NY State Senate Bill 2019-S4414A

Senate Bill S4414A

2019-2020 Legislative Session

Relates to complete street design features and funding of construction and improvements at a municipalities' expense

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation returned to senate died in assembly
Jun 19, 2019	referred to ways and means
Jun 18, 2019	delivered to assembly passed senate ordered to third reading cal.1600 committee discharged and committed to rules
Jun 10, 2019	print number 4414a
Jun 10, 2019	amend and recommit to transportation
Mar 11, 2019	referred to transportation

Votes

- Jun 18, 2019 - Floor Vote
  S4414A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jun 18, 2019 - Rules Committee Vote
  S4414A
  
  18
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2019
      
      aye (18)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      nay (1)
      
      Little

Bill Amendments

Original

A (Active)

2019-S4414 - Details

See Assembly Version of this Bill:: A6454
Current Committee:: Senate Transportation
Law Section:: Highway Law
Laws Affected:: Amd §80-b, Hway L
Versions Introduced in 2021-2022 Legislative Session:: S3897

2019-S4414 - Summary

Increases state funding for construction and improvement by the department of transportation where the municipality agrees to fund a complete street design feature as a component of the project.

2019-S4414 - Sponsor Memo

                                
 
BILL NUMBER: S4414

SPONSOR: KENNEDY
 
TITLE OF BILL:  An act to amend the highway law, in relation to
complete street design features and funding of construction and improve-
ments at a municipalities' expense

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend the highway law, in relation to complete street design features
and funding of construction and improvements at municipalities' expense.

 
SUMMARY OF PROVISIONS:

Section 1 adds language to section 80-b of the highway law to change the
percentage responsibility of the State for federally assisted projects.
The State would be responsible for eighty-two and one-half percent of
total project costs if a municipality agrees to incorporate complete
street design features, as defined in section three-hundred thirty-one
of chapter fifty-seven of the highway law, at such a municipalities' own
expense. This would reduce a municipalities' percentage responsibility

from five percent to two and one-half percent of the total project cost.

Section 2 sets the effective date.

 
JUSTIFICATION:

Current federal complete street regulations largely exempt most highway
project in New York, because reviews for the incorporation of complete
streets features (such as pedestrian crosswalks, sidewalks, and bike
lanes) are only required for large, intensive new construction projects.
Since New York and many states in the Northeast already have a built-out
network of highways and roads, complete street reviews are conducted
only in limited circumstances.

This bill aims to remedy this problem, which has stymied the walkability
and bike-friendliness of communities in Upstate New York and on Long
Island, by creating an incentive for municipalities to construct these
features, which can sometimes be prohibitively expensive.  By reducing
the project cost responsibility of municipalities which agree to incor-
porate complete street features to half of its current level, incorpo-
rating these features will become significantly more accessible to
communities around New York to the benefit of the elderly, disabled, and
small businesses that benefit from greater foot traffic.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

The bill would increase the State's financial responsibility by an addi-
tional two and one-half response for eligible projects.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S4414 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4414
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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 complete  street  design
   features  and  funding  of  construction and improvements at a munici-
   palities' expense

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  80-b  of the highway law, as
 amended by section 3 of part A of chapter 57 of the  laws  of  2014,  is
 amended to read as follows:
   1.  In  connection  with  the undertaking of any project for which the
 commissioner is authorized to  use  moneys  of  the  federal  government
 pursuant  to  the provisions of subdivision thirty-four-a of section ten
 and section eighty of this chapter to assure the effective discharge  of
 state responsibilities with respect to regional transportation needs, on
 highways, roads, streets, bicycle paths or pedestrian paths that are not
 on  the state highway system, the commissioner shall submit such project
 to the governing body or bodies of the affected municipality or  munici-
 palities  together  with  estimates  of  costs  thereof. If such project
 includes a municipal project, as that term is defined in accordance with
 article thirteen of the transportation law,  the  state  share  of  such
 municipal  project  shall  also  be included. If such project includes a
 project affecting a highway, road, street, bicycle  path  or  pedestrian
 path  not on the state highway system, the state share shall be equal to
 eighty percent of the difference between the total project cost and  the
 federal assistance, PROVIDED, HOWEVER, THE STATE SHARE SHALL BE EQUAL TO
 EIGHTY-TWO  AND  ONE-HALF  PERCENT  OF  THE DIFFERENCE BETWEEN THE TOTAL
 PROJECT COST AND THE FEDERAL ASSISTANCE WHERE  AS  A  COMPONENT  OF  THE
 PROJECT THE MUNICIPALITY AGREES TO FUND A COMPLETE STREET DESIGN FEATURE
 AS  DEFINED  IN  SECTION  THREE  HUNDRED  THIRTY-ONE  OF  THIS  CHAPTER,
 provided, [however] FURTHER, the commissioner  may  increase  the  state
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08639-01-9

