S T A T E O F N E W Y O R K
________________________________________________________________________
1863
2011-2012 Regular Sessions
I N A S S E M B L Y
January 12, 2011
___________
Introduced by M. of A. GANTT, DINOWITZ, HOYT, GALEF, CUSICK, ROSENTHAL,
MILLMAN, LUPARDO, ENGLEBRIGHT, LATIMER, P. RIVERA -- Multi-Sponsored
by -- M. of A. McENENY, THIELE, WEISENBERG, WRIGHT -- read once and
referred 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03012-01-1
A. 1863 2
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.