Assembly Bill A8046

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8046
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 11, 2021
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Cities
 
 AN  ACT  to  amend  the  administrative code of the city of New York, in
   relation to the review of major transportation projects
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 19-101.2 of the administrative code of the city of
 New York, as added by local law number 90 for the year 2009, subdivision
 c as amended and subdivision j as added by local law number 64  for  the
 year 2011, is amended to read as follows:
   §  19-101.2  Review  of  major  transportation  projects.  a.  For the
 purposes of this section,  the  following  terms  shall  be  defined  as
 follows:
   1.  "Affected council member(s) and community board(s)" shall mean the
 council member(s) and community board(s) in whose districts  a  proposed
 major transportation project is to be located, in whole or in part.
   2.  "Major  transportation project" shall mean any project that, after
 construction will alter  four  or  more  consecutive  blocks,  or  1,000
 consecutive  feet  of  street,  whichever  is  less,  involving  a major
 realignment of the roadway, including  either  removal  of  a  vehicular
 lane(s) or full time removal of a parking lane(s) or addition of vehicu-
 lar travel lane(s).
   b.  If  an agency of the city [other than the department] implements a
 major transportation project, such agency[, in lieu of the  department,]
 shall provide the notice required by this section.
   c.  Prior to the implementation of a major transportation project, the
 department shall PROVIDE, OR IN THE CASE OF ANOTHER AGENCY  IMPLEMENTING
 A  MAJOR TRANSPORTATION PROJECT, forward notice of such project, includ-
 ing a description of such project, to  affected  council  member(s)  and
 community board(s) by electronic mail.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11824-01-1
              

 A. 8046                             2
 
   d.  Within  ten  business  days  after receipt of such notice: (i) the
 affected council member(s) may submit recommendations and/or comments on
 such notice to the department; and (ii) the affected community  board(s)
 may  either submit recommendations and/or comments on such notice to the
 department  and/or  request  a  presentation of the major transportation
 project plan by the department, which shall be  made  to  the  community
 board within thirty days of such community board's request.
   e.  Each presentation shall include, at a minimum, the project limits,
 a description, and a justification of such plan, and a map  showing  the
 streets  affected  by such plan and, within three days of such presenta-
 tion, shall be forwarded to the affected council member(s).
   f. The department shall consider recommendations and/or  comments,  if
 any,  made  under the provisions of subdivision d of this section and/or
 within seven days of the presentation to the community board,  from  the
 affected  council  member(s)  and  affected  community board(s), and may
 incorporate changes, where appropriate, into the plan.
   g. The department may implement its plan fourteen or more  days  after
 it  sends  an  amended  plan  or  notice  that  it will proceed with its
 original plan to the affected council member(s) and community board(s).
   h. Nothing in this section shall be construed to prohibit the  depart-
 ment  from  providing notice of its major transportation projects on its
 website and to affected council member(s)  and  community  board(s)  and
 other  interested  parties by other means in addition to those specified
 in this section.
   i. Nothing in this section shall be construed to require  the  depart-
 ment  to provide notification of major transportation projects requiring
 immediate implementation to preserve public safety.
   j. Prior to the implementation of a major transportation project,  the
 department  shall  consult  with the police department, the fire depart-
 ment, the department of small business services and the  mayor's  office
 for  people  with  disabilities.  The department shall include a certif-
 ication of such consultations in the notice required by subdivision c of
 this section.
   K. COMMISSIONERS, DEPUTY COMMISSIONERS AND  ANY  MANAGERIAL  PERSONNEL
 WHO  PARTICIPATE IN THE DECISION-MAKING PROCESS TO AUTHORIZE ANY CHANGES
 IN TRAFFIC PATTERNS SHALL BE  CRIMINALLY  AND  CIVILLY  LIABLE  FOR  ANY
 DAMAGE WHICH MAY BE OCCASIONED TO PERSONS, ANIMALS OR PROPERTY FOR FAIL-
 URE  TO  COMPLY  WITH  THE PROVISIONS OF THIS SECTION. PROVIDED FURTHER,
 SUCH INDIVIDUALS SHALL BE CRIMINALLY AND CIVILLY LIABLE FOR ANY ACCIDENT
 OR FATALITY WHICH OCCURS ON ANY SUCH CHANGED TRAFFIC PATTERN.
   § 2. This act shall take effect immediately.