S5411-2011 Actions

• Aug 15, 2011: SIGNED CHAP.398
• Aug 15, 2011: DELIVERED TO GOVERNOR
• Jun 20, 2011: returned to senate
• Jun 20, 2011: passed assembly
• Jun 20, 2011: ordered to third reading rules cal.508
• Jun 20, 2011: substituted for a8366
• Jun 20, 2011: referred to ways and means
• Jun 20, 2011: DELIVERED TO ASSEMBLY
• Jun 20, 2011: PASSED SENATE
• Jun 14, 2011: AMENDED ON THIRD READING 5411A
• Jun 7, 2011: ADVANCED TO THIRD READING
• Jun 6, 2011: 2ND REPORT CAL.
• Jun 2, 2011: 1ST REPORT CAL.966
• May 24, 2011: REPORTED AND COMMITTED TO FINANCE
• May 18, 2011: REFERRED TO TRANSPORTATION

S5411-2011 Meetings

S5411-2011 Calendars

S5411-2011 Votes

S5411-2011 Memo

BILL NUMBER:S5411

TITLE OF BILL:
An act
to amend the highway law, in relation to enabling safe access to public
roads for all users by utilizing complete street design principles

PURPOSE:
Enable safe access to public roads for all users by utilizing
complete street design principles

SUMMARY OF PROVISIONS:
Section 1. Amends the highway law by adding a
new section 331.

Subdivision (a) requires all state, county and local transportation
facilities that receive both federal and state funding are subject to
department of transportation oversight to consider safe travel on the
road network by all users of all ages, including motorists,
pedestrians, bicyclists, and public transportation users through
complete design features.

Subdivision (b) Complete street design features shall include but not
be limited to: sidewalks, paved shoulders suitable for use by
bicyclists, lane stripping, bicycle lanes, share the road signage,
crosswalks, pedestrian control signalization, bus pull outs, curb
cuts, raised crosswalks and ramps and traffic calming measures while
recognizing that the needs of users of the road network vary
according to a rural, urban and suburban context.

Subdivision (c) provides for exceptions to the use of complete street
design features.

Section 2. requires a best practice report to be published by the
Department of Transportation no later than two years after the bill
becomes law

Section 3. Effective date

JUSTIFICATION:
According to the National Highway Traffic Safety
Administration (NHTSA), 4,092 pedestrians were killed by motorists in
2009 - an average of one death every two hours. 19 percent of these
fatalities were people ages 65 and older. In addition, the NHTSA
stated that over 59,000 pedestrians were injured by motorists in
2009, an average of one injury every 9 minutes in 2009.

Complete street design principles include sidewalks, paved shoulders
suitable for use by bicyclists, lane stripping, bicycle lanes, share
the road signage, crosswalks, pedestrian control signalization, bus
pull outs, curb cuts, raised crosswalks, ramps and traffic calming
measures designed to allow pedestrian and motor traffic to easily
coexist. A Federal Highways Administration safety review found that
streets designed with these features improve safety for all users,
enabling pedestrians to cross busy roads in two stages, improving
bicycle safety and reducing left-turning motorist crashes to zero.


The potential to reduce carbon emissions by encouraging to
lower-carbon modes of transportation is undeniable. The 2001 National
Household Transportation Survey found 50% of all trips in
metropolitan areas
are three miles or less and 28% of all metropolitan trips are less
than one mile, easy to walk, bike, or utilize mass transit. Yet 65%
of the shortest trips are now made by automobile, in part because of
incomplete streets that make it dangerous or unpleasant for other
modes of travel. Complete streets would help convert many of these
short automobile trips to multi-modal travel. Simply increasing
bicycling from 1% to 1.5% of all trips in the U.S. would save 462
million gallons of gasoline each year.

This legislation would ensure that complete streets design principles
are utilized where they would be most needed, most effective, and
most beneficial to improve safety for all who use our roadways.

LEGISLATIVE HISTORY:
2010: S.5711-B/A.8587-B Passed the Senate

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
One hundred and eightieth day after it shall have
become law.

S5411-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5411
 2011-2012 Regular Sessions
 I N  SENATE
 May 18, 2011
 
 Introduced  by  Sens.  FUSCHILLO, DILAN, DIAZ, GRISANTI, LARKIN, LITTLE,
 OPPENHEIMER, PERKINS, SAMPSON,  VALESKY  --  read  twice  and  ordered
 printed,  and  when printed to be committed to the Committee on Trans
 portation
 

AN ACT to amend the highway law, in relation to enabling safe access  to
 public roads for all users by utilizing complete street design princi
 ples
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The highway law is amended by adding a new section  331  to
 read as follows:

 

S  331.  CONSIDERATION  OF  COMPLETE STREET DESIGN. (A) FOR ALL STATE,
 COUNTY AND LOCAL TRANSPORTATION FACILITIES THAT RECEIVE BOTH FEDERAL AND
 STATE FUNDING AND ARE SUBJECT TO DEPARTMENT OF TRANSPORTATION OVERSIGHT,
 THE DEPARTMENT OR AGENCY WITH JURISDICTION OVER  SUCH  FACILITIES  SHALL
 CONSIDER  THE  SAFE TRAVEL ON THE ROAD NETWORK BY ALL USERS OF ALL AGES,
 INCLUDING MOTORISTS, PEDESTRIANS, BICYCLISTS, AND PUBLIC  TRANSPORTATION
 USERS  THROUGH  THE  USE OF COMPLETE STREET DESIGN FEATURES IN THE PLAN
 NING, DESIGN, CONSTRUCTION,  RECONSTRUCTION,  RESTRIPING  AND  REHABILI
 TATION,  BUT  NOT INCLUDING RESURFACING, MAINTENANCE OR PAVEMENT RECYCL
 ING, OF SUCH FACILITIES.
 (B) COMPLETE STREET DESIGN FEATURES ARE ROADWAY DESIGN  FEATURES  THAT
 ACCOMMODATE  AND  FACILITATE SAFE TRAVEL BY ALL USERS, INCLUDING CURRENT
 AND PROJECTED USERS, PARTICULARLY PEDESTRIANS, BICYCLISTS  AND  INDIVID
 UALS OF ALL AGES AND ABILITIES. THESE FEATURES SHALL INCLUDE, BUT 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  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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11543-01-1
 
       S. 5411                             2
 (C) EXCEPTIONS TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE PERMISSI
 BLE ONLY AFTER THE COMMISSIONER OR AGENCY  WITH  JURISDICTION  OVER  THE
 PROJECT,  AND AFTER PUBLIC INPUT, DEMONSTRATES, WITH SUPPORTING DOCUMEN
 TATION WHICH SHALL BE AVAILABLE TO THE PUBLIC, 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.
 

S 2. (a) No later than two years after the effective date of this act,
 the department of transportation shall  publish  a  report  showing  how
 transportation  agencies  have  complied with section 331 of the highway
 law and changed their procedures to  institutionalize  complete  streets
 design  features  into planning, project scoping, design and implementa
 tion of the  required  highway  and  road  projects.  The  report  shall
 include,  but  not  be  limited  to  a  discussion  of the review of and
 revisions to various guidance documents  regarding  lane  width,  design
 speed,  average  daily  traffic thresholds, level of service and roadway
 classification. The report shall  also  show  any  best  practices  that
 transportation  agencies  utilized  in complying with section 331 of the
 highway law.
 (b) In establishing such best practices, consideration shall be  given
 to the procedures for identifying the needs of the mix of users, includ
 ing  primary and secondary users and the identification of barriers, and
 summary of the documentation required by paragraph (c) of section 331 of
 the highway law regarding why transportation agencies could  not  comply
 with  paragraph (a) of section 331 of the highway law. The department of
 transportation shall consult with transportation, land-use and  environ
 mental officials, including representatives from:

 (i) Counties, cities and towns;
 (ii) Metropolitan planning organizations;
 (iii) Public transit operators;
 (iv) Relevant state agencies; and
 (v) Other relevant stakeholders, including, but not limited to, repre
 sentatives  from  disability  rights  groups,  aging groups, bicycle and
 pedestrian advocates, and developers.
 

S 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!