S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1446
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the transportation law,  in  relation  to  enacting  the
   community gridlock prevention act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "community gridlock prevention act".
   § 2. The transportation law is amended by adding a new section 14-o to
 read as follows:
   §  14-O.  COMMUNITY  GRIDLOCK  PREVENTION. 1. AS USED IN THIS SECTION,
 UNLESS CONTEXT REQUIRES OTHERWISE:
   (A) "STATE AGENCY" MEANS ANY STATE DEPARTMENT, AGENCY,  BOARD,  PUBLIC
 BENEFIT CORPORATION, PUBLIC AUTHORITY OR COMMISSION.
   (B) "LOCAL AGENCY" MEANS ANY LOCAL AGENCY, BOARD, DISTRICT, COMMISSION
 OR  GOVERNING  BODY,  INCLUDING  ANY  CITY,  COUNTY, AND OTHER POLITICAL
 SUBDIVISION OF THE STATE.
   (C) "AGENCY" MEANS ANY STATE OR LOCAL AGENCY.
   (D) "STUDY AREA" MEANS THE AREA OF A  PROPOSED  LAND  USE  ACTION  AND
 SHALL INCLUDE A ONE MILE RADIUS AROUND SUCH AREA.
   (E)  "RUSH  HOUR" INCLUDES, BUT IS NOT LIMITED TO, THE TIME PERIODS OF
 7:00AM TO 10:00AM AND 4:00PM TO 7:00PM ON WEEKDAYS AND 3:00PM TO  8:00PM
 ON WEEKENDS.
   2.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, IN ADDITION
 TO ANY REQUIREMENT FOR AN ENVIRONMENTAL ASSESSMENT STATEMENT OR AN ENVI-
 RONMENTAL IMPACT STATEMENT PURSUANT TO ARTICLE  EIGHT  OF  THE  ENVIRON-
 MENTAL  CONSERVATION  LAW  AND  REGULATIONS ADOPTED BY THE DEPARTMENT OF
 ENVIRONMENTAL CONSERVATION, EVERY PROPOSAL FOR A LAND USE  ACTION  SHALL
 INCLUDE  A  STUDY  OF THE IMPACT OF SUCH ACTION ON INTERSECTIONS AND THE
 RESPONSE TIMES OF EMERGENCY SERVICES WITHIN THE STUDY AREA.
   3. AN INTERSECTION AND RESPONSE  TIME  OF  EMERGENCY  SERVICES  IMPACT
 STUDY SHALL INCLUDE, BUT NOT BE LIMITED TO:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05342-01-3
 A. 1446                             2
 
   (A)  A  STUDY  OF THE IMPACT OF THE PROPOSED LAND USE ACTION ON INTER-
 SECTIONS IN THE STUDY AREA SHALL INCLUDE, AT A MINIMUM, THE  METRICS  OF
 LEVEL OF SERVICE AND ADDITIONAL SECONDS OF DELAY.
   (I)  A  LEVEL  OF SERVICE ASSESSMENT OF EACH INTERSECTION IN THE STUDY
 AREA, INCLUDING BUT NOT LIMITED TO, DURING RUSH  HOUR,  EXPRESSED  AS  A
 LETTER GRADE WHERE:
   (1) GRADE A IS FREE-FLOW TRAFFIC WITH INDIVIDUAL USERS VIRTUALLY UNAF-
 FECTED BY THE PRESENCE OF OTHERS IN THE TRAFFIC STREAM.
   (2)  GRADE  B  IS STABLE TRAFFIC FLOW WITH A HIGH DEGREE OF FREEDOM TO
 SELECT SPEED AND OPERATING CONDITIONS BUT WITH SOME INFLUENCE FROM OTHER
 USERS.
   (3) GRADE C IS RESTRICTED FLOW THAT REMAINS STABLE  BUT  WITH  SIGNIF-
 ICANT  INTERACTIONS WITH OTHERS IN THE TRAFFIC STREAM. THE GENERAL LEVEL
 OF COMFORT AND CONVENIENCE DECLINES NOTICEABLY AT THIS LEVEL.
   (4) GRADE D IS HIGH-DENSITY FLOW IN WHICH SPEED AND FREEDOM TO  MANEU-
 VER  ARE  SEVERELY  RESTRICTED AND COMFORT AND CONVENIENCE HAVE DECLINED
 EVEN THOUGH FLOW REMAINS STABLE.
   (5) GRADE E IS UNSTABLE FLOW AT CAPACITY LEVELS WITH  POOR  LEVELS  OF
 COMFORT AND CONVENIENCE.
   (6)  GRADE  F  IS  FORCED  TRAFFIC FLOW IN WHICH THE AMOUNT OF TRAFFIC
 EXCEEDS THE AMOUNT THAT CAN BE SERVED.
   (II) AN ADDITIONAL SECONDS OF DELAY ASSESSMENT OF EACH INTERSECTION IN
 THE STUDY  AREA,  INCLUDING  BUT  NOT  LIMITED  TO,  DURING  RUSH  HOUR,
 EXPRESSED  AS  THE ADDITIONAL AMOUNT OF TIME IT TAKES A VEHICLE WHICH IS
 QUEUED AT AN INTERSECTION TO BE ABLE  TO  PROCEED  THROUGH  SUCH  INTER-
 SECTION.
   (B)  A STUDY OF THE IMPACT OF THE PROPOSED LAND USE ACTION ON RESPONSE
 TIMES FOR EMERGENCY SERVICES IN THE STUDY AREA, INCLUDING BUT NOT LIMIT-
 ED TO, DURING RUSH HOUR. SUCH EMERGENCY SERVICES SHALL INCLUDE, BUT  NOT
 BE  LIMITED  TO,  EMERGENCY  MEDICAL  SERVICES, LAW ENFORCEMENT AND FIRE
 DEPARTMENTS.
   4. NO AGENCY SHALL APPROVE A LAND USE ACTION  WHERE  THE  INTERSECTION
 AND  EMERGENCY  RESPONSE  TIME  IMPACT  STUDY  REQUIRED  PURSUANT TO THE
 PROVISIONS OF THIS SECTION FINDS AS A RESULT OF THE  PROPOSED  LAND  USE
 ACTION:
   (A)  TWENTY  PERCENT  OF THE INTERSECTIONS IN THE STUDY AREA ARE RATED
 EITHER LEVEL OF SERVICE GRADES E OR F;
   (B) TEN PERCENT OF THE INTERSECTIONS IN THE STUDY AREA HAVE  AN  ADDI-
 TIONAL DELAY OF MORE THAN FIVE MINUTES;
   (C) ANY INTERSECTION LOCATED WITHIN A QUARTER OF A MILE OF A HOSPITAL,
 AS  SUCH  TERM  IS  DEFINED IN ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH
 LAW, LOCATED WITHIN THE STUDY  AREA  HAS  AN  ADDITIONAL  DELAY  OF  TWO
 MINUTES OR MORE;
   (D)  THE  RESPONSE  TIME  OF  ANY EMERGENCY SERVICES IN THE STUDY AREA
 DOUBLES FROM THE EXISTING RESPONSE TIME  WHERE  SUCH  EXISTING  RESPONSE
 TIME IS THREE MINUTES OR LESS; OR
   (E)  THE  RESPONSE TIME OF ANY EMERGENCY SERVICES IN THE STUDY AREA IS
 INCREASED BY THREE MINUTES OR MORE.
   5. THE COMMISSIONER SHALL PROMULGATE ANY RULES OR  REGULATIONS  NECES-
 SARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   §  3.  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.