senate Bill S5411A

Signed by Governor

Enables safe access to public roads for all users by utilizing complete street design principles

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 18 / May / 2011
    • REFERRED TO TRANSPORTATION
  • 24 / May / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 02 / Jun / 2011
    • 1ST REPORT CAL.966
  • 06 / Jun / 2011
    • 2ND REPORT CAL.
  • 07 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 14 / Jun / 2011
    • AMENDED ON THIRD READING 5411A
  • 20 / Jun / 2011
    • PASSED SENATE
  • 20 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2011
    • REFERRED TO WAYS AND MEANS
  • 20 / Jun / 2011
    • SUBSTITUTED FOR A8366
  • 20 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.508
  • 20 / Jun / 2011
    • PASSED ASSEMBLY
  • 20 / Jun / 2011
    • RETURNED TO SENATE
  • 15 / Aug / 2011
    • DELIVERED TO GOVERNOR
  • 15 / Aug / 2011
    • SIGNED CHAP.398

Summary

Enables safe access to public roads for all users by utilizing complete street design principles.

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Bill Details

See Assembly Version of this Bill:
A8366
Versions:
S5411
S5411A
Legislative Cycle:
2011-2012
Law Section:
Highway Law
Laws Affected:
Add §331, Hway L

Sponsor Memo

BILL NUMBER:S5411A

TITLE OF BILL:
An act
to amend the highway law, in relation to enabling safe access to public
roads for all users by utilizing complete street design principles

PURPOSE:
Enable safe access to public roads for all users by utilizing
complete street design principles

SUMMARY OF PROVISIONS:
Section 1 of this bill provides legislative findings.

Section 2 subdivision (a) of this bill would provide for the
consideration of complete street design features for projects
undertaken by the Department of Transportation or undertaken by
municipalities and public authorities that receive both state and
federal funding and are subject to department of transportation
oversight. Subdivision (b) of this section provides a list of
features and elements that may be considered in complete street
design. Subdivision (c) of this section provides that if complete
street design features are not considered, a publicly available
document shall set forth the reason why these features were not
considered. This subdivision also lists exceptions that would impede
the use of complete street features. Subdivision (d) provides that
this section shall not require the department, public authority or
municipality to expend any monies for complete street design, other
than monies provided by the state and federal governments for
complete street features. Subdivision (d) does not preclude the
department, public authority or municipality from spending monies
from its own budget for complete street design features.

Section 3 of this bill provides that the Department of Transportation
shall produce a report within two years of the effective date of this
section demonstrating how the Department has complied with this
section and changed its procedures to institutionalize complete
street design features into the planning, project scoping, design and
implementation of projects subject to this section.
The report shall include review and guidance regarding certain highway
features. The report should also include any best practices
identified by the Department, whether created by the department or
identified from another source.

JUSTIFICATION:
Working collaboratively with all
interested
stakeholders the Legislature and the Governor have agreed to
establish a complete street design policy that safely and cost
effectively facilitates access and improved mobility for pedestrians,
cyclists, mass transportation riders and motorists of all ages and
abilities. Such a policy benefits our environment through improved
air quality, decreased traffic congestion and the preservation of our
natural assets. Our citizens' benefit, not only from the
environmental advantages derived from a complete street policy, but


from the health benefits associated with active forms of
transportation.

This bill establishes a complete street policy that will consider the
needs of all users of our roads by encouraging good planning to
benefit a variety of citizens and encourage sustainable communities
while at the same time recognizing the economic hardship facing our
governments today.

This legislation would ensure that complete streets design principles
are utilized where they would be most needed, most effective, and
most beneficial to improve safety for all who use our roadways

LEGISLATIVE HISTORY:
2010: S.5711-B/A.8587-B Passed the Senate

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
One hundred and eightieth day after it shall have
become law.

view bill 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:

  Section 1. Legislative findings. It is hereby found and declared  that
to  achieve  a cleaner, greener transportation system the transportation
plans of New York state should consider the needs of all  users  of  our
roadways   including   pedestrians,  bicyclists,  public  transportation
riders, motorists and citizens of  all  ages  and  abilities,  including
children,  the  elderly  and the disabled. By encouraging good planning,
more citizens will achieve the health benefits  associated  with  active
forms  of  transportation  while traffic congestion and auto related air
pollution will be reduced.  Therefore, it shall be  the  policy  of  the
state  to  consider people of all ages and abilities and all appropriate
forms of transportation when planning roadway projects.
  S 2. The highway law is amended by adding a new section 331 to read as
follows:
  S 331. CONSIDERATION OF COMPLETE STREET DESIGN.  (A)  FOR  ALL  STATE,
COUNTY  AND  LOCAL  TRANSPORTATION  PROJECTS  THAT ARE UNDERTAKEN BY THE
DEPARTMENT OR RECEIVE BOTH FEDERAL AND STATE FUNDING AND ARE SUBJECT  TO
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

