NY State Senate Bill 2023-S7890B

Current 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
May 15, 2024	print number 7890b
May 15, 2024	amend and recommit to transportation
Apr 04, 2024	print number 7890a
Apr 04, 2024	amend and recommit to transportation
Jan 03, 2024	referred to transportation

Bill Amendments

Original

B (Active)

co-Sponsors

2023-S7890 - Details

See Assembly Version of this Bill:: A8273
Current Committee:: Senate Transportation
Law Section:: Highway Law
Laws Affected:: Amd §10-c, Hway L

2023-S7890 - Summary

Directs CHIPS funds to be used for the purpose of constructing or maintaining bicycle paths, Greenway trails, and other multi-use trails.

2023-S7890 - Sponsor Memo

                                 
BILL NUMBER: S7890

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the highway law, in relation to consolidated local high-
way assistance payments ("CHIPS")

 
PURPOSE:

Adds bicycle lane and Greenway trail mileage to the CHIPS formula and
allows CHIPS funds to go towards bicycle lane and Greenway trail
construction and maintenance.

 
SUMMARY OF PROVISIONS:

Section 1 amends the highway law to allow CHIPS funds to be put towards
the construction, operation, and/or maintenance of bicycle lanes, Green-
way trails, and other trails for non-motorized use.

Section 2 amends the highway law to count the mileage of bicycle lanes,
Greenway trails, and other trails for non-motorized use in the formula

for distribution of CHIPS funds.

Section 3 states the effective date.

 
JUSTIFICATION:

The Consolidated Local Street and Highway Improvement Program (CHIPS)
provides essential funds for New York's municipalities to build and
maintain roads and bridges. However, the formula for distributing CHIPS
funds disincentivizes the creation of bicycle lanes and trails for non-
motorized use. The formula distributes the funds proportionally to the
lane mileage within each jurisdiction, but bicycle lanes and non-motor-
ized use trails are not counted in the mileage calculation. Localities
are also prohibited from using CHIPS funds on bicycle lanes or non-mo-
torized-use trails.

As a result, localities are discouraged from investing in bicycle lanes
and non-motorized use trails, including Greenway trails, because they
would lose out on additional CHIPS funding that could be procured if
they built vehicular lanes instead. This formula, and the inability of
localities to put CHIPS funds toward non-motorized-use lanes, prevents
New York localities from prioritizing bicycle lanes in their jurisdic-
tions. Given that bicycling is an affordable, low-carbon mode of trans-
portation, this legislation is needed to ensure that New York State is
encouraging investment in safe, accessible bicycle lanes.

This legislation would incentivize investment in bicycle lanes and
Greenway trails by (i) updating the CHIPS formula to count non-motor-
ized-use lanes towards a locality's mileage, and (ii) permitting locali-
ties to spend CHIPS funds on the construction, operation, or maintenance
of non-motorized-use trails. Allowing localities to invest in bicycle
lanes and non-motorized-use trails would provide New Yorkers with
increased opportunities for recreation and low-carbon transportation.

 
LEGISLATIVE HISTORY:

This is a new bill.
 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2023-S7890 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7890
 
                             I N  S E N A T E
 
                              January 3, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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 consolidated local high-
   way assistance payments ("CHIPS")
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  1  of  section  10-c  of the highway law, as
 amended by chapter 20 of the laws of 1983, is amended and a new subdivi-
 sion 1-a is added to read as follows:
   1.  Notwithstanding any other provisions of this chapter or any  other
 law,  and  subject  to  an appropriation made therefor and in accordance
 with the provisions of this section and with the rules  and  regulations
 promulgated  by  the  commissioner in connection therewith, on and after
 the first day of April,  nineteen  hundred  eighty-two,  a  consolidated
 local  highway  assistance program is hereby established for the purpose
 of making payments toward the construction, operation and/or maintenance
 of highways, bridges and highway-railroad crossings,  INCLUDING  BICYCLE
 LANES,  GREENWAY  TRAILS,  AND OTHER PAVED TRAILS FOR NON-MOTORIZED USE,
 that are not on the state highway system. For purposes of this  section,
 such  program  shall apply to any county, city, town or village highway,
 bridge and/or highway-railroad crossing, INCLUDING BICYCLE LANES, GREEN-
 WAY TRAILS, AND OTHER PAVED TRAILS FOR  NON-MOTORIZED  USE,  within  the
 state  that is not on the state highway system and not under the mainte-
 nance and/or operational jurisdiction of  the  state.  The  commissioner
 shall  promulgate  all  necessary rules and regulations to carry out the
 program so that an equitable distribution of aid shall be made  for  the
 construction, operation and/or maintenance of any county, city, town and
 village highways, bridges and highway-railroad crossings.
   1-A.  FOR  PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "BICYCLE LANE" SHALL HAVE THE  SAME  MEANING  AS  IN  SECTION  ONE
 HUNDRED TWO-A OF THE VEHICLE AND TRAFFIC LAW.
   (B)  "GREENWAY  TRAIL" MEANS THE TRAIL ESTABLISHED PURSUANT TO SECTION
 44-0121 OF THE ENVIRONMENTAL CONSERVATION LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13556-01-3
 S. 7890                             2
 
   § 2. The opening paragraph of subdivision 3 of  section  10-c  of  the
 highway  law,  as  amended by chapter 56 of the laws of 1993, is amended
 and a new paragraph (d) is added to read as follows:
   Amounts  shall be distributed for local highways, bridges and highway-
 railroad crossings in accordance with the following  [three]  FOUR  step
 process:
   (D) FOURTH, ON-ROAD LANE MILEAGE THAT IS SOLELY FOR NON-MOTORIZED USE,
 INCLUDING  BICYCLE  LANES, GREENWAY TRAILS, AND OTHER TRAILS FOR NON-MO-
 TORIZED USE, SHALL BE ACCOUNTED FOR PURPOSES OF CALCULATING LANE MILEAGE
 FOR THE DISTRIBUTION OF FUNDS PURSUANT TO THIS SUBDIVISION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

2023-S7890A - Details

See Assembly Version of this Bill:: A8273
Current Committee:: Senate Transportation
Law Section:: Highway Law
Laws Affected:: Amd §10-c, Hway L

2023-S7890A - Summary

Directs CHIPS funds to be used for the purpose of constructing or maintaining bicycle paths, Greenway trails, and other multi-use trails.

2023-S7890A - Sponsor Memo

                                 
BILL NUMBER: S7890A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the highway law, in relation to consolidated local high-
way assistance payments ("CHIPS")

 
PURPOSE:

Adds bicycle lane and Greenway trail mileage to the CHIPS formula and
allows CHIPS funds to go towards bicycle lane and Greenway trail
construction and maintenance.

 
SUMMARY OF PROVISIONS:

Section 1 amends the highway law to allow CHIPS funds to be put towards
the construction, operation, and/or maintenance of bicycle lanes, Green-
way trails, and other trails for non-motorized use.

Section 2 amends the highway law to count the mileage of bicycle lanes,
Greenway trails, and other trails for non-motorized use in the formula

for distribution of CHIPS funds.

Section 3 states the effective date.

 
JUSTIFICATION:

The Consolidated Local Street and Highway Improvement Program (CHIPS)
provides essential funds for New York's municipalities to build and
maintain roads and bridges. However, the formula for distributing CHIPS
funds disincentivizes the creation of bicycle lanes and trails for non-
motorized use. The formula distributes the funds proportionally to the
lane mileage within each jurisdiction, but bicycle lanes and non-motor-
ized use trails are not counted in the mileage calculation. Localities
are also prohibited from using CHIPS funds on bicycle lanes or non-mo-
torized-use trails.

As a result, localities are discouraged from investing in bicycle lanes
and non-motorized use trails, including Greenway trails, because they
would lose out on additional CHIPS funding that could be procured if
they built vehicular lanes instead. This formula, and the inability of
localities to put CHIPS funds toward non-motorized-use lanes, prevents
New York localities from prioritizing bicycle lanes in their jurisdic-
tions. Given that bicycling is an affordable, low-carbon mode of trans-
portation, this legislation is needed to ensure that New York State is
encouraging investment in safe, accessible bicycle lanes.

This legislation would incentivize investment in bicycle lanes and
Greenway trails by (i) updating the CHIPS formula to count non-motor-
ized-use lanes towards a locality's mileage, and (ii) permitting locali-
ties to spend CHIPS funds on the construction, operation, or maintenance
of non-motorized-use trails. Allowing localities to invest in bicycle
lanes and non-motorized-use trails would provide New Yorkers with
increased opportunities for recreation and low-carbon transportation.

 
LEGISLATIVE HISTORY:

This is a new bill.
 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2023-S7890A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7890--A
 
                             I N  S E N A T E
 
                              January 3, 2024
                                ___________
 
 Introduced  by  Sens.  HARCKHAM, RYAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN ACT to amend the highway law, in relation to consolidated local high-
   way assistance payments ("CHIPS")

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of  section  10-c  of  the  highway  law,  as
 amended by chapter 20 of the laws of 1983, is amended and a new subdivi-
 sion 1-a is added to read as follows:
   1.   Notwithstanding any other provisions of this chapter or any other
 law, and subject to an appropriation made  therefor  and  in  accordance
 with  the  provisions of this section and with the rules and regulations
 promulgated by the commissioner in connection therewith,  on  and  after
 the  first  day  of  April,  nineteen hundred eighty-two, a consolidated
 local highway assistance program is hereby established for  the  purpose
 of making payments toward the construction, operation and/or maintenance
 of  highways,  bridges and highway-railroad crossings, INCLUDING BICYCLE
 PATHS, GREENWAY TRAILS, AND OTHER PAVED TRAILS  FOR  NON-MOTORIZED  USE,
 that  are not on the state highway system. For purposes of this section,
 such program shall apply to any county, city, town or  village  highway,
 bridge and/or highway-railroad crossing, INCLUDING BICYCLE PATHS, GREEN-
 WAY  TRAILS,  AND  OTHER  PAVED TRAILS FOR NON-MOTORIZED USE, within the
 state that is not on the state highway system and not under the  mainte-
 nance  and/or  operational  jurisdiction  of the state. The commissioner
 shall promulgate all necessary rules and regulations to  carry  out  the
 program  so  that an equitable distribution of aid shall be made for the
 construction, operation and/or maintenance of any county, city, town and
 village highways, bridges and highway-railroad crossings.
   1-A. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  "BICYCLE  PATH"  SHALL  HAVE  THE  SAME MEANING AS IN SECTION ONE
 HUNDRED TWO-B OF THE VEHICLE AND TRAFFIC LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13556-03-4
 S. 7890--A                          2
 
   (B) "GREENWAY TRAIL" MEANS THE TRAIL ESTABLISHED PURSUANT  TO  SECTION
 44-0121 OF THE ENVIRONMENTAL CONSERVATION LAW.
   §  2.    This  act  shall take effect on the one hundred eightieth day
 after it shall have become a law.

co-Sponsors

2023-S7890B (ACTIVE) - Details

See Assembly Version of this Bill:: A8273
Current Committee:: Senate Transportation
Law Section:: Highway Law
Laws Affected:: Amd §10-c, Hway L

2023-S7890B (ACTIVE) - Summary

Directs CHIPS funds to be used for the purpose of constructing or maintaining bicycle paths, Greenway trails, and other multi-use trails.

2023-S7890B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7890B

SPONSOR: HARCKHAM
 
TITLE OF BILL:  An act to amend the highway law, in relation to
consolidated local highway assistance payments ("CHIPS")

 
PURPOSE::

Adds bicycle lane and Greenway trail mileage to the CHIPS formula and
allows CHIPS funds to go towards bicycle lane and Greenway trail
construction and maintenance.

 
SUMMARY OF PROVISIONS::

Section 1 amends the highway law to allow CHIPS funds to be put towards
the construction, operation, and/or maintenance of bicycle lanes, Green-
way trails, and other trails for non-motorized use.

Section 2 amends the highway law to count the mileage of bicycle lanes,
Greenway trails, and other trails for non-motorized use in the formula
for distribution of CHIPS funds.

Section 3 states the effective date.

 
JUSTIFICATION::

The Consolidated Local Street and Highway Improvement Program (CHIPS)
provides essential funds for New York's municipalities to build and
maintain roads and bridges. However, the formula for distributing CHIPS
funds disincentivizes the creation of bicycle lanes and trails for non-
motorized use. The formula distributes the funds proportionally to the
lane mileage within each jurisdiction, but bicycle lanes and non-motor-
ized use trails are not counted in the mileage calculation. Localities
are also prohibited from using CHIPS funds on bicycle lanes or non-mo-
torized-use trails.

As a result, localities are discouraged from investing in bicycle lanes
and non-motorized use trails, including Greenway trails, because they
would lose out on additional CHIPS funding that could be procured if
they built vehicular lanes instead. This formula, and the inability of
localities to put CHIPS funds toward non-motorized-use lanes, prevents
New York localities from prioritizing bicycle lanes in their jurisdic-
tions. Given that bicycling is an affordable, low-carbon mode of trans-
portation, this legislation is needed to ensure that New York State is
encouraging investment in safe, accessible bicycle lanes.

This legislation would incentivize investment in bicycle lanes and
Greenway trails by (i) updating the CHIPS formula to count non-motor-
ized-use lanes towards a locality's mileage, and (ii) permitting locali-
ties to spend CHIPS funds on the construction, operation, or maintenance
of non-motorized-use trails. Allowing localities to invest in bicycle
lanes and non-motorized-use trails would provide New Yorkers with
increased opportunities for recreation and low-carbon transportation.

 
LEGISLATIVE HISTORY::

This is a new bill.

 
FISCAL IMPLICATIONS::
Minimal.

 
EFFECTIVE DATE::

This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2023-S7890B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7890--B
 
                             I N  S E N A T E
 
                              January 3, 2024
                                ___________
 
 Introduced  by  Sens.  HARCKHAM, RYAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the highway law, in relation to consolidated local high-
   way assistance payments ("CHIPS")
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  10-c  of the highway law, as
 amended by chapter 20 of the laws of 1983, is amended and a new subdivi-
 sion 1-a is added to read as follows:
   1.  Notwithstanding any other provisions of this chapter or any  other
 law,  and  subject  to  an appropriation made therefor and in accordance
 with the provisions of this section and with the rules  and  regulations
 promulgated  by  the  commissioner in connection therewith, on and after
 the first day of April,  nineteen  hundred  eighty-two,  a  consolidated
 local  highway  assistance program is hereby established for the purpose
 of making payments toward the construction, operation and/or maintenance
 of highways, bridges [and], highway-railroad crossings,  BICYCLE  PATHS,
 GREENWAY  TRAILS,  AND OTHER PAVED TRAILS FOR NON-MOTORIZED USE that are
 not on the state highway system. For  purposes  of  this  section,  such
 program shall apply to any county, city, town or village highway, bridge
 [and/or],  highway-railroad  crossing,  BICYCLE  PATH,  GREENWAY  TRAIL,
 AND/OR OTHER PAVED TRAIL FOR NON-MOTORIZED USE within the state that  is
 not  on  the  state  highway system and not under the maintenance and/or
 operational jurisdiction of the state.   PROVIDED,  HOWEVER,  THAT  SUCH
 BICYCLE PATHS, GREENWAY TRAILS, AND OTHER PAVED TRAILS FOR NON-MOTORIZED
 USE  SHALL  EITHER  BE  WITHIN THE RIGHT OF WAY OF, OR BISECT, TRANSECT,
 BEGIN, OR TERMINATE AT, A HIGHWAY RIGHT OF WAY THAT IS NOT ON THE  STATE
 HIGHWAY  SYSTEM  AND NOT UNDER THE MAINTENANCE AND/OR OPERATIONAL JURIS-
 DICTION OF THE STATE. The commissioner shall  promulgate  all  necessary
 rules  and  regulations  to  carry  out the program so that an equitable
 distribution of aid shall be made for the construction, operation and/or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13556-05-4
 S. 7890--B                          2
 
 maintenance of any county, city, town and village highways, bridges  and
 highway-railroad crossings.
   1-A.  FOR  PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "BICYCLE PATH" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
 IN SECTION ONE HUNDRED TWO-B OF THE VEHICLE AND TRAFFIC LAW.
   (B) "GREENWAY TRAIL" SHALL MEAN  THE  TRAIL  ESTABLISHED  PURSUANT  TO
 SECTION 44-0121 OF THE ENVIRONMENTAL CONSERVATION LAW.
   §  2.    This  act  shall take effect on the one hundred eightieth day
 after it shall have become a law.

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Senate Bill S7890B

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee

Bill Amendments

co-Sponsors

2023-S7890 - Details

2023-S7890 - Summary

2023-S7890 - Sponsor Memo

2023-S7890 - Bill Text download pdf

co-Sponsors

2023-S7890A - Details

2023-S7890A - Summary

2023-S7890A - Sponsor Memo

2023-S7890A - Bill Text download pdf

co-Sponsors

2023-S7890B (ACTIVE) - Details

2023-S7890B (ACTIVE) - Summary

2023-S7890B (ACTIVE) - Sponsor Memo

2023-S7890B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7890B

Share this bill

Sponsored By

Pete Harckham

Current Bill Status - In Senate Committee Transportation Committee

Bill Amendments

co-Sponsors

Sean M. Ryan

2023-S7890 - Details

2023-S7890 - Summary

2023-S7890 - Sponsor Memo

2023-S7890 - Bill Text download pdf

co-Sponsors

Sean M. Ryan

2023-S7890A - Details

2023-S7890A - Summary

2023-S7890A - Sponsor Memo

2023-S7890A - Bill Text download pdf

co-Sponsors

Sean M. Ryan

2023-S7890B (ACTIVE) - Details

2023-S7890B (ACTIVE) - Summary

2023-S7890B (ACTIVE) - Sponsor Memo

2023-S7890B (ACTIVE) - Bill Text download pdf

Comments