NY State Senate Bill 2009-S5711

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2010	referred to transportation delivered to assembly passed senate
Jun 14, 2010	amended on third reading 5711b
May 03, 2010	advanced to third reading
Apr 28, 2010	2nd report cal.
Apr 27, 2010	1st report cal.459
Apr 16, 2010	print number 5711a
Apr 16, 2010	amend (t) and recommit to transportation
Jan 06, 2010	referred to transportation
May 29, 2009	referred to transportation

Votes

- Jun 17, 2010 - Floor Vote
  S5711
  
  57
  
  Aye
  
  4
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2010
      
      aye (57)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      nay (4)
      
      LaValle
      
      Maziarz
      
      Ranzenhofer
      
      Skelos
      
      excused (1)
      
      Morahan
  Apr 27, 2010 - Transportation Committee Vote
  S5711
  
  12
  
  Aye
  
  2
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: Apr 27, 2010
      
      aye (12)
      
      Addabbo Jr.
      
      Aubertine
      
      Diaz
      
      Dilan
      
      Foley
      
      Fuschillo
      
      Lanza
      
      Perkins
      
      Savino
      
      Squadron
      
      Stavisky
      
      Valesky
      
      nay (2)
      
      Volker
      
      Young
      
      aye wr (5)
      
      Johnson
      
      Larkin
      
      Libous
      
      Nozzolio
      
      Robach

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2009-S5711 - Details

See Assembly Version of this Bill:: A8587
Current Committee:: Assembly Transportation
Law Section:: Highway Law
Laws Affected:: Amd §10, Hway L
Versions Introduced in 2011-2012 Legislative Session:: S1332, A1863

2009-S5711 - Summary

Enables safe access to public roads for all users by requiring that all transportation improvements shall improve safety, access, and mobility for all travelers regardless of age or ability.

2009-S5711 - Sponsor Memo

                                 BILL NUMBER:  S5711

 TITLE OF BILL :

An act to amend the highway law, in relation to enabling safe access
to public roads for all users


 PURPOSE OR GENERAL IDEA OF BILL :

To design more complete streets that enable safe access for all users:
bicyclists, public transportation vehicles and passengers, motorists,
and pedestrians of all ages and abilities.

 SUMMARY OF SPECIFIC PROVISIONS :

This legislation requires bicycle and pedestrian ways be included in
the planning and development of state, county, and local
transportation facilities, plans, and programs. All transportation
improvements shall improve safety, access, and mobility for all
travelers in New York, regardless of age or ability, and shall
recognize bicycle, pedestrian, and transit modes as integral to the
transportation system.

In addition, bicycle and pedestrian ways shall be established in
conjunction with the construction, reconstruction, or other change of

any state, county, or local transportation facility, with special
emphasis given to projects in or within three miles of an urban area.
Accommodations will include, but not be limited to, paved shoulders
suitable for use by bicyclists, lane stripping, share the road
signage, crosswalks, pedestrian control signals, curb cuts and ramps.

The legislation also requires a best practice report to be published
by the Department of Transportation no later than two years after the
bill becomes law showing how transportation agencies have changed
their procedures to routinely design safe, effective multi-modal
facilities for travelers of all ages and abilities.

 JUSTIFICATION :

The streets of our cities and towns are an important part of the
livability of our communities. Our streets should be designed for
everyone, whether young or old, motorist or bicyclist, walker or
wheelchair user, or bus rider. Complete streets are designed and
operated to enable safe access for all users. Complete streets
policies direct transportation planners and engineers to consistently
design with all users in mind.

According to the National Highway Traffic Safety Administration
(NHTSA), in 2007, a pedestrian was hit by a motorist and killed every
113 minutes (about every two hours) - a total of 4,654 fatalities
nationwide. Forty percent of these fatalities were people 50 years of
age and older. In addition, NHTSA found that a pedestrian is injured
by motorists every 8 minutes with over 70,000 pedestrians injured in
2007.

A 2008 report issued by the Tri-State Transportation Campaign found
older pedestrians are far more likely to be killed while walking than
their younger neighbors. The report focusing on New York City and the
surrounding counties found that the fatality rates for older
pedestrians are far higher than in the rest of the country.

