STATE OF NEW YORK
________________________________________________________________________
2714
2023-2024 Regular Sessions
IN SENATE
January 24, 2023
___________
Introduced by Sens. KENNEDY, BAILEY, BRISPORT, CLEARE, HOYLMAN-SIGAL,
MAY, SEPULVEDA, THOMAS -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the highway law, in relation to enabling safe access to
public roads for all users by utilizing complete street design princi-
ples
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (a) of section 331 of the highway law, as added
2 by chapter 398 of the laws of 2011, is amended to read as follows:
3 (a) For all state, county and local transportation projects that are
4 undertaken by the department or receive both federal and state funding
5 and are subject to department of transportation oversight, the depart-
6 ment or agency with jurisdiction over such projects shall consider the
7 convenient access and mobility on the road network by all users of all
8 ages, including motorists, pedestrians, bicyclists, and public transpor-
9 tation users through the use of complete street design features in the
10 planning, design, construction, reconstruction and rehabilitation, [but
11 not including resurfacing, maintenance, or pavement recycling of such
12 projects] resurfacing, maintenance and pavement recycling of such
13 projects.
14 § 2. Paragraph (iii) of subdivision (c) of section 331 of the highway
15 law, as added by chapter 398 of the laws of 2011, is amended to read as
16 follows:
17 (iii) demonstrated lack of need as determined by factors, including,
18 but not limited to, land use, current and projected traffic volumes,
19 including population density, or [demonstrates] demonstrated lack of
20 community support; or
21 § 3. This act shall take effect immediately, provided that it shall
22 not apply to transportation projects undertaken or approved prior to the
23 date on which this act shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01687-01-3
