NY State Senate Bill 2023-S7099

Senate Bill S7099

2023-2024 Legislative Session

Relates to requiring inclusion of complete street design for state and local transportation projects subject to oversight by the department of transportation

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Current Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to transportation
May 18, 2023	referred to transportation

co-Sponsors

2023-S7099 (ACTIVE) - Details

See Assembly Version of this Bill:: A8423
Current Committee:: Senate Transportation
Law Section:: Highway Law
Laws Affected:: Amd §331, Hway L

2023-S7099 (ACTIVE) - Summary

Requires inclusion of complete street design for state and local transportation projects undertaken by DOT or which receive both federal and state funding and are subject to DOT oversight.

2023-S7099 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7099

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the highway law, in relation to requiring certain state
and local transportation projects to include complete street design

 
PURPOSE OR GENERAL IDEA OF BILL:

To require complete streets design for certain state and local transpor-
tation projects by including complete streets design features in the
controlling criteria and design guidance for project engineers and
establishing a binding scoring template for these projects, administered
by the Department of Transportation, that prioritizes the needs of
pedestrians, cyclists, and public transportation users.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 331 of Highway Law, as added by chapter 398 of
2011, by: -Requiring the use of complete streets design features in the
controlling criteria and design guidance for engineers of major state

and local transportation projects.

- Requiring the NYS Department of Transportation to create a scoring
template based on their existing Complete Streets Checklist that will
prioritize the needs of pedestrians, cyclists, and public transit users,
particularly related to safety concerns and improving infrastructure in
areas of high demand for these users. Projects will only be approved if
they meet a minimum scoring threshold, as set by the DOT.

- Listing minor and/or single-aim transportation projects that would be
exempt from the provisions of this bill and allowing the DOT to further
exempt other minor infrastructure projects if Complete Streets design
would be an undue burden to their completion. Projects that are already
35 percent through the DOT approval process as of the effective date
would also be exempt from the provisions of this bill.

Section 2 sets the effective date.

 
JUSTIFICATION:

Nearly half of US States have required elements of complete streets
design for major transportation projects. New York's complete streets
legislation, as signed into law in 2011, only requires applicable
projects to take complete streets design into consideration, which often
leaves the needs of pedestrians, cyclists, and public transit users on
the cutting room floor. In Florida, required complete streets design has
resulted in an estimated 3 percent decrease in pedestrian fatalities,
saving 3,500 lives over 30 years. In Boulder, Colorado, a complete
streets requirement helped reduce half a million pounds of CO2 emission
annually.

New York's road design consistently prioritizes cars at the expense of
pedestrians, cyclists, public transit users, and people with disabili-
ties. Complete streets design elements would fundamentally change our
approach to transportation projects, requiring improvements in pedestri-
an, cyclist, ADA compliant, and public transit infrastructure that could
include expanding sidewalks, building median crossing islands, creating
new protected bike lanes and areas for bike parking, creating audible
cues for people with low vision, expanding wheelchair accessible curbs,
building bus fare prepay stations, new bus shelters, more bus lanes,
adding landscaped zones, trees, and vegetated refuge areas, and much
more.  Complete streets design is proven to help keep pedestrians and
cyclists safe, improve air quality, and reduce commute times. It is past
time that all major transportation projects in NYS utilize complete
streets design to improve safety and livability in our communities.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it becomes law.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.

2023-S7099 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7099
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2023
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN  ACT to amend the highway law, in relation to requiring certain state
   and local transportation projects to include complete street design
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 331 of the highway law, as added by chapter 398 of
 the laws of 2011, is amended to read as follows:
   § 331. [Consideration] INCLUSION of complete street  design.  (a)  For
 all  state, county and local transportation projects that are undertaken
 by the department or receive both federal  and  state  funding  and  are
 subject  to  department  of  transportation oversight, the department or
 agency with jurisdiction over such projects shall [consider] INCLUDE the
 convenient access and mobility on the road network by all users  of  all
 ages, including motorists, pedestrians, bicyclists, and public transpor-
 tation  users  [through]  BY REQUIRING the use of complete street design
 features AS THE CONTROLLING CRITERIA AND DESIGN GUIDANCE  FOR  ENGINEERS
 in  the  planning,  design,  construction,  reconstruction and rehabili-
 tation, but not including resurfacing, maintenance, or pavement  recycl-
 ing  of  such projects.  THE DEPARTMENT OF TRANSPORTATION SHALL CREATE A
 SCORING TEMPLATE FOR PROJECTS BASED UPON THE COMPLETE STREETS  CHECKLIST
 TO  ENSURE  PRIORITIZATION  OF  USERS  THAT WALK, BIKE OR UTILIZE PUBLIC
 TRANSPORT. THIS SCORING TEMPLATE SHALL PRIORITIZE PEDESTRIAN AND CYCLIST
 SAFETY AND PROJECTS THAT MAKE IMPROVEMENTS IN AREAS OF HIGH  PEDESTRIAN,
 CYCLIST, OR PUBLIC TRANSPORTATION DEMAND. THE DEPARTMENT SHALL ESTABLISH
 A MINIMUM SCORING THRESHOLD AND SHALL NOT APPROVE ANY PROJECT WHICH DOES
 NOT MEET SUCH MINIMUM SCORE.
   (b)  Complete  street design features are roadway design features that
 accommodate and facilitate convenient access and mobility by all  users,
 including  current  and projected users, particularly pedestrians, bicy-
 clists and individuals of all ages and  abilities.  These  features  may
 include, but need not be limited to: sidewalks, paved shoulders suitable
 for  use  by  bicyclists,  lane  striping, bicycle lanes, share the road
 signage, crosswalks, road diets, pedestrian control  signalization,  bus

