Senate Bill S1981B

2023-2024 Legislative Session

Establishes clean energy goals of reducing the annual total of vehicle miles traveled within the state by 20% by the year 2050

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Archive: Last Bill Status - In Senate Committee Environmental Conservation 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 14, 2024	print number 1981b
May 14, 2024	amend (t) and recommit to environmental conservation
Feb 02, 2024	print number 1981a
Feb 02, 2024	amend (t) and recommit to environmental conservation
Jan 03, 2024	referred to environmental conservation
Jan 18, 2023	referred to environmental conservation

Bill Amendments

Original

B (Active)

co-Sponsors

2023-S1981 - Details

See Assembly Version of this Bill:: A4120
Current Committee:: Senate Environmental Conservation
Law Section:: Highway Law
Laws Affected:: Add §10-h, amd §§102 & 140, Hway L
Versions Introduced in 2025-2026 Legislative Session:: S4044, A4230

2023-S1981 - Summary

Establishes clean energy goals of reducing the annual total of vehicle miles traveled within the state by 20% by the year 2050; requires state and local highway projects to comply with reductions to vehicle miles traveled targets.

2023-S1981 - Sponsor Memo

                                 
BILL NUMBER: S1981

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the New York state climate leadership and community
protection act, in relation to clean energy goals

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish a goal of reducing the annual total of vehicle miles trav-
eled within the state by 15 percent by 2050

 
SUMMARY OF PROVISIONS:

Section one of this bill amends 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.

Section two sets the effective date.

JUSTIFICATION:

According to the New York State Department of Environmental Conservation
(NYS DEC), for most New Yorkers the largest part of our carbon footprint
comes from transportation: driving to and from work, driving to the
store, driving out of town for the weekend, basically, driving period.
This holds true for New York State's entire economy, as well. Transpor-
tation emissions make up 34 percent of our total greenhouse gas emis-
sions, almost equaling those from the commercial and industrial sectors
combined.

Vehicle level of service (LOS) is a metric influencing roadway design
that has historically been sought as a solution to congestion.  However,
decades of evidence have shown that improving LOS does not alleviate
congestion. While expanding road capacity might provide relief for the
first few years, it actually has the opposite effect, even within the
first five years of operation (Duranton and Turner, 2011). The over-em-
phasis on vehicular level of service has induced Vehicle Miles Traveled
(VMT), thereby reducing or eliminating any congestion relief benefits
while driving transportation's impact on greenhouse gas emissions.

Our State Environmental Quality Review (SEQR) in New York currently
focuses on a project's effect on automobile delay (Vehicle Level of
Service LOS). By eliminating the relevance of LOS as a metric and
utilizing VMT reduction instead, we can provide a new criteria for
determining the significance of transportation impacts to promote:  (1)
a reduction in greenhouse gas emissions; (2) development of multimodal
transportation networks; and (3) a diversity of land uses that will
reduce greenhouse gas emissions from the transportation sector.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S1981 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1981
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN  ACT  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 15% 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. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06183-01-3

co-Sponsors

2023-S1981A - Details

See Assembly Version of this Bill:: A4120
Current Committee:: Senate Environmental Conservation
Law Section:: Highway Law
Laws Affected:: Add §10-h, amd §§102 & 140, Hway L
Versions Introduced in 2025-2026 Legislative Session:: S4044, A4230

2023-S1981A - Summary

2023-S1981A - Sponsor Memo

                                 
BILL NUMBER: S1981A

SPONSOR: GOUNARDES
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish a goal of reducing the annual total of vehicle miles trav-
eled in NYS by 20% by 2050 and require state, county, and town highway
projects that expand highway capacity to undergo a vehicle miles trav-
eled assessment prior to approval and require alterations in project
scope or sufficient impact mitigation if projects do not align with
these goals

 
SUMMARY OF PROVISIONS:

Section 1 sets a statewide target to reduce annual total vehicle miles

traveled by 20% by 2050.

Section 2 establishes a vehicle miles traveled assessment working group
which will help make recommendations to the commissioner to ensure
assessments are conducted accurately, projects outline and deliver on
sufficient impact mitigation, and counties and towns have the resources
they need to meet their requirements under the legislation.

