S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7870
 
                             I N  S E N A T E
 
                              January 3, 2024
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the transportation law, in relation  to  establishing  a
   bicycle and pedestrian planning assistance program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The transportation law is amended by adding a  new  section
 14-o to read as follows:
   § 14-O. BICYCLE AND PEDESTRIAN PLANNING ASSISTANCE PROGRAM. 1. PROGRAM
 ESTABLISHED.  THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT A "BICY-
 CLE  AND  PEDESTRIAN  PLANNING  ASSISTANCE PROGRAM". THE PURPOSES OF THE
 PROGRAM SHALL BE TO PROVIDE COUNTY AND MUNICIPAL GOVERNMENTS WITH  PLAN-
 NING  ASSISTANCE FOR LOCALLY DRIVEN PROJECTS AND ACTIVITIES THAT LEAD TO
 BICYCLE AND PEDESTRIAN FRIENDLY INFRASTRUCTURE.
   2. APPLICATION TO PROGRAM. (A) THE COMMISSIONER SHALL CREATE A COMPET-
 ITIVE APPLICATION PROCESS UNDER WHICH COUNTY AND  MUNICIPAL  GOVERNMENTS
 MAY  APPLY  FOR  ASSISTANCE  UNDER  THE  PROGRAM. THE COMMISSIONER SHALL
 DEVELOP EVALUATION METHODS FOR APPROVAL OR DENIAL OF COUNTY AND  MUNICI-
 PAL  GOVERNMENTS  THAT  HAVE  APPLIED  TO THE PROGRAM FOR ASSISTANCE, IN
 ACCORDANCE WITH THE CRITERIA UNDER PARAGRAPH (B) OF THIS SUBDIVISION.
   (B) IN ORDER FOR A COUNTY OR MUNICIPAL  GOVERNMENT'S  APPLICATION  FOR
 ASSISTANCE  TO BE APPROVED UNDER PARAGRAPH (A) OF THIS SUBDIVISION, SUCH
 COUNTY OR MUNICIPAL  GOVERNMENT'S  APPLICATION  SHALL  INCLUDE  EVIDENCE
 THAT:
   (I)  SINCERE INTEREST EXISTS IN THE LOCAL COMMUNITY WITHIN SUCH COUNTY
 OR MUNICIPALITY IN IMPROVING BICYCLE AND PEDESTRIAN FRIENDLY INFRASTRUC-
 TURE;
   (II) SAFETY ISSUES EXIST WITHIN SUCH COUNTY OR MUNICIPALITY DUE  TO  A
 SIGNIFICANT  NEED  FOR  IMPROVED BICYCLE AND PEDESTRIAN FRIENDLY INFRAS-
 TRUCTURE, AND THAT SUCH SAFETY ISSUES CAN BE ADDRESSED IF ASSISTANCE  IS
 PROVIDED UNDER THE PROGRAM;
   (III)  IF  SUCH  APPLICATION  IS  APPROVED,  PLANNING  EFFORTS WILL BE
 DIRECTED TOWARDS THE NEEDS OF SPECIAL  POPULATIONS  INCLUDING,  BUT  NOT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11792-01-3
              

