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.