 S. 4414                             2
 
 share  to  an  amount  equal  to  one  hundred percent of the difference
 between the total project cost and the federal assistance  where  he  OR
 SHE  determines that the need for the project results substantially from
 actions  undertaken  pursuant  to  section  ten of this chapter. No such
 project shall proceed without the approval of the governing  body  of  a
 municipality. Such governing body may request the commissioner to under-
 take  the  provision of such project. If the commissioner agrees to such
 undertaking he OR SHE shall notify the local governing body which  shall
 appropriate sufficient moneys to pay the estimated amount of the munici-
 pal share. Such moneys shall be deposited with the state comptroller who
 is  authorized  to  receive and accept the same for the purposes of such
 project, subject to the draft or requisition of the  commissioner.  When
 the  work  of  such  project  has been completed, the commissioner shall
 render to the governing body of such municipality an itemized  statement
 showing  in full (a) the amount of money that has been deposited by such
 municipality with the state comptroller as  hereinbefore  provided,  and
 (b)  all  disbursements  made pursuant to this section for such project.
 Any surplus moneys shall be paid to such municipality on the warrant  of
 the  comptroller on vouchers therefor approved by the commissioner. When
 the work of such project has been completed and it is determined by  the
 commissioner that the amount of the cost to be borne by the municipality
 is in excess of the amount deposited by such municipality with the state
 comptroller,  the commissioner shall then notify the municipality of the
 deficiency of funds. The municipality shall then within ninety  days  of
 the  receipt  of  such notice, pay such amount to the state comptroller.
 For purposes of this section, the term "municipality"  shall  include  a
 city,  county,  town,  village  or  two  or more of the foregoing acting
 jointly.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

co-Sponsors

2019-S4414A (ACTIVE) - Details

See Assembly Version of this Bill:: A6454
Current Committee:: Senate Transportation
Law Section:: Highway Law
Laws Affected:: Amd §80-b, Hway L
Versions Introduced in 2021-2022 Legislative Session:: S3897

2019-S4414A (ACTIVE) - Summary

Increases state funding for construction and improvement by the department of transportation where the municipality agrees to fund a complete street design feature as a component of the project.

2019-S4414A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4414A

SPONSOR: KENNEDY
 
TITLE OF BILL:  An act to amend the highway law, in relation to
complete street design features and funding of construction and improve-
ments at a municipalities' expense

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend the highway law, in relation to complete street design features
and funding of construction and improvements at municipalities' expense.

 
SUMMARY OF PROVISIONS:

Section 1 adds language to section 80-b of the highway law to change the
percentage responsibility of the State for federally assisted projects.
The State would be responsible for eighty-two and one-half percent of
total project costs if a municipality agrees to incorporate complete
street design features, as defined in section three-hundred thirty-one
of chapter fifty-seven of the highway law, at such a municipalities' own
expense. This would reduce a municipalities' percentage responsibility

from five percent to two and one-half percent of the total project cost.

Section 2 sets the effective date.

 
JUSTIFICATION:

Current federal complete street regulations largely exempt most highway
project in New York, because reviews for the incorporation of complete
streets features (such as pedestrian crosswalks, sidewalks, and bike
lanes) are only required for large, intensive new construction projects.
Since New York and many states in the Northeast already have a built-out
network of highways and roads, complete street reviews are conducted
only in limited circumstances.

