Assembly Bill A7540

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7540
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 1, 2025
                                ___________
 
 Introduced  by  M.  of  A. McMAHON, SEAWRIGHT, SIMON, LUNSFORD, SHIMSKY,
   KELLES, SANTABARBARA, BORES -- 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,  BICYCLE  PATHS,
 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,  BICYCLE  PATH,  GREENWAY  TRAIL,
 AND/OR OTHER PAVED TRAIL FOR NON-MOTORIZED USE within the state that  is
 not  on  the  state  highway system and not under the maintenance and/or
 operational jurisdiction of the state.   PROVIDED,  HOWEVER,  THAT  SUCH
 BICYCLE PATHS, GREENWAY TRAILS, AND OTHER PAVED TRAILS FOR NON-MOTORIZED
 USE  SHALL  EITHER  BE  WITHIN THE RIGHT OF WAY OF, OR BISECT, TRANSECT,
 BEGIN, OR TERMINATE AT, A HIGHWAY RIGHT OF WAY THAT IS NOT ON THE  STATE
 HIGHWAY  SYSTEM  AND NOT UNDER THE MAINTENANCE AND/OR OPERATIONAL JURIS-
 DICTION OF THE STATE. The commissioner shall  promulgate  all  necessary
 rules  and  regulations  to  carry  out the program so that an equitable
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09636-02-5
              

 A. 7540                             2
 
 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:
   (A) "BICYCLE PATH" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
 IN SECTION ONE HUNDRED TWO-B OF THE VEHICLE AND TRAFFIC LAW.
   (B) "GREENWAY TRAIL" SHALL MEAN:
   (I) THE TRAIL DESIGNATED, DEVELOPED, OR CAUSED TO BE DEVELOPED  PURSU-
 ANT TO SECTION 44-0121 OF THE ENVIRONMENTAL CONSERVATION LAW; OR
   (II)  ANY  SHARED-USE  PATH,  INCLUDING,  BUT NOT LIMITED TO ANY TRAIL
 LOCATED ON FORMER RAILROAD RIGHTS-OF-WAY, ALONG  UTILITY  CORRIDORS,  OR
 ALONG FORMER CANAL TOWPATHS, THAT IS SEPARATED FROM ROADWAYS AND VEHICLE
 TRAFFIC,  AND  INCLUDES  A MINIMUM TREAD WIDTH OF SIX FEET, A RELATIVELY
 FLAT, GRADED SURFACE AND/OR IMPROVED TREAD, AND WHICH CAN  BE  USED  FOR
 NON-MOTORIZED TRANSPORTATION AND RECREATION.
   §  2.    This  act  shall take effect on the one hundred eightieth day
 after it shall have become a law.