Section 3 requires state highway projects that expand highway capacity
to undergo a vehicle miles traveled assessment prior to approval; this
assessment shall identify whether the project's net change on vehicle
miles traveled aligns with the goals set in section 1 and require alter-
ations to the project's scope to align with these goals or a certain
level of impact mitigation efforts to sufficiently reduce the vehicle
miles traveled of a given project. Impact mitigation efforts include
expansion and improvements to public transit, pedestrian and cyclist
transportation infrastructure, micro-mobility transportation infrastruc-
ture, changes to transportation demand management and parking demand
management, public transit oriented development and other land use meas-
ures that decrease vehicle miles traveled. These impact mitigation
efforts should be conducted in the municipalities affected by a highway
capacity expansion project whenever feasible. This section also requires
a report from the commissioner every 24 months on the results of these
assessments and establishes a technical advisory committee to aid the
commissioner in the implementation of this act.

Section 4 requires county highway expansion projects to undergo a vehi-
cle miles traveled assessment with the same parameters and requirements
as those for state highways.

Section 5 requires town highway expansion projects to undergo a vehicle
miles traveled assessment with the same parameters and requirements as
those for state highways.

 
JUSTIFICATION:


According to the New York State Department of Environmental Conservation
(NYS DEC), for most New Yorkers the largest part of our carbon footprint
comes from transportation: driving to and from work, driving to the
store, driving out of town for the weekend, basically, driving period.
This holds true for New York State's entire economy, as well. Transpor-
tation emissions make up 34 percent of our total greenhouse gas emis-
sions, almost equaling those from the commercial and industrial sectors
combined.

Vehicle level of service (LOS) is a metric influencing roadway design
that has historically been sought as a solution to congestion.  However,
decades of evidence have shown that improving LOS does not alleviate
congestion. While expanding road capacity might provide relief for the
first few years, it actually has the opposite effect, even within the
first five years of operation (Duranton and Turner, 2011). The over-em-
phasis on vehicular level of service leads to more vehicle miles trav-
eled (VMT), thereby reducing or eliminating any congestion relief bene-
fits while driving transportation's impact on greenhouse gas emissions.

This bill sets a goal of reducing vehicle miles traveled in New York
State by 20 percent by 2050 and requires the design of highway capacity
expansion projects to align with this goal. Setting a vehicle miles
traveled reduction goal and tying highway capacity expansion projects to
the impact mitigation efforts listed above has proven successful in
other states including Colorado and Minnesota.  In Minnesota, a Rocky
Mountain Institute Analysis found that Minnesota would see up to $91
billion in benefits if it can meet the 20 percent by 2050 goal and make
climate-smart transportation investments. New York has the opportunity
to recognize that highway capacity expansion is not a panacea for our
transportation issues. We can capture these same benefits that Minnesota
and other states have unlocked and make critical investments in the
transportation infrastructure that rural, suburban, and urban communi-
ties across our state deserve.

 
PRIOR LEGISLATIVE HISTORY:

2023: S1981 - Referred to Environmental Conservation

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately; provided that sections three,
four and five of this act shall take effect on the first of January two
years after it shall have become a law

2023-S1981A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1981--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by  Sens. GOUNARDES, HOYLMAN-SIGAL -- read twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental Conservation -- recommitted to the Committee  on  Environmental
   Conservation  in  accordance  with  Senate Rule 6, sec. 8 -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06183-06-4

 S. 1981--A                          2
 
 procedures  to  assist  counties  and towns seeking to comply with their
 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
 S. 1981--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
 S. 1981--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.

co-Sponsors

View additional co-sponsors

2023-S1981B (ACTIVE) - Details

See Assembly Version of this Bill:: A4120
Current Committee:: Senate Environmental Conservation
Law Section:: Highway Law
Laws Affected:: Add §10-h, amd §§102 & 140, Hway L
Versions Introduced in 2025-2026 Legislative Session:: S4044, A4230

2023-S1981B (ACTIVE) - Summary

2023-S1981B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1981B

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the highway law, in relation to reductions in vehicle
miles traveled in highway projects in New York state

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish a goal of reducing the annual total of vehicle miles trav-
eled in New York State by 20% by 2050, require state, county, and town
highway projects that expand highway capacity to undergo a vehicle miles
traveled assessment prior to approval, and require alterations in
project scope or sufficient impact mitigation if projects do not align
with these goals

 
SUMMARY OF PROVISIONS:

Section 1 establishes a vehicle miles traveled assessment working group
which will help make recommendations to the commissioner to ensure
assessments are conducted accurately, projects outline and deliver on

sufficient impact mitigation, and counties and towns have the resources
they need to meet their requirements under the legislation.

