Senate Bill S9593

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9593
 
                             I N  S E N A T E
 
                              March 26, 2026
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 preventing an increase
   in vehicular lane capacity of highways within certain areas
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as the "stop high-
 way community harm act".
   §  2. The legislature finds that parts of the I-95 expressway, partic-
 ularly the Cross Bronx Expressway, were borne out of a history of racist
 urban planning led by  Robert  Moses.  The  Cross  Bronx  Expressway  is
 already one of the nation's most toxic, congested roadways, long associ-
 ated  with  racial  health  disparities  like childhood asthma and heart
 disease in surrounding communities. Its initial  construction  decimated
 Black  and  Brown  neighborhoods along the corridor while adding signif-
 icant highway runoff pollution to the Bronx River and Harlem River,  and
 contributing to some of the highest rates of asthma and heart disease in
 the  country.  According to a department of transportation study, idling
 cars on the Cross Bronx Expressway that have polluted  the  borough  for
 decades drive chronic health issues, including Asthma, among Bronx resi-
 dents.
   The  legislature  further  finds that historic transportation planning
 decisions have disproportionately sited  highways  in  and  adjacent  to
 public housing and other environmental justice communities, resulting in
 cumulative health and environmental harms. Preventing additional highway
 expansion in close proximity to such developments is necessary to reduce
 inequities,  protect public health, and ensure that state actions do not
 perpetuate disproportionate impacts on vulnerable populations.
   The legislature further finds that expansion of highway capacity in or
 near environmental justice communities, including public housing  devel-
 opments and areas with elevated asthma rates, has contributed to adverse
 public  health,  safety, and environmental outcomes. It is therefore the
 intent of the legislature to prohibit such expansions except in  limited
 circumstances where a demonstrated and evidence-based safety need cannot
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15224-04-6
 S. 9593                             2
 
 be  addressed  through alternatives consistent with the state's complete
 streets policy.
   §  3.  The highway law is amended by adding a new section 10-h to read
 as follows:
   § 10-H. LIMITATIONS ON HIGHWAY CAPACITY EXPANSION IN SENSITIVE  AREAS.
 1.  FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A)  "ENVIRONMENTAL JUSTICE" SHALL HAVE THE SAME MEANING AS DEFINED IN
 SECTION 48-0103 OF THE ENVIRONMENTAL CONSERVATION LAW.
   (B) "ENVIRONMENTAL JUSTICE COMMUNITY" SHALL BE DEFINED BY THE  DEPART-
 MENT OF ENVIRONMENTAL CONSERVATION AND SHALL INCLUDE, BUT NOT BE LIMITED
 TO,  COMMUNITIES  BEARING  DISPROPORTIONATE POLLUTION AND CLIMATE CHANGE
 BURDENS WHICH MAY BE DUE TO THE RACE, COLOR, RELIGION,  NATIONAL  ORIGIN
 OR INCOME LEVELS OF THE MEMBERS OF SUCH COMMUNITY.
   (C)  "PUBLIC  HOUSING  DEVELOPMENT" SHALL MEAN ANY HOUSING OPERATED BY
 THE STATE, A MUNICIPALITY, OR A MUNICIPAL HOUSING AUTHORITY  ESTABLISHED
 UNDER THE PUBLIC HOUSING LAW.
   (D)  "INCREASE IN VEHICULAR LANE CAPACITY" SHALL MEAN ANY PROJECT THAT
 INCREASES THE NUMBER  OF  GENERAL  PURPOSE  TRAVEL  LANES  OR  OTHERWISE
 INCREASES  THE  ABILITY  OF  A ROADWAY TO CARRY ADDITIONAL MOTOR VEHICLE
 TRAFFIC, INCLUDING BUT NOT LIMITED TO:
   (I) THE ADDITION OF NEW TRAVEL LANES;
   (II) THE CONVERSION OF SHOULDERS, MEDIANS,  OR  AUXILIARY  LANES  INTO
 TRAVEL LANES, WHETHER TEMPORARY OR PERMANENT;
   (III)  THE  WIDENING  OR  MODIFYING OF SHOULDERS OR TRAVEL LANES WHERE
 SUCH WIDENING OR MODIFYING  FACILITATES  INCREASED  VEHICLE  THROUGHPUT,
 OPERATING SPEEDS, OR FUTURE LANE CONVERSION; AND
   (IV)  ANY  DESIGN CHANGE DEMONSTRATED, THROUGH ACCEPTED TRANSPORTATION
 MODELING OR COMPARABLE PROJECT DATA, TO INCREASE VEHICLE MILES TRAVELED.
   2. THE COMMISSIONER SHALL NOT APPROVE NOR  SHALL  THE  STATE  FUND  OR
 UNDERTAKE  ANY PROJECTS INVOLVING A HIGHWAY IF SUCH PROJECT INCLUDES THE
 INCREASE IN VEHICULAR LANE CAPACITY OF SUCH HIGHWAY WHERE AN INCREASE IN
 VEHICULAR LANE CAPACITY WOULD OCCUR WITHIN:
   (A) TWO HUNDRED FEET OF A PUBLIC HOUSING DEVELOPMENT;
   (B) A ZIP CODE WITH A THREE-YEAR AVERAGE ASTHMA  EMERGENCY  DEPARTMENT
 INCIDENCE  RATE PER TEN THOUSAND PERSONS OF GREATER THAN SEVENTY ACCORD-
 ING TO THE DEPARTMENT OF HEALTH; OR
   (C) AN ENVIRONMENTAL JUSTICE COMMUNITY.
   3. THE COMMISSIONER MAY WAIVE THE PROVISIONS  OF  SUBDIVISION  TWO  OF
 THIS SECTION FOR A PROJECT ONLY AFTER:
   (A)  NOT  LESS  THAN  SIXTY  DAYS  PRIOR  TO MAKING ANY DETERMINATION,
 PREPARING AND PUBLICLY PUBLISHING A  SAFETY  AND  ALTERNATIVES  ANALYSIS
 WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I)  A  DETERMINATION  IF THE PROJECT IS CONSISTENT WITH SECTION THREE
 HUNDRED THIRTY-ONE OF  THIS  CHAPTER  AND  ALL  FEDERAL  HIGHWAY  SAFETY
 REQUIREMENTS;
   (II) AN ANALYSIS OF NOT FEWER THAN FIVE YEARS OF CRASH DATA, INCLUDING
 FATALITIES,  SERIOUS INJURIES, AND IMPACTS TO PEDESTRIANS, CYCLISTS, AND
 TRANSIT USERS;
   (III) AN  EVALUATION  OF  ALL  REASONABLE  ALTERNATIVES  THAT  DO  NOT
 INCREASE  VEHICULAR  LANE CAPACITY, INCLUDING BUT NOT LIMITED TO ROADWAY
 REDESIGN, SPEED MANAGEMENT, SIGNAL IMPROVEMENTS,  AND  TRANSIT  ENHANCE-
 MENTS;
   (IV)  AN  ASSESSMENT  OF  INDUCED  DEMAND AND IMPACTS ON VEHICLE MILES
 TRAVELED;
 S. 9593                             3
 
