S T A T E O F N E W Y O R K
________________________________________________________________________
4120--B
2023-2024 Regular Sessions
I N A S S E M B L Y
February 9, 2023
___________
Introduced by M. of A. McMAHON, SIMONE, MAMDANI, GALLAGHER, SHRESTHA,
SIMON, TAPIA, KELLES, GONZALEZ-ROJAS, FAHY, McDONALD -- read once and
referred to the Committee on Environmental Conservation -- recommitted
to the Committee on Environmental Conservation in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Environmental Conservation in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the highway law, in relation to reductions in vehicle
miles traveled in highway projects in New York state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Vehicle miles traveled assessment working group. 1. There
is hereby established a vehicle miles traveled assessment working group.
The vehicle miles traveled assessment working group shall meet regularly
and shall study the options and best practices available and make recom-
mendations for implementing vehicle miles traveled assessments in a
manner which aligns with the goal of reducing annual vehicle miles trav-
eled within the state by 20% by 2050 and developing a plan to assess,
monitor, and approve a given project's impact mitigation actions. The
working group shall aid the commissioner of transportation in establish-
ing procedures to assist counties and towns seeking to comply with their
vehicle miles traveled assessment requirements, as outlined in sections
one hundred two and one hundred forty of the highway law.
2. The working group shall include a representative from the depart-
ment of transportation, the office of the governor, the department of
environmental conservation, the department of state, the department of
agriculture and markets, the office of general services, the empire
state development corporation, the New York energy research and develop-
ment authority, the port authority of New York and New Jersey, the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06183-09-4
A. 4120--B 2
metropolitan transportation authority, the New York City department of
transportation, the office of the mayor of New York City, and the New
York metropolitan transportation council. The working group shall
include representatives from relevant community organizations and other
necessary parties.
3. The working group shall report its findings and recommendations to
the commissioner of transportation, the governor, the temporary presi-
dent of the senate and the speaker of the assembly no later than twelve
months after the effective date of this section. Such report shall be
made publicly available on the department of transportation's website.
§ 2. The highway law is amended by adding a new section 10-h to read
as follows:
§ 10-H. REDUCTIONS TO VEHICLE MILES TRAVELED IN STATE HIGHWAY
PROJECTS. 1. LEGISLATIVE FINDING AND DECLARATION. THIS LEGISLATURE DOES
HEREBY FIND AND DECLARE THAT THE FINAL SCOPING PLAN ADOPTED BY THE NEW
YORK STATE CLIMATE ACTION COUNCIL PURSUANT TO CHAPTER ONE HUNDRED SIX OF
THE LAWS OF TWO THOUSAND NINETEEN DEEMS IT ESSENTIAL THAT THE LEGISLA-
TURE ENACT LEGISLATION WHICH SHALL SIGNIFICANTLY REDUCE ANNUAL VEHICLE
MILES TRAVELED IN NEW YORK STATE. THE LEGISLATURE FURTHER FINDS AND
DECLARES THAT ACHIEVING A REDUCTION IN ANNUAL VEHICLE MILES TRAVELED BY
TWENTY PERCENT BY TWO THOUSAND FIFTY IN NEW YORK STATE IS NECESSARY TO
ENABLE ACHIEVEMENT OF THE CLIMATE JUSTICE AND EMISSION REDUCTION
MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINE-
TEEN. FURTHERMORE, THE LEGISLATURE FINDS THAT HIGHWAY CAPACITY EXPAN-
SION PROJECTS, AS DEFINED BY SUBDIVISION TWO OF THIS SECTION, RESULT IN
INDUCED DEMAND, WHEREAS MORE VEHICLES UTILIZE A HIGHWAY AFTER A HIGH-
WAY CAPACITY EXPANSION PROJECT, AND THEREFORE, THESE PROJECTS DO NOT
SIGNIFICANTLY REDUCE POLLUTION, CONGESTION, OR VEHICLE MILES TRAVELED.
2. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(A) "VEHICLE MILES TRAVELED" SHALL MEAN A MEASUREMENT OF THE TOTAL
MILES OF MOTOR VEHICLE TRAFFIC IN NEW YORK STATE OVER A ONE-YEAR PERIOD.
(B) "HIGHWAY CAPACITY EXPANSION PROJECT" SHALL MEAN A PROJECT THAT
EXPANDS HIGHWAY CAPACITY, INCLUDING BUT NOT LIMITED TO THE CONSTRUCTION
OF NEW HIGHWAYS, HIGHWAY WIDENING PROJECTS, AND PROJECTS THAT ESTABLISH
GRADE SEPARATION AT AN INTERSECTION, EXCLUDING AUXILIARY LANES WITH A
LENGTH OF LESS THAN TWO THOUSAND FIVE HUNDRED FEET.
(C) "VEHICLE MILES TRAVELED IMPACT ASSESSMENT" SHALL MEAN AN ASSESS-
MENT CONDUCTED TO DETERMINE THE NET CHANGE OF VEHICLE MILES TRAVELED BY
A HIGHWAY CAPACITY EXPANSION PROJECT.
3. VEHICLE MILES TRAVELED ASSESSMENT. PRIOR TO THE APPROVAL OF ANY
CONSTRUCTION, RECONSTRUCTION, OR MAINTENANCE OF STATE HIGHWAYS THAT
WOULD BE CONSIDERED A HIGHWAY CAPACITY EXPANSION PROJECT, AS DEFINED BY
PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, THE COMMISSIONER OF
TRANSPORTATION SHALL CONDUCT A VEHICLE MILES TRAVELED IMPACT ASSESSMENT,
AS DEFINED BY PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION, TO EVAL-
UATE WHETHER THE PROJECT ALIGNS WITH THE GOAL OF REDUCING ANNUAL VEHICLE
MILES TRAVELED WITHIN THE STATE BY TWENTY PERCENT BY TWO THOUSAND FIFTY.
IF A HIGHWAY CAPACITY EXPANSION PROJECT DOES NOT ALIGN WITH THE GOAL OF
REDUCING ANNUAL VEHICLE MILES TRAVELED WITHIN THE STATE BY TWENTY
PERCENT BY TWO THOUSAND FIFTY, THE PROJECT SHALL BE ALTERED TO ALIGN
WITH THESE TARGETS BY CHANGING ITS DESIGN OR SUFFICIENTLY OFFSETTING ITS
NET CHANGE TO VEHICLE MILES TRAVELED WITH IMPACT MITIGATION EFFORTS, AS
OUTLINED IN SUBDIVISION FOUR OF THIS SECTION.
4. IMPACT MITIGATION. (A) IMPACT MITIGATION SHALL BE DEEMED SUFFICIENT
IF THE CUMULATIVE NET CHANGE ON VEHICLE MILES TRAVELED FROM IMPACT MITI-
A. 4120--B 3
GATION ACTIONS AND A HIGHWAY CAPACITY EXPANSION PROJECT OVER THE SAME
PERIOD OF TIME ALIGN WITH THE GOAL OF REDUCING ANNUAL VEHICLE MILES
TRAVELED WITHIN THE STATE BY TWENTY PERCENT BY TWO THOUSAND FIFTY.
(B) IMPACT MITIGATION SHALL INCLUDE PROJECTS, PROGRAMS, AND OPERATION
MODIFICATIONS IN ONE OR MORE OF THE FOLLOWING AREAS:
(I) ALTERNATIVE MEANS OF TRANSPORTATION INFRASTRUCTURE, INCLUDING BUT
NOT LIMITED TO PUBLIC TRANSIT EXPANSION, PUBLIC TRANSIT SERVICE IMPROVE-
MENTS, PEDESTRIAN AND CYCLIST TRANSPORTATION INFRASTRUCTURE EXPANSION
AND IMPROVEMENTS, AND MICRO-MOBILITY TRANSPORTATION INFRASTRUCTURE
EXPANSION AND IMPROVEMENTS;
(II) TRANSPORTATION DEMAND MANAGEMENT, INCLUDING BUT NOT LIMITED TO
VANPOOL AND SHARED VEHICLE PROGRAMS, REMOTE WORK, AND BROADBAND ACCESS
EXPANSION;
(III) PARKING DEMAND MANAGEMENT, INCLUDING BUT NOT LIMITED TO
REDUCTIONS IN PARKING REQUIREMENTS AND PARKING COST ADJUSTMENTS;
(IV) CHANGES TO LAND USE WHICH REDUCE VEHICLE MILES TRAVELED, INCLUD-
ING BUT NOT LIMITED TO RESIDENTIAL DENSITY INCREASES, MIXED-USE DEVELOP-
MENT, AND PUBLIC TRANSIT ORIENTED DEVELOPMENT; AND
(V) OTHER MEASURES WHICH REDUCE VEHICLE MILES TRAVELED, AS DETERMINED
BY THE COMMISSIONER.