Section 2 requires state highway projects that expand highway capacity
to undergo a vehicle miles traveled assessment prior to approval; this
assessment shall identify whether the project's net change on vehicle
miles traveled aligns with the goal of reducing annual vehicle miles
traveled in NYS by 20% by 2050 and require alterations to the project's
scope to align with these goals or a certain level of impact mitigation
efforts to sufficiently reduce the vehicle miles traveled of a given
project. Impact mitigation efforts include expansion and improvements to
public transit, pedestrian and cyclist transportation infrastructure,
micro-mobility transportation infrastructure, changes to transportation
demand management and parking demand management, public transit oriented
development and other land use measures that decrease vehicle miles
traveled. These impact mitigation efforts should be conducted in the
municipalities affected by a highway capacity expansion project whenever
feasible.  This section also requires a report from the commissioner
every 24 months on the results of these assessments and establishes a
technical advisory committee to aid the commissioner in the implementa-
tion of this act.

Section 3 requires county highway expansion projects to undergo a vehi-
cle miles traveled assessment with the same parameters and requirements
as those for state highways.

Section 4 requires town highway expansion projects to undergo a vehicle
miles traveled assessment with the same parameters and requirements as
those for state highways.

Section 5 sets the effective date.

 
JUSTIFICATION:

According to the New York State Department of Environmental Conservation
(NYS DEC), for most New Yorkers the largest part of our carbon footprint
comes from transportation: driving to and from work, driving to the
store, driving out of town for the weekend, basically, driving period.
This holds true for New York State's entire economy, as well. Transpor-
tation emissions make up 34 percent of our total greenhouse gas emis-
sions, almost equaling those from the commercial and industrial sectors
combined.

This bill sets a goal of reducing vehicle miles traveled in New York
State by 20 percent by 2050 and requires the design of highway capacity
expansion projects to align with this goal. Setting a vehicle miles
traveled reduction goal and tying highway capacity expansion projects to
the impact mitigation efforts listed above has proven successful in
other states including Colorado and Minnesota.  In Minnesota, a Rocky
Mountain Institute (RMI) Analysis found that Minnesota would see up to
$91 billion in benefits if it can meet the 20 percent by 2050 goal and
make climate-smart transportation investments.

RMI also calculated the benefits for each state if they can meet the
goal of reducing vehicle miles traveled by 20% by 2050. They found that
New York would avoid 227 million metric tons of carbon emissions over 25
years (the second-most of any state), would save households an average
of $3,750 annually in fuel, vehicle maintenance and depreciation (the
second-most of any state), and would avoid 4,940 deaths per year in
reduced traffic crashes, improved air quality and increased physical
activity (the second-most of any state). New York has the opportunity to
recognize that highway capacity expansion is not a panacea for our
transportation issues. We can capture these same benefits that Minnesota
and other states have unlocked and make critical investments in the
transportation infrastructure that rural, suburban, and urban communi-
ties across our state deserve.

 
PRIOR LEGISLATIVE HISTORY:

2023: S1981 - Referred to Environmental Conservation

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately; provided that sections two,
three and four of this act shall take effect on the first of January two
years after it shall have become a law

2023-S1981B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1981--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced by Sens. GOUNARDES, HOYLMAN-SIGAL, KRUEGER, SEPULVEDA -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Environmental Conservation -- recommitted to the  Commit-
   tee  on  Environmental  Conservation in accordance with Senate Rule 6,
   sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended  and  recommitted  to  said committee -- 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 highway projects in New York state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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 goal of reducing annual vehicle miles trav-
 eled  within  the  state by 20% by 2050 and developing a plan to assess,
 monitor, and approve a given project's impact  mitigation  actions.  The
 working group shall aid the commissioner of transportation in establish-
 ing procedures to assist counties and towns seeking to comply with their
 vehicle  miles traveled assessment requirements, as outlined in sections
 one hundred two and one hundred forty 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06183-08-4