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11488-02-3
 S. 7099                             2
 
 pull  outs,  curb  cuts, raised crosswalks and ramps and traffic calming
 measures; and recognize that the needs of users of the road network vary
 according to a rural, urban and suburban context.   A PROJECT  WHICH  IS
 SOLELY FOCUSED ON EITHER PEDESTRIANS OR BICYCLISTS OR PUBLIC TRANSPORTA-
 TION  USERS  SHALL  NOT  BE  REQUIRED TO INCLUDE DESIGN FEATURES FOR THE
 OTHER CATEGORIES IN ITS DESIGN.
   (c) This section shall not apply if it has  been  determined  and  set
 forth in publicly available documents that one of the following exists:
   (i)  use  by  bicyclists and pedestrians is prohibited by law, such as
 within interstate highway corridors; or
   (ii) the cost would be disproportionate to the need as  determined  by
 factors  including, but not limited to, the following: land use context;
 current and projected traffic volumes; and population density; or
   (iii) demonstrated lack of need as determined by  factors,  including,
 but  not  limited  to,  land use, current and projected traffic volumes,
 including population density, or demonstrates lack of community support;
 or
   (iv) use of the design features would have an adverse impact on, or be
 contrary to, public safety.
   (C-1) ADDITIONALLY, THE REQUIREMENTS OF THIS SECTION SHALL  NOT  APPLY
 TO THE FOLLOWING PROJECTS:
   (I)  PAVEMENT PRESERVATION ACTIVITIES SUCH AS CRACK SEALING, FOG SEAL-
 ING, CHIP SEALING, AND RUBBER CHIP SEALING;
   (II) BRIDGE PRESERVATION/MAINTENANCE TREATMENTS SUCH AS JOINT  REPAIR,
 DECK REPAIR, SUPERSTRUCTURE REPAIR, AND SUBSTRUCTURE REPAIR;
   (III)  NON-ROADWAY  MAINTENANCE  ACTIONS  SUCH  AS MOWING, CATCH BASIN
 CLEANING, OR STREET SWEEPING;
   (IV) DRAINAGE ONLY PROJECTS;
   (V) NOISE BARRIER ONLY PROJECTS;
   (VI) GUARDRAIL ONLY PROJECTS;
   (VII) LIGHTING ONLY PROJECTS;
   (VIII) TRAFFIC SIGNAL EQUIPMENT ONLY PROJECTS;
   (IX) SIGNING ONLY PROJECTS;
   (X) LANDSCAPE ONLY PROJECTS;
   (XI) VERTICAL CONSTRUCTION PROJECTS; AND
   (XII) ANY OTHER MINOR ROAD  IMPROVEMENT  PROJECT  WHERE  INCLUSION  OF
 PEDESTRIAN,  CYCLIST,  OR  PUBLIC TRANSIT PROVISIONS WOULD SIGNIFICANTLY
 HINDER THE PROJECT'S COMPLETION, AS  DETERMINED  BY  THE  DEPARTMENT  OF
 TRANSPORTATION ON A CASE-BY-CASE BASIS.
   (d)  Nothing in this section shall be construed to require the depart-
 ment or agency with jurisdiction over a  project  to  expend  monies  in
 accordance  with  subdivision (a) of this section that exceed the amount
 of state and federal funding for complete street design features.
   (E) PROJECTS THAT HAVE RECEIVED AT LEAST THIRTY-FIVE PERCENT  APPROVAL
 BY  THE  DEPARTMENT  OF  TRANSPORTATION  OR  OTHER AGENCY OR ENTITY WITH
 JURISDICTION OVER THE PROJECT, AS OF THE EFFECTIVE DATE OF  THE  CHAPTER
 OF  THE  LAWS  OF  TWO THOUSAND TWENTY-THREE WHICH AMENDED THIS SECTION,
 SHALL NOT BE SUBJECT TO THE ADDITIONAL REQUIREMENTS UNDER  THIS  SECTION
 MADE  BY  SUCH  CHAPTER,  BUT SHALL BE SUBJECT TO THE PROVISIONS OF THIS
 SECTION IN EFFECT PRIOR TO SUCH EFFECTIVE DATE.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

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Senate Bill S7099

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Sponsored By

Andrew Gounardes