The report stated that between 2005 and 2007, 255 pedestrians age 65
years and older were killed on downstate New York roads. Though
comprising less than 12 percent of the area's population, people aged
65 and older accounted for 30 percent of the total pedestrian
fatalities during the three-year period. Those age 75 years and older
represent less than 6 percent of downstate New York's population, but
more than 18 percent of pedestrian deaths.

A new poll released by AARP in 2008 found that while many people age
50 plus are trying to move away from car transportation as a result of
high gas prices, almost half (47%) of poll responders say they cannot
cross the main roads safely.

 LEGISLATIVE HISTORY :

This is new legislation.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect 180 days after it shall have become a law.

2009-S5711 - Bill Text download pdf

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

                                  5711

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 29, 2009
                               ___________

Introduced  by  Sens. DILAN, DIAZ -- 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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 10 of the highway law is amended by  adding  a  new
subdivision 46 to read as follows:
  46.  (A) PROVIDE BICYCLE AND PEDESTRIAN WAYS AND SAFE ACCESS TO EXIST-
ING AND PLANNED PUBLIC TRANSPORTATION IN THE PLANNING AND DEVELOPMENT OF
STATE, COUNTY, AND LOCAL TRANSPORTATION FACILITIES, PLANS, AND PROGRAMS.
ALL TRANSPORTATION IMPROVEMENTS SHALL IMPROVE SAFETY, ACCESS, AND MOBIL-
ITY FOR ALL TRAVELERS, REGARDLESS OF AGE OR ABILITY,  IN  NEW  YORK  AND
SHALL  RECOGNIZE  BICYCLE,  PEDESTRIAN, AND TRANSIT MODES AS INTEGRAL TO
THE TRANSPORTATION SYSTEM. BICYCLE AND PEDESTRIAN WAYS AND  SAFE  ACCESS
TO  EXISTING  AND  PLANNED PUBLIC TRANSPORTATION SHALL BE ESTABLISHED IN
CONJUNCTION WITH THE CONSTRUCTION, RECONSTRUCTION, OR  OTHER  CHANGE  OF
ANY STATE, COUNTY, OR LOCAL TRANSPORTATION FACILITY, WITH SPECIAL EMPHA-
SIS  GIVEN  TO  PROJECTS  IN OR WITHIN THREE MILES OF AN URBAN AREA, AND
SHALL INCLUDE, BUT NOT BE LIMITED TO, PAVED SHOULDERS SUITABLE  FOR  USE
BY BICYCLISTS, LANE STRIPING, SHARE THE ROAD SIGNAGE, CROSSWALKS, PEDES-
TRIAN CONTROL SIGNALS, BUS SHELTERS, CURB CUTS AND RAMPS.
  (B) EXCEPTIONS TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE PERMISSI-
BLE  ONLY AFTER THE TRANSPORTATION AGENCY OR AGENCY WITH JURISDICTION OF
THE PROJECT FULLY  DEMONSTRATES,  WITH  SUPPORTING  DOCUMENTATION  WHICH
SHALL BE AVAILABLE TO THE PUBLIC, THAT ONE OF THE FOLLOWING EXISTS:
  (I)  USE  BY  BICYCLISTS AND PEDESTRIANS IS PROHIBITED BY LAW, SUCH AS
WITHIN INTERSTATE HIGHWAY CORRIDORS;
  (II) ESTABLISHMENT OF SUCH ACCOMMODATIONS WOULD BE CONTRARY TO  PUBLIC
SAFETY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14056-01-9

S. 5711                             2

  (III)  THE  COST  WOULD BE EXCESSIVELY DISPROPORTIONATE TO THE NEED OR
PROBABLE USE; OR
  (IV)  SCARCITY OF POPULATION OR OTHER AVAILABLE MEANS OR FACTORS INDI-
CATE AN ABSENCE OF FUTURE NEED.
  S 2. No later than two years after the effective date of this act, the
department of transportation shall publish a best practices report show-
ing  how  transportation  agencies  have  changed  their  procedures  to
routinely design safe, effective multi-modal facilities for travelers of
all  ages  and abilities. In establishing such best practices, consider-
ation shall be give to the procedures for identifying the needs  of  the
mix  of users, including primary and secondary users and the identifica-
tion of barriers, and summary of the documentation required by paragraph
(b) of subdivision 46 of section 10 of the  highway  law  regarding  why
transportation  agencies could not comply with paragraph (a) of subdivi-
sion 46 of section 10 of the highway law.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

co-Sponsors

View additional co-sponsors

2009-S5711A - Details

See Assembly Version of this Bill:: A8587
Current Committee:: Assembly Transportation
Law Section:: Highway Law
Laws Affected:: Amd §10, Hway L
Versions Introduced in 2011-2012 Legislative Session:: S1332, A1863

2009-S5711A - Summary

Enables safe access to public roads for all users by requiring that all transportation improvements shall improve safety, access, and mobility for all travelers regardless of age or ability.

