Chapter 355
2012 -- S 2131
Enacted 06/20/12
A N A C T
RELATING TO
HIGHWAYS
Introduced By: Senators DiPalma, Pichardo, and Tassoni
Date Introduced: January 18, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Title 24 of the General Laws entitled
"HIGHWAYS" is hereby amended by
adding thereto the following chapter:
CHAPTER
16
SAFE
ACCESS TO PUBLIC ROADS
24-16-1.
Legislative findings. It is hereby found and
declared as follows:
(1) To achieve a
cleaner, greener transportation system the transportation plans of Rhode
Island should consider the needs of all users of our
roadways including pedestrians, bicyclists,
public transportation riders, motorists and citizens of all
ages and abilities, including children, the
elderly and the disabled. By encouraging good planning, more
citizens will achieve the health
benefits associated with active forms of transportation while
traffic congestion and automobile
related air pollution will be reduced. Therefore, it shall be
the policy of the state to consider
people of all ages and abilities and all appropriate forms
of transportation when planning roadway
projects.
(2) For all state and
local transportation projects that are eligible for both federal and state
funding and are subject to department of transportation
oversight,
the consideration of safe travel by all users of the road
network, including motorists, pedestrians,
bicyclists, and public transportation users, regardless of age
or ability, through the use of
complete street design features for safe travel in the
planning, design, and construction of new or
reconstructed facilities, but not including, resurfacing, or other
maintenance level projects.
24-16-2.
modifies roads and highways, the relevant department must
consider complete street design
features that facilitate safe travel by all users that expands
upon currently accepted state and
federal design requirements to accommodate all users,
including current and projected users,
particularly pedestrians, bicyclists and individuals of all ages
and mobility capabilities. These
features of complete street design shall include, but not be
limited to, sidewalks, paved shoulders
suitable for use by bicyclists, lane striping, bicycle lanes,
share the road signage, road diets,
roundabouts, crosswalks, pedestrian control signalization, bus
pull outs, curb cuts, raised
crosswalks and ramps and traffic calming measures.
(b)
Exceptions to subsection (a) of this section shall be permissible only after
the agency
with jurisdiction over the project, fully demonstrates
with supporting documentation which shall
be available to the public, that one of the following
exists:
(1) Use by bicyclists
and pedestrians is prohibited by law, such as within interstate
highway corridors; or
(2) The cost would be
disproportionate to the need as determined by factors including,
but not limited to, the following: (i)
Land use context; (ii) Current and projected traffic volumes
including non-motorized traffic; and (iii) population density;
or
(3) Demonstrated lack
of need as determined by factors, including, but not limited to: (i)
Land use; (ii) Current and projected traffic volumes
including non-motorized traffic; and (iii)
population density.
24-16-3.
Reports. (a) No later than two (2) years
after the effective date of this chapter,
the department of transportation shall publish a report
showing how the department of
transportation has complied with this section of highway law and
changed their procedures to
institutionalize complete streets design features into planning,
project scoping, design and
implementation of highway and road projects. The report shall
include, but not be limited to, a
discussion of the review of and revisions to various guidance
documents regarding lane width,
design speed, average daily traffic thresholds, level of
service and roadway classification. The
report shall also show any best practices that the
transportation agency utilized in complying with
section 24-16-2 of the highway law.
(b) In establishing
such best practices, consideration shall be given to the procedures for
identifying the needs of the mix of users, including primary and
secondary users and the
identification of barriers, and summary of the documentation
required by subsection 24-16-2(b)
of the highway law regarding why the transportation
agency could not comply with subsection
(a).
24-16-4.
Department of transportation consultation. In
the project development
process the department of transportation shall consult with
transportation, land-use and
environmental officials, including representatives from:
(1) Cities and towns;
(2) Metropolitan
planning organizations;
(3) Public transit
operators;
(4) Relevant state
agencies; and
(5) Other relevant
stakeholders, including, but not limited to, representatives from
disability rights groups, aging groups, bicycle and pedestrian
advocates, and developers.
SECTION 2. This act shall take effect upon passage.
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LC00136
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