(C) WHENEVER FEASIBLE, IMPACT MITIGATION ACTIONS SHALL BE CONDUCTED IN
AT LEAST ONE OF THE MUNICIPALITIES WHERE A HIGHWAY CAPACITY EXPANSION
PROJECT SHALL TAKE PLACE. THE COMMISSIONER IS HEREBY AUTHORIZED TO
DETERMINE WHETHER THESE IMPACT MITIGATION ACTIONS ARE SUFFICIENTLY
LOCALIZED TO REDUCE VEHICLE NET MILES TRAVELED IN THE COMMUNITIES WHERE
A HIGHWAY CAPACITY EXPANSION PROJECT WILL RESULT IN A NET CHANGE THAT
INCREASES VEHICLE MILES TRAVELED OR INSUFFICIENTLY REDUCES VEHICLE MILES
TRAVELED.
5. TECHNICAL ADVISORY COMMITTEE. THE COMMISSIONER SHALL APPOINT A
TECHNICAL ADVISORY COMMITTEE MADE UP OF TECHNICAL EXPERTS TO ADVISE THE
COMMISSIONER IN THE VEHICLE MILES TRAVELED ASSESSMENT PROCESS. THE
COMMITTEE MEMBERS SHALL BE APPOINTED BASED ON DEMONSTRATED EXPERTISE IN
TRAVEL DEMAND MODELING, TRAFFIC FORECASTING OR TRANSPORTATION-RELATED
GREENHOUSE GAS EMISSIONS ASSESSMENT AND ANALYSIS AND OTHER EXPERTISE AS
DETERMINED NECESSARY BY THE COMMISSIONER. THE COMMITTEE SHALL EVALUATE
AND RECOMMEND TOOLS FOR CALCULATING THE VEHICLE MILES TRAVELED AND
INDUCED DEMAND OF A HIGHWAY CAPACITY EXPANSION PROJECT, EVALUATE AND
RECOMMEND ADDITIONAL IMPACT MITIGATION ACTIONS WHICH REDUCE VEHICLE
MILES TRAVELED, AND IDENTIFY AND RECOMMEND BEST PRACTICES FOR CALCULAT-
ING THE NET CHANGE OF VEHICLE MILES TRAVELED FOR A HIGHWAY CAPACITY
EXPANSION PROJECT INCLUSIVE OF IMPACT MITIGATION MEASURES. THE COMMIS-
SIONER SHALL HEREBY BE AUTHORIZED TO REQUEST THE TECHNICAL ADVISORY
COMMITTEE ASSESS AND PROVIDE RECOMMENDATIONS ON OTHER ELEMENTS OF THE
VEHICLE MILES TRAVELED ASSESSMENT PROCESS, AS THEY DEEM NECESSARY.
6. REPORTING. THE COMMISSIONER SHALL SUBMIT A REPORT EVERY TWENTY-FOUR
MONTHS TO THE GOVERNOR AND THE LEGISLATURE WHICH INCLUDES A LIST OF
STATE, COUNTY, AND TOWN HIGHWAY CAPACITY EXPANSION PROJECTS APPROVED IN
NEW YORK. THE REPORT SHALL INCLUDE THE RESULTS OF THE VEHICLE MILES
TRAVELED ASSESSMENT FOR EACH HIGHWAY CAPACITY EXPANSION PROJECT INCLUD-
ING ANY IMPACT MITIGATION ACTIONS AND THEIR STATUS. SUCH REPORT SHALL
ALSO BE MADE PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE.
