2012 -- S 2131

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LC00136

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO HIGHWAYS

     Introduced By: Senators DiPalma, Pichardo, and Tassoni

     Date Introduced: January 18, 2012

     Referred To: Senate Housing & Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 24 of the General Laws entitled "HIGHWAYS" is hereby amended by

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adding thereto the following chapter:

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     CHAPTER 16

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SAFE ACCESS TO PUBLIC ROADS

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     24-16-1. Legislative findings. – It is hereby found and declared as follows:

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     (1) To achieve a cleaner, greener transportation system the transportation plans of Rhode

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Island should consider the needs of all users of our roadways including pedestrians, bicyclists,

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public transportation riders, motorists and citizens of all ages and abilities, including children, the

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elderly and the disabled. By encouraging good planning, more citizens will achieve the health

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benefits associated with active forms of transportation while traffic congestion and automobile

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related air pollution will be reduced. Therefore, it shall be the policy of the state to consider

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people of all ages and abilities and all appropriate forms of transportation when planning roadway

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projects.

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     (2) For all state and local transportation projects that are eligible for both federal and state

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funding and are subject to department of transportation oversight, Rhode Island must provide for

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the consideration of safe travel by all users of the road network, including motorists, pedestrians,

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bicyclists, and public transportation users, regardless of age or ability, through the use of

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complete street design features for safe travel in the planning, design, and construction of new or

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reconstructed facilities, but not including, resurfacing, or other maintenance – level projects.

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     24-16-2. Complete street design. – (a) When the state of Rhode Island constructs or

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modifies roads and highways, the relevant department must consider complete street design

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features that facilitate safe travel by all users that expands upon currently accepted state and

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federal design requirements to accommodate all users, including current and projected users,

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particularly pedestrians, bicyclists and individuals of all ages and mobility capabilities. These

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features of complete street design shall include, but not be limited to, sidewalks, paved shoulders

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suitable for use by bicyclists, lane striping, bicycle lanes, share the road signage, “road diets,”

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roundabouts, crosswalks, pedestrian control signalization, bus pull outs, curb cuts, raised

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crosswalks and ramps and traffic calming measures.

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     (b) Exceptions to subsection (a) of this section shall be permissible only after the agency

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with jurisdiction over the project, fully demonstrates with supporting documentation which shall

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be available to the public, that one of the following exists:

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     (1) Use by bicyclists and pedestrians is prohibited by law, such as within interstate

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highway corridors; or

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     (2) The cost would be disproportionate to the need as determined by factors including,

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but not limited to, the following: (i) Land use context; (ii) Current and projected traffic volumes

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including non-motorized traffic; and (iii) population density; or

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     (3) Demonstrated lack of need as determined by factors, including, but not limited to: (i)

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Land use; (ii) Current and projected traffic volumes including non-motorized traffic; and (iii)

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population density.

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     24-16-3. Reports. – (a) No later than two (2) years after the effective date of this chapter,

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the department of transportation shall publish a report showing how the department of

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transportation has complied with this section of highway law and changed their procedures to

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institutionalize complete streets design features into planning, project scoping, design and

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implementation of highway and road projects. The report shall include, but not be limited to, a

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discussion of the review of and revisions to various guidance documents regarding lane width,

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design speed, average daily traffic thresholds, level of service and roadway classification. The

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report shall also show any best practices that the transportation agency utilized in complying with

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section 24-16-2 of the highway law.

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     (b) In establishing such best practices, consideration shall be given to the procedures for

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identifying the needs of the mix of users, including primary and secondary users and the

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identification of barriers, and summary of the documentation required by subsection 24-16-2(b)

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of the highway law regarding why the transportation agency could not comply with subsection

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(a).

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     24-16-4. Department of transportation consultation. – In the project development

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process the department of transportation shall consult with transportation, land-use and

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environmental officials, including representatives from:

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     (1) Cities and towns;

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     (2) Metropolitan planning organizations;

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     (3) Public transit operators;

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     (4) Relevant state agencies; and

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     (5) Other relevant stakeholders, including, but not limited to, representatives from

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disability rights groups, aging groups, bicycle and pedestrian advocates, and developers.

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     SECTION 2. This act shall take effect upon passage.

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LC00136

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HIGHWAYS

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     This act would require the department of transportation to use complete street design

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principles to accommodate the mobility needs of all users and would require the department of

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transportation to publish a report showing how the agency has complied with the requirements.

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     This act would take effect upon passage.

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LC00136

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