Bill Text: NY S01981 | 2023-2024 | General Assembly | Amended

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Bill Title: Establishes clean energy goals of reducing the annual total of vehicle miles traveled within the state by 20% by the year 2050; requires state and local highway projects to comply with reductions to vehicle miles traveled targets.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2024-05-14 - PRINT NUMBER 1981B [S01981 Detail]

Download: New_York-2023-S01981-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1981--B

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 18, 2023
                                       ___________

        Introduced by Sens. GOUNARDES, HOYLMAN-SIGAL, KRUEGER, SEPULVEDA -- read
          twice  and  ordered  printed,  and when printed to be committed to the
          Committee on Environmental Conservation -- recommitted to the  Commit-
          tee  on  Environmental  Conservation in accordance with Senate Rule 6,
          sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended  and  recommitted  to  said committee -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee

        AN  ACT  to  amend the highway law, in relation to reductions in vehicle
          miles traveled in highway projects in New York state

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

     1    Section  1.  Vehicle miles traveled assessment working group. 1. There
     2  is hereby established a vehicle miles traveled assessment working group.
     3  The vehicle miles traveled assessment working group shall meet regularly
     4  and shall study the options and best practices available and make recom-
     5  mendations for implementing vehicle  miles  traveled  assessments  in  a
     6  manner which aligns with the goal of reducing annual vehicle miles trav-
     7  eled  within  the  state by 20% by 2050 and developing a plan to assess,
     8  monitor, and approve a given project's impact  mitigation  actions.  The
     9  working group shall aid the commissioner of transportation in establish-
    10  ing procedures to assist counties and towns seeking to comply with their
    11  vehicle  miles traveled assessment requirements, as outlined in sections
    12  one hundred two and one hundred forty of the highway law.
    13    2. The working group shall include a representative from  the  depart-
    14  ment  of  transportation,  the office of the governor, the department of
    15  environmental conservation, the department of state, the  department  of
    16  agriculture  and  markets,  the  office  of general services, the empire
    17  state development corporation, the New York energy research and develop-
    18  ment authority, the port authority of  New  York  and  New  Jersey,  the
    19  metropolitan  transportation  authority, the New York City department of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06183-08-4
        S. 1981--B                          2

     1  transportation, the office of the mayor of New York City,  and  the  New
     2  York  metropolitan  transportation  council.  The  working  group  shall
     3  include representatives from relevant community organizations and  other
     4  necessary parties.
     5    3.  The working group shall report its findings and recommendations to
     6  the commissioner of transportation, the governor, the  temporary  presi-
     7  dent  of the senate and the speaker of the assembly no later than twelve
     8  months after the effective date of this section. Such  report  shall  be
     9  made publicly available on the department of transportation's website.
    10    §  2.  The highway law is amended by adding a new section 10-h to read
    11  as follows:
    12    §  10-h.  Reductions  to  vehicle  miles  traveled  in  state  highway
    13  projects.  1. Legislative finding and declaration. This legislature does
    14  hereby  find  and declare that the final scoping plan adopted by the New
    15  York state climate action council pursuant to chapter one hundred six of
    16  the laws of two thousand nineteen deems it essential that  the  legisla-
    17  ture  enact  legislation which shall significantly reduce annual vehicle
    18  miles traveled in New York State.  The  legislature  further  finds  and
    19  declares  that achieving a reduction in annual vehicle miles traveled by
    20  twenty percent by two thousand fifty in New York State is  necessary  to
    21  enable  achievement  of  the  climate  justice  and  emission  reduction
    22  mandates in chapter one hundred six of the laws of  two  thousand  nine-
    23  teen.    Furthermore, the legislature finds that highway capacity expan-
    24  sion projects, as defined by subdivision two of this section, result  in
    25  induced  demand, whereas  more  vehicles utilize a highway after a high-
    26  way capacity expansion project, and therefore, these  projects  do   not
    27  significantly  reduce pollution,  congestion, or vehicle miles traveled.
    28    2.  Definitions.  As  used  in this section, the following terms shall
    29  have the following meanings:
    30    (a) "Vehicle miles traveled" shall mean a  measurement  of  the  total
    31  miles of motor vehicle traffic in New York state over a one-year period.
    32    (b)  "Highway  capacity  expansion  project" shall mean a project that
    33  expands highway capacity, including but not limited to the  construction
    34  of  new highways, highway widening projects, and projects that establish
    35  grade separation at an intersection, excluding auxiliary  lanes  with  a
    36  length of less than two thousand five hundred feet.
    37    (c)  "Vehicle  miles traveled impact assessment" shall mean an assess-
    38  ment conducted to determine the net change of vehicle miles traveled  by
    39  a highway capacity expansion project.
    40    3.  Vehicle  miles  traveled  assessment. Prior to the approval of any
    41  construction, reconstruction, or  maintenance  of  state  highways  that
    42  would  be considered a highway capacity expansion project, as defined by
    43  paragraph (b) of subdivision two of this section,  the  commissioner  of
    44  transportation shall conduct a vehicle miles traveled impact assessment,
    45  as defined by paragraph (c) of subdivision two of this section, to eval-
    46  uate whether the project aligns with the goal of reducing annual vehicle
    47  miles traveled within the state by twenty percent by two thousand fifty.
    48  If  a highway capacity expansion project does not align with the goal of
    49  reducing annual vehicle  miles  traveled  within  the  state  by  twenty
    50  percent  by  two  thousand  fifty, the project shall be altered to align
    51  with these targets by changing its design or sufficiently offsetting its
    52  net change to vehicle miles traveled with impact mitigation efforts,  as
    53  outlined in subdivision four of this section.
    54    4. Impact mitigation. (a) Impact mitigation shall be deemed sufficient
    55  if the cumulative net change on vehicle miles traveled from impact miti-
    56  gation  actions  and  a highway capacity expansion project over the same
        S. 1981--B                          3