JURISDICTION OVER SUCH PROJECTS SHALL CONSIDER THE CONVENIENT ACCESS AND
MOBILITY ON THE ROAD NETWORK BY ALL USERS OF ALL AGES, INCLUDING  MOTOR-
ISTS,  PEDESTRIANS,  BICYCLISTS, AND PUBLIC TRANSPORTATION USERS THROUGH
THE  USE  OF  COMPLETE  STREET  DESIGN FEATURES IN THE PLANNING, DESIGN,
CONSTRUCTION,  RECONSTRUCTION  AND  REHABILITATION,  BUT  NOT  INCLUDING
RESURFACING, MAINTENANCE, OR PAVEMENT RECYCLING OF SUCH PROJECTS.
  (B)  COMPLETE  STREET DESIGN FEATURES ARE ROADWAY DESIGN FEATURES THAT
ACCOMMODATE AND FACILITATE CONVENIENT ACCESS AND MOBILITY BY ALL  USERS,
INCLUDING  CURRENT  AND PROJECTED USERS, PARTICULARLY PEDESTRIANS, BICY-
CLISTS AND INDIVIDUALS OF ALL AGES AND  ABILITIES.  THESE  FEATURES  MAY
INCLUDE, BUT NEED NOT BE LIMITED TO: SIDEWALKS, PAVED SHOULDERS SUITABLE
FOR  USE  BY  BICYCLISTS,  LANE  STRIPING, BICYCLE LANES, SHARE THE ROAD
SIGNAGE, CROSSWALKS, ROAD DIETS, PEDESTRIAN CONTROL  SIGNALIZATION,  BUS
PULL  OUTS,  CURB  CUTS, RAISED CROSSWALKS AND RAMPS AND TRAFFIC CALMING
MEASURES; AND RECOGNIZE THAT THE NEEDS OF USERS OF THE ROAD NETWORK VARY
ACCORDING TO A RURAL, URBAN AND SUBURBAN CONTEXT.
  (C) THIS SECTION SHALL NOT APPLY IF IT HAS  BEEN  DETERMINED  AND  SET
FORTH IN PUBLICLY AVAILABLE DOCUMENTS THAT ONE OF THE FOLLOWING EXISTS:
  (I)  USE  BY  BICYCLISTS AND PEDESTRIANS IS PROHIBITED BY LAW, SUCH AS
WITHIN INTERSTATE HIGHWAY CORRIDORS; OR
  (II) THE COST WOULD BE DISPROPORTIONATE TO THE NEED AS  DETERMINED  BY
FACTORS  INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: LAND USE CONTEXT;
CURRENT AND PROJECTED TRAFFIC VOLUMES; AND POPULATION DENSITY; OR
  (III) DEMONSTRATED LACK OF NEED AS DETERMINED BY  FACTORS,  INCLUDING,
BUT  NOT  LIMITED  TO,  LAND USE, CURRENT AND PROJECTED TRAFFIC VOLUMES,
INCLUDING POPULATION DENSITY, OR DEMONSTRATES LACK OF COMMUNITY SUPPORT;
OR
  (IV) USE OF THE DESIGN FEATURES WOULD HAVE AN ADVERSE IMPACT ON, OR BE
CONTRARY TO, PUBLIC SAFETY.
  (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE  DEPART-
MENT  OR  AGENCY  WITH  JURISDICTION  OVER A PROJECT TO EXPEND MONIES IN
ACCORDANCE WITH SUBDIVISION (A) OF THIS SECTION THAT EXCEED  THE  AMOUNT
OF STATE AND FEDERAL FUNDING FOR COMPLETE STREET DESIGN FEATURES.
  S 3. (a) No later than two years after the effective date of this act,
the  department  of transportation shall publish a report showing how it
has complied with section 331 of the highway law and changed its  proce-
dures to institutionalize complete street design features into planning,
project  scoping,  design and implementation of the required highway and
road projects. The report shall  include,  but  not  be  limited  to,  a
discussion  of the review of and revisions to various guidance documents
regarding lane width, design speed, average  daily  traffic  thresholds,
level  of service and roadway classification. The report shall also show
any best practices that the department  of  transportation  utilized  in
complying with section 331 of the highway law.
  (b)  In  identifying such best practices, consideration shall be given
to the procedures for identifying the needs of the mix of users, includ-
ing primary and secondary users and the identification of barriers.  The
department of transportation shall consult with transportation, land-use
and environmental officials, including representatives from:
  (i) Counties, cities and towns;
  (ii) Metropolitan planning organizations;
  (iii) Public transit operators;
  (iv) Relevant state agencies; and
  (v) Other relevant stakeholders, including, but not limited to, repre-
sentatives from disability rights  groups,  aging  groups,  bicycle  and
pedestrian advocates, and developers.

S. 5411--A                          3

  S 4. This act and/or any failure to comply with the provisions of this
act  shall  not be admissible as evidence against the state, any munici-
pality or public authority in any claim for monetary damages against the
state, a municipality or a public authority.
  S 5. This act shall take effect on the one hundred eightieth day after
it  shall  have become a law; provided, however, that this act shall not
apply to transportation projects undertaken or  approved  prior  to  the
date on which this act shall have become a law.

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