Bill Text: NY A03320 | 2023-2024 | General Assembly | Introduced


Bill Title: Establishes a wildlife corridor action plan to identify and protect species that are at risk from habitat fragmentation or barriers to movement and reduce collisions between wildlife and vehicles; authorizes the designation and protection of wildlife corridors.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to environmental conservation [A03320 Detail]

Download: New_York-2023-A03320-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3320

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 2, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Environmental Conservation

        AN ACT to amend the environmental conservation law and  the  transporta-
          tion law, in relation to establishing a wildlife corridor action plan

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

     1    Section 1. The environmental conservation law is amended by  adding  a
     2  new section 11-0331 to read as follows:
     3  § 11-0331. Wildlife corridor action plan.
     4    1.  The department, in cooperation with the state department of trans-
     5  portation, shall, not later than  December  thirty-first,  two  thousand
     6  twenty-five,  develop and establish a plan, to be known as the "wildlife
     7  corridor action plan", to preserve long-term  habitat  connectivity  for
     8  wildlife in accordance with the provisions of this section.
     9    (a) In developing such plan, the department shall collect, analyze and
    10  develop  the  best available science and data regarding the connectivity
    11  of wildlife habitat areas. Such plan shall provide for  the  designation
    12  and protection of wildlife corridors in the state.
    13    (b) For the purposes of this section:
    14    (i)  "habitat  connectivity"  shall mean the degree to which the land-
    15  scape, including roads or other  improvements  thereon,  facilitates  or
    16  impedes the movement of wildlife and other natural ecological processes.
    17    (ii) "wildlife" shall