S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1875
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced  by  M.  of  A. LEVENBERG, SHIMSKY, BURDICK, EPSTEIN, STIRPE,
   JACOBSON, K. BROWN, McDONOUGH -- read once and referred to the Commit-
   tee 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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00362-01-5
 A. 1875                             2

 signage,  crosswalks,  road diets, pedestrian control signalization, bus
 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-FIVE  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.