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S05411 Text:
S T A T E O F N E W Y O R K
________________________________________________________________________

5411--A
Cal. No. 966

2011-2012 Regular Sessions

I N S E N A T E

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 S 2. The highway law is amended by adding a new section 331 to read as
13 follows:
14 S 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 S 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 S 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 S 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.

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