Bill Text: NY S04198 | 2023-2024 | General Assembly | Amended

---

Bill Title: Enacts the "New York wildlife crossing act"; directs the department of transportation and the New York state thruway authority to identify sites along all highways, thruways and parkways in the state where wildlife crossings are most needed to increase public safety and improve habitat connectivity and create a priority list of wildlife opportunity areas where federal grant monies may be available to implement the top five projects identified.

Spectrum: Slight Partisan Bill (Democrat 12-5)

Status: (Enrolled) 2024-11-15 - DELIVERED TO GOVERNOR [S04198 Detail]

Download: New_York-2023-S04198-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         4198--B
            Cal. No. 342

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 6, 2023
                                       ___________

        Introduced  by  Sens.  COMRIE,  ASHBY, HARCKHAM, HOYLMAN-SIGAL, JACKSON,
          MAY, SEPULVEDA, TEDISCO, WEBB -- read twice and ordered  printed,  and
          when printed to be committed to the Committee on Environmental Conser-
          vation  --  recommitted to the Committee on Environmental Conservation
          in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  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  enact   the "New York wildlife crossing act"; to direct the
          department of transportation and the New York state thruway  authority
          to  identify  sites  along all highways, thruways, and parkways in the
          state where wildlife crossings are  most  needed  to  increase  public
          safety and improve habitat connectivity; and to create a priority list
          of  wildlife crossing opportunity areas where federal grant monies may
          be available to implement the top five projects identified

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "New York wildlife crossing act".
     3    § 2. For the purposes of this act:
     4    "Wildlife crossing" means  a  structure  designed  or  retrofitted  to
     5  enable  wildlife  to  successfully  cross  roads  and other human-caused
     6  barriers to wildlife movement.  Such crossings may include  but  not  be
     7  limited to culverts, bridges, wildlife underpass tunnels, wildlife over-
     8  pass bridges, and fencing associated with such structures.
     9    §  3.  The department of transportation and the New York state thruway
    10  authority is hereby authorized and  directed  to  assess  all  highways,
    11  thruways,  and parkways in the state for potential wildlife crossings to
    12  improve wildlife habitat connectivity, reduce  wildlife  vehicle  colli-
    13  sions, and increase public safety for New York motorists. The department
    14  of  transportation,  in  conjunction  with  the  New  York state thruway
    15  authority, shall use the findings of their assessment to finalize a  top
    16  ten  wildlife  crossings priority list no later than two years after the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02060-06-4
        S. 4198--B                          2

     1  effective date of this act. The priority list of crossing sites shall be
     2  determined by the following:
     3    (a) (i) Identification of road segments that pose a risk to successful
     4  wildlife  movement  and habitat connectivity, or that pose a risk to the
     5  traveling public due to wildlife-vehicle collisions;
     6    (ii) Any available or subsequently collected data, or  recommendations
     7  provided by the department of environmental conservation, the department
     8  of  transportation, and the department of motor vehicles on needed road-
     9  way mitigation measures to improve wildlife movement and habitat connec-
    10  tivity.
    11    (b) Identification of bridges and culverts that block or impede, espe-
    12  cially road segments that negatively affect wildlife habitat  and  move-
    13  ment;
    14    (c)  Information about how increased movement of species could benefit
    15  overused and highly impacted habitat areas;
    16    (d) Maps that identify locations of:
    17    (i) existing wildlife crossings; and
    18    (ii) potential sites for additional wildlife crossings based  on  this
    19  study;
    20    (e)  Economic  benefits  anticipated from preserving wildlife movement
    21  patterns, including the potential  impact  of  reduced  wildlife-vehicle
    22  collisions;
    23    (f)  The feasibility and constructability of wildlife crossing infras-
    24  tructure; and
    25    (g) Any additional information that the  department  of  environmental
    26  conservation deems necessary and appropriate to carry out the intent and
    27  purposes of this act.
    28    § 4. Two years after the effective date of this act, the department of
    29  transportation  in conjunction with the New York state thruway authority
    30  shall make public its identified  list  of  priority  wildlife  crossing
    31  opportunities.  The  priority opportunity list and accompanying informa-
    32  tion listed below shall be updated every five years after publication of
    33  the initial list. The publicized list of the top ten  priority  wildlife
    34  crossing  opportunities  shall  be accompanied by the following informa-
    35  tion:
    36    (a) Feasibility factors impacting construction for the top five of the
    37  top ten wildlife crossing opportunities, which should include any avail-
    38  able and helpful estimate costs, the availability and habitat quality of
    39  the land on either side  of  the  crossings,  and  any  relevant  public
    40  support for the crossings;
    41    (b)  A  description  of any methodologies used beyond the requirements
    42  listed in subdivisions (a) and (b) of  section  three  of  this  act  to
    43  create the top ten list; and
    44    (c) A list of available federal grant funds that the top five projects
    45  are eligible for.
    46    §  5.  The  department of transportation may consult with any state or
    47  local office, agency, or department and request or  receive  information
    48  from  any such entity that is relevant and material to the completion of
    49  this study and report.
    50    § 6. The department of transportation  is  hereby  directed  to  addi-
    51  tionally  update  appropriate  design  guidance,  including  the Highway
    52  Design Manual, by July 1, 2026, to incorporate design concepts for wild-
    53  life passage features and related standard plans and  specifications  as
    54  appropriate.
    55    § 7. This act shall take effect immediately.