S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4120
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by M. of A. McMAHON -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN ACT to amend the New York  state  climate  leadership  and  community
   protection act, in relation to clean energy goals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph d of subdivision 12 of section 1 of  chapter  106
 of  the laws of 2019, constituting the New York state climate leadership
 and community protection act, is amended to read as follows:
   d. the adoption of a state energy plan establishing clean energy goals
 for the year 2030 aimed at reducing greenhouse gas  emission  levels  by
 40%  from  1990 levels, REDUCING THE ANNUAL TOTAL OF VEHICLE MILES TRAV-
 ELED WITHIN THE STATE BY 15% BY 2050, producing 70% of electricity  from
 renewable  sources, increasing energy efficiency from 2012 levels by 23%
 and the additional expressed goal of reducing 100%  of  the  electricity
 sector's greenhouse gas emissions by 2040;
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06183-01-3



              

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4120--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by  M.  of A. McMAHON, SIMONE, MAMDANI, GALLAGHER, SHRESTHA,
   SIMON, TAPIA, KELLES, GONZALEZ-ROJAS, FAHY, McDONALD -- read once  and
   referred to the Committee on Environmental Conservation -- recommitted
   to  the  Committee  on  Environmental  Conservation in accordance with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee --  recommitted
   to  the  Committee  on  Environmental  Conservation 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  reductions  in  vehicle
   miles traveled in highway projects in New York state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Vehicle miles traveled assessment working group. 1.  There
 is hereby established a vehicle miles traveled assessment working group.
 The vehicle miles traveled assessment working group shall meet regularly
 and shall study the options and best practices available and make recom-
 mendations  for  implementing  vehicle  miles  traveled assessments in a
 manner which aligns with the goal of reducing annual vehicle miles trav-
 eled within the state by 20% by 2050 and developing a  plan  to  assess,
 monitor,  and  approve  a given project's impact mitigation actions. The
 working group shall aid the commissioner of transportation in establish-
 ing procedures to assist counties and towns seeking to comply with their
 vehicle miles traveled assessment requirements, as outlined in  sections
 one hundred two and one hundred forty of the highway law.
   2.  The  working group shall include a representative from the depart-
 ment of transportation, the office of the governor,  the  department  of
 environmental  conservation,  the department of state, the department of
 agriculture and markets, the office  of  general  services,  the  empire
 state development corporation, the New York energy research and develop-
 ment  authority,  the  port  authority  of  New York and New Jersey, the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06183-09-4
              

 A. 4120--B                          2
 
 metropolitan transportation authority, the New York City  department  of
 transportation,  the  office  of the mayor of New York City, and the New
 York  metropolitan  transportation  council.  The  working  group  shall
 include  representatives from relevant community organizations and other
 necessary parties.
   3. The working group shall report its findings and recommendations  to
 the  commissioner  of transportation, the governor, the temporary presi-
 dent of the senate and the speaker of the assembly no later than  twelve
 months  after  the  effective date of this section. Such report shall be
 made publicly available on the department of transportation's website.
   § 2. The highway law is amended by adding a new section 10-h  to  read
 as follows:
   §  10-H.  REDUCTIONS  TO  VEHICLE  MILES  TRAVELED  IN  STATE  HIGHWAY
 PROJECTS.  1. LEGISLATIVE FINDING AND DECLARATION. THIS LEGISLATURE DOES
 HEREBY FIND AND DECLARE THAT THE FINAL SCOPING PLAN ADOPTED BY  THE  NEW
 YORK STATE CLIMATE ACTION COUNCIL PURSUANT TO CHAPTER ONE HUNDRED SIX OF
 THE  LAWS  OF TWO THOUSAND NINETEEN DEEMS IT ESSENTIAL THAT THE LEGISLA-
 TURE ENACT LEGISLATION WHICH SHALL SIGNIFICANTLY REDUCE  ANNUAL  VEHICLE
 MILES  TRAVELED  IN  NEW  YORK  STATE. THE LEGISLATURE FURTHER FINDS AND
 DECLARES THAT ACHIEVING A REDUCTION IN ANNUAL VEHICLE MILES TRAVELED  BY
 TWENTY  PERCENT  BY TWO THOUSAND FIFTY IN NEW YORK STATE IS NECESSARY TO
 ENABLE  ACHIEVEMENT  OF  THE  CLIMATE  JUSTICE  AND  EMISSION  REDUCTION
 MANDATES  IN  CHAPTER  ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINE-
 TEEN.  FURTHERMORE, THE LEGISLATURE FINDS THAT HIGHWAY  CAPACITY  EXPAN-
 SION  PROJECTS, AS DEFINED BY SUBDIVISION TWO OF THIS SECTION, RESULT IN
 INDUCED DEMAND, WHEREAS  MORE  VEHICLES UTILIZE A HIGHWAY AFTER A  HIGH-
 WAY  CAPACITY EXPANSION PROJECT, AND THEREFORE, THESE  PROJECTS  DO  NOT
 SIGNIFICANTLY  REDUCE POLLUTION,  CONGESTION, OR VEHICLE MILES TRAVELED.
