Enacts the "New York wildlife crossing act"; directs 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 create a priority list of wildlife opportunity areas where federal grant monies may be available to implement the top five projects identified.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4243B
SPONSOR: Carroll TITLE OF BILL:
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 priority list of wildlife
crossing opportunity areas where federal grant monies may be available
to implement the top five projects identified
PURPOSE:
This bill intends to establish the framework for some portion of the
FY23 federal funding allocated for wildlife crossings to be directed to
the state of New York for actionable development of wildlife crossing
infrastructure,. Several states have already placed wildlife crossings
on vehicular highways, thruways, and parkways. Absent such structures in
New York State, this bill upon passage will ensure such projects can
initiate design and implementation where necessary. Data shows design
and construction of such structures reduces wildlife' collisions by
greater than ninety percent.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 establishes the "New York Wildlife Crossing Act."
Section 2 defines "wildlife crossing."
Section 3 directs NYS Department of Transportation (DOT) and NYS Thruway
Authority (NYSTA) to identify road segments, which threaten interaction
between vehicles and wildlife, and finalize a top ten wildlife crossings
priority list,NLT two years after the effective date of this act.
Section 4 directs DOT and NYSTA to identify feasibility factors, method-
ologies and available federal grant funds the top five eligible
projects.
Section 5 authorizes DOT to consult with relevant entities and organiza-
tions ta obtain necessary information.
Section 6 directs DOT to update appropriate design guidance, including
the Highway Design Manual, by July 1, 2026 to incorporate design
concepts for wildlife passage features and related standard plans as
appropriate.
Section 7 establishes an immediate effective date.
JUSTIFICATION:
Roadkill and vehicular damage from collisions with wildlife is a serious
problem in motor transportation. Crossing deer and other large mammals
can create life-threatening hazards on roadways. In the United States
alone, there are more than a million automobile accidents per year
involving wildlife, racking up more than $8 billion in medical costs and
vehicle repairs annually.
According to some estimates, automobile collisions kill more than a
million animals every day, making them the leading cause of death for
many vertebrate species. Still worse is the way major roads and other
forms of development can subdivide animal populations and fragment their
habitats. Losing access to large areas of their living space makes it
much harder for many woodland creatures to forage for food, find mates
and carry on their genetic legacies.
As people have become more aware of these dangers, one strategy to miti-
gate them has gradually gained acceptance: human made highway crossings
designed just for animals. These can come in many forms, depending on
the species involved and the geographic features of the land. The most
common forms of wildlife crossing are bridges and overpasses, tunnels,
viaducts and culverts. Features of this kind are increasingly included
in highway planning and road improvement schemes. When successfully
implemented, they can greatly reduce the likelihood of collisions,
provide a safe corridor for animal transit and help reduce the ecologi-
cal impact of highways by reconnecting animal habitats.
The concept was first developed in France in the 1950s. It took off in
the Netherlands, where more than 600 crossings have been constructed to
protect badgers, elk and other mammals. The Dutch built the world's
longest animal crossing, the Natuurbrug Zanderij Crailoo, an overpass
that spans more than 0.8 kilometers (0.5 miles), Wildlife crossings can
also be found in Australia, and other parts of the world. Banff, Alber-
ta, Canada witnessed the first successful wildlife crossing in the west-
ern hemisphere. Since then, California, Colorado, Florida, Nevada, New
Hampshire, New Mexico, Oregon, Utah, Vermont, Virginia, Washington and
Wyoming all have constructed wildlife crossings of their own. Such
structures have greatly reduced roadkill, traffic fatalities and vehicu-
lar damage associated with MV/EV collisions with wildlife.
In the most recent federal fiscal year (FY23), several million dollars
were allocated to implement wildlife crossing structures throughout the
United States. This bill will allow state agencies and non-governmental
organizations to work in concert towards the goal of achieving the same
success found on this issue in the western United States and other
regions of the world. In 2024, there remains over 270 million of the
350 million allocated by the federal government for the Wildlife Cross-
ing Pilot Program. This bill is directing NYS entities to apply for the
funding, which they have not done since the money was allocated.
PRIOR LEGISLATIVE HISTORY:
2023: S4198 Comrie/ A4243 Carroll- Passed Senate / On Assembly Calendar
2022: S8579 Comrie/ A10533 Carroll.