This bill aims to remedy this problem, which has stymied the walkability
and bike-friendliness of communities in Upstate New York and on Long
Island, by creating an incentive for municipalities to construct these
features, which can sometimes be prohibitively expensive. By reducing
the project cost responsibility of municipalities which agree to incor-
porate complete street features to half of its current level, incorpo-
rating these features will become significantly more accessible to
communities around New York to the benefit of the elderly, disabled, and
small businesses that benefit from greater foot traffic.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

The bill would increase the State's financial responsibility by an addi-
tional two and one-half response for eligible projects.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S4414A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4414--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the highway law, in relation to complete  street  design
   features  and  funding  of  construction and improvements at a munici-
   palities' expense
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  80-b  of the highway law, as
 amended by section 3 of part A of chapter 57 of the  laws  of  2014,  is
 amended to read as follows:
   1.  In  connection  with  the undertaking of any project for which the
 commissioner is authorized to  use  moneys  of  the  federal  government
 pursuant  to  the provisions of subdivision thirty-four-a of section ten
 and section eighty of this chapter to assure the effective discharge  of
 state responsibilities with respect to regional transportation needs, on
 highways, roads, streets, bicycle paths or pedestrian paths that are not
 on  the state highway system, the commissioner shall submit such project
 to the governing body or bodies of the affected municipality or  munici-
 palities  together  with  estimates  of  costs  thereof. If such project
 includes a municipal project, as that term is defined in accordance with
 article thirteen of the transportation law,  the  state  share  of  such
 municipal  project  shall  also  be included. If such project includes a
 project affecting a highway, road, street, bicycle  path  or  pedestrian
 path  not on the state highway system, the state share shall be equal to
 eighty percent of the difference between the total project cost and  the
 federal assistance, PROVIDED, HOWEVER, THE STATE SHARE SHALL BE EQUAL TO
 EIGHTY-SEVEN  AND  ONE-HALF  PERCENT OF THE DIFFERENCE BETWEEN THE TOTAL
 PROJECT COST AND THE FEDERAL ASSISTANCE WHERE, IN CONJUNCTION WITH  SUCH
 PROJECT,  THE  MUNICIPALITY  AGREES  TO  FUND  A  COMPLETE STREET DESIGN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08639-05-9

 S. 4414--A                          2
 
 FEATURE AS DEFINED IN SECTION THREE HUNDRED THIRTY-ONE OF THIS  CHAPTER,
 provided,  [however]  FURTHER,  the  commissioner may increase the state
 share to an amount equal  to  one  hundred  percent  of  the  difference
 between  the  total  project cost and the federal assistance where he OR
 SHE determines that the need for the project results substantially  from
 actions  undertaken  pursuant  to  section  ten of this chapter. No such
 project shall proceed without the approval of the governing  body  of  a
 municipality. Such governing body may request the commissioner to under-
 take  the  provision of such project. If the commissioner agrees to such
 undertaking he OR SHE shall notify the local governing body which  shall
 appropriate sufficient moneys to pay the estimated amount of the munici-
 pal share. Such moneys shall be deposited with the state comptroller who
 is  authorized  to  receive and accept the same for the purposes of such
 project, subject to the draft or requisition of the  commissioner.  When
 the  work  of  such  project  has been completed, the commissioner shall
 render to the governing body of such municipality an itemized  statement
 showing  in full (a) the amount of money that has been deposited by such
 municipality with the state comptroller as  hereinbefore  provided,  and
 (b)  all  disbursements  made pursuant to this section for such project.
 Any surplus moneys shall be paid to such municipality on the warrant  of
 the  comptroller on vouchers therefor approved by the commissioner. When
 the work of such project has been completed and it is determined by  the
 commissioner that the amount of the cost to be borne by the municipality
 is in excess of the amount deposited by such municipality with the state
 comptroller,  the commissioner shall then notify the municipality of the
 deficiency of funds. The municipality shall then within ninety  days  of
 the  receipt  of  such notice, pay such amount to the state comptroller.
 For purposes of this section, the term "municipality"  shall  include  a
 city,  county,  town,  village  or  two  or more of the foregoing acting
 jointly.
   § 2. This act shall take effect one year after it shall have become  a
 law and shall apply to project agreements entered into on and after such
 date.

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Senate Bill S4414A

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Sponsored By

Timothy M. Kennedy