2009-S5711A - Sponsor Memo

                                 BILL NUMBER:  S5711A              REVISED 04/19/10

 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 OR GENERAL IDEA OF BILL :

To design more complete streets that enable safe access for all users:
bicyclists, public transportation vehicles and passengers, motorists,
and pedestrians of all ages and abilities.

 SUMMARY OF SPECIFIC PROVISIONS :

This legislation requires bicycle and pedestrian ways be included in
the planning and development of state, county, and local
transportation facilities, plans, and programs. All transportation
improvements shall improve safety, access, and mobility for all
travelers in New York, regardless of age or ability, and shall
recognize bicycle, pedestrian, and transit modes as integral to the
transportation system.

In addition, bicycle and pedestrian ways shall be established in

conjunction with the construction, reconstruction, or other changes of
any state, county, or local transportation facility. Accommodations
will include, but not be limited to, bicycle lanes, lane striping,
paved shoulders suitable for use by bicyclists, share the road
signage, crosswalks, pedestrian control signals, curb cuts and ramps.

The legislation also requires a best practice report to be published
by the Department of Transportation no later than two years after the
bill becomes law showing how transportation agencies have changed
their procedures to routinely design safe, effective multi-modal
facilities for travelers of all ages and abilities.

 JUSTIFICATION :

The streets of our cities and towns are an important part of the
livability of our communities. Our streets should be designed for
everyone, whether young or old, motorist or bicyclist, walker or
wheelchair user, or bus rider. Complete streets are designed and
operated to enable safe access for all users. Complete streets
policies direct transportation planners and engineers to consistently
design with all users in mind.

According to the National Highway Traffic Safety Administration
(NHTSA), in 2007, a pedestrian was hit by a motorist and killed every
113 minutes (about every two hours) - a total of 4,654 fatalities
nationwide. Forty percent of these fatalities were people 50 years of
age and older. In addition, NHTSA found that a pedestrian is injured
by motorists every 8 minutes with over 70,000 pedestrians injured in
2007.

A new poll released by AARP in 2008 found that while many people age
50 plus are trying to move away from car transportation as a result of
high gas prices, almost half (47%) of poll responders say they cannot
cross the main roads safely.

A Federal Highways Administration safety review found that streets
designed with sidewalks, raised medians, better bus stop placement,
traffic-calming measures, and treatments for disabled travelers
improve pedestrian safety, Some features, such as medians, improve
safety for all Users, they enable pedestrians to cross busy roads in
two stages, reduce left-turning motorist crashes to zero, and improve
bicycle safety, The National Institutes of Medicine recommends
fighting childhood obesity by establishing ordinances to encourage
construction of sidewalks, bikeways, and other places for physical
activity. One study found that 43, of people with safe places to walk
within 10 minutes of home met recommended activity levels; among
individuals without safe place to walk, just 27% were active enough.

The potential to reduce carbon emissions by shifting trips to
lower-carbon modes is undeniable. The 2001 National Household
Transportation Survey found 50% of all trips in metropolitan areas are
three miles or less and 28% of all metropolitan trips are one mile or
less - distances easy to walk, bike, or hop a bus or train.  Yet 650
of the shortest trips are now made by automobile, in part because of
incomplete streets that make it dangerous or unpleasant for other
modes of travel. Complete streets would help Convert many of these
short automobile trips to multi-modal travel. Simply increasing
bicycling from 1% to 1.5% of all trips in the U.S. would save 462
million gallons of gasoline each year.

 LEGISLATIVE HISTORY :

This is new legislation.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect 180 days after it shall have become a law.