 S. 7870                             2
 
 LIMITED  TO,  SENIOR CITIZENS, CHILDREN AND/OR PEOPLE WITH DISABILITIES;
 AND/OR
   (IV)  SUCH  COUNTY  OR  MUNICIPAL  GOVERNMENT HAS AN EXISTING COMPLETE
 STREETS POLICY UNDER SECTION THREE HUNDRED  THIRTY-ONE  OF  THE  HIGHWAY
 LAW, OR AN EXISTING COMMITMENT TO ADOPTING SUCH A POLICY.
   (C)  TO THE EXTENT PRACTICABLE, AT LEAST THIRTY-FIVE PERCENT OF APPLI-
 CATIONS APPROVED PURSUANT TO THIS SUBDIVISION SHALL BE FOR  PROJECTS  IN
 DISADVANTAGED  COMMUNITIES,  OR  THAT THE COUNTY OR MUNICIPAL GOVERNMENT
 DEMONSTRATES WILL PROVIDE A BENEFICIAL IMPACT TO ONE OR  MORE  DISADVAN-
 TAGED COMMUNITIES.
   3.  ASSISTANCE  UNDER  PROGRAM.  (A) ALL PLANNING EFFORTS FOR IMPROVED
 BICYCLE AND PEDESTRIAN FRIENDLY INFRASTRUCTURE UNDER THE  PROGRAM  SHALL
 BE  LOCALLY  DRIVEN, INCLUDING THE COMMITMENT OF PERSONNEL AND/OR FINAN-
 CIAL RESOURCES BY THE COUNTY OR MUNICIPAL GOVERNMENT,  PUBLIC  OUTREACH,
 AND PARTICIPATION BY LOCAL OFFICIALS AND CITIZENS.
   (B)  THE PROGRAM SHALL PROVIDE SUPPORT TO COUNTY AND MUNICIPAL GOVERN-
 MENTS APPROVED UNDER SUBDIVISION TWO OF THIS SECTION, AT  NO  COST,  FOR
 THE  FOLLOWING  PLANNING  ACTIVITIES  TO  IMPROVE BICYCLE AND PEDESTRIAN
 FRIENDLY INFRASTRUCTURE, INCLUDING, BUT NOT LIMITED TO:
   (I) EVALUATION OF BICYCLE AND/OR  PEDESTRIAN  SAFETY  ISSUES  AND  THE
 DEVELOPMENT OF POTENTIAL SOLUTIONS;
   (II)  COMPREHENSIVE  BICYCLE  AND/OR  PEDESTRIAN  PLANS OR CIRCULATION
 ELEMENTS;
   (III) BICYCLE AND/OR PEDESTRIAN CIRCULATION STUDIES  FOCUSING  ON  KEY
 CORRIDORS  OR ACTIVITY CENTERS IN THE COUNTY OR MUNICIPALITY, INCLUDING,
 BUT NOT LIMITED TO SCHOOLS, PARKS, SHOPPING CENTERS,  TRANSIT  STATIONS,
 EMPLOYMENT CENTERS, AND OTHER COMMUNITY FACILITIES;
   (IV)  PLANNING  LOCATION  OR  FEASIBILITY  ASSESSMENTS  FOR SHARED-USE
 PATHS, INCLUDING RAIL TRAILS AND RAIL WITH TRAILS;
   (V) COMPLETE STREETS POLICY DEVELOPMENT AND IMPLEMENTATION PLANS UNDER
 SECTION THREE HUNDRED THIRTY-ONE OF THE HIGHWAY LAW;
   (VI) SIDEWALK INVENTORIES;
   (VII) WALKABILITY AUDITS;
   (VIII) INVENTORIES OR AUDITS OF BICYCLE COMPATIBLE ROADWAYS AND DESIG-
 NATED BICYCLE FACILITIES;
   (IX) BICYCLE SUITABILITY MAPPING;
   (X) DEFICIENCY ANALYSES, IN TERMS OF BICYCLE AND/OR PEDESTRIAN  TRAVEL
 ALONG  SELECTED  ROUTES  TO SCHOOLS, TRANSIT FACILITIES, DOWNTOWN AREAS,
 AND OTHER FREQUENTLY COMMUTED ROUTES,  ALONG  WITH  RECOMMENDATIONS  FOR
 MITIGATING SUCH DEFICIENCIES;
   (XI) RESIDENTIAL NEIGHBORHOOD OR DOWNTOWN TRAFFIC CALMING; AND/OR
   (XII)  SAFE ROUTES TO SCHOOL TRAVEL PROJECTS UNDER SUBDIVISION THIRTY-
 FIVE OF SECTION FOURTEEN OF THIS ARTICLE.
   4. FUNDING. THE COMMISSIONER SHALL, SUBJECT TO  LEGISLATIVE  APPROVAL,
 APPROPRIATE  ANY  FUNDS  NECESSARY FOR THE ADMINISTRATION OF THE PROGRAM
 FROM THOSE RECEIVED BY THE STATE UNDER THE FEDERAL DEPARTMENT OF  TRANS-
 PORTATION'S CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
   5.  RULES  AND  REGULATIONS.  THE  COMMISSIONER SHALL BE AUTHORIZED TO
 PROMULGATE ANY RULES AND/OR REGULATIONS NECESSARY FOR THE IMPLEMENTATION
 OF THE PROVISIONS OF THIS SECTION.
   6. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "DISADVANTAGED COMMUNITIES" MEANS COMMUNITIES THAT BEAR BURDENS OF
 NEGATIVE  PUBLIC  HEALTH  EFFECTS,  ENVIRONMENTAL  POLLUTION, IMPACTS OF
 CLIMATE CHANGE, AND POSSESS CERTAIN SOCIOECONOMIC CRITERIA, OR  COMPRISE
 S. 7870                             3
 
 HIGH-CONCENTRATIONS  OF  LOW- AND MODERATE-INCOME HOUSEHOLDS, AS IDENTI-
 FIED PURSUANT TO SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVATION LAW.
   (B)  "PROGRAM"  MEANS  THE  BICYCLE AND PEDESTRIAN PLANNING ASSISTANCE
 PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.