and approve a given project's impact mitigation actions. The
9 working group shall aid the commissioner of transportation in establish-
10 ing procedures to assist counties and towns seeking to comply with their
11 vehicle miles traveled assessment requirements, as outlined in sections
12 one hundred two and one hundred forty of the highway law.
13 2. The working group shall include a representative from the depart-
14 ment of transportation, the office of the governor, the department of
15 environmental conservation, the department of state, the department of
16 agriculture and markets, the office of general services, the empire
17 state development corporation, the New York energy research and develop-
18 ment authority, the port authority of New York and New Jersey, the
19 metropolitan transportation authority, the New York City department of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06183-08-4
S. 1981--B 2
1 transportation, the office of the mayor of New York City, and the New
2 York metropolitan transportation council. The working group shall
3 include representatives from relevant community organizations and other
4 necessary parties.
5 3. The working group shall report its findings and recommendations to
6 the commissioner of transportation, the governor, the temporary presi-
7 dent of the senate and the speaker of the assembly no later than twelve
8 months after the effective date of this section. Such report shall be
9 made publicly available on the department of transportation's website.
10 § 2. The highway law is amended by adding a new section 10-h to read
11 as follows:
12 § 10-h. Reductions to vehicle miles traveled in state highway
13 projects. 1. Legislative finding and declaration. This legislature does
14 hereby find and declare that the final scoping plan adopted by the New
15 York state climate action council pursuant to chapter one hundred six of
16 the laws of two thousand nineteen deems it essential that the legisla-
17 ture enact legislation which shall significantly reduce annual vehicle
18 miles traveled in New York State. The legislature further finds and
19 declares that achieving a reduction in annual vehicle miles traveled by
20 twenty percent by two thousand fifty in New York State is necessary to
21 enable achievement of the climate justice and emission reduction
22 mandates in chapter one hundred six of the laws of two thousand nine-
23 teen. Furthermore, the legislature finds that highway capacity expan-
24 sion projects, as defined by subdivision two of this section, result in
25 induced demand, whereas more vehicles utilize a highway after a high-
26 way capacity expansion project, and therefore, these projects do not
27 significantly reduce pollution, congestion, or vehicle miles traveled.
28 2. Definitions. As used in this section, the following terms shall
29 have the following meanings:
30 (a) "Vehicle miles traveled" shall mean a measurement of the total
31 miles of motor vehicle traffic in New York state over a one-year period.
32 (b) "Highway capacity expansion project" shall mean a project that
33 expands highway capacity, including but not limited to the construction
34 of new highways, highway widening projects, and projects that establish
35 grade separation at an intersection, excluding auxiliary lanes with a
36 length of less than two thousand five hundred feet.
37 (c) "Vehicle miles traveled impact assessment" shall mean an assess-
38 ment conducted to determine the net change of vehicle miles traveled by
39 a highway capacity expansion project.
40 3. Vehicle miles traveled assessment. Prior to the approval of any
41 construction, reconstruction, or maintenance of state highways that
42 would be considered a highway capacity expansion project, as defined by
43 paragraph (b) of subdivision two of this section, the commissioner of
44 transportation shall conduct a vehicle miles traveled impact assessment,
45 as defined by paragraph (c) of subdivision two of this section, to eval-
46 uate whether the project aligns with the goal of reducing annual vehicle
47 miles traveled within the state by twenty percent by two thousand fifty.
48 If a highway capacity expansion project does not align with the goal of
49 reducing annual vehicle miles traveled within the state by twenty
50 percent by two thousand fifty, the project shall be altered to align
51 with these targets by changing its design or sufficiently offsetting its
52 net change to vehicle miles traveled with impact mitigation efforts, as
53 outlined in subdivision four of this section.
54 4. Impact mitigation. (a) Impact mitigation shall be deemed sufficient
55 if the cumulative net change on vehicle miles traveled from impact miti-
56 gation actions and a highway capacity expansion project over the same
S. 1981--B 3
1 period of time align with the goal of reducing annual vehicle miles
2 traveled within the state by twenty percent by two thousand fifty.