2009-S5711A - Bill Text download pdf

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

                                 5711--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 29, 2009
                               ___________

Introduced  by  Sens.  DILAN, DIAZ, FOLEY, HASSELL-THOMPSON, MONTGOMERY,
  OPPENHEIMER, PADAVAN -- read  twice  and  ordered  printed,  and  when
  printed  to  be committed to the Committee on Transportation -- recom-
  mitted to the Committee on Transportation in  accordance  with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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. Section 10 of the highway law is amended by  adding  a  new
subdivision 47 to read as follows:
  47.  (A)  PROVIDE  FOR  SAFE  TRAVEL BY ALL USERS OF THE ROAD NETWORK,
INCLUDING MOTORISTS, PEDESTRIANS, BICYCLISTS, AND PUBLIC  TRANSPORTATION
USERS,  REGARDLESS OF AGE OR ABILITY, THROUGH THE USE OF COMPLETE STREET
DESIGN FEATURES FOR SAFE TRAVEL IN THE PLANNING,  DESIGN,  CONSTRUCTION,
RECONSTRUCTION,  REHABILITATION,  RESURFACING  AND  MAINTENANCE  OF  ALL
STATE, COUNTY AND LOCAL TRANSPORTATION FACILITIES.
  (B) COMPLETE STREET DESIGN FEATURES THAT FACILITATE SAFE TRAVEL BY ALL
USERS MEANS A ROADWAY THAT EXPANDS UPON  CURRENTLY  ACCEPTED  STATE  AND
FEDERAL  DESIGN  REQUIREMENTS  TO  ACCOMMODATE  ALL  USERS, PARTICULARLY
PEDESTRIANS, BICYCLISTS AND INDIVIDUALS OF ALL AGES AND  MOBILITY  CAPA-
BILITIES.  THESE  FEATURES  SHALL  INCLUDE, BUT NOT BE LIMITED TO, SIDE-
WALKS, PAVED SHOULDERS SUITABLE FOR USE BY  BICYCLISTS,  LANE  STRIPING,
BICYCLE  LANES,  SHARE  THE ROAD SIGNAGE, CROSSWALKS, PEDESTRIAN CONTROL
SIGNALIZATION, BUS PULL OUTS, CURB CUTS, RAISED CROSSWALKS AND RAMPS AND
TRAFFIC CALMING MEASURES.
  (C) EXCEPTIONS TO PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE PERMISSI-
BLE ONLY AFTER THE COMMISSIONER AND AGENCY WITH  JURISDICTION  OVER  THE
PROJECT,  FULLY  DEMONSTRATES, WITH SUPPORTING DOCUMENTATION WHICH SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14056-04-0

S. 5711--A                          2

BE AVAILABLE FOR PUBLIC REVIEW AND COMMENT FOR NINETY DAYS BEFORE  FINAL
DETERMINATION, 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 EXCESSIVELY DISPROPORTIONATE  TO  THE  NEED  AS
DETERMINED  BY  THE  FOLLOWING  FACTORS:  LAND  USE CONTEXT; CURRENT AND
PROJECTED TRAFFIC VOLUMES INCLUDING  NON-MOTORIZED  TRAFFIC;  AND  POPU-
LATION DENSITY.
  S 2. (a) No later than two years after the effective date of this act,
the  department  of  transportation  shall  publish a report showing how
transportation agencies have complied with subdivision 47 of section  10
of  the  highway  law  and  changed their procedures to institutionalize
complete streets design features into planning, project scooping, design
and implementation of  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
transportation  agencies  utilized  in  complying with subdivision 47 of
section 10 of the highway law.
  (b) In establishing 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, and
summary of the documentation required by paragraph (c) of subdivision 47
of section 10 of the highway law regarding why  transportation  agencies
could  not  comply with paragraph (a) of subdivision 47 of section 10 of
the highway law. The department 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 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

co-Sponsors

View additional co-sponsors

2009-S5711B (ACTIVE) - Details

See Assembly Version of this Bill:: A8587
Current Committee:: Assembly Transportation
Law Section:: Highway Law
Laws Affected:: Amd §10, Hway L
Versions Introduced in 2011-2012 Legislative Session:: S1332, A1863

2009-S5711B (ACTIVE) - Summary

Enables safe access to public roads for all users by requiring that all transportation improvements shall improve safety, access, and mobility for all travelers regardless of age or ability.

2009-S5711B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5711B     REVISED 08/27/10

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 princi-
ples

PURPOSE OR GENERAL IDEA OF BILL:

To design more complete streets that enable safe access for all users:
bicyclists, public transportation vehicles and passengers, motorists,
and pedestrians of all ages and abilities.