§ 3. Section 102 of the highway law is amended by adding a new subdi-
vision 19 to read as follows:
19. CONDUCT A VEHICLE MILES TRAVELED ASSESSMENT, AS DEFINED BY SUBDI-
VISION TWO OF SECTION TEN-H OF THIS CHAPTER, PRIOR TO THE APPROVAL OF
ANY CONSTRUCTION, RECONSTRUCTION, OR MAINTENANCE OF TOWN HIGHWAYS THAT
A. 4120--B 4
WOULD BE CONSIDERED A HIGHWAY CAPACITY EXPANSION PROJECT, AS DEFINED IN
SUBDIVISION TWO OF SECTION TEN-H OF THIS CHAPTER. IF A HIGHWAY CAPACITY
EXPANSION PROJECT DOES NOT RESULT IN A REDUCTION OF VEHICLE MILES TRAV-
ELED WHICH ALIGNS WITH THE GOAL OF REDUCING ANNUAL VEHICLE MILES TRAV-
ELED WITHIN THE STATE BY TWENTY PERCENT BY TWO THOUSAND FIFTY, THE
PROJECT SHALL BE ALTERED TO ALIGN WITH THESE TARGETS BY CHANGING ITS
DESIGN OR SUFFICIENTLY OFFSETTING ITS NET CHANGE TO VEHICLE MILES TRAV-
ELED WITH IMPACT MITIGATION EFFORTS, AS OUTLINED IN SUBDIVISION FOUR OF
SECTION TEN-H OF THIS CHAPTER. THE COUNTY SUPERINTENDENT MAY REQUEST ANY
RESOURCES AND TECHNICAL ASSISTANCE NECESSARY FROM THE COMMISSIONER TO
COMPLETE THE VEHICLE MILES TRAVELED ASSESSMENT.
§ 4. Section 140 of the highway law is amended by adding a new subdi-
vision 20 to read as follows:
20. CONDUCT A VEHICLE MILES TRAVELED ASSESSMENT, AS DEFINED BY SUBDI-
VISION TWO OF SECTION TEN-H OF THIS CHAPTER, PRIOR TO THE APPROVAL OF
ANY CONSTRUCTION, RECONSTRUCTION, OR MAINTENANCE OF TOWN HIGHWAYS THAT
WOULD BE CONSIDERED A HIGHWAY CAPACITY EXPANSION PROJECT, AS DEFINED IN
SUBDIVISION TWO OF SECTION TEN-H OF THIS CHAPTER. IF A HIGHWAY CAPACITY
EXPANSION PROJECT DOES NOT RESULT IN A REDUCTION OF VEHICLE MILES TRAV-
ELED WHICH ALIGNS WITH THE GOAL OF REDUCING ANNUAL VEHICLE MILES TRAV-
ELED WITHIN THE STATE BY TWENTY PERCENT BY TWO THOUSAND FIFTY, THE
PROJECT SHALL BE ALTERED TO ALIGN WITH THESE TARGETS BY CHANGING ITS
DESIGN OR SUFFICIENTLY OFFSETTING ITS NET CHANGE TO VEHICLE MILES TRAV-
ELED WITH IMPACT MITIGATION EFFORTS, AS OUTLINED IN SUBDIVISION FOUR OF
SECTION TEN-H OF THIS CHAPTER. THE TOWN SUPERINTENDENT MAY REQUEST ANY
RESOURCES AND TECHNICAL ASSISTANCE NECESSARY FROM THE COMMISSIONER OF
TRANSPORTATION TO COMPLETE THE VEHICLE MILES TRAVELED ASSESSMENT.
§ 5. This act shall take effect immediately; provided that sections
two, three, and four of this act shall take effect on the first of
January two years after it shall have become a law.