 S. 1981--B                          2
 
 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.
   §  2.  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. LEGISLATIVE FINDING AND DECLARATION. THIS LEGISLATURE DOES
 HEREBY  FIND  AND DECLARE THAT THE FINAL SCOPING PLAN ADOPTED BY THE NEW
 YORK STATE CLIMATE ACTION COUNCIL PURSUANT TO CHAPTER ONE HUNDRED SIX OF
 THE LAWS OF TWO THOUSAND NINETEEN DEEMS IT ESSENTIAL THAT  THE  LEGISLA-
 TURE  ENACT  LEGISLATION WHICH SHALL SIGNIFICANTLY REDUCE ANNUAL VEHICLE
 MILES TRAVELED IN NEW YORK STATE.  THE  LEGISLATURE  FURTHER  FINDS  AND
 DECLARES  THAT ACHIEVING A REDUCTION IN ANNUAL VEHICLE MILES TRAVELED BY
 TWENTY PERCENT BY TWO THOUSAND FIFTY IN NEW YORK STATE IS  NECESSARY  TO
 ENABLE  ACHIEVEMENT  OF  THE  CLIMATE  JUSTICE  AND  EMISSION  REDUCTION
 MANDATES IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF  TWO  THOUSAND  NINE-
 TEEN.    FURTHERMORE, THE LEGISLATURE FINDS THAT HIGHWAY CAPACITY EXPAN-
 SION PROJECTS, AS DEFINED BY SUBDIVISION TWO OF THIS SECTION, RESULT  IN
 INDUCED  DEMAND, WHEREAS  MORE  VEHICLES UTILIZE A HIGHWAY AFTER A HIGH-
 WAY CAPACITY EXPANSION PROJECT, AND THEREFORE, THESE  PROJECTS  DO   NOT
 SIGNIFICANTLY  REDUCE POLLUTION,  CONGESTION, OR VEHICLE MILES TRAVELED.
   2.  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.
   3.  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 TWO OF THIS SECTION,  THE  COMMISSIONER  OF
 TRANSPORTATION SHALL CONDUCT A VEHICLE MILES TRAVELED IMPACT ASSESSMENT,
 AS DEFINED BY PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION, TO EVAL-
 UATE WHETHER THE PROJECT ALIGNS WITH THE GOAL OF REDUCING ANNUAL VEHICLE
 MILES TRAVELED WITHIN THE STATE BY TWENTY PERCENT BY TWO THOUSAND FIFTY.
 IF  A HIGHWAY CAPACITY EXPANSION PROJECT DOES NOT ALIGN WITH THE GOAL OF
 REDUCING ANNUAL VEHICLE  MILES  TRAVELED  WITHIN  THE  STATE  BY  TWENTY
 PERCENT  BY  TWO  THOUSAND  FIFTY, THE PROJECT SHALL BE ALTERED TO ALIGN
 WITH THESE TARGETS BY CHANGING ITS DESIGN OR SUFFICIENTLY OFFSETTING ITS
 NET CHANGE TO VEHICLE MILES TRAVELED WITH IMPACT MITIGATION EFFORTS,  AS
 OUTLINED IN SUBDIVISION FOUR OF THIS SECTION.
   4. 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
 S. 1981--B                          3
 
 PERIOD OF TIME ALIGN WITH THE GOAL  OF  REDUCING  ANNUAL  VEHICLE  MILES
 TRAVELED WITHIN THE STATE BY TWENTY PERCENT BY TWO THOUSAND FIFTY.
   (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.
   5.  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.
   6. 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.
   §  3. 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  TWO  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
 S. 1981--B                          4
 
 SUBDIVISION TWO 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 GOAL OF REDUCING ANNUAL VEHICLE  MILES  TRAV-
 ELED  WITHIN  THE  STATE  BY  TWENTY  PERCENT BY TWO THOUSAND FIFTY, THE
 PROJECT SHALL BE ALTERED TO ALIGN WITH THESE  TARGETS  BY  CHANGING  ITS
 DESIGN  OR SUFFICIENTLY OFFSETTING ITS NET CHANGE TO VEHICLE MILES TRAV-
 ELED WITH IMPACT MITIGATION EFFORTS, AS OUTLINED IN SUBDIVISION FOUR  OF
 SECTION TEN-H OF THIS CHAPTER. THE COUNTY SUPERINTENDENT MAY REQUEST ANY
 RESOURCES  AND  TECHNICAL  ASSISTANCE NECESSARY FROM THE COMMISSIONER TO
 COMPLETE THE VEHICLE MILES TRAVELED ASSESSMENT.
   § 4. 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 TWO 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  TWO 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 GOAL OF REDUCING ANNUAL VEHICLE MILES TRAV-
 ELED WITHIN THE STATE BY TWENTY  PERCENT  BY  TWO  THOUSAND  FIFTY,  THE
 PROJECT  SHALL  BE  ALTERED  TO ALIGN WITH THESE TARGETS BY CHANGING ITS
 DESIGN OR SUFFICIENTLY OFFSETTING ITS NET CHANGE TO VEHICLE MILES  TRAV-
 ELED  WITH IMPACT MITIGATION EFFORTS, AS OUTLINED IN SUBDIVISION FOUR OF
 SECTION TEN-H OF THIS CHAPTER. THE TOWN SUPERINTENDENT MAY  REQUEST  ANY
 RESOURCES  AND  TECHNICAL  ASSISTANCE NECESSARY FROM THE COMMISSIONER OF
 TRANSPORTATION TO COMPLETE THE VEHICLE MILES TRAVELED ASSESSMENT.
   § 5. This act shall take effect immediately;  provided  that  sections
 two,  three,    and  four  of this act shall take effect on the first of
 January two years after it shall have become a law.

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