SUMMARY OF SPECIFIC PROVISIONS:

This legislation requires bicycle and pedestrian ways be included in the
planning and development of state, county, and local transportation
facilities, plans, and programs as appropriate. All transportation
improvements shall improve safety, access, and mobility for all travel-
ers in New York, regardless of age or ability, and shall recognize bicy-
cle, pedestrian, and transit modes as integral to the transportation
system.

In addition, bicycle and pedestrian ways shall be established in
conjunction with the construction, reconstruction, or other changes of

applicable state, county, or local transportation facility.  Accommo-
dations will include, but not be limited to, bicycle lanes, lane strip-
ing, paved shoulders suitable for use by bicyclists, share the road
signage, crosswalks, pedestrian control signals, curb cuts and ramps.

The legislation also requires a best practice report to be published by
the Department of Transportation no later than two years after the bill
becomes law showing how transportation agencies have evaluated and
changed their procedures to routinely design safe, effective multi-modal
facilities for travelers of all ages and abilities.

JUSTIFICATION:

The streets of our cities and towns are an important part of the liva-
bility of our communities. Our streets should be designed for everyone,
whether young or old, motorist or bicyclist, walker or wheelchair user,
or bus rider. Complete streets are designed and operated to enable safe
access for all users. Complete streets policies direct transportation
planners and engineers to consistently design with all users in mind.

According to the National Highway Traffic Safety Administration (NHTSA),
in 2007, a pedestrian was hit by a motorist and killed every 113 minutes
(about every two hours) - a total of 4,654 fatalities nationwide. Forty
percent of these fatalities were people 50 years of age and older. In

addition, NHTSA found that a pedestrian is injured by motorists every 8
minutes with over 70,000 pedestrians injured in 2007.

A new poll released by AARP in 2008 found that while many people age 50
plus are trying to move away from car transportation as a result of high
gas prices, almost half (47%) of poll responders say they cannot cross
the main roads safely.

A Federal Highways Administration safety review found that streets
designed with sidewalks, raised medians, better bus stop placement,
traffic-calming measures, and treatments for disabled travelers improve
pedestrian safety, Some features, such as medians, improve safety for
all Users, they enable pedestrians to cross busy roads in two stages,
reduce left-turning motorist crashes to zero, and improve bicycle safe-
ty. The National Institutes of Medicine recommends fighting childhood
obesity by establishing ordinances to encourage construction of side-
walks, bikeways, and other places for physical activity. One study found
that 43, of people with safe places to walk within 10 minutes of home
met recommended activity levels; among individuals without safe place to
walk, just 27% were active enough.

The potential to reduce carbon emissions by shifting trips to lower-car-
bon modes is undeniable. The 2001 National Household Transportation
Survey found 50% of all trips in metropolitan areas are three miles or
less and 28% of all metropolitan trips are one mile or less - distances
easy to walk, bike, or hop a bus or train.  Yet 65% of the shortest
trips are now made by automobile, in part because of incomplete streets
that make it dangerous or unpleasant for other modes of travel. Complete
streets would help Convert many of these short automobile trips to
multi-modal travel. Simply increasing bicycling from 1% to 1.5% of all
trips in the U.S. would save 462 million gallons of gasoline each year.

LEGISLATIVE HISTORY:

This is new legislation.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect 180 days after it shall have become a law.

2009-S5711B (ACTIVE) - Bill Text download pdf

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

                                 5711--B
    Cal. No. 459

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 29, 2009
                               ___________

