Bill Text: NY S04235 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the sustainability rating for various transportation projects.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO TRANSPORTATION [S04235 Detail]
Download: New_York-2017-S04235-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4235 2017-2018 Regular Sessions IN SENATE February 6, 2017 ___________ Introduced by Sen. DILAN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the transportation law and the highway law, in relation to GreenLITES certification The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 14 of the transportation law is amended by adding a 2 new subdivision 36 to read as follows: 3 36. To determine whether any project receiving state and/or federal 4 funding and subject to department oversight incorporates sustainability 5 principles sufficient to receive GreenLITES certification. The depart- 6 ment shall further advise any agency with jurisdiction over such 7 projects as to receiving GreenLITES certification. 8 (a) For purposes of this section, "GreenLITES" shall mean the Green 9 Leadership in Transportation Environmental Sustainability program oper- 10 ated by the department which provides an environmental sustainability 11 rating system for transportation projects. The minimum rating necessary 12 to achieve compliance with GreenLITES principles shall be designated as 13 certified. 14 (b) The GreenLITES program shall incorporate the following priorities 15 into its ratings metrics: environmental protection and enhancement; 16 energy and natural resource conservation; preservation or enhancement of 17 historic, scenic, and aesthetic project setting characteristics; encour- 18 agement of public involvement in the transportation planning process; 19 integration of smart growth and other sound land-use practices; encour- 20 agement of new and innovative approaches to sustainable design and 21 transportation facility operation and maintenance. 22 § 2. Section 331 of the highway law, as added by chapter 398 of the 23 laws of 2011, is amended to read as follows: 24 § 331. Consideration of complete street design. (a) For all state, 25 county and local transportation projects that are undertaken by the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09277-01-7S. 4235 2 1 department or receive both federal and state funding and are subject to 2 department of transportation oversight, the department or agency with 3 jurisdiction over such projects shall consider the convenient access and 4 mobility on the road network by all users of all ages, including motor- 5 ists, pedestrians, bicyclists, and public transportation users through 6 the use of complete street design features in the planning, design, 7 construction, reconstruction and rehabilitation[, but not including]. 8 The department or agency with jurisdiction over such projects shall also 9 consider programs, structural or nonstructural management practices, 10 operational procedure, or policies on or off the project site intended 11 to prevent, reduce, or control highway runoff pollution. A project must 12 be awarded no less than silver certified GreenLITES status during 13 departmental review to demonstrate sufficient consideration. Such 14 consideration is not required to include resurfacing, maintenance, or 15 pavement recycling of such projects. 16 (b) Complete street design features are roadway design features that 17 accommodate and facilitate convenient access and mobility by all users, 18 including current and projected users, particularly pedestrians, bicy- 19 clists and individuals of all ages and abilities. These features may 20 include, but need not be limited to: sidewalks, paved shoulders suitable 21 for use by bicyclists, lane striping, bicycle lanes, share the road 22 signage, crosswalks, road diets, pedestrian control signalization, bus 23 pull outs, curb cuts, raised crosswalks and ramps and traffic calming 24 measures; highway runoff pollution control projects; and recognize that 25 the needs of users of the road network vary according to a rural, urban 26 and suburban context. 27 (c) This section shall not apply if it has been determined and set 28 forth in publicly available documents that one of the following exists: 29 (i) use by bicyclists and pedestrians is prohibited by law, such as 30 within interstate highway corridors; or 31 (ii) the cost would be disproportionate to the need as determined by 32 factors including, but not limited to, the following: land use context; 33 current and projected traffic volumes; and population density; or 34 (iii) demonstrated lack of need as determined by factors, including, 35 but not limited to, land use, current and projected traffic volumes, 36 including population density, or demonstrates lack of community support; 37 or 38 (iv) use of the design features would have an adverse impact on, or be 39 contrary to, public safety. 40 (d) Nothing in this section shall be construed to require the depart- 41 ment or agency with jurisdiction over a project to expend monies in 42 accordance with subdivision (a) of this section that exceed the amount 43 of state and federal funding for complete street design features. 44 However, the department or agency with jurisdiction over the project 45 shall make public a written comparison of potential cost savings over a 46 thirty-year period related to highway runoff pollution control projects 47 and the increased expenditures to finance the project prior to refusing 48 to use complete street design features. 49 (e) (i) For purposes of this section, "highway runoff pollution" 50 means, in relation to a federal-aid or state-aid highway, associated 51 facility, or control measure retrofit project: (1) a discharge of sedi- 52 ment, metals, chemicals, nitrogen and phosphorous, or oil and grease in 53 runoff; or (2) a discharge of peak flow rate, water temperature, or 54 volume of runoff that exceeds predevelopment amounts. 55 (ii) For purposes of the section, "highway runoff pollution control 56 projects" means programs, structural or nonstructural management prac-S. 4235 3 1 tices, operational procedures, or policies on or off the project site 2 intended to prevent, reduce, or control highway runoff pollution. 3 § 3. This act shall take effect one year after it shall have become a 4 law; provided, however, that this act shall not apply to transportation 5 projects undertaken or approved prior to the date on which this act 6 shall have become a law.
