S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4198
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to enact  the "New York wildlife crossing  act";  to  direct  the
   department  of  transportation  to  identify sites along all highways,
   thruways, and parkways in the state where wildlife crossings are  most
   needed to increase public safety and improve habitat connectivity; and
   to create a priority list of wildlife crossing opportunity areas where
   federal  grant  monies  may  be  available  to  implement the top five
   projects identified
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title.  This act maybe known and cited as the "New
 York wildlife crossing act".
   § 2. For the purposes of this act:
   "Wildlife crossing" means  a  structure  designed  or  retrofitted  to
 enable  wildlife  to  successfully  cross  roads  and other human-caused
 barriers to wildlife movement.  Such crossings may include  but  not  be
 limited to culverts, bridges, wildlife underpass tunnels, wildlife over-
 pass bridges, and fencing associated with such structures.
   §  3.  The  department  of  transportation  is  hereby  authorized and
 directed to assess all highways, thruways, and parkways in the state for
 potential wildlife crossings to improve wildlife  habitat  connectivity,
 reduce  wildlife  vehicle collisions, and increase public safety for New
 York motorists. The department of transportation shall use the  findings
 of  their  assessment  to finalize a top ten wildlife crossings priority
 list no later than two years after the effective date of this  act.  The
 priority list of crossing sites shall be determined by the following:
   (a) (i) Identification of road segments that pose a risk to successful
 wildlife  movement  and habitat connectivity, or that pose a risk to the
 traveling public due to wildlife-vehicle collisions;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02060-03-3
 S. 4198                             2
              

 
   (ii) Any available or subsequently collected data, or  recommendations
 provided by the department of environmental conservation, the department
 of  transportation, and the department of motor vehicles on needed road-
 way mitigation measures to improve wildlife movement and habitat connec-
 tivity.
   (b) Identification of bridges and culverts that block or impede, espe-
 cially  road  segments that negatively affect wildlife habitat and move-
 ment;
   (c) Information about how increased movement of species could  benefit
 overused and highly impacted habitat areas;
   (d) Maps that identify locations of:
   (i) existing wildlife crossings; and
   (ii)  potential  sites for additional wildlife crossings based on this
 study;
   (e) Economic benefits anticipated from  preserving  wildlife  movement
 patterns,  including  the  potential  impact of reduced wildlife-vehicle
 collisions;
   (f) The feasibility and constructability of wildlife crossing  infras-
 tructure; and
   (g)  Any  additional  information that the department of environmental
 conservation deems necessary and appropriate to carry out the intent and
 purposes of this act.
   § 4. Two years after the effective date of this act, the department of
 transportation shall make public its identified list of  priority  wild-
 life  crossing opportunities. The priority opportunity list and accompa-
 nying information listed below shall be updated every five  years  after
 publication  of  the  initial  list.  The publicized list of the top ten
 priority wildlife crossing opportunities shall  be  accompanied  by  the
 following information:
   (a) Feasibility factors impacting construction for the top five of the
 top ten wildlife crossing opportunities, which should include any avail-
 able and helpful estimate costs, the availability and habitat quality of
 the  land  on  either  side  of  the  crossings, and any relevant public
 support for the crossings;
   (b) A description of any methodologies used  beyond  the  requirements
 listed  in  subdivisions  (a)  and  (b)  of section three of this act to
 create the top ten list; and
   (c) A list of available federal grant funds that the top five projects
 are eligible for.
   § 5. The department of transportation may consult with  any  state  or
 local  office,  agency,  or  department and request information from any
 such entity that is relevant and material  to  the  completion  of  this
 study and report.
   §  6.  The  department  of  transportation is hereby directed to addi-
 tionally update  appropriate  design  guidance,  including  the  Highway
 Design Manual, by July 1, 2026, to incorporate design concepts for wild-
 life  passage  features and related standard plans and specifications as
 appropriate.
   § 7. This act shall take effect immediately.