Introduced by Sens. DILAN, ADDABBO, BRESLIN, DIAZ, FOLEY, HASSELL-THOMP-
  SON,  C. JOHNSON,  KRUEGER,  MONTGOMERY, OPPENHEIMER, PADAVAN, PARKER,
  ROBACH, SCHNEIDERMAN, THOMPSON -- read twice and ordered printed,  and
  when  printed  to  be  committed to the Committee on Transportation --
  recommitted to the Committee  on  Transportation  in  accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to  said  committee  --  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.  Section  10 of the highway law is amended by adding a new
subdivision 47 to read as follows:
  47. (A) PROVIDE FOR THE CONSIDERATION OF SAFE TRAVEL BY ALL  USERS  OF
THE  ROAD  NETWORK,  INCLUDING  MOTORISTS,  PEDESTRIANS, BICYCLISTS, AND
PUBLIC TRANSPORTATION USERS, REGARDLESS OF AGE OR ABILITY,  THROUGH  THE
USE  OF COMPLETE STREET DESIGN FEATURES FOR SAFE TRAVEL IN THE PLANNING,
DESIGN, CONSTRUCTION, RECONSTRUCTION, AND REHABILITATION  NOT  INCLUDING
RESURFACING,  MAINTENANCE OR PAVEMENT RECYCLING OF ALL STATE, COUNTY AND
LOCAL TRANSPORTATION FACILITIES THAT ARE ELIGIBLE FOR BOTH  FEDERAL  AND
STATE FUNDING AND ARE SUBJECT TO DEPARTMENT OF TRANSPORTATION OVERSIGHT.
  (B) COMPLETE STREET DESIGN FEATURES THAT FACILITATE SAFE TRAVEL BY ALL
USERS  MEANS  A  ROADWAY  THAT EXPANDS UPON CURRENTLY ACCEPTED STATE AND
FEDERAL DESIGN REQUIREMENTS TO ACCOMMODATE ALL USERS, INCLUDING  CURRENT
AND  PROJECTED  USERS, PARTICULARLY PEDESTRIANS, BICYCLISTS AND INDIVID-
UALS OF  ALL  AGES  AND  MOBILITY  CAPABILITIES.  THESE  FEATURES  SHALL
INCLUDE,  BUT NOT BE LIMITED TO, SIDEWALKS, PAVED SHOULDERS SUITABLE FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD14056-13-0

S. 5711--B                          2

USE BY BICYCLISTS, LANE STRIPING, BICYCLE LANES, SHARE THE ROAD SIGNAGE,
CROSSWALKS, PEDESTRIAN CONTROL SIGNALIZATION, BUS PULL OUTS, CURB  CUTS,
RAISED CROSSWALKS AND RAMPS AND TRAFFIC CALMING MEASURES.
  (C) EXCEPTIONS TO PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE PERMISSI-
BLE  ONLY  AFTER  THE COMMISSIONER AND AGENCY WITH JURISDICTION OVER THE
PROJECT, FULLY DEMONSTRATES, WITH SUPPORTING DOCUMENTATION  WHICH  SHALL
BE AVAILABLE TO THE PUBLIC, 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 INCLUDING NON-MOTORIZED TRAFFIC;
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 NON-MOTORIZED TRAFFIC, AND POPULATION DENSITY.
  S 2. (a) No later than two years after the effective date of this act,
the department of transportation shall  publish  a  report  showing  how
transportation  agencies have complied with subdivision 47 of section 10
of the highway law and  changed  their  procedures  to  institutionalize
complete streets design features into planning, project scooping, design
and  implementation  of  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
transportation agencies utilized in complying  with  subdivision  47  of
section 10 of the highway law.
  (b)  In establishing 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,  and
summary of the documentation required by paragraph (c) of subdivision 47
of  section  10 of the highway law regarding why transportation agencies
could not comply with paragraph (a) of subdivision 47 of section  10  of
the  highway  law.  The  department of transportation shall consult with
transportation, land-use and environmental officials,  including  repre-
sentatives 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 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S5711

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 17, 2010 - Floor Vote

Floor Vote: Jun 17, 2010

Apr 27, 2010 - Transportation Committee Vote

Transportation Committee Vote: Apr 27, 2010

Bill Amendments

co-Sponsors

2009-S5711 - Details

2009-S5711 - Summary

2009-S5711 - Sponsor Memo

2009-S5711 - Bill Text download pdf

co-Sponsors

2009-S5711A - Details

2009-S5711A - Summary

2009-S5711A - Sponsor Memo

2009-S5711A - Bill Text download pdf

co-Sponsors

2009-S5711B (ACTIVE) - Details

2009-S5711B (ACTIVE) - Summary

2009-S5711B (ACTIVE) - Sponsor Memo

2009-S5711B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5711

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2009-S5711 - Details

2009-S5711 - Summary

2009-S5711 - Sponsor Memo

2009-S5711 - Bill Text download pdf

co-Sponsors

2009-S5711A - Details

2009-S5711A - Summary

2009-S5711A - Sponsor Memo

2009-S5711A - Bill Text download pdf

co-Sponsors

2009-S5711B (ACTIVE) - Details

2009-S5711B (ACTIVE) - Summary

2009-S5711B (ACTIVE) - Sponsor Memo

2009-S5711B (ACTIVE) - Bill Text download pdf

Comments