S5411A-2011 Actions

• Aug 15, 2011: SIGNED CHAP.398
• Aug 15, 2011: DELIVERED TO GOVERNOR
• Jun 20, 2011: returned to senate
• Jun 20, 2011: passed assembly
• Jun 20, 2011: ordered to third reading rules cal.508
• Jun 20, 2011: substituted for a8366
• Jun 20, 2011: referred to ways and means
• Jun 20, 2011: DELIVERED TO ASSEMBLY
• Jun 20, 2011: PASSED SENATE
• Jun 14, 2011: AMENDED ON THIRD READING 5411A
• Jun 7, 2011: ADVANCED TO THIRD READING
• Jun 6, 2011: 2ND REPORT CAL.
• Jun 2, 2011: 1ST REPORT CAL.966
• May 24, 2011: REPORTED AND COMMITTED TO FINANCE
• May 18, 2011: REFERRED TO TRANSPORTATION

S5411A-2011 Calendars

S5411A-2011 Votes

S5411A-2011 Memo

BILL NUMBER:S5411A

TITLE OF BILL:
An act
to amend the highway law, in relation to enabling safe access to public
roads for all users by utilizing complete street design principles

PURPOSE:
Enable safe access to public roads for all users by utilizing
complete street design principles

SUMMARY OF PROVISIONS:
Section 1 of this bill provides legislative findings.

Section 2 subdivision (a) of this bill would provide for the
consideration of complete street design features for projects
undertaken by the Department of Transportation or undertaken by
municipalities and public authorities that receive both state and
federal funding and are subject to department of transportation
oversight. Subdivision (b) of this section provides a list of
features and elements that may be considered in complete street
design. Subdivision (c) of this section provides that if complete
street design features are not considered, a publicly available
document shall set forth the reason why these features were not
considered. This subdivision also lists exceptions that would impede
the use of complete street features. Subdivision (d) provides that
this section shall not require the department, public authority or
municipality to expend any monies for complete street design, other
than monies provided by the state and federal governments for
complete street features. Subdivision (d) does not preclude the
department, public authority or municipality from spending monies
from its own budget for complete street design features.

Section 3 of this bill provides that the Department of Transportation
shall produce a report within two years of the effective date of this
section demonstrating how the Department has complied with this
section and changed its procedures to institutionalize complete
street design features into the planning, project scoping, design and
implementation of projects subject to this section.
The report shall include review and guidance regarding certain highway
features. The report should also include any best practices
identified by the Department, whether created by the department or
identified from another source.

JUSTIFICATION:
Working collaboratively with all
interested
stakeholders the Legislature and the Governor have agreed to
establish a complete street design policy that safely and cost
effectively facilitates access and improved mobility for pedestrians,
cyclists, mass transportation riders and motorists of all ages and
abilities. Such a policy benefits our environment through improved
air quality, decreased traffic congestion and the preservation of our
natural assets. Our citizens' benefit, not only from the
environmental advantages derived from a complete street policy, but


from the health benefits associated with active forms of
transportation.

This bill establishes a complete street policy that will consider the
needs of all users of our roads by encouraging good planning to
benefit a variety of citizens and encourage sustainable communities
while at the same time recognizing the economic hardship facing our
governments today.

This legislation would ensure that complete streets design principles
are utilized where they would be most needed, most effective, and
most beneficial to improve safety for all who use our roadways

LEGISLATIVE HISTORY:
2010: S.5711-B/A.8587-B Passed the Senate

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
One hundred and eightieth day after it shall have
become law.

S5411A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 5411--A
 Cal. No. 966
 2011-2012 Regular Sessions
 I N  SENATE
 May 18, 2011
 
 Introduced  by  Sens.  FUSCHILLO,  DILAN,  AVELLA, BRESLIN, DIAZ, DUANE,
 FLANAGAN, GRISANTI, HASSELL-THOMPSON, KENNEDY, KLEIN, KRUEGER, LARKIN,
 LITTLE, MONTGOMERY, OPPENHEIMER, PARKER, PERKINS,  SAMPSON,  STAVISKY,
 VALESKY  --  read  twice  and  ordered printed, and when printed to be
 committed to the Committee on  Transportation  --  reported  favorably
 from  said  committee  and  committed  to  the Committee on Finance -
 reported favorably from said committee, ordered to  first  and  second
 report,  ordered  to  a  third reading, amended and ordered reprinted,
 retaining its place in the order of third reading
 

AN ACT to amend the highway law, in relation to enabling safe access  to
 public roads for all users by utilizing complete street design princi
 ples
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Legislative findings. It is hereby found and declared  that
 to  achieve  a cleaner, greener transportation system the transportation
 plans of New York state should consider the needs of all  users  of  our
 roadways   including   pedestrians,  bicyclists,  public  transportation
 riders, motorists and citizens of  all  ages  and  abilities,  including
 children,  the  elderly  and the disabled. By encouraging good planning,
 more citizens will achieve the health benefits  associated  with  active
 forms  of  transportation  while traffic congestion and auto related air
 pollution will be reduced.  Therefore, it shall be  the  policy  of  the
 state  to  consider people of all ages and abilities and all appropriate
 forms of transportation when planning roadway projects.
 

S 2. The highway law is amended by adding a new section 331 to read as
 follows:

 

S 331. CONSIDERATION OF COMPLETE STREET DESIGN.  (A)  FOR  ALL  STATE,
 COUNTY  AND  LOCAL  TRANSPORTATION  PROJECTS  THAT ARE UNDERTAKEN BY THE
 DEPARTMENT OR RECEIVE BOTH FEDERAL AND STATE FUNDING AND ARE SUBJECT  TO
 DEPARTMENT  OF  TRANSPORTATION  OVERSIGHT, THE DEPARTMENT OR AGENCY WITH
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11543-02-1
 
       S. 5411--A                          2
 JURISDICTION OVER SUCH PROJECTS SHALL CONSIDER THE CONVENIENT ACCESS AND
 MOBILITY ON THE ROAD NETWORK BY ALL USERS OF ALL AGES, INCLUDING  MOTOR
 ISTS,  PEDESTRIANS,  BICYCLISTS, AND PUBLIC TRANSPORTATION USERS THROUGH
 THE  USE  OF  COMPLETE  STREET  DESIGN FEATURES IN THE PLANNING, DESIGN,
 CONSTRUCTION,  RECONSTRUCTION  AND  REHABILITATION,  BUT  NOT  INCLUDING
 RESURFACING, MAINTENANCE, OR PAVEMENT RECYCLING OF SUCH PROJECTS.
 (B)  COMPLETE  STREET DESIGN FEATURES ARE ROADWAY DESIGN FEATURES THAT
 ACCOMMODATE AND FACILITATE CONVENIENT ACCESS AND MOBILITY BY ALL  USERS,
 INCLUDING  CURRENT  AND PROJECTED USERS, PARTICULARLY PEDESTRIANS, BICY
 CLISTS AND INDIVIDUALS OF ALL AGES AND  ABILITIES.  THESE  FEATURES  MAY
 INCLUDE, BUT NEED NOT BE LIMITED TO: SIDEWALKS, PAVED SHOULDERS SUITABLE
 FOR  USE  BY  BICYCLISTS,  LANE  STRIPING, BICYCLE LANES, SHARE THE ROAD
 SIGNAGE, CROSSWALKS, ROAD DIETS, PEDESTRIAN CONTROL  SIGNALIZATION,  BUS
 PULL  OUTS,  CURB  CUTS, RAISED CROSSWALKS AND RAMPS AND TRAFFIC CALMING
 MEASURES; AND RECOGNIZE THAT THE NEEDS OF USERS OF THE ROAD NETWORK VARY
 ACCORDING TO A RURAL, URBAN AND SUBURBAN CONTEXT.
 (C) THIS SECTION SHALL NOT APPLY IF IT HAS  BEEN  DETERMINED  AND  SET
 FORTH IN PUBLICLY AVAILABLE DOCUMENTS THAT ONE OF THE FOLLOWING EXISTS:

 (I)  USE  BY  BICYCLISTS AND PEDESTRIANS IS PROHIBITED BY LAW, SUCH AS
 WITHIN INTERSTATE HIGHWAY CORRIDORS; OR
 (II) THE COST WOULD BE DISPROPORTIONATE TO THE NEED AS  DETERMINED  BY
 FACTORS  INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: LAND USE CONTEXT;
 CURRENT AND PROJECTED TRAFFIC VOLUMES; AND POPULATION DENSITY; OR
 (III) DEMONSTRATED LACK OF NEED AS DETERMINED BY  FACTORS,  INCLUDING,
 BUT  NOT  LIMITED  TO,  LAND USE, CURRENT AND PROJECTED TRAFFIC VOLUMES,
 INCLUDING POPULATION DENSITY, OR DEMONSTRATES LACK OF COMMUNITY SUPPORT;
 OR
 (IV) USE OF THE DESIGN FEATURES WOULD HAVE AN ADVERSE IMPACT ON, OR BE
 CONTRARY TO, PUBLIC SAFETY.
 (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE  DEPART
 MENT  OR  AGENCY  WITH  JURISDICTION  OVER A PROJECT TO EXPEND MONIES IN
 ACCORDANCE WITH SUBDIVISION (A) OF THIS SECTION THAT EXCEED  THE  AMOUNT
 OF STATE AND FEDERAL FUNDING FOR COMPLETE STREET DESIGN FEATURES.
 

S 3. (a) No later than two years after the effective date of this act,
 the  department  of transportation shall publish a report showing how it
 has complied with section 331 of the highway law and changed its  proce
 dures to institutionalize complete street design features into planning,
 project  scoping,  design and implementation of the required highway and
 road projects. The report shall  include,  but  not  be  limited  to,  a
 discussion  of the review of and revisions to various guidance documents
 regarding lane width, design speed, average  daily  traffic  thresholds,
 level  of service and roadway classification. The report shall also show
 any best practices that the department  of  transportation  utilized  in
 complying with section 331 of the highway law.
 (b)  In  identifying such best practices, consideration shall be given
 to the procedures for identifying the needs of the mix of users, includ
 ing primary and secondary users and the identification of barriers.  The
 department of transportation shall consult with transportation, land-use
 and environmental officials, including representatives from:

 (i) Counties, cities and towns;
 (ii) Metropolitan planning organizations;
 (iii) Public transit operators;
 (iv) Relevant state agencies; and
 (v) Other relevant stakeholders, including, but not limited to, repre
 sentatives from disability rights  groups,  aging  groups,  bicycle  and
 pedestrian advocates, and developers.
 
       S. 5411--A                          3
 

S 4. This act and/or any failure to comply with the provisions of this
 act  shall  not be admissible as evidence against the state, any munici
 pality or public authority in any claim for monetary damages against the
 state, a municipality or a public authority.
 

S 5. This act shall take effect on the one hundred eightieth day after
 it  shall  have become a law; provided, however, that this act shall not
 apply to transportation projects undertaken or  approved  prior  to  the
 date on which this act shall have become a law.

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