S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8423
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 29, 2023
                                ___________
 
 Introduced  by  M.  of  A.  LEVENBERG  --  read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the highway law, in relation to requiring certain  state
   and local transportation projects to include complete street design
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 331 of the highway law, as added by chapter 398  of
 the laws of 2011, is amended to read as follows:
   §  331.  [Consideration]  INCLUSION of complete street design. (a) For
 all state, county and local transportation projects that are  undertaken
 by  the  department  or  receive  both federal and state funding and are
 subject to department of transportation  oversight,  the  department  or
 agency with jurisdiction over such projects shall [consider] INCLUDE the
 convenient  access  and mobility on the road network by all users of all
 ages, including motorists, pedestrians, bicyclists, and public transpor-
 tation users [through] BY REQUIRING the use of  complete  street  design
 features  AS  THE CONTROLLING CRITERIA AND DESIGN GUIDANCE FOR ENGINEERS
 in the planning,  design,  construction,  reconstruction  and  rehabili-
 tation,  but not including resurfacing, maintenance, or pavement recycl-
 ing of such projects.  THE DEPARTMENT OF TRANSPORTATION SHALL  CREATE  A
 SCORING  TEMPLATE FOR PROJECTS BASED UPON THE COMPLETE STREETS CHECKLIST
 TO ENSURE PRIORITIZATION OF USERS THAT  WALK,  BIKE  OR  UTILIZE  PUBLIC
 TRANSPORT. THIS SCORING TEMPLATE SHALL PRIORITIZE PEDESTRIAN AND CYCLIST
 SAFETY  AND PROJECTS THAT MAKE IMPROVEMENTS IN AREAS OF HIGH PEDESTRIAN,
 CYCLIST, OR PUBLIC TRANSPORTATION DEMAND. THE DEPARTMENT SHALL ESTABLISH
 A MINIMUM SCORING THRESHOLD AND SHALL NOT APPROVE ANY PROJECT WHICH DOES
 NOT MEET SUCH MINIMUM SCORE.
   (b) Complete street design features are roadway design  features  that
 accommodate  and facilitate convenient access and mobility by all users,
 including current and projected users, particularly  pedestrians,  bicy-
 clists  and  individuals  of  all ages and abilities. These features may
 include, but need not be limited to: sidewalks, paved shoulders suitable
 for use by bicyclists, lane striping,  bicycle  lanes,  share  the  road
 signage,  crosswalks,  road diets, pedestrian control signalization, bus
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11488-02-3
 A. 8423                             2
 
 pull outs, curb cuts, raised crosswalks and ramps  and  traffic  calming
 measures; and recognize that the needs of users of the road network vary
 according  to  a  rural, urban and suburban context.  A PROJECT WHICH IS
 SOLELY FOCUSED ON EITHER PEDESTRIANS OR BICYCLISTS OR PUBLIC TRANSPORTA-
 TION  USERS  SHALL  NOT  BE  REQUIRED TO INCLUDE DESIGN FEATURES FOR THE
 OTHER CATEGORIES IN ITS DESIGN.
   (c) This section shall not apply if it has  been  determined  and  set
 forth in publicly available documents that one of the following exists:
   (i)  use  by  bicyclists and pedestrians is prohibited by law, such as
 within interstate highway corridors; or
   (ii) the cost would be disproportionate to the need as  determined  by
 factors  including, but not limited to, the following: land use context;
 current and projected traffic volumes; and population density; or
   (iii) demonstrated lack of need as determined by  factors,  including,
 but  not  limited  to,  land use, current and projected traffic volumes,
 including population density, or demonstrates lack of community support;
 or
   (iv) use of the design features would have an adverse impact on, or be
 contrary to, public safety.
   (C-1) ADDITIONALLY, THE REQUIREMENTS OF THIS SECTION SHALL  NOT  APPLY
 TO THE FOLLOWING PROJECTS:
   (I)  PAVEMENT PRESERVATION ACTIVITIES SUCH AS CRACK SEALING, FOG SEAL-
 ING, CHIP SEALING, AND RUBBER CHIP SEALING;
   (II) BRIDGE PRESERVATION/MAINTENANCE TREATMENTS SUCH AS JOINT  REPAIR,
 DECK REPAIR, SUPERSTRUCTURE REPAIR, AND SUBSTRUCTURE REPAIR;
   (III)  NON-ROADWAY  MAINTENANCE  ACTIONS  SUCH  AS MOWING, CATCH BASIN
 CLEANING, OR STREET SWEEPING;
   (IV) DRAINAGE ONLY PROJECTS;
   (V) NOISE BARRIER ONLY PROJECTS;
   (VI) GUARDRAIL ONLY PROJECTS;
   (VII) LIGHTING ONLY PROJECTS;
   (VIII) TRAFFIC SIGNAL EQUIPMENT ONLY PROJECTS;
   (IX) SIGNING ONLY PROJECTS;
   (X) LANDSCAPE ONLY PROJECTS;
   (XI) VERTICAL CONSTRUCTION PROJECTS; AND
   (XII) ANY OTHER MINOR ROAD  IMPROVEMENT  PROJECT  WHERE  INCLUSION  OF
 PEDESTRIAN,  CYCLIST,  OR  PUBLIC TRANSIT PROVISIONS WOULD SIGNIFICANTLY
 HINDER THE PROJECT'S COMPLETION, AS  DETERMINED  BY  THE  DEPARTMENT  OF
 TRANSPORTATION ON A CASE-BY-CASE BASIS.
   (d)  Nothing in this section shall be construed to require the depart-
 ment or agency with jurisdiction over a  project  to  expend  monies  in
 accordance  with  subdivision (a) of this section that exceed the amount
 of state and federal funding for complete street design features.
   (E) PROJECTS THAT HAVE RECEIVED AT LEAST THIRTY-FIVE PERCENT  APPROVAL
 BY  THE  DEPARTMENT  OF  TRANSPORTATION  OR  OTHER AGENCY OR ENTITY WITH
 JURISDICTION OVER THE PROJECT, AS OF THE EFFECTIVE DATE OF  THE  CHAPTER
 OF  THE  LAWS  OF  TWO THOUSAND TWENTY-THREE WHICH AMENDED THIS SECTION,
 SHALL NOT BE SUBJECT TO THE ADDITIONAL REQUIREMENTS UNDER  THIS  SECTION
 MADE  BY  SUCH  CHAPTER,  BUT SHALL BE SUBJECT TO THE PROVISIONS OF THIS
 SECTION IN EFFECT PRIOR TO SUCH EFFECTIVE DATE.
   § 2. 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.