     1  period of time align with the goal  of  reducing  annual  vehicle  miles
     2  traveled within the state by twenty percent by two thousand fifty.
     3    (b)  Impact mitigation shall include projects, programs, and operation
     4  modifications in one or more of the following areas:
     5    (i) alternative means of transportation infrastructure, including  but
     6  not limited to public transit expansion, public transit service improve-
     7  ments,  pedestrian  and  cyclist transportation infrastructure expansion
     8  and  improvements,  and  micro-mobility  transportation   infrastructure
     9  expansion and improvements;
    10    (ii)  transportation  demand  management, including but not limited to
    11  vanpool and shared vehicle programs, remote work, and  broadband  access
    12  expansion;
    13    (iii)   parking  demand  management,  including  but  not  limited  to
    14  reductions in parking requirements and parking cost adjustments;
    15    (iv) changes to land use which reduce vehicle miles traveled,  includ-
    16  ing but not limited to residential density increases, mixed-use develop-
    17  ment, and public transit oriented development; and
    18    (v)  other measures which reduce vehicle miles traveled, as determined
    19  by the commissioner.
    20    (c) Whenever feasible, impact mitigation actions shall be conducted in
    21  at least one of the municipalities where a  highway  capacity  expansion
    22  project  shall  take  place.  The  commissioner  is hereby authorized to
    23  determine whether  these  impact  mitigation  actions  are  sufficiently
    24  localized  to reduce vehicle net miles traveled in the communities where
    25  a highway capacity expansion project will result in a  net  change  that
    26  increases vehicle miles traveled or insufficiently reduces vehicle miles
    27  traveled.
    28    5.  Technical  advisory  committee.  The  commissioner shall appoint a
    29  technical advisory committee made up of technical experts to advise  the
    30  commissioner  in  the  vehicle  miles  traveled  assessment process. The
    31  committee members shall be appointed based on demonstrated expertise  in
    32  travel  demand  modeling,  traffic forecasting or transportation-related
    33  greenhouse gas emissions assessment and analysis and other expertise  as
    34  determined  necessary  by the commissioner. The committee shall evaluate
    35  and recommend tools for  calculating  the  vehicle  miles  traveled  and
    36  induced  demand  of  a  highway capacity expansion project, evaluate and
    37  recommend additional impact  mitigation  actions  which  reduce  vehicle
    38  miles  traveled, and identify and recommend best practices for calculat-
    39  ing the net change of vehicle miles  traveled  for  a  highway  capacity
    40  expansion  project  inclusive of impact mitigation measures. The commis-
    41  sioner shall hereby be authorized  to  request  the  technical  advisory
    42  committee  assess  and  provide recommendations on other elements of the
    43  vehicle miles traveled assessment process, as they deem necessary.
    44    6. Reporting. The commissioner shall submit a report every twenty-four
    45  months to the governor and the legislature  which  includes  a  list  of
    46  state,  county, and town highway capacity expansion projects approved in
    47  New York. The report shall include the  results  of  the  vehicle  miles
    48  traveled  assessment for each highway capacity expansion project includ-
    49  ing any impact mitigation actions and their status.  Such  report  shall
    50  also be made publicly available on the department's website.
    51    §  3. Section 102 of the highway law is amended by adding a new subdi-
    52  vision 19 to read as follows:
    53    19. Conduct a vehicle miles traveled assessment, as defined by  subdi-
    54  vision  two  of  section ten-h of this chapter, prior to the approval of
    55  any construction, reconstruction, or maintenance of town  highways  that
    56  would  be considered a highway capacity expansion project, as defined in
        S. 1981--B                          4

     1  subdivision two of section ten-h of this chapter. If a highway  capacity
     2  expansion  project does not result in a reduction of vehicle miles trav-
     3  eled which aligns with the goal of reducing annual vehicle  miles  trav-
     4  eled  within  the  state  by  twenty  percent by two thousand fifty, the
     5  project shall be altered to align with these  targets  by  changing  its
     6  design  or sufficiently offsetting its net change to vehicle miles trav-
     7  eled with impact mitigation efforts, as outlined in subdivision four  of
     8  section ten-h of this chapter. The county superintendent may request any
     9  resources  and  technical  assistance necessary from the commissioner to
    10  complete the vehicle miles traveled assessment.
    11    § 4. Section 140 of the highway law is amended by adding a new  subdi-
    12  vision 20 to read as follows:
    13    20.  Conduct a vehicle miles traveled assessment, as defined by subdi-
    14  vision two of section ten-h of this chapter, prior to  the  approval  of
    15  any  construction,  reconstruction, or maintenance of town highways that
    16  would be considered a highway capacity expansion project, as defined  in
    17  subdivision  two of section ten-h of this chapter. If a highway capacity
    18  expansion project does not result in a reduction of vehicle miles  trav-
    19  eled  which  aligns with the goal of reducing annual vehicle miles trav-
    20  eled within the state by twenty  percent  by  two  thousand  fifty,  the
    21  project  shall  be  altered  to align with these targets by changing its
    22  design or sufficiently offsetting its net change to vehicle miles  trav-
    23  eled  with impact mitigation efforts, as outlined in subdivision four of
    24  section ten-h of this chapter. The town superintendent may  request  any
    25  resources  and  technical  assistance necessary from the commissioner of
    26  transportation to complete the vehicle miles traveled assessment.
    27    § 5. This act shall take effect immediately;  provided  that  sections
    28  two,  three,    and  four  of this act shall take effect on the first of
    29  January two years after it shall have become a law.