   (V) AN EVALUATION OF THE IMPACTS ON AIR  QUALITY  AND  PUBLIC  HEALTH,
 INCLUDING BUT NOT LIMITED TO ASTHMA-RELATED OUTCOMES; AND
   (VI) AN ASSESSMENT OF IMPACTS ON ENVIRONMENTAL JUSTICE COMMUNITIES.
   (B) PUBLICLY PUBLISHING A REPORT FINDING THAT:
   (I) THERE IS A SPECIFIC AND DOCUMENTED ROADWAY SAFETY HAZARD;
   (II)  SUCH HAZARD CANNOT BE ADDRESSED THROUGH MEASURES CONSISTENT WITH
 SECTION THREE HUNDRED THIRTY-ONE OF THIS CHAPTER; AND
   (III) THE PROJECT IS NECESSARY TO ACHIEVE A  MEASURABLE  REDUCTION  IN
 FATALITIES OR SERIOUS INJURIES.
   (C)  PROVIDING FOR A PUBLIC COMMENT PERIOD OF NOT LESS THAN FORTY-FIVE
 DAYS WITH AT LEAST ONE PUBLIC HEARING OCCURRING IN THE AFFECTED AREA.
   4. NO WAIVER SHALL BE ISSUED OR APPROVED UNDER  SUBDIVISION  THREE  OF
 THIS  SECTION WHERE THE PROJECT INVOLVES THE WIDENING OR MODIFICATION OF
 HIGHWAY SHOULDERS, UNLESS:
   (A) SUCH PROJECT IS LIMITED TO PROVIDING  EMERGENCY  ACCESS,  DISABLED
 VEHICLE REFUGE, OR SAFETY IMPROVEMENTS FOR VULNERABLE USERS;
   (B)  SUCH  SHOULDER IS NOT DESIGNATED OR OPERATED AS A GENERAL PURPOSE
 TRAVEL LANE AT ANY TIME; AND
   (C) THE DEPARTMENT DEMONSTRATES THAT SUCH PROJECT  WILL  NOT  INCREASE
 VEHICLE SPEEDS, TRAFFIC VOLUMES, OR LOCALIZED AIR POLLUTION.
   5.  THE  DEPARTMENT  SHALL MONITOR SAFETY OUTCOMES FOR A PERIOD OF NOT
 LESS THAN THREE YEARS  FOLLOWING  COMPLETION  OF  ANY  PROJECT  APPROVED
 PURSUANT  TO  SUBDIVISION  THREE  OF THIS SECTION AND SHALL PUBLISH SUCH
 FINDINGS PUBLICLY.
   6. THE COMMISSIONER SHALL APPLY A  CLEAR  AND  CONVINCING  EVIDENTIARY
 STANDARD WHEN MAKING DETERMINATIONS UNDER THIS SECTION.
   § 4. This act shall take effect immediately.