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S05411 Summary:

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S05411 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5411--A
            Cal. No. 966
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                      May 18, 2011
                                       ___________
 
        Introduced  by  Sens.  FUSCHILLO,  DILAN,  AVELLA, BRESLIN, DIAZ, DUANE,
          FLANAGAN, GRISANTI, HASSELL-THOMPSON, KENNEDY, KLEIN, KRUEGER, LARKIN,
          LITTLE, MONTGOMERY, OPPENHEIMER, PARKER, PERKINS,  SAMPSON,  STAVISKY,
          VALESKY  --  read  twice  and  ordered printed, and when printed to be

          committed to the Committee on  Transportation  --  reported  favorably
          from  said  committee  and  committed  to  the Committee on Finance --
          reported favorably from said committee, ordered to  first  and  second
          report,  ordered  to  a  third reading, amended and ordered reprinted,
          retaining its place in the order of third reading
 
        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. Legislative findings. It is hereby found and declared  that
     2  to  achieve  a cleaner, greener transportation system the transportation
     3  plans of New York state should consider the needs of all  users  of  our

     4  roadways   including   pedestrians,  bicyclists,  public  transportation
     5  riders, motorists and citizens of  all  ages  and  abilities,  including
     6  children,  the  elderly  and the disabled. By encouraging good planning,
     7  more citizens will achieve the health benefits  associated  with  active
     8  forms  of  transportation  while traffic congestion and auto related air
     9  pollution will be reduced.  Therefore, it shall be  the  policy  of  the
    10  state  to  consider people of all ages and abilities and all appropriate
    11  forms of transportation when planning roadway projects.
    12    § 2. The highway law is amended by adding a new section 331 to read as
    13  follows:
    14    § 331. Consideration of complete street design.  (a)  For  all  state,
    15  county  and  local  transportation  projects  that are undertaken by the

    16  department or receive both federal and state funding and are subject  to
    17  department  of  transportation  oversight, the department or agency with
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11543-02-1
        S. 5411--A                          2
 
     1  jurisdiction over such projects shall consider the convenient access and
     2  mobility on the road network by all users of all ages, including  motor-
     3  ists,  pedestrians,  bicyclists, and public transportation users through
     4  the  use  of  complete  street  design features in the planning, design,

     5  construction,  reconstruction  and  rehabilitation,  but  not  including
     6  resurfacing, maintenance, or pavement recycling of such projects.
     7    (b)  Complete  street design features are roadway design features that
     8  accommodate and facilitate convenient access and mobility by all  users,
     9  including  current  and projected users, particularly pedestrians, bicy-
    10  clists and individuals of all ages and  abilities.  These  features  may
    11  include, but need not be limited to: sidewalks, paved shoulders suitable
    12  for  use  by  bicyclists,  lane  striping, bicycle lanes, share the road
    13  signage, crosswalks, road diets, pedestrian control  signalization,  bus
    14  pull  outs,  curb  cuts, raised crosswalks and ramps and traffic calming

    15  measures; and recognize that the needs of users of the road network vary
    16  according to a rural, urban and suburban context.
    17    (c) This section shall not apply if it has  been  determined  and  set
    18  forth in publicly available documents that one of the following exists:
    19    (i)  use  by  bicyclists and pedestrians is prohibited by law, such as
    20  within interstate highway corridors; or
    21    (ii) the cost would be disproportionate to the need as  determined  by
    22  factors  including, but not limited to, the following: land use context;
    23  current and projected traffic volumes; and population density; or
    24    (iii) demonstrated lack of need as determined by  factors,  including,
    25  but  not  limited  to,  land use, current and projected traffic volumes,

    26  including population density, or demonstrates lack of community support;
    27  or
    28    (iv) use of the design features would have an adverse impact on, or be
    29  contrary to, public safety.
    30    (d) Nothing in this section shall be construed to require the  depart-
    31  ment  or  agency  with  jurisdiction  over a project to expend monies in
    32  accordance with subdivision (a) of this section that exceed  the  amount
    33  of state and federal funding for complete street design features.
    34    § 3. (a) No later than two years after the effective date of this act,
    35  the  department  of transportation shall publish a report showing how it
    36  has complied with section 331 of the highway law and changed its  proce-
    37  dures to institutionalize complete street design features into planning,

    38  project  scoping,  design and implementation of the required highway and
    39  road projects. The report shall  include,  but  not  be  limited  to,  a
    40  discussion  of the review of and revisions to various guidance documents
    41  regarding lane width, design speed, average  daily  traffic  thresholds,
    42  level  of service and roadway classification. The report shall also show
    43  any best practices that the department  of  transportation  utilized  in
    44  complying with section 331 of the highway law.
    45    (b)  In  identifying such best practices, consideration shall be given
    46  to the procedures for identifying the needs of the mix of users, includ-
    47  ing primary and secondary users and the identification of barriers.  The
    48  department of transportation shall consult with transportation, land-use
    49  and environmental officials, including representatives from:
    50    (i) Counties, cities and towns;

    51    (ii) Metropolitan planning organizations;
    52    (iii) Public transit operators;
    53    (iv) Relevant state agencies; and
    54    (v) Other relevant stakeholders, including, but not limited to, repre-
    55  sentatives from disability rights  groups,  aging  groups,  bicycle  and
    56  pedestrian advocates, and developers.
        S. 5411--A                          3
 
     1    § 4. This act and/or any failure to comply with the provisions of this
     2  act  shall  not be admissible as evidence against the state, any munici-
     3  pality or public authority in any claim for monetary damages against the
     4  state, a municipality or a public authority.
     5    § 5. This act shall take effect on the one hundred eightieth day after
     6  it  shall  have become a law; provided, however, that this act shall not
     7  apply to transportation projects undertaken or  approved  prior  to  the

     8  date on which this act shall have become a law.