Senate Bill S4235

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4235
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2017
                                ___________
 
 Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the transportation law and the highway law, in  relation
   to GreenLITES certification
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 14 of the transportation law is amended by adding a
 new subdivision 36 to read as follows:
   36. TO DETERMINE WHETHER ANY PROJECT RECEIVING  STATE  AND/OR  FEDERAL
 FUNDING  AND SUBJECT TO DEPARTMENT OVERSIGHT INCORPORATES SUSTAINABILITY
 PRINCIPLES SUFFICIENT TO RECEIVE GREENLITES CERTIFICATION.  THE  DEPART-
 MENT  SHALL  FURTHER  ADVISE  ANY  AGENCY  WITH  JURISDICTION  OVER SUCH
 PROJECTS AS TO RECEIVING GREENLITES CERTIFICATION.
   (A) FOR PURPOSES OF THIS SECTION, "GREENLITES" SHALL  MEAN  THE  GREEN
 LEADERSHIP  IN TRANSPORTATION ENVIRONMENTAL SUSTAINABILITY PROGRAM OPER-
 ATED BY THE DEPARTMENT WHICH PROVIDES  AN  ENVIRONMENTAL  SUSTAINABILITY
 RATING  SYSTEM FOR TRANSPORTATION PROJECTS. THE MINIMUM RATING NECESSARY
 TO ACHIEVE COMPLIANCE WITH GREENLITES PRINCIPLES SHALL BE DESIGNATED  AS
 CERTIFIED.
   (B)  THE GREENLITES PROGRAM SHALL INCORPORATE THE FOLLOWING PRIORITIES
 INTO ITS RATINGS  METRICS:  ENVIRONMENTAL  PROTECTION  AND  ENHANCEMENT;
 ENERGY AND NATURAL RESOURCE CONSERVATION; PRESERVATION OR ENHANCEMENT OF
 HISTORIC, SCENIC, AND AESTHETIC PROJECT SETTING CHARACTERISTICS; ENCOUR-
 AGEMENT  OF  PUBLIC  INVOLVEMENT IN THE TRANSPORTATION PLANNING PROCESS;
 INTEGRATION OF SMART GROWTH AND OTHER SOUND LAND-USE PRACTICES;  ENCOUR-
 AGEMENT  OF  NEW  AND  INNOVATIVE  APPROACHES  TO SUSTAINABLE DESIGN AND
 TRANSPORTATION FACILITY OPERATION AND MAINTENANCE.
   § 2. Section 331 of the highway law, as added by chapter  398  of  the
 laws of 2011, is amended to read as follows:
   §  331.  Consideration  of  complete street design. (a) For all state,
 county and local transportation projects  that  are  undertaken  by  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09277-01-7

 S. 4235                             2
 
 department  or receive both federal and state funding and are subject to
 department of transportation oversight, the department  or  agency  with
 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].
 THE DEPARTMENT OR AGENCY WITH JURISDICTION OVER SUCH PROJECTS SHALL ALSO
 CONSIDER  PROGRAMS,  STRUCTURAL   OR NONSTRUCTURAL MANAGEMENT PRACTICES,
 OPERATIONAL PROCEDURE, OR POLICIES ON OR OFF THE PROJECT  SITE  INTENDED
 TO  PREVENT, REDUCE, OR CONTROL HIGHWAY RUNOFF POLLUTION. A PROJECT MUST
 BE AWARDED NO  LESS  THAN  SILVER  CERTIFIED  GREENLITES  STATUS  DURING
 DEPARTMENTAL   REVIEW  TO  DEMONSTRATE  SUFFICIENT  CONSIDERATION.  SUCH
 CONSIDERATION IS NOT REQUIRED TO INCLUDE  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; HIGHWAY RUNOFF POLLUTION CONTROL PROJECTS; 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.
 HOWEVER, THE DEPARTMENT OR AGENCY WITH  JURISDICTION  OVER  THE  PROJECT
 SHALL  MAKE PUBLIC A WRITTEN COMPARISON OF POTENTIAL COST SAVINGS OVER A
 THIRTY-YEAR PERIOD RELATED TO HIGHWAY RUNOFF POLLUTION CONTROL  PROJECTS
 AND  THE INCREASED EXPENDITURES TO FINANCE THE PROJECT PRIOR TO REFUSING
 TO USE COMPLETE STREET DESIGN FEATURES.
   (E) (I) FOR PURPOSES  OF  THIS  SECTION,  "HIGHWAY  RUNOFF  POLLUTION"
 MEANS,  IN  RELATION  TO  A FEDERAL-AID OR STATE-AID HIGHWAY, ASSOCIATED
 FACILITY, OR CONTROL MEASURE RETROFIT PROJECT: (1) A DISCHARGE OF  SEDI-
 MENT,  METALS, CHEMICALS, NITROGEN AND PHOSPHOROUS, OR OIL AND GREASE IN
 RUNOFF; OR (2) A DISCHARGE OF PEAK  FLOW  RATE,  WATER  TEMPERATURE,  OR
 VOLUME OF RUNOFF THAT EXCEEDS PREDEVELOPMENT AMOUNTS.
   (II)  FOR  PURPOSES  OF THE SECTION, "HIGHWAY RUNOFF POLLUTION CONTROL
 PROJECTS" MEANS PROGRAMS, STRUCTURAL OR NONSTRUCTURAL  MANAGEMENT  PRAC-

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 TICES,  OPERATIONAL  PROCEDURES,  OR POLICIES ON OR OFF THE PROJECT SITE
 INTENDED TO PREVENT, REDUCE, OR CONTROL HIGHWAY RUNOFF POLLUTION.
   §  3. This act shall take effect one year 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.