   2. DEFINITIONS. AS USED IN THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A)  "VEHICLE  MILES  TRAVELED"  SHALL MEAN A MEASUREMENT OF THE TOTAL
 MILES OF MOTOR VEHICLE TRAFFIC IN NEW YORK STATE OVER A ONE-YEAR PERIOD.
   (B) "HIGHWAY CAPACITY EXPANSION PROJECT" SHALL  MEAN  A  PROJECT  THAT
 EXPANDS  HIGHWAY CAPACITY, INCLUDING BUT NOT LIMITED TO THE CONSTRUCTION
 OF NEW HIGHWAYS, HIGHWAY WIDENING PROJECTS, AND PROJECTS THAT  ESTABLISH
 GRADE  SEPARATION  AT  AN INTERSECTION, EXCLUDING AUXILIARY LANES WITH A
 LENGTH OF LESS THAN TWO THOUSAND FIVE HUNDRED FEET.
   (C) "VEHICLE MILES TRAVELED IMPACT ASSESSMENT" SHALL MEAN  AN  ASSESS-
 MENT  CONDUCTED TO DETERMINE THE NET CHANGE OF VEHICLE MILES TRAVELED BY
 A HIGHWAY CAPACITY EXPANSION PROJECT.
   3. VEHICLE MILES TRAVELED ASSESSMENT. PRIOR TO  THE  APPROVAL  OF  ANY
 CONSTRUCTION,  RECONSTRUCTION,  OR  MAINTENANCE  OF  STATE HIGHWAYS THAT
 WOULD BE CONSIDERED A HIGHWAY CAPACITY EXPANSION PROJECT, AS DEFINED  BY
 PARAGRAPH  (B)  OF  SUBDIVISION TWO OF THIS SECTION, THE COMMISSIONER OF
 TRANSPORTATION SHALL CONDUCT A VEHICLE MILES TRAVELED IMPACT ASSESSMENT,
 AS DEFINED BY PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION, TO EVAL-
 UATE WHETHER THE PROJECT ALIGNS WITH THE GOAL OF REDUCING ANNUAL VEHICLE
 MILES TRAVELED WITHIN THE STATE BY TWENTY PERCENT BY TWO THOUSAND FIFTY.
 IF A HIGHWAY CAPACITY EXPANSION PROJECT DOES NOT ALIGN WITH THE GOAL  OF
 REDUCING  ANNUAL  VEHICLE  MILES  TRAVELED  WITHIN  THE  STATE BY TWENTY
 PERCENT BY TWO THOUSAND FIFTY, THE PROJECT SHALL  BE  ALTERED  TO  ALIGN
 WITH THESE TARGETS BY CHANGING ITS DESIGN OR SUFFICIENTLY OFFSETTING ITS
 NET  CHANGE TO VEHICLE MILES TRAVELED WITH IMPACT MITIGATION EFFORTS, AS
 OUTLINED IN SUBDIVISION FOUR OF THIS SECTION.
   4. IMPACT MITIGATION. (A) IMPACT MITIGATION SHALL BE DEEMED SUFFICIENT
 IF THE CUMULATIVE NET CHANGE ON VEHICLE MILES TRAVELED FROM IMPACT MITI-
 A. 4120--B                          3
 
 GATION ACTIONS AND A HIGHWAY CAPACITY EXPANSION PROJECT  OVER  THE  SAME
 PERIOD  OF  TIME  ALIGN  WITH  THE GOAL OF REDUCING ANNUAL VEHICLE MILES
 TRAVELED WITHIN THE STATE BY TWENTY PERCENT BY TWO THOUSAND FIFTY.
