S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5045
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    April 29, 2015
                                      ___________
       Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to the  instal-
         lation of traffic control devices upon request in cities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
    2  section 1682-a to read as follows:
    3    S  1682-A. THE INSTALLATION OF TRAFFIC CONTROL DEVICES UPON REQUEST IN
    4  CITIES. 1.  FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL
    5  HAVE THE FOLLOWING MEANINGS:
    6    (A)  "ELECTED  OFFICIAL" SHALL MEAN ANY MEMBER OF THE LEGISLATIVE BODY
    7  OF A CITY AS DEFINED IN SUBDIVISION SEVEN OF SECTION TWO OF THE  MUNICI-
    8  PAL HOME RULE LAW AS WELL AS ANY MEMBER OF THE STATE LEGISLATURE ELECTED
    9  TO  REPRESENT A DISTRICT THAT INCLUDES OR IS INCLUDED WITHIN THE BORDERS
   10  OF A CITY;
   11    (B) "COMMUNITY BOARD"  MEANS  A  COMMUNITY  BOARD  AS  ESTABLISHED  IN
   12  SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER;
   13    (C) "TRAFFIC CONTROL AGENCY" SHALL MEAN ANY EXECUTIVE AGENCY OF A CITY
   14  RESPONSIBLE  FOR  THE  MAINTENANCE AND UPKEEP OF PUBLIC HIGHWAYS AND THE
   15  INSTALLATION OF TRAFFIC CONTROL DEVICES.
   16    2. WHEN AN ELECTED OFFICIAL OR A COMMUNITY BOARD MAKES  A  REQUEST  IN
   17  WRITING  TO  A  TRAFFIC CONTROL AGENCY FOR THE INSTALLATION OF A TRAFFIC
   18  CONTROL DEVICE ON A SPECIFIC SECTION OF A PUBLIC HIGHWAY MANAGED BY THAT
   19  AGENCY, THE AGENCY SHALL:
   20    (A) CONDUCT AN ENGINEERING STUDY ON  THE  VIABILITY  OF  INSTALLING  A
   21  TRAFFIC  CONTROL  DEVICE AS REQUESTED. THE STUDY SHALL CONFORM WITH THIS
   22  SECTION;
   23    (B) IF THE STUDY SUPPORTS THE INSTALLATION OF THE REQUESTED DEVICE THE
   24  DEPARTMENT SHALL INSTALL THE TRAFFIC CONTROL DEVICE; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10409-01-5
       S. 5045                             2
    1    (C) IF THE STUDY DOES  NOT  SUPPORT  THE  INSTALLATION  OF  A  TRAFFIC
    2  CONTROL DEVICE AS REQUESTED, THE AGENCY SHALL:
    3    (I) PROVIDE A COPY OF THE ENGINEERING STUDY TO THE ELECTED OFFICIAL OR
    4  COMMUNITY BOARD THAT SUBMITTED THE REQUEST; AND
    5    (II) PROVIDE THE ELECTED OFFICIAL OR COMMUNITY BOARD A LEGIBLE SUMMARY
    6  OF  THE  ENGINEERING  STUDY AND ITS FINDING IN PLAIN ENGLISH, LAYING OUT
    7  THE REASONS WHY THE AGENCY BELIEVES THAT THE STUDY  SHOWS  THAT  SUCH  A
    8  TRAFFIC CONTROL DEVICE IS INAPPROPRIATE.
    9    3.  (A)  THE ELECTED OFFICIAL OR COMMUNITY BOARD MAY WITHIN SIX MONTHS
   10  RESUBMIT THEIR REQUEST IN WRITING FOR A TRAFFIC CONTROL  DEVICE  ON  THE
   11  SPECIFIC  SECTION  OF  HIGHWAY  BY  INCLUDING DOCUMENTATION REFUTING THE
   12  FINDINGS OF THE PREVIOUS ENGINEERING STUDY  OR  LAYING  OUT  CHANGES  IN
   13  CONDITIONS  WHICH WOULD MATERIALLY CHANGE THE OUTCOME OF A NEW ENGINEER-
   14  ING STUDY.
   15    (B) THE ELECTED OFFICIAL OR COMMUNITY BOARD MAY WITHIN EIGHTEEN MONTHS
   16  RESUBMIT IN WRITING THEIR REQUEST FOR A TRAFFIC CONTROL  DEVICE  ON  THE
   17  SPECIFIC SECTION OF HIGHWAY.
   18    S  2.  This  act shall take effect on the ninetieth day after it shall
   19  have become a law.