3 (b) Impact mitigation shall include projects, programs, and operation
4 modifications in one or more of the following areas:
5 (i) alternative means of transportation infrastructure, including but
6 not limited to public transit expansion, public transit service improve-
7 ments, pedestrian and cyclist transportation infrastructure expansion
8 and improvements, and micro-mobility transportation infrastructure
9 expansion and improvements;
10 (ii) transportation demand management, including but not limited to
11 vanpool and shared vehicle programs, remote work, and broadband access
12 expansion;
13 (iii) parking demand management, including but not limited to
14 reductions in parking requirements and parking cost adjustments;
15 (iv) changes to land use which reduce vehicle miles traveled, includ-
16 ing but not limited to residential density increases, mixed-use develop-
17 ment, and public transit oriented development; and
18 (v) other measures which reduce vehicle miles traveled, as determined
19 by the commissioner.
20 (c) Whenever feasible, impact mitigation actions shall be conducted in
21 at least one of the municipalities where a highway capacity expansion
22 project shall take place. The commissioner is hereby authorized to
23 determine whether these impact mitigation actions are sufficiently
24 localized to reduce vehicle net miles traveled in the communities where
25 a highway capacity expansion project will result in a net change that
26 increases vehicle miles traveled or insufficiently reduces vehicle miles
27 traveled.
28 5. Technical advisory committee. The commissioner shall appoint a
29 technical advisory committee made up of technical experts to advise the
30 commissioner in the vehicle miles traveled assessment process. The
31 committee members shall be appointed based on demonstrated expertise in
32 travel demand modeling, traffic forecasting or transportation-related
33 greenhouse gas emissions assessment and analysis and other expertise as
34 determined necessary by the commissioner. The committee shall evaluate
35 and recommend tools for calculating the vehicle miles traveled and
36 induced demand of a highway capacity expansion project, evaluate and
37 recommend additional impact mitigation actions which reduce vehicle
38 miles traveled, and identify and recommend best practices for calculat-
39 ing the net change of vehicle miles traveled for a highway capacity
40 expansion project inclusive of impact mitigation measures. The commis-
41 sioner shall hereby be authorized to request the technical advisory
42 committee assess and provide recommendations on other elements of the
43 vehicle miles traveled assessment process, as they deem necessary.
44 6. Reporting. The commissioner shall submit a report every twenty-four
45 months to the governor and the legislature which includes a list of
46 state, county, and town highway capacity expansion projects approved in
47 New York. The report shall include the results of the vehicle miles
48 traveled assessment for each highway capacity expansion project includ-
49 ing any impact mitigation actions and their status. Such report shall
50 also be made publicly available on the department's website.
51 § 3. Section 102 of the highway law is amended by adding a new subdi-
52 vision 19 to read as follows:
53 19. Conduct a vehicle miles traveled assessment, as defined by subdi-
54 vision two of section ten-h of this chapter, prior to the approval of
55 any construction, reconstruction, or maintenance of town highways that
56 would be considered a highway capacity expansion project, as defined in
S. 1981--B 4
1 subdivision two of section ten-h of this chapter. If a highway capacity
2 expansion project does not result in a reduction of vehicle miles trav-
3 eled which aligns with the goal of reducing annual vehicle miles trav-
4 eled within the state by twenty percent by two thousand fifty, the
5 project shall be altered to align with these targets by changing its
6 design or sufficiently offsetting its net change to vehicle miles trav-
7 eled with impact mitigation efforts, as outlined in subdivision four of
8 section ten-h of this chapter. The county superintendent may request any
9 resources and technical assistance necessary from the commissioner to
10 complete the vehicle miles traveled assessment.
11 § 4. Section 140 of the highway law is amended by adding a new subdi-
12 vision 20 to read as follows:
13 20. Conduct a vehicle miles traveled assessment, as defined by subdi-
14 vision two of section ten-h of this chapter, prior to the approval of
15 any construction, reconstruction, or maintenance of town highways that
16 would be considered a highway capacity expansion project, as defined in
17 subdivision two of section ten-h of this chapter. If a highway capacity
18 expansion project does not result in a reduction of vehicle miles trav-
19 eled which aligns with the goal of reducing annual vehicle miles trav-
20 eled within the state by twenty percent by two thousand fifty, the
21 project shall be altered to align with these targets by changing its
22 design or sufficiently offsetting its net change to vehicle miles trav-
23 eled with impact mitigation efforts, as outlined in subdivision four of
24 section ten-h of this chapter. The town superintendent may request any
25 resources and technical assistance necessary from the commissioner of
26 transportation to complete the vehicle miles traveled assessment.
27 § 5. This act shall take effect immediately; provided that sections
28 two, three, and four of this act shall take effect on the first of
29 January two years after it shall have become a law.