Bill S5411A-2011

Enables safe access to public roads for all users by utilizing complete street design principles

Enables safe access to public roads for all users by utilizing complete street design principles.



  • Aug 15, 2011: SIGNED CHAP.398
  • 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: PASSED SENATE
  • Jun 14, 2011: AMENDED ON THIRD READING 5411A
  • Jun 6, 2011: 2ND REPORT CAL.
  • Jun 2, 2011: 1ST REPORT CAL.966





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 of this bill provides legislative findings.

Section 2 subdivision (a) of this bill would provide for the consideration of complete street design features for projects undertaken by the Department of Transportation or undertaken by municipalities and public authorities that receive both state and federal funding and are subject to department of transportation oversight. Subdivision (b) of this section provides a list of features and elements that may be considered in complete street design. Subdivision (c) of this section provides that if complete street design features are not considered, a publicly available document shall set forth the reason why these features were not considered. This subdivision also lists exceptions that would impede the use of complete street features. Subdivision (d) provides that this section shall not require the department, public authority or municipality to expend any monies for complete street design, other than monies provided by the state and federal governments for complete street features. Subdivision (d) does not preclude the department, public authority or municipality from spending monies from its own budget for complete street design features.

Section 3 of this bill provides that the Department of Transportation shall produce a report within two years of the effective date of this section demonstrating how the Department has complied with this section and changed its procedures to institutionalize complete street design features into the planning, project scoping, design and implementation of projects subject to this section. The report shall include review and guidance regarding certain highway features. The report should also include any best practices identified by the Department, whether created by the department or identified from another source.

JUSTIFICATION: Working collaboratively with all interested stakeholders the Legislature and the Governor have agreed to establish a complete street design policy that safely and cost effectively facilitates access and improved mobility for pedestrians, cyclists, mass transportation riders and motorists of all ages and abilities. Such a policy benefits our environment through improved air quality, decreased traffic congestion and the preservation of our natural assets. Our citizens' benefit, not only from the environmental advantages derived from a complete street policy, but

from the health benefits associated with active forms of transportation.

This bill establishes a complete street policy that will consider the needs of all users of our roads by encouraging good planning to benefit a variety of citizens and encourage sustainable communities while at the same time recognizing the economic hardship facing our governments today.

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.


STATE OF NEW YORK ________________________________________________________________________ 5411--A Cal. No. 966 2011-2012 Regular Sessions IN SENATE May 18, 2011 ___________
Introduced by Sens. FUSCHILLO, DILAN, AVELLA, BRESLIN, DIAZ, DUANE, FLANAGAN, GRISANTI, HASSELL-THOMPSON, KENNEDY, KLEIN, KRUEGER, LARKIN, LITTLE, MONTGOMERY, OPPENHEIMER, PARKER, PERKINS, SAMPSON, STAVISKY, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- reported favorably from said committee and committed to the Committee on Finance -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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. Legislative findings. It is hereby found and declared that to achieve a cleaner, greener transportation system the transportation plans of New York state should consider the needs of all users of our roadways including pedestrians, bicyclists, public transportation riders, motorists and citizens of all ages and abilities, including children, the elderly and the disabled. By encouraging good planning, more citizens will achieve the health benefits associated with active forms of transportation while traffic congestion and auto related air pollution will be reduced. Therefore, it shall be the policy of the state to consider people of all ages and abilities and all appropriate forms of transportation when planning roadway projects. S 2. 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 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 THE CONVENIENT ACCESS AND MOBILITY ON THE ROAD NETWORK BY ALL USERS OF ALL AGES, INCLUDING MOTOR- ISTS, PEDESTRIANS, BICYCLISTS, AND PUBLIC TRANSPORTATION USERS THROUGH THE USE OF COMPLETE STREET DESIGN FEATURES IN THE PLANNING, DESIGN, CONSTRUCTION, RECONSTRUCTION AND REHABILITATION, BUT NOT INCLUDING RESURFACING, MAINTENANCE, OR PAVEMENT RECYCLING OF SUCH PROJECTS. (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 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. (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. (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. S 3. (a) No later than two years after the effective date of this act, the department of transportation shall publish a report showing how it has complied with section 331 of the highway law and changed its proce- dures to institutionalize complete street design features into planning, project scoping, design and implementation 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 the department of transportation utilized in complying with section 331 of the highway law. (b) In identifying 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. The department of transportation shall consult with transportation, land-use and environmental 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 4. This act and/or any failure to comply with the provisions of this act shall not be admissible as evidence against the state, any munici- pality or public authority in any claim for monetary damages against the state, a municipality or a public authority. S 5. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that this act shall not apply to transportation projects undertaken or approved prior to the date on which this act shall have become a law.


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