Bill Text: NY S08434 | 2019-2020 | General Assembly | Introduced


Bill Title: Enacts the community gridlock prevention act, which requires all land use actions to include an intersection and response time of emergency services impact study in addition to any existing requirements for an environmental assessment statement or an environmental impact statement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-05-29 - REFERRED TO TRANSPORTATION [S08434 Detail]

Download: New_York-2019-S08434-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8434

                    IN SENATE

                                      May 29, 2020
                                       ___________

        Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation

        AN ACT to amend the transportation law,  in  relation  to  enacting  the
          community gridlock prevention act

          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 shall be known and may  be  cited  as
     2  the "community gridlock prevention act".
     3    § 2. The transportation law is amended by adding a new section 14-n to
     4  read as follows:
     5    §  14-n.  Community  gridlock  prevention. 1. As used in this section,
     6  unless context requires otherwise:
     7    (a) "State agency" means any state department, agency,  board,  public
     8  benefit corporation, public authority or commission.
     9    (b) "Local agency" means any local agency, board, district, commission
    10  or  governing  body,  including  any  city,  county, and other political
    11  subdivision of the state.
    12    (c) "Agency" means any state or local agency.
    13    (d) "Study area" means the area of a  proposed  land  use  action  and
    14  shall include a one mile radius around such area.
    15    (e)  "Rush  hour" includes, but is not limited to, the time periods of
    16  7:00am to 10:00am and 4:00pm to 7:00pm on weekdays and 3:00pm to  8:00pm
    17  on weekends.
    18    2.  Notwithstanding  any provision of law to the contrary, in addition
    19  to any requirement for an environmental assessment statement or an envi-
    20  ronmental impact statement pursuant to article  eight  of  the  environ-
    21  mental  conservation  law  and  regulations adopted by the department of
    22  environmental conservation, every proposal for a land use  action  shall
    23  include  a  study  of the impact of such action on intersections and the
    24  response times of emergency services within the study area.
    25    3. An intersection and response  time  of  emergency  services  impact
    26  study shall include, but not be limited to:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16373-01-0

        S. 8434                             2

     1    (a)  A  study  of the impact of the proposed land use action on inter-
     2  sections in the study area shall include, at a minimum, the  metrics  of
     3  level of service and additional seconds of delay.
     4    (i)  A  level  of service assessment of each intersection in the study
     5  area, including but not limited to, during rush  hour,  expressed  as  a
     6  letter grade where:
     7    (1) Grade A is free-flow traffic with individual users virtually unaf-
     8  fected by the presence of others in the traffic stream.
     9    (2)  Grade  B  is stable traffic flow with a high degree of freedom to
    10  select speed and operating conditions but with some influence from other
    11  users.
    12    (3) Grade C is restricted flow that remains stable  but  with  signif-
    13  icant  interactions with others in the traffic stream. The general level
    14  of comfort and convenience declines noticeably at this level.
    15    (4) Grade D is high-density flow in which speed and freedom to  maneu-
    16  ver  are  severely  restricted and comfort and convenience have declined
    17  even though flow remains stable.
    18    (5) Grade E is unstable flow at capacity levels with  poor  levels  of
    19  comfort and convenience.
    20    (6)  Grade  F  is  forced  traffic flow in which the amount of traffic
    21  exceeds the amount that can be served.
    22    (ii) An additional seconds of delay assessment of each intersection in
    23  the study  area,  including  but  not  limited  to,  during  rush  hour,
    24  expressed  as  the additional amount of time it takes a vehicle which is
    25  queued at an intersection to be able  to  proceed  through  such  inter-
    26  section.
    27    (b)  A study of the impact of the proposed land use action on response
    28  times for emergency services in the study area, including but not limit-
    29  ed to, during rush hour. Such emergency services shall include, but  not
    30  be  limited  to,  emergency  medical  services, law enforcement and fire
    31  departments.
    32    4. No agency shall approve a land use action  where  the  intersection
    33  and  emergency  response  time  impact  study  required  pursuant to the
    34  provisions of this section finds as a result of the  proposed  land  use
    35  action:
    36    (a)  twenty  percent  of the intersections in the study area are rated
    37  either level of service grades E or F;
    38    (b) ten percent of the intersections in the study area have  an  addi-
    39  tional delay of more than five minutes;
    40    (c) any intersection located within a quarter of a mile of a hospital,
    41  as  such  term  is  defined in article twenty-eight of the public health
    42  law, located within the study  area  has  an  additional  delay  of  two
    43  minutes or more;
    44    (d)  the  response  time  of  any emergency services in the study area
    45  doubles from the existing response time  where  such  existing  response
    46  time is three minutes or less; or
    47    (e)  the  response time of any emergency services in the study area is
    48  increased by three minutes or more.
    49    5. The commissioner shall promulgate any rules or  regulations  neces-
    50  sary to implement the provisions of this section.
    51    §  3.  This  act shall take effect on the ninetieth day after it shall
    52  have become a law.    Effective  immediately,  the  addition,  amendment
    53  and/or repeal of any rule or regulation necessary for the implementation
    54  of  this  act  on  its  effective  date  are  authorized  to be made and
    55  completed on or before such effective date.
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