S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3320
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 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.