S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4120--A
 
                        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  -- 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

 AN  ACT  to  amend the highway law, in relation to reductions in vehicle
   miles traveled in state highway projects; and to amend  the  New  York
   state  climate leadership and community protection act, in relation to
   clean energy goals
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph d of subdivision 12 of section 1 of chapter 106
 of the laws of 2019, constituting the New York state climate  leadership
 and community protection act, is amended to read as follows:
   d. the adoption of a state energy plan establishing clean energy goals
 for  the  year  2030 aimed at reducing greenhouse gas emission levels by
 40% from 1990 levels, REDUCING THE ANNUAL TOTAL OF VEHICLE  MILES  TRAV-
 ELED  WITHIN THE STATE BY 20% BY 2050, producing 70% of electricity from
 renewable sources, increasing energy efficiency from 2012 levels by  23%
 and  the  additional  expressed goal of reducing 100% of the electricity
 sector's greenhouse gas emissions by 2040;
   § 2. 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 targets set by the New York state climate
 leadership and community protection act and developing a plan to assess,
 monitor, and approve a project's impact mitigation actions. The  working
 group  shall  aid  the  commissioner  of  transportation in establishing
 procedures to assist counties and towns seeking  to  comply  with  their
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06183-07-4
              

 A. 4120--A                          2
 
 vehicle  miles traveled assessment requirements, as outlined in sections
 one hundred two and one hundred four 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
 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.
   § 3. 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. 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.
   2. 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 ONE OF THIS SECTION, THE COMMISSIONER OF
 TRANSPORTATION SHALL CONDUCT A VEHICLE MILES TRAVELED IMPACT ASSESSMENT,
 AS DEFINED BY PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION, TO EVAL-
 UATE  WHETHER  THE  PROJECT  ALIGNS  WITH  THE  VEHICLE  MILES  TRAVELED
 REDUCTION  TARGETS  SET  BY  THE  NEW  YORK STATE CLIMATE LEADERSHIP AND
 COMMUNITY PROTECTION ACT. THIS ASSESSMENT SHALL RECOGNIZE  AND  CONSIDER
 THAT HIGHWAY CAPACITY EXPANSION PROJECTS RESULT IN INDUCED DEMAND, WHER-
 EAS  MORE  VEHICLES UTILIZE A HIGHWAY AFTER A HIGHWAY CAPACITY EXPANSION
 PROJECT, AND THEREFORE,  THESE  PROJECTS  DO  NOT  SIGNIFICANTLY  REDUCE
 POLLUTION,  CONGESTION, OR VEHICLE MILES TRAVELED. IF A HIGHWAY CAPACITY
 EXPANSION PROJECT DOES NOT RESULT IN A REDUCTION OF VEHICLE MILES  TRAV-
 ELED  WHICH  ALIGNS  WITH  THE TARGETS SET BY THE NEW YORK STATE CLIMATE
 LEADERSHIP AND COMMUNITY PROTECTION ACT, THE PROJECT SHALL BE ALTERED TO
 ALIGN WITH THESE TARGETS BY CHANGING ITS DESIGN OR SUFFICIENTLY  OFFSET-
 TING  ITS  NET  CHANGE  TO VEHICLE MILES TRAVELED WITH IMPACT MITIGATION
 EFFORTS, AS OUTLINED IN SUBDIVISION THREE OF THIS SECTION.
   3. IMPACT MITIGATION. (A) IMPACT MITIGATION SHALL BE DEEMED SUFFICIENT
 IF THE CUMULATIVE NET CHANGE ON VEHICLE MILES TRAVELED FROM IMPACT MITI-
 GATION ACTIONS AND A HIGHWAY CAPACITY EXPANSION PROJECT  OVER  THE  SAME
 A. 4120--A                          3
 
 PERIOD  OF  TIME ALIGN WITH VEHICLE MILES TRAVELED REDUCTION TARGETS SET
 BY THE NEW YORK STATE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT.
   (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.
   4.  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.
   5. 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.
   §  4. 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  ONE  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
 A. 4120--A                          4
 
 SUBDIVISION ONE 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 TARGETS SET BY THE  NEW  YORK  STATE  CLIMATE
 LEADERSHIP AND COMMUNITY PROTECTION ACT, THE PROJECT SHALL BE ALTERED TO
 ALIGN  WITH THESE TARGETS BY CHANGING ITS DESIGN OR SUFFICIENTLY OFFSET-
 TING ITS NET CHANGE TO VEHICLE MILES  TRAVELED  WITH  IMPACT  MITIGATION
 EFFORTS, AS OUTLINED IN SUBDIVISION THREE OF SECTION TEN-H OF THIS CHAP-
 TER.  THE  COUNTY SUPERINTENDENT MAY REQUEST ANY RESOURCES AND TECHNICAL
 ASSISTANCE NECESSARY FROM THE COMMISSIONER TO COMPLETE THE VEHICLE MILES
 TRAVELED ASSESSMENT.
   § 5. 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 ONE 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  ONE 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 TARGETS SET BY THE NEW YORK STATE CLIMATE
 LEADERSHIP AND COMMUNITY PROTECTION ACT, THE PROJECT SHALL BE ALTERED TO
 ALIGN WITH THESE TARGETS BY CHANGING ITS DESIGN OR SUFFICIENTLY  OFFSET-
 TING  ITS  NET  CHANGE  TO VEHICLE MILES TRAVELED WITH IMPACT MITIGATION
 EFFORTS, AS OUTLINED IN SUBDIVISION THREE OF SECTION TEN-H OF THIS CHAP-
 TER. THE TOWN SUPERINTENDENT MAY REQUEST  ANY  RESOURCES  AND  TECHNICAL
 ASSISTANCE NECESSARY FROM THE COMMISSIONER OF TRANSPORTATION TO COMPLETE
 THE VEHICLE MILES TRAVELED ASSESSMENT.
   §  6.  This  act shall take effect immediately; provided that sections
 three, four and five of this act shall take effect on the first of Janu-
 ary two years after it shall have become a law.