senate Bill S1332

2011-2012 Legislative Session

Enables safe access to public roads for all users

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to transportation
Jan 06, 2011 referred to transportation

Co-Sponsors

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S1332 - Bill Details

See Assembly Version of this Bill:
A1863
Current Committee:
Senate Transportation
Law Section:
Highway Law
Laws Affected:
Amd §10, Hway L
Versions Introduced in 2009-2010 Legislative Session:
S5711B, A8587B

S1332 - Bill Texts

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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.

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BILL NUMBER:S1332

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 as appropriate. 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 applicable 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 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
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 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:

2009-10 - S.5711B/A.8587B - Passed Senate

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

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

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

                                  1332

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by Sens. DILAN, DIAZ, HASSELL-THOMPSON, PARKER -- 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:

  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
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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03012-01-1

S. 1332                             2

  (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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