   (B)  IMPACT MITIGATION SHALL INCLUDE PROJECTS, PROGRAMS, AND OPERATION
 MODIFICATIONS IN ONE OR MORE OF THE FOLLOWING AREAS:
   (I) ALTERNATIVE MEANS OF TRANSPORTATION INFRASTRUCTURE, INCLUDING  BUT
 NOT LIMITED TO PUBLIC TRANSIT EXPANSION, PUBLIC TRANSIT SERVICE IMPROVE-
 MENTS,  PEDESTRIAN  AND  CYCLIST TRANSPORTATION INFRASTRUCTURE EXPANSION
 AND  IMPROVEMENTS,  AND  MICRO-MOBILITY  TRANSPORTATION   INFRASTRUCTURE
 EXPANSION AND IMPROVEMENTS;
   (II)  TRANSPORTATION  DEMAND  MANAGEMENT, INCLUDING BUT NOT LIMITED TO
 VANPOOL AND SHARED VEHICLE PROGRAMS, REMOTE WORK, AND  BROADBAND  ACCESS
 EXPANSION;
   (III)   PARKING  DEMAND  MANAGEMENT,  INCLUDING  BUT  NOT  LIMITED  TO
 REDUCTIONS IN PARKING REQUIREMENTS AND PARKING COST ADJUSTMENTS;
   (IV) CHANGES TO LAND USE WHICH REDUCE VEHICLE MILES TRAVELED,  INCLUD-
 ING BUT NOT LIMITED TO RESIDENTIAL DENSITY INCREASES, MIXED-USE DEVELOP-
 MENT, AND PUBLIC TRANSIT ORIENTED DEVELOPMENT; AND
   (V)  OTHER MEASURES WHICH REDUCE VEHICLE MILES TRAVELED, AS DETERMINED
 BY THE COMMISSIONER.
   (C) WHENEVER FEASIBLE, IMPACT MITIGATION ACTIONS SHALL BE CONDUCTED IN
 AT LEAST ONE OF THE MUNICIPALITIES WHERE A  HIGHWAY  CAPACITY  EXPANSION
 PROJECT  SHALL  TAKE  PLACE.  THE  COMMISSIONER  IS HEREBY AUTHORIZED TO
 DETERMINE WHETHER  THESE  IMPACT  MITIGATION  ACTIONS  ARE  SUFFICIENTLY
 LOCALIZED  TO REDUCE VEHICLE NET MILES TRAVELED IN THE COMMUNITIES WHERE
 A HIGHWAY CAPACITY EXPANSION PROJECT WILL RESULT IN A  NET  CHANGE  THAT
 INCREASES VEHICLE MILES TRAVELED OR INSUFFICIENTLY REDUCES VEHICLE MILES
 TRAVELED.
   5.  TECHNICAL  ADVISORY  COMMITTEE.  THE  COMMISSIONER SHALL APPOINT A
 TECHNICAL ADVISORY COMMITTEE MADE UP OF TECHNICAL EXPERTS TO ADVISE  THE
 COMMISSIONER  IN  THE  VEHICLE  MILES  TRAVELED  ASSESSMENT PROCESS. THE
 COMMITTEE MEMBERS SHALL BE APPOINTED BASED ON DEMONSTRATED EXPERTISE  IN
 TRAVEL  DEMAND  MODELING,  TRAFFIC FORECASTING OR TRANSPORTATION-RELATED
 GREENHOUSE GAS EMISSIONS ASSESSMENT AND ANALYSIS AND OTHER EXPERTISE  AS
 DETERMINED  NECESSARY  BY THE COMMISSIONER. THE COMMITTEE SHALL EVALUATE
 AND RECOMMEND TOOLS FOR  CALCULATING  THE  VEHICLE  MILES  TRAVELED  AND
 INDUCED  DEMAND  OF  A  HIGHWAY CAPACITY EXPANSION PROJECT, EVALUATE AND
 RECOMMEND ADDITIONAL IMPACT  MITIGATION  ACTIONS  WHICH  REDUCE  VEHICLE
 MILES  TRAVELED, AND IDENTIFY AND RECOMMEND BEST PRACTICES FOR CALCULAT-
 ING THE NET CHANGE OF VEHICLE MILES  TRAVELED  FOR  A  HIGHWAY  CAPACITY
 EXPANSION  PROJECT  INCLUSIVE OF IMPACT MITIGATION MEASURES. THE COMMIS-
 SIONER SHALL HEREBY BE AUTHORIZED  TO  REQUEST  THE  TECHNICAL  ADVISORY
 COMMITTEE  ASSESS  AND  PROVIDE RECOMMENDATIONS ON OTHER ELEMENTS OF THE
 VEHICLE MILES TRAVELED ASSESSMENT PROCESS, AS THEY DEEM NECESSARY.
   6. REPORTING. THE COMMISSIONER SHALL SUBMIT A REPORT EVERY TWENTY-FOUR
 MONTHS TO THE GOVERNOR AND THE LEGISLATURE  WHICH  INCLUDES  A  LIST  OF
 STATE,  COUNTY, AND TOWN HIGHWAY CAPACITY EXPANSION PROJECTS APPROVED IN
 NEW YORK. THE REPORT SHALL INCLUDE THE  RESULTS  OF  THE  VEHICLE  MILES
 TRAVELED  ASSESSMENT FOR EACH HIGHWAY CAPACITY EXPANSION PROJECT INCLUD-
 ING ANY IMPACT MITIGATION ACTIONS AND THEIR STATUS.  SUCH  REPORT  SHALL
 ALSO BE MADE PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE.
   §  3. Section 102 of the highway law is amended by adding a new subdi-
 vision 19 to read as follows:
   19. CONDUCT A VEHICLE MILES TRAVELED ASSESSMENT, AS DEFINED BY  SUBDI-
 VISION  TWO  OF  SECTION TEN-H OF THIS CHAPTER, PRIOR TO THE APPROVAL OF
 ANY CONSTRUCTION, RECONSTRUCTION, OR MAINTENANCE OF TOWN  HIGHWAYS  THAT
 A. 4120--B                          4
 
 WOULD  BE CONSIDERED A HIGHWAY CAPACITY EXPANSION PROJECT, AS DEFINED IN
 SUBDIVISION TWO OF SECTION TEN-H OF THIS CHAPTER. IF A HIGHWAY  CAPACITY
 EXPANSION  PROJECT DOES NOT RESULT IN A REDUCTION OF VEHICLE MILES TRAV-
 ELED  WHICH  ALIGNS WITH THE GOAL OF REDUCING ANNUAL VEHICLE MILES TRAV-
 ELED WITHIN THE STATE BY TWENTY  PERCENT  BY  TWO  THOUSAND  FIFTY,  THE
 PROJECT  SHALL  BE  ALTERED  TO ALIGN WITH THESE TARGETS BY CHANGING ITS
 DESIGN OR SUFFICIENTLY OFFSETTING ITS NET CHANGE TO VEHICLE MILES  TRAV-
 ELED  WITH IMPACT MITIGATION EFFORTS, AS OUTLINED IN SUBDIVISION FOUR OF
 SECTION TEN-H OF THIS CHAPTER. THE COUNTY SUPERINTENDENT MAY REQUEST ANY
 RESOURCES AND TECHNICAL ASSISTANCE NECESSARY FROM  THE  COMMISSIONER  TO
 COMPLETE THE VEHICLE MILES TRAVELED ASSESSMENT.
   §  4. Section 140 of the highway law is amended by adding a new subdi-
 vision 20 to read as follows:
   20. CONDUCT A VEHICLE MILES TRAVELED ASSESSMENT, AS DEFINED BY  SUBDI-
 VISION  TWO  OF  SECTION TEN-H OF THIS CHAPTER, PRIOR TO THE APPROVAL OF
 ANY CONSTRUCTION, RECONSTRUCTION, OR MAINTENANCE OF TOWN  HIGHWAYS  THAT
 WOULD  BE CONSIDERED A HIGHWAY CAPACITY EXPANSION PROJECT, AS DEFINED IN
 SUBDIVISION TWO OF SECTION TEN-H OF THIS CHAPTER. IF A HIGHWAY  CAPACITY
 EXPANSION  PROJECT DOES NOT RESULT IN A REDUCTION OF VEHICLE MILES TRAV-
 ELED WHICH ALIGNS WITH THE GOAL OF REDUCING ANNUAL VEHICLE  MILES  TRAV-
 ELED  WITHIN  THE  STATE  BY  TWENTY  PERCENT BY TWO THOUSAND FIFTY, THE
 PROJECT SHALL BE ALTERED TO ALIGN WITH THESE  TARGETS  BY  CHANGING  ITS
 DESIGN  OR SUFFICIENTLY OFFSETTING ITS NET CHANGE TO VEHICLE MILES TRAV-
 ELED WITH IMPACT MITIGATION EFFORTS, AS OUTLINED IN SUBDIVISION FOUR  OF
 SECTION  TEN-H  OF THIS CHAPTER. THE TOWN SUPERINTENDENT MAY REQUEST ANY
 RESOURCES AND TECHNICAL ASSISTANCE NECESSARY FROM  THE  COMMISSIONER  OF
 TRANSPORTATION TO COMPLETE THE VEHICLE MILES TRAVELED ASSESSMENT.
   §  5.  This  act shall take effect immediately; provided that sections
 two, three,  and four of this act shall take  effect  on  the  first  of
 January two years after it shall have become a law.