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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: (Engrossed) 2024-05-13 - returned to senate [S04198 Detail]

Download: New_York-2023-S04198-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4198--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 6, 2023
                                       ___________

        Introduced by Sens. COMRIE, ASHBY, HOYLMAN-SIGAL, MAY, SEPULVEDA, TEDIS-
          CO -- read twice and ordered printed, and when printed to be committed
          to  the  Committee on Environmental Conservation -- 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 committee

        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 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 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.
                                                                   LBD02060-04-4

        S. 4198--A                          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,  department of motor vehicles, and non-governmental organ-
    27  izations deems necessary and appropriate to carry  out  the  intent  and
    28  purposes of this act.
    29    § 4. Two years after the effective date of this act, the department of
    30  transportation  in conjunction with the New York state thruway authority
    31  shall shall make public its identified list of priority wildlife  cross-
    32  ing opportunities. The priority opportunity list and accompanying infor-
    33  mation  listed below shall be updated every five years after publication
    34  of the initial list. The publicized list of the top ten  priority  wild-
    35  life crossing opportunities shall be accompanied by the following infor-
    36  mation:
    37    (a) Feasibility factors impacting construction for the top five of the
    38  top ten wildlife crossing opportunities, which should include any avail-
    39  able and helpful estimate costs, the availability and habitat quality of
    40  the  land  on  either  side  of  the  crossings, and any relevant public
    41  support for the crossings;
    42    (b) A description of any methodologies used  beyond  the  requirements
    43  listed  in  subdivisions  (a)  and  (b)  of section three of this act to
    44  create the top ten list; and
    45    (c) A list of available federal grant funds that the top five projects
    46  are eligible for.
    47    § 5. The department of transportation may consult with  any  state  or
    48  local  office,  agency, or department and request or receive information
    49  from any such entity that is relevant and material to the completion  of
    50  this study and report.
    51    §  6.  The  department  of  transportation is hereby directed to addi-
    52  tionally update  appropriate  design  guidance,  including  the  Highway
    53  Design Manual, by July 1, 2026, to incorporate design concepts for wild-
    54  life  passage  features and related standard plans and specifications as
    55  appropriate.
    56    § 7. This act shall take effect immediately.
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