NY State Senate Bill 2011-S5411

Senate Bill S5411

Signed By Governor

2011-2012 Legislative Session

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

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Archive: Last Bill Status - Signed by Governor

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 15, 2011	signed chap.398 delivered to governor
Jun 20, 2011	returned to senate passed assembly ordered to third reading rules cal.508 substituted for a8366 referred to ways and means delivered to assembly passed senate
Jun 14, 2011	amended on third reading 5411a
Jun 07, 2011	advanced to third reading
Jun 06, 2011	2nd report cal.
Jun 02, 2011	1st report cal.966
May 24, 2011	reported and committed to finance
May 18, 2011	referred to transportation

Votes

- Jun 20, 2011 - Floor Vote
  S5411
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2011
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
  Jun 2, 2011 - Finance Committee Vote
  S5411
  
  31
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Jun 2, 2011
      
      aye (31)
      
      Alesi
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hannon
      
      Johnson
      
      Krueger
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Oppenheimer
      
      Parker
      
      Perkins
      
      Rivera
      
      Robach
      
      Saland
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Young
      
      aye wr (2)
      
      LaValle
      
      Peralta
      
      excused (2)
      
      Duane
      
      Kruger

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2011-S5411 - Details

Law Section:: Highway Law
Laws Affected:: Add §331, Hway L

2011-S5411 - Summary

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

2011-S5411 - Sponsor Memo

                                BILL NUMBER:S5411

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. Amends the highway law by adding a
new section 331.

Subdivision (a) requires all state, county and local transportation
facilities that receive both federal and state funding are subject to
department of transportation oversight to consider safe travel on the
road network by all users of all ages, including motorists,
pedestrians, bicyclists, and public transportation users through
complete design features.

Subdivision (b) Complete street design features shall include but not
be limited to: sidewalks, paved shoulders suitable for use by
bicyclists, lane stripping, bicycle lanes, share the road signage,
crosswalks, pedestrian control signalization, bus pull outs, curb

cuts, raised crosswalks and ramps and traffic calming measures while
recognizing that the needs of users of the road network vary
according to a rural, urban and suburban context.

Subdivision (c) provides for exceptions to the use of complete street
design features.

Section 2. requires a best practice report to be published by the
Department of Transportation no later than two years after the bill
becomes law

Section 3. Effective date

JUSTIFICATION:
According to the National Highway Traffic Safety
Administration (NHTSA), 4,092 pedestrians were killed by motorists in
2009 - an average of one death every two hours. 19 percent of these
fatalities were people ages 65 and older. In addition, the NHTSA
stated that over 59,000 pedestrians were injured by motorists in
2009, an average of one injury every 9 minutes in 2009.

Complete street design principles include sidewalks, paved shoulders
suitable for use by bicyclists, lane stripping, bicycle lanes, share
the road signage, crosswalks, pedestrian control signalization, bus
pull outs, curb cuts, raised crosswalks, ramps and traffic calming
measures designed to allow pedestrian and motor traffic to easily
coexist. A Federal Highways Administration safety review found that
streets designed with these features improve safety for all users,
enabling pedestrians to cross busy roads in two stages, improving
bicycle safety and reducing left-turning motorist crashes to zero.


The potential to reduce carbon emissions by encouraging to
lower-carbon modes of transportation 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 less
than one mile, easy to walk, bike, or utilize mass transit. 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.

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.

2011-S5411 - Bill Text download pdf

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

                                  5411

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 18, 2011
                               ___________

Introduced  by  Sens.  FUSCHILLO, DILAN, DIAZ, GRISANTI, LARKIN, LITTLE,
  OPPENHEIMER, PERKINS, SAMPSON,  VALESKY  --  read  twice  and  ordered
  printed,  and  when printed to be committed to the Committee on Trans-
  portation

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. 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 FACILITIES THAT RECEIVE BOTH FEDERAL AND
STATE FUNDING AND ARE SUBJECT TO DEPARTMENT OF TRANSPORTATION OVERSIGHT,
THE DEPARTMENT OR AGENCY WITH JURISDICTION OVER  SUCH  FACILITIES  SHALL
CONSIDER  THE  SAFE TRAVEL ON THE ROAD NETWORK BY ALL USERS OF ALL AGES,
INCLUDING MOTORISTS, PEDESTRIANS, BICYCLISTS, AND PUBLIC  TRANSPORTATION
USERS  THROUGH  THE  USE OF COMPLETE STREET DESIGN FEATURES IN THE PLAN-
NING, DESIGN, CONSTRUCTION,  RECONSTRUCTION,  RESTRIPING  AND  REHABILI-
TATION,  BUT  NOT INCLUDING RESURFACING, MAINTENANCE OR PAVEMENT RECYCL-
ING, OF SUCH FACILITIES.
  (B) COMPLETE STREET DESIGN FEATURES ARE ROADWAY DESIGN  FEATURES  THAT
ACCOMMODATE  AND  FACILITATE SAFE TRAVEL BY ALL USERS, INCLUDING CURRENT
AND PROJECTED USERS, PARTICULARLY PEDESTRIANS, BICYCLISTS  AND  INDIVID-
UALS OF ALL AGES AND ABILITIES. 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,  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11543-01-1

S. 5411                             2

  (C) EXCEPTIONS TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE PERMISSI-
BLE ONLY AFTER THE COMMISSIONER OR AGENCY  WITH  JURISDICTION  OVER  THE
PROJECT,  AND AFTER PUBLIC INPUT, DEMONSTRATES, WITH SUPPORTING DOCUMEN-
TATION 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; 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.
  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 section 331 of the highway
law and changed their procedures to  institutionalize  complete  streets
design  features  into planning, project scoping, design and implementa-
tion 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
transportation  agencies  utilized  in complying with section 331 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 section 331 of
the highway law regarding why transportation agencies could  not  comply
with  paragraph (a) of section 331 of the highway law. The department of
transportation shall consult with transportation, land-use and  environ-
mental 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

2011-S5411A (ACTIVE) - Details

Law Section:: Highway Law
Laws Affected:: Add §331, Hway L

2011-S5411A (ACTIVE) - Summary

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

2011-S5411A (ACTIVE) - 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.

2011-S5411A (ACTIVE) - Bill Text download pdf

                            
                    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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Senate Bill S5411

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

2011-S5411 - Details

2011-S5411 - Summary

2011-S5411 - Sponsor Memo

2011-S5411 - Bill Text download pdf

co-Sponsors

2011-S5411A (ACTIVE) - Details

2011-S5411A (ACTIVE) - Summary

2011-S5411A (ACTIVE) - Sponsor Memo

2011-S5411A (ACTIVE) - Bill Text download pdf

Comments