Fahy, Shimsky, Epstein, Thiele, Stirpe, Jacobson, Brown K, McDonough, Burdick
MLTSPNSR
Amd §331, Hway L
Requires inclusion of complete street design for state and local transportation projects undertaken by DOT or which receive both federal and state funding and are subject to DOT oversight.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8423
SPONSOR: Levenberg TITLE OF BILL:
An act to amend the highway law, in relation to requiring certain state
and local transportation projects to include complete street design
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to require Complete Street Design
(CSD) for certain state and local transportation projects instead of
making it merely a consideration.
SUMMARY OF PROVISIONS:
Section 1. Section 331 of the Highway Law is amended by making Complete
Street Design an inclusion instead of a consideration.
a) Certain state, county and local transportation projects SHALL INCLUDE
the use of CSD features in the controlling criteria and design guidance
for engineers. The Department of Transportation shall create a scoring
template for projects based upon the Complete Streets checklist to
ensure safety is a priority for those walking, biking, etc. Projects
must meet a minimum score to be approved.
b) Adds that a project which is solely focused on either pedestrians or
bicyclists or public transportation users shall not be required to
included design features for the other categories in its design.
c-1) Expands what projects are exempt from Inclusion of Complete Street
Design such as drainage only projects, pavement preservation activities
such as crack, chip of fog sealing, and vertical construction projects,
just to name a few.
e) Projects that are already 35 percent through the DOT approval process
as of the effective date of this legislation would also be exempt from
the provisions of this bill.
Section 2. Establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Not applicable.
JUSTIFICATION:
Nearly half of the 50 United States have required elements of Complete
Streets to be included in major transportation projects.
New York's current Complete Streets law (2011) states that applicable
projects must take CSD into consideration but does not require the be
included, which often leaves the needs of pedestrians, cyclists, and
public transit users on the cutting room floor. In Florida, required CSD
has resulted in an estimated 3% decrease in pedestrian fatalities,
saving 3,500 lives over 30 years. Boulder Colorado's Complete Streets
requirement has helped in the reduction of half a million pounds of CO2
emission annually.
New York's road design consistently prioritizes cars at the expense of
pedestrians, cyclists, public transit users, and people with disabili-
ties. CSD elements would fundamentally change our approach to transpor-
tation projects, requiring improvements in pedestrian, cyclist, ADA
compliant, and public transit infrastructure that could include expand-
ing sidewalks, building median crossing islands, creating new protected
bike lanes and areas for bile parking, creating audible cues for people
with low vision, expanding wheelchair accessible curbs, building bus
fare prepay stations, new bus shelters, more bus lanes, adding land-
scaped zones, trees, vegetated refuge areas, and much more. CSD is prov-
en to help keep pedestrians and cyclists safe, improve air quality, and
reduce commute times. It is past time that all major transportation
projects in New York State utilize CSD to improve safety and livability
in our communities.
PRIOR LEGISLATIVE HISTORY:
This is new legislation.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
The fiscal implications associated with this legislation is yet to be
decided.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