FISCAL IMPLICATIONS:
TBD
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4243--B
Cal. No. 117
2023-2024 Regular Sessions
IN ASSEMBLY
February 13, 2023
___________
Introduced by M. of A. CARROLL, SIMONE, L. ROSENTHAL, ARDILA, SHIMSKY,
KELLES, SIMON, COLTON, STECK, SEAWRIGHT, LEVENBERG, JACOBSON, GUNTHER,
OTIS, REYES, EPSTEIN, THIELE, GLICK, DURSO, GANDOLFO, NOVAKHOV, MCGOW-
AN, STERN, RAGA, RAJKUMAR, HEVESI, ANDERSON, KIM, BARRETT, DINOWITZ,
McMAHON, FORREST, BICHOTTE HERMELYN, CUNNINGHAM, PAULIN, SLATER,
TAYLOR, BURGOS, SHRESTHA, LAVINE, SAYEGH, EACHUS, MAMDANI,
DE LOS SANTOS, CONRAD, SILLITTI, WEPRIN, BENEDETTO, PRETLOW, ZACCARO,
JACKSON, TAPIA, FAHY, JONES, McDONALD, MEEKS, STIRPE, BORES, LEE,
BRONSON, WALLACE, BUTTENSCHON, PHEFFER AMATO, DILAN, DAVILA, BURKE,
FALL, AUBRY, LUNSFORD, RAMOS, HUNTER, SANTABARBARA, BENDETT, DARLING
-- read once and referred to the Committee on Environmental Conserva-
tion -- ordered to a third reading, amended and ordered reprinted,
retaining its place on the order of third reading -- again amended on
third reading, ordered reprinted, retaining its place on the order of
third reading
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 priority list
of wildlife 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:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "New York wildlife crossing act".
3 § 2. For the purposes of this act:
4 "Wildlife crossing" means a structure designed or retrofitted to
5 enable wildlife to successfully cross roads and other human-caused
6 barriers to wildlife movement. Such crossings may include but not be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02060-07-4
A. 4243--B 2
1 limited to culverts, bridges, wildlife underpass tunnels, wildlife over-
2 pass bridges, and fencing associated with such structures.
3 § 3. The department of transportation and the New York state thruway
4 authority is hereby authorized and directed to assess all highways,
5 thruways, and parkways in the state for potential wildlife crossings to
6 improve wildlife habitat connectivity, reduce wildlife vehicle colli-
7 sions, and increase public safety for New York motorists. The department
8 of transportation, in conjunction with the New York state thruway
9 authority, shall use the findings of their assessment to finalize a top
10 ten wildlife crossings priority list no later than two years after the
11 effective date of this act. The priority list of crossing sites shall be
12 determined by the following:
13 (a) (i) Identification of road segments that pose a risk to successful
14 wildlife movement and habitat connectivity, or that pose a risk to the
15 traveling public due to wildlife-vehicle collisions;
16 (ii) Any available or subsequently collected data, or recommendations
17 provided by the department of environmental conservation, the department
18 of transportation, and the department of motor vehicles on needed road-
19 way mitigation measures to improve wildlife movement and habitat connec-
20 tivity.
21 (b) Identification of bridges and culverts that block or impede, espe-
22 cially road segments that negatively affect wildlife habitat and move-
23 ment;
24 (c) Information about how increased movement of species could benefit
25 overused and highly impacted habitat areas;
26 (d) Maps that identify locations of:
27 (i) existing wildlife crossings; and
28 (ii) potential sites for additional wildlife crossings based on this
29 study;
30 (e) Economic benefits anticipated from preserving wildlife movement
31 patterns, including the potential impact of reduced wildlife-vehicle
32 collisions;
33 (f) The feasibility and constructability of wildlife crossing infras-
34 tructure; and
35 (g) Any additional information that the department of environmental
36 conservation deems necessary and appropriate to carry out the intent and
37 purposes of this act.
38 § 4. Two years after the effective date of this act, the department of
39 transportation in conjunction with the New York state thruway authority
40 shall make public its identified list of priority wildlife crossing
41 opportunities. The priority opportunity list and accompanying informa-
42 tion listed below shall be updated every five years after publication of
43 the initial list. The publicized list of the top ten priority wildlife
44 crossing opportunities shall be accompanied by the following informa-
45 tion:
46 (a) Feasibility factors impacting construction for the top five of the
47 top ten wildlife crossing opportunities, which should include any avail-
48 able and helpful estimate costs, the availability and habitat quality of
49 the land on either side of the crossings, and any relevant public
50 support for the crossings;
51 (b) A description of any methodologies used beyond the requirements
52 listed in subdivisions (a) and (b) of section three of this act to
53 create the top ten list; and
54 (c) A list of available federal grant funds that the top five projects
55 are eligible for.
A. 4243--B 3
1 § 5. The department of transportation may consult with any state or
2 local office, agency, or department and request or receive information
3 from any such entity that is relevant and material to the completion of
4 this study and report.
5 § 6. The department of transportation is hereby directed to addi-
6 tionally update appropriate design guidance, including the Highway
7 Design Manual, by July 1, 2026, to incorporate design concepts for wild-
8 life passage features and related standard plans and specifications as
9 appropriate.
10 § 7. This act shall take effect immediately.
