S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8273
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 27, 2023
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the highway law, in relation to consolidated local high-
   way assistance payments ("CHIPS")
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  1  of  section  10-c  of the highway law, as
 amended by chapter 20 of the laws of 1983, is amended and a new subdivi-
 sion 1-a is added to read as follows:
   1.  Notwithstanding any other provisions of this chapter or any  other
 law,  and  subject  to  an appropriation made therefor and in accordance
 with the provisions of this section and with the rules  and  regulations
 promulgated  by  the  commissioner in connection therewith, on and after
 the first day of April,  nineteen  hundred  eighty-two,  a  consolidated
 local  highway  assistance program is hereby established for the purpose
 of making payments toward the construction, operation and/or maintenance
 of highways, bridges and highway-railroad crossings,  INCLUDING  BICYCLE
 LANES,  GREENWAY  TRAILS,  AND OTHER PAVED TRAILS FOR NON-MOTORIZED USE,
 that are not on the state highway system. For purposes of this  section,
 such  program  shall apply to any county, city, town or village highway,
 bridge and/or highway-railroad crossing, INCLUDING BICYCLE LANES, GREEN-
 WAY TRAILS, AND OTHER PAVED TRAILS FOR  NON-MOTORIZED  USE,  within  the
 state  that is not on the state highway system and not under the mainte-
 nance and/or operational jurisdiction of  the  state.  The  commissioner
 shall  promulgate  all  necessary rules and regulations to carry out the
 program so that an equitable distribution of aid shall be made  for  the
 construction, operation and/or maintenance of any county, city, town and
 village highways, bridges and highway-railroad crossings.
   1-A.  FOR  PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13556-01-3
 A. 8273                             2
              

 
   (A) "BICYCLE LANE" SHALL HAVE THE  SAME  MEANING  AS  IN  SECTION  ONE
 HUNDRED TWO-A OF THE VEHICLE AND TRAFFIC LAW.
   (B)  "GREENWAY  TRAIL" MEANS THE TRAIL ESTABLISHED PURSUANT TO SECTION
 44-0121 OF THE ENVIRONMENTAL CONSERVATION LAW.
   § 2. The opening paragraph of subdivision 3 of  section  10-c  of  the
 highway  law,  as  amended by chapter 56 of the laws of 1993, is amended
 and a new paragraph (d) is added to read as follows:
   Amounts shall be distributed for local highways, bridges and  highway-
 railroad  crossings  in  accordance with the following [three] FOUR step
 process:
   (D) FOURTH, ON-ROAD LANE MILEAGE THAT IS SOLELY FOR NON-MOTORIZED USE,
 INCLUDING BICYCLE LANES, GREENWAY TRAILS, AND OTHER TRAILS  FOR  NON-MO-
 TORIZED USE, SHALL BE ACCOUNTED FOR PURPOSES OF CALCULATING LANE MILEAGE
 FOR THE DISTRIBUTION OF FUNDS PURSUANT TO THIS SUBDIVISION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.