STATE OF NEW YORK
________________________________________________________________________
1280--A
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. RIVERA, BURKE, BURGOS, CARROLL, CRUZ,
DE LOS SANTOS, DINOWITZ, EPSTEIN, FAHY, GONZALEZ-ROJAS, McMAHON, OTIS,
RAJKUMAR, FORREST, SIMON, ARDILA, BURDICK, CUNNINGHAM, MAMDANI, HEVE-
SI, KELLES, SHIMSKY, SIMONE, McDONALD, CLARK, SHRESTHA, THIELE, LUNS-
FORD, WALLACE, COLTON, L. ROSENTHAL, RAGA, SEPTIMO, JACOBSON, STERN,
STECK, ANDERSON, KIM, GLICK, GUNTHER, SANTABARBARA, BARRETT,
SEAWRIGHT, RA, ZINERMAN, WEPRIN, SOLAGES, HUNTER, CONRAD, REYES, WOER-
NER, TAYLOR, SAYEGH, EACHUS, LAVINE, PAULIN, BENEDETTO, PRETLOW,
NOVAKHOV, K. BROWN, SLATER, SILLITTI, TAPIA, JONES, STIRPE, BORES,
MEEKS, LUPARDO, ZACCARO, LEE, AUBRY, BRONSON, DAVILA, DAVILA, JACKSON,
LEVENBERG, WILLIAMS, BENDETT, ALVAREZ, DARLING -- read once and
referred to the Committee on Transportation -- recommitted to the
Committee on Transportation in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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:
1 Section 1. Subdivision (a) of section 331 of the highway law, as added
2 by chapter 398 of the laws of 2011, is amended to read as follows:
3 (a) For all state, county and local transportation projects that are
4 undertaken by the department or receive both federal and state funding
5 and are subject to department of transportation oversight, the depart-
6 ment or agency with jurisdiction over such projects shall consider the
7 convenient access and mobility on the road network by all users of all
8 ages, including motorists, pedestrians, bicyclists, and public transpor-
9 tation users through the use of complete street design features (i) in
10 the planning, design, construction, reconstruction and rehabilitation[,
11 but not including resurfacing, maintenance, or pavement recycling] of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01687-02-4
A. 1280--A 2
1 such projects; and (ii) in the resurfacing, maintenance and pavement
2 recycling of such projects if the service life of such resurfacing,
3 maintenance or pavement recycling project is at least ten years.
4 § 2. Paragraph (iii) of subdivision (c) of section 331 of the highway
5 law, as added by chapter 398 of the laws of 2011, is amended to read as
6 follows:
7 (iii) demonstrated lack of need as determined by factors, including,
8 but not limited to, land use, current and projected traffic volumes,
9 including population density, or [demonstrates] demonstrated lack of
10 community support; or
11 § 3. This act shall take effect on the one hundred eightieth day after
12 it shall have become a law, provided that it shall not apply to trans-
13 portation projects undertaken or approved prior to the date on which
14 this act shall have become a law. Effective immediately, the addition,
15 amendment and/or repeal of any rule or regulation necessary for the
16 implementation of this act on its effective date are authorized to be
17 made and completed on or before such effective date.
