Senate Bill S10404

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10404
 
                             I N  S E N A T E
 
                               May 15, 2026
                                ___________
 
 Introduced by Sens. COMRIE, ADDABBO, ASHBY, BRISPORT, HARCKHAM, JACKSON,
   KAVANAGH,  MAY, PALUMBO, RHOADS, ROLISON, SEPULVEDA, SERRANO, TEDISCO,
   WEBB -- read twice and ordered printed, and when printed to be commit-
   ted to the Committee on Environmental Conservation
 
 AN ACT to enact  the "New York wildlife crossing  act";  to  direct  the
   department  of transportation and the New York state thruway authority
   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 list of wild-
   life 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 shall be known and may  be  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, in  conjunction  with  the  New
 York state thruway authority, and in consultation with the department of
 environmental  conservation  and the department of motor vehicles, shall
 identify opportunities for wildlife crossings  in  connection  with  the
 planning, design, construction, reconstruction, or significant rehabili-
 tation of state highways, bridges, culverts, and roadways.
   Such  identification  shall  be based on available data, including but
 not limited to wildlife-vehicle  collision  data,  habitat  connectivity
 needs,  and  environmental  considerations  to  improve wildlife habitat
 connectivity, reduce  wildlife  vehicle  collisions, and increase public
 safety for New York motorists. The department  of  transportation  shall
 develop  and  maintain  a prioritized list of wildlife crossing opportu-
 nities identified through such project-based evaluations, which shall be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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 updated periodically.  The 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 in  connection  with
 the planning, design, construction, reconstruction, or significant reha-
 bilitation of state highways, bridges, culverts, and roadways;
   (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. The department of transportation and the New York  state  thruway
 authority  shall incorporate the wildlife crossing list developed pursu-
 ant to section three of this act into the development of the  department
 of transportation's capital program and state transportation improvement
 program.
   §  5.  For  any  highway,  bridge, culvert, or roadway project that is
 included in the department of transportation's  capital  plan,  or  that
 involves  construction,  reconstruction,  or significant rehabilitation,
 the department shall evaluate the feasibility of incorporating  wildlife
 crossing  infrastructure at locations identified in the priority list or
 otherwise identified through the assessment conducted pursuant  to  this
 act.
   §  6. Where such projects are located within or adjacent to a priority
 wildlife crossing site, the department of transportation shall,  to  the
 maximum  extent practicable, include wildlife crossing infrastructure or
 mitigation measures in the project scope.
   § 7. If the department of transportation determines that inclusion  of
 wildlife  crossing  infrastructure  is  not feasible for a given project
 located at a priority site, such  department  shall  provide  a  written
 explanation   documenting   the  reasons,  including  cost,  engineering
 constraints, or environmental considerations.
   § 8. The  department  of  transportation  shall  coordinate  with  the
 department  of  environmental conservation to ensure that wildlife move-
 ment, habitat  connectivity,  and  ecological  benefits  are  considered
 during project scoping, environmental review, and design phases.
   §  9.  Nothing  in  this  section  shall  be  construed to require the
 construction of wildlife crossings where the department  of  transporta-
 S. 10404                            3
 
 tion  determines  such  construction  would be infeasible; however, such
 determinations shall be documented and made publicly available.
   §  10.  Two years after the effective date of this act, the department
 of transportation, in  conjunction  with  the  New  York  state  thruway
 authority,  shall  make  public its identified list of wildlife crossing
 opportunities. The opportunity list and accompanying information  listed
 below shall be updated every five years after publication of the initial
 list. The publicized list of the top ten 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.
   § 11. The department of transportation may consult with any  state  or
 local  office,  agency, or department and request or receive information
 from any such entity that is relevant and material to the completion  of
 this study and report.
   §  12.  The  department  of transportation is hereby directed to addi-
 tionally update  appropriate  design  guidance,  including  the  Highway
 Design Manual, by July 1, 2028, to incorporate design concepts for wild-
 life  passage  features and related standard plans and specifications as
 appropriate.
   § 13. This act shall take effect immediately.