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

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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: (Vetoed) 2024-11-22 - VETOED MEMO.56 [S04198 Detail]

Download: New_York-2023-S04198-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4198

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 6, 2023
                                       ___________

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation

        AN ACT to enact  the "New York wildlife crossing  act";  to  direct  the
          department  of  transportation  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 maybe known and cited as the "New
     2  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  is  hereby  authorized and
    10  directed to assess all highways, thruways, and parkways in the state for
    11  potential wildlife crossings to improve wildlife  habitat  connectivity,
    12  reduce  wildlife  vehicle collisions, and increase public safety for New
    13  York motorists. The department of transportation shall use the  findings
    14  of  their  assessment  to finalize a top ten wildlife crossings priority
    15  list no later than two years after the effective date of this  act.  The
    16  priority list of crossing sites shall be determined by the following:
    17    (a) (i) Identification of road segments that pose a risk to successful
    18  wildlife  movement  and habitat connectivity, or that pose a risk to the
    19  traveling public due to wildlife-vehicle collisions;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02060-03-3
        S. 4198                             2

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