STATE OF NEW YORK ________________________________________________________________________ 1077 2025-2026 Regular Sessions IN ASSEMBLY January 8, 2025 ___________ Introduced by M. of A. RIVERA, BURKE, R. CARROLL, CRUZ, DE LOS SANTOS, DINOWITZ, EPSTEIN, GONZALEZ-ROJAS, McMAHON, OTIS, RAJKUMAR, FORREST, SIMON, BURDICK, CUNNINGHAM, MAMDANI, HEVESI, KELLES, SHIMSKY, SIMONE, CLARK, SHRESTHA, LUNSFORD, COLTON, ROSENTHAL, RAGA, SEPTIMO, JACOBSON, STECK, STERN, ANDERSON, KIM, GLICK, SANTABARBARA, BARRETT, SEAWRIGHT, RA, ZINERMAN, WEPRIN, HUNTER, REYES, CONRAD, WOERNER, TAYLOR, SAYEGH, EACHUS, LAVINE, PAULIN, BENEDETTO, ROZIC, NOVAKHOV, K. BROWN, SLATER, TAPIA, JONES, STIRPE, BORES, MEEKS, LUPARDO, ZACCARO, LEE, BRONSON, DAVILA, JACKSON, LEVENBERG, WILLIAMS, BENDETT, ALVAREZ, GIBBS, DeSTE- FANO, GALLAGHER, BLUMENCRANZ, PHEFFER AMATO, WALKER, DURSO, BICHOTTE HERMELYN, DILAN -- read once and referred to the Committee on Transportation 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: 1 Section 1. Subdivision (a) of section 331 of the highway law, as added 2 by chapter 398 of the laws of 2011, is amended to read as follows: 3 (a) For all state, county and local transportation projects that are 4 undertaken by the department or receive both federal and state funding 5 and are subject to department of transportation oversight, the depart- 6 ment or agency with jurisdiction over such projects shall consider the 7 convenient access and mobility on the road network by all users of all 8 ages, including motorists, pedestrians, bicyclists, and public transpor- 9 tation users through the use of complete street design features (i) in 10 the planning, design, construction, reconstruction and rehabilitation[, 11 but not including resurfacing, maintenance, or pavement recycling] of 12 such projects; and (ii) in the resurfacing, maintenance and pavement 13 recycling of such projects if the service life of such resurfacing, 14 maintenance or pavement recycling project is at least ten years. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00665-01-5
A. 1077 2 1 § 2. Paragraph (iii) of subdivision (c) of section 331 of the highway 2 law, as added by chapter 398 of the laws of 2011, is amended to read as 3 follows: 4 (iii) demonstrated lack of need as determined by factors, including, 5 but not limited to, land use, current and projected traffic volumes, 6 including population density, or [demonstrates] demonstrated lack of 7 community support; or 8 § 3. This act shall take effect on the one hundred eightieth day after 9 it shall have become a law, provided that it shall not apply to trans- 10 portation projects undertaken or approved prior to the date on which 11 this act shall have become a law. Effective immediately, the addition, 12 amendment and/or repeal of any rule or regulation necessary for the 13 implementation of this act on its effective date are authorized to be 14 made and completed on or before such effective date.