S T A T E O F N E W Y O R K
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3320
2023-2024 Regular Sessions
I N A S S E M B L Y
February 2, 2023
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Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law and the transporta-
tion law, in relation to establishing a wildlife corridor action plan
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The environmental conservation law is amended by adding a
new section 11-0331 to read as follows:
§ 11-0331. WILDLIFE CORRIDOR ACTION PLAN.
1. THE DEPARTMENT, IN COOPERATION WITH THE STATE DEPARTMENT OF TRANS-
PORTATION, SHALL, NOT LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY-FIVE, DEVELOP AND ESTABLISH A PLAN, TO BE KNOWN AS THE "WILDLIFE
CORRIDOR ACTION PLAN", TO PRESERVE LONG-TERM HABITAT CONNECTIVITY FOR
WILDLIFE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
(A) IN DEVELOPING SUCH PLAN, THE DEPARTMENT SHALL COLLECT, ANALYZE AND
DEVELOP THE BEST AVAILABLE SCIENCE AND DATA REGARDING THE CONNECTIVITY
OF WILDLIFE HABITAT AREAS. SUCH PLAN SHALL PROVIDE FOR THE DESIGNATION
AND PROTECTION OF WILDLIFE CORRIDORS IN THE STATE.
(B) FOR THE PURPOSES OF THIS SECTION:
(I) "HABITAT CONNECTIVITY" SHALL MEAN THE DEGREE TO WHICH THE LAND-
SCAPE, INCLUDING ROADS OR OTHER IMPROVEMENTS THEREON, FACILITATES OR
IMPEDES THE MOVEMENT OF WILDLIFE AND OTHER NATURAL ECOLOGICAL PROCESSES.
(II) "WILDLIFE" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN
SECTION 11-0103 OF THIS ARTICLE.
2. THE WILDLIFE CORRIDOR ACTION PLAN SHALL, AT MINIMUM, INCLUDE:
(A) IDENTIFICATION OF SPECIES OF CONCERN THAT ARE AT RISK FROM HABITAT
FRAGMENTATION OR BARRIERS TO SPECIES MOVEMENT.
(B) IDENTIFICATION OF THE KNOWN MIGRATION AND DISPERSAL CORRIDORS FOR
SPECIES IDENTIFIED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
(C) A DESCRIPTION OF THE POTENTIAL EFFECTS OF CLIMATE CHANGE ON THE
MOVEMENT OF SPECIES IDENTIFIED UNDER PARAGRAPH (A) OF THIS SUBDIVISION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02742-01-3
A. 3320 2
(D) IDENTIFICATION OF KNOWN AND POTENTIAL HUMAN-CAUSED BARRIERS IN THE
STATE THAT NEGATIVELY AFFECT WILDLIFE HABITAT CONNECTIVITY.
(E) A CONTEMPORARY MAP SHOWING EXISTING AND POTENTIAL WILDLIFE CORRI-
DORS AND CORE HIGH QUALITY HABITAT AREAS.
(F) A LIST OF AREAS FOR WHICH DESIGNATION OF WILDLIFE CORRIDORS, LAND
ACQUISITION OR OTHER AGENCY ACTIONS ARE OF HIGH PRIORITY TO PROTECT
WILDLIFE MOVEMENT OR HABITAT CONNECTIVITY. THE BASES FOR IDENTIFICATION
OF THE HIGH PRIORITY AREAS SHALL INCLUDE BUT NOT BE LIMITED TO THE PRES-
ENCE OF A SPECIES DESIGNATED BY THE FEDERAL GOVERNMENT AS AN ENDANGERED
SPECIES OR THREATENED SPECIES OR OTHERWISE SUBJECT TO PROTECTION OR
ADDITIONAL PROTECTION OF THE DEPARTMENT PURSUANT TO SECTION 11-0311 OF
THIS TITLE.
3. (A) THE DEPARTMENT SHALL, NOT LATER THAN SEPTEMBER FIFTEENTH, TWO
THOUSAND-TWENTY-FIVE, PUBLISH A DRAFT OF THE PLAN REQUIRED PURSUANT TO
THIS SECTION, AND SHALL, ON OR BEFORE SUCH DATE:
(I) POST THE DRAFT PLAN ON THE DEPARTMENT WEBSITE AND SHALL PROVIDE A
MEANINGFUL OPPORTUNITY FOR PUBLIC COMMENT; AND
(II) SUBMIT A COPY OF SUCH DRAFT PLAN TO THE SENATE AND ASSEMBLY ENVI-
RONMENTAL CONSERVATION COMMITTEES.
(B) THE DEPARTMENT SHALL REVIEW ANY COMMENTS OR RECOMMENDATIONS
RECEIVED PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF THIS
SUBDIVISION AND SHALL ADOPT SUCH DRAFT TOGETHER WITH ANY PROPOSED
REVISIONS THERETO NOT LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY-FIVE. THE DEPARTMENT SHALL THEREAFTER IMPLEMENT SUCH PLAN AND
SHALL REVIEW AND MAKE REVISIONS THERETO AS PROVIDED IN SUBDIVISION FOUR
OF THIS SECTION.
4. (A) BEGINNING ON SEPTEMBER FIFTEENTH, TWO THOUSAND THIRTY AND EVERY
FIVE YEARS THEREAFTER, THE DEPARTMENT SHALL, PREPARE A REPORT ON THE
IMPLEMENTATION OF THE PLAN TOGETHER WITH ANY PROPOSED REVISIONS THERETO,
INCLUDING BUT NOT LIMITED TO INFORMATION CONCERNING CHANGES IN THE
NUMBER OF HIGH PRIORITY WILDLIFE CORRIDORS ESTABLISHED OR PLANNED.
(B) THE DEPARTMENT SHALL POST SUCH REPORT, TOGETHER WITH THE REVISED
PLAN ON ITS WEBSITE AND SHALL SUBMIT SUCH REPORT AND REVISED PLAN TO THE
SENATE AND ASSEMBLY ENVIRONMENTAL CONSERVATION COMMITTEES IN THE MANNER
REQUIRED FOR THE DRAFT PLAN PROVIDED FOR IN PARAGRAPH (A) OF SUBDIVISION
THREE OF THIS SECTION. THE DEPARTMENT SHALL THEREAFTER ADOPT AND PUBLISH
SUCH REVISED PLAN NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND
THIRTY AND EVERY FIVE YEARS THEREAFTER.
5. ALL AGENCIES AND AUTHORITIES OF THE STATE, MUNICIPALITIES, AND
POLITICAL SUBDIVISIONS OF THE STATE ARE HEREBY DIRECTED TO COOPERATE
WITH THE DEPARTMENT TO FACILITATE THE DEVELOPMENT AND ADOPTION OF THE
WILDLIFE CORRIDOR ACTION PLAN, AND EACH REVISION THERETO, UPON THE
REQUEST OF THE DEPARTMENT AND TO THE EXTENT PRACTICABLE AND NOT OTHER-
WISE INCONSISTENT WITH LAW.
6. THE DEPARTMENT SHALL COOPERATE WITH THE DEPARTMENT OF TRANSPORTA-
TION IN THE DEVELOPMENT OF THE TRAFFIC SAFETY PROGRAM REQUIRED PURSUANT
TO SECTION FOURTEEN-AA OF THE TRANSPORTATION LAW, AND SHALL, PRIOR TO
THE ADOPTION OF SUCH PROGRAM, COORDINATE EFFORTS TO REDUCE WILDLIFE-VEH-
ICLE COLLISIONS BASED ON DATA GATHERED PURSUANT TO SUBDIVISIONS ONE AND
TWO OF THIS SECTION, AND SHALL MAKE SUCH RECOMMENDATIONS TO THE DEPART-
MENT OF TRANSPORTATION REGARDING THE DEVELOPMENT AND IMPLEMENTATION OF
SUCH PROGRAM AS IT DEEMS NECESSARY TO ACCOMPLISH THE PURPOSES THEREOF.
§ 2. The transportation law is amended by adding a new section 14-aa
to read as follows:
§ 14-AA. WILDLIFE CORRIDOR ACTION PLAN; TRAFFIC SAFETY. 1. THE DEPART-
MENT SHALL COOPERATE WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
A. 3320 3
IN THE DEVELOPMENT AND IMPLEMENTATION OF THE WILDLIFE CORRIDOR ACTION
PLAN AND EACH SUBSEQUENT REVISION THERETO IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 11-0331 OF THE ENVIRONMENTAL CONSERVATION LAW AND
THIS SECTION.
2. (A) NOT LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX,
THE DEPARTMENT, IN COOPERATION WITH THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, ESTABLISH A PROGRAM TO REDUCE COLLISIONS BETWEEN WILDLIFE
AND VEHICLES IN AREAS WHERE WILDLIFE CORRIDORS IDENTIFIED IN THE WILD-
LIFE CORRIDOR ACTION PLAN BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION INTERSECT WITH PROPOSED OR EXISTING PUBLIC ROADS. SUCH PROGRAM
SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, PLANS FOR CREATING OR MODI-
FYING ROAD INFRASTRUCTURE IN A MANNER THAT REDUCES WILDLIFE-VEHICLE
COLLISIONS AND PROMOTES PUBLIC SAFETY. SUCH PLANS MAY INCLUDE BUT NEED
NOT BE LIMITED TO THE USE OF WILDLIFE CROSSING STRUCTURES AND ROADWAY
FENCING, INCLUDING ANY RECOMMENDATIONS MADE BY THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION PURSUANT TO SUBDIVISION SIX OF SECTION 11-0331 OF
THE ENVIRONMENTAL CONSERVATION LAW.
(B) ALL AGENCIES AND AUTHORITIES OF THE STATE, MUNICIPALITIES, AND
POLITICAL SUBDIVISIONS OF THE STATE ARE HEREBY DIRECTED TO COOPERATE
WITH THE DEPARTMENT TO FACILITATE THE DEVELOPMENT AND ADOPTION OF THE
PLAN REQUIRED PURSUANT TO THIS SECTION, AND ANY SUBSEQUENT REVISION
THERETO, UPON THE REQUEST OF THE DEPARTMENT AND TO THE EXTENT PRACTICA-
BLE AND NOT OTHERWISE INCONSISTENT WITH LAW.
3. BEGINNING SEPTEMBER FIFTEENTH, TWO THOUSAND TWENTY-SEVEN AND BIEN-
NIALLY THEREAFTER, THE DEPARTMENT SHALL ISSUE A REPORT REGARDING THE
STATUS OF THE PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS
SECTION TO THE SENATE AND ASSEMBLY ENVIRONMENTAL CONSERVATION COMMIT-
TEES. SUCH REPORT SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, INFORMA-
TION CONCERNING THE NUMBER AND TYPES OF WILDLIFE CORRIDOR INFRASTRUCTURE
PROJECTS ESTABLISHED OR PLANNED AND THE REALIZED OR EXPECTED EFFECT OF
ESTABLISHED OR PLANNED WILDLIFE CORRIDOR INFRASTRUCTURE PROJECTS ON THE
NUMBER OF WILDLIFE-VEHICLE COLLISIONS.
§ 3. This act shall take effect immediately.