NY State Senate Bill 2021-S3897

Senate Bill S3897

2021-2022 Legislative Session

Relates to complete street design features and funding of construction and improvements at a municipalities' expense

download bill text pdf

Archive: Last Bill Status Via A8936 - Passed Senate

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
Jun 01, 2022	returned to assembly passed senate 3rd reading cal.1527 substituted for s3897
Jun 01, 2022	substituted by a8936a
May 25, 2022	ordered to third reading cal.1527 committee discharged and committed to rules
Mar 02, 2022	reported and committed to finance
Jan 05, 2022	referred to transportation
Feb 01, 2021	referred to transportation

Votes

- Jun 1, 2022 - Floor Vote
  A8936
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2022
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  May 25, 2022 - Rules Committee Vote
  S3897
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 25, 2022
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins

co-Sponsors

View additional co-sponsors

2021-S3897 (ACTIVE) - Details

See Assembly Version of this Bill:: A8936
Law Section:: Highway Law
Laws Affected:: Amd §80-b, Hway L
Versions Introduced in 2019-2020 Legislative Session:: S4414

2021-S3897 (ACTIVE) - Summary

Increases state funding for construction and improvements by the department of transportation where the municipality agrees to fund a complete street design feature as a component of the project.

2021-S3897 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3897

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the highway law, in relation to complete street design
features and funding of construction and improvements at a munici-
palities' expense

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend the highway law, in relation to complete street design features
and funding of construction and improvements at municipalities' expense.

 
SUMMARY OF PROVISIONS:

Section 1 adds language to section 80-b of the highway law to change the
percentage responsibility of the State for federally assisted projects.
The State would be responsible for eighty-two and one-half percent of
total project costs if a municipality agrees to incorporate complete
street design features, as defined in section three-hundred thirty-one

of chapter fifty-seven of the highway law, at such a municipalities' own
expense. This would reduce a municipalities' percentage responsibility
from five percent to two and one-half percent of the total project cost.

Section 2 sets the effective date.

 
JUSTIFICATION:

Current federal complete street regulations largely exempt most highway
project in New York, because reviews for the incorporation of complete
streets features (such as pedestrian crosswalks, sidewalks, and bike
lanes) are only required for large, intensive new construction projects.
Since New York and many states in the Northeast already have a built-out
network of highways and roads, complete street reviews are conducted
only in limited circumstances.

This bill aims to remedy this problem, which has stymied the walkability
and bike-friendliness of communities in Upstate New York and on Long
Island, by creating an incentive for municipalities to construct these
features, which can sometimes be prohibitively expensive. By reducing
the project cost responsibility of municipalities which agree to incor-
porate complete street features to half of its current level, incorpo-
rating these features will become significantly more accessible to
communities around New York to the benefit of the elderly, disabled, and
small businesses that benefit from greater foot traffic.

 
LEGISLATIVE HISTORY:

2019-2020: S.4414A Passed Senate / A.6454A Referred to Transportation

 
FISCAL IMPLICATIONS:

The bill would increase the State's financial responsibility by an addi-
tional two and one-half response for eligible projects.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3897 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3897
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sens.  KENNEDY,  KAPLAN,  MAY  -- 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 complete street design
   features and funding of construction and  improvements  at  a  munici-
   palities' expense

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of  section  80-b  of  the  highway  law,  as
 amended  by  section  3  of part A of chapter 57 of the laws of 2014, is
 amended to read as follows:
   1. In connection with the undertaking of any  project  for  which  the
 commissioner  is  authorized  to  use  moneys  of the federal government
 pursuant to the provisions of subdivision thirty-four-a of  section  ten
 and  section eighty of this chapter to assure the effective discharge of
 state responsibilities with respect to regional transportation needs, on
 highways, roads, streets, bicycle paths or pedestrian paths that are not
 on the state highway system, the commissioner shall submit such  project
 to  the governing body or bodies of the affected municipality or munici-
 palities together with estimates  of  costs  thereof.  If  such  project
 includes a municipal project, as that term is defined in accordance with
 article  thirteen  of  the  transportation  law, the state share of such
 municipal project shall also be included. If  such  project  includes  a
 project  affecting  a  highway, road, street, bicycle path or pedestrian
 path not on the state highway system, the state share shall be equal  to
 eighty  percent of the difference between the total project cost and the
 federal assistance, PROVIDED, HOWEVER, THE STATE SHARE SHALL BE EQUAL TO
 EIGHTY-SEVEN AND ONE-HALF PERCENT OF THE DIFFERENCE  BETWEEN  THE  TOTAL
 PROJECT  COST AND THE FEDERAL ASSISTANCE WHERE, IN CONJUNCTION WITH SUCH
 PROJECT, THE MUNICIPALITY  AGREES  TO  FUND  A  COMPLETE  STREET  DESIGN
 FEATURE  AS DEFINED IN SECTION THREE HUNDRED THIRTY-ONE OF THIS CHAPTER,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07586-01-1

 S. 3897                             2
 
 provided, [however] FURTHER, the commissioner  may  increase  the  state
 share  to  an  amount  equal  to  one  hundred percent of the difference
 between the total project cost and the federal assistance  where  he  OR
 SHE  determines that the need for the project results substantially from
 actions undertaken pursuant to section ten  of  this  chapter.  No  such
 project  shall  proceed  without the approval of the governing body of a
 municipality. Such governing body may request the commissioner to under-
 take the provision of such project. If the commissioner agrees  to  such
 undertaking  he OR SHE shall notify the local governing body which shall
 appropriate sufficient moneys to pay the estimated amount of the munici-
 pal share. Such moneys shall be deposited with the state comptroller who
 is authorized to receive and accept the same for the  purposes  of  such
 project,  subject  to the draft or requisition of the commissioner. When
 the work of such project has  been  completed,  the  commissioner  shall
 render  to the governing body of such municipality an itemized statement
 showing in full (a) the amount of money that has been deposited by  such
 municipality  with  the  state comptroller as hereinbefore provided, and
 (b) all disbursements made pursuant to this section  for  such  project.
 Any  surplus moneys shall be paid to such municipality on the warrant of
 the comptroller on vouchers therefor approved by the commissioner.  When
 the  work of such project has been completed and it is determined by the
 commissioner that the amount of the cost to be borne by the municipality
 is in excess of the amount deposited by such municipality with the state
 comptroller, the commissioner shall then notify the municipality of  the
 deficiency  of  funds. The municipality shall then within ninety days of
 the receipt of such notice, pay such amount to  the  state  comptroller.
 For  purposes  of  this section, the term "municipality" shall include a
 city, county, town, village or two  or  more  of  the  foregoing  acting
 jointly.
   §  2. This act shall take effect one year after it shall have become a
 law and shall apply to project agreements entered into on and after such
 date.

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