S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4230
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2025
                                ___________
 
 Introduced  by  M.  of A. McMAHON, SIMONE, MAMDANI, GALLAGHER, SHRESTHA,
   SIMON, TAPIA, KELLES, GONZALEZ-ROJAS, BORES, BURDICK, EPSTEIN --  read
   once and referred to the Committee on Environmental Conservation
 
 AN  ACT  to  amend  the  highway law and the village 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, developing strategies  to  coordi-
 nate  impact  mitigation  measures  with local authorities and a plan to
 assess,  monitor,  and  approve  a  given  project's  impact  mitigation
 actions.  The working group shall aid the commissioner of transportation
 in establishing procedures to assist counties, towns, and villages seek-
 ing to comply with their vehicle miles traveled assessment requirements,
 as outlined in sections one hundred two and one  hundred  forty  of  the
 highway law and section 6-634 of the village 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
 metropolitan transportation authority, and  the  New  York  metropolitan
 transportation  council.  At  least  three  of the working group members
 shall be representatives from advocacy groups or community organizations
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00638-02-5
              

 A. 4230                             2
 
 whose work is relevant to projects and programs in alternative means  of
 transportation infrastructure including but not limited to public trans-
 it  expansion,  public  transit  service  improvements,  pedestrian  and
 cyclist  transportation  infrastructure expansion and  improvements, and
 micro-mobility transportation infrastructure expansion and improvements.
   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.
   4. The commissioner may utilize the findings  and  recommendations  in
 the  working group report to promulgate any rules and regulations neces-
 sary to implement sections two, three, four, and five of this act.
   § 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.
 THIS GOAL SHALL BE BASED UPON A  TWENTY  PERCENT  REDUCTION  OF  VEHICLE
 MILES  TRAVELED BY TWO THOUSAND FIFTY FROM THE BASE YEAR, WHICH SHALL BE
 ESTABLISHED AS THE FIRST FULL CALENDAR YEAR PRECEDING THE EFFECTIVE DATE
 OF THIS SECTION WHEREIN DATA ON VEHICLE MILES TRAVELED IS  AVAILABLE  TO
 THE COMMISSIONER. IF A HIGHWAY CAPACITY EXPANSION PROJECT DOES NOT ALIGN
 A. 4230                             3
 
 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 OFFSET-
 TING  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-
 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 AND SHALL BE COORDI-
 NATED WITH LOCAL AUTHORITIES WHEN NECESSARY:
   (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, TOWN, AND VILLAGE  HIGHWAY  CAPACITY  EXPANSION  PROJECTS
 APPROVED  IN NEW YORK. THE REPORT SHALL INCLUDE THE RESULTS OF THE VEHI-
 A. 4230                             4
 
 CLE MILES  TRAVELED  ASSESSMENT  FOR  EACH  HIGHWAY  CAPACITY  EXPANSION
 PROJECT  INCLUDING  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 COUNTY 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 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. The village law is amended by adding a new section 6-634 to read
 as follows:
   § 6-634 VEHICLE MILES TRAVELED ASSESSMENT FOR VILLAGE HIGHWAY CAPACITY
 IMPROVEMENT PROJECTS. THE BOARD OF  TRUSTEES  OR  OTHER  OFFICERS  OF  A
 VILLAGE  WHEN  DELEGATED  TO  THEM BY SUCH BOARD SHALL CONDUCT A VEHICLE
 MILES TRAVELED ASSESSMENT, AS DEFINED  BY  SUBDIVISION  TWO  OF  SECTION
 TEN-H  OF  THE  HIGHWAY  LAW, PRIOR TO THE APPROVAL OF ANY CONSTRUCTION,
 RECONSTRUCTION, OR MAINTENANCE OF VILLAGE HIGHWAYS THAT WOULD BE CONSID-
 ERED A HIGHWAY CAPACITY EXPANSION PROJECT, AS DEFINED IN SUBDIVISION TWO
 OF SECTION TEN-H OF THE HIGHWAY LAW. IF  A  HIGHWAY  CAPACITY  EXPANSION
 PROJECT  DOES  NOT RESULT IN A REDUCTION OF VEHICLE MILES TRAVELED WHICH
 ALIGNS 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  SUFFI-
 CIENTLY  OFFSETTING ITS NET CHANGE TO VEHICLE MILES TRAVELED WITH IMPACT
 MITIGATION EFFORTS, AS OUTLINED IN SUBDIVISION FOUR OF SECTION TEN-H  OF
 THE  HIGHWAY  LAW.  THE BOARD OF TRUSTEES OR OTHER OFFICERS OF A VILLAGE
 WHEN DELEGATED TO THEM BY SUCH BOARD MAY REQUEST ANY RESOURCES AND TECH-
 NICAL ASSISTANCE NECESSARY FROM THE COMMISSIONER  OF  TRANSPORTATION  TO
 COMPLETE THE VEHICLE MILES TRAVELED ASSESSMENT.
 A. 4230                             5
 
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided that sections two, three, four, and five  of
 this  act  shall  take effect on the first of January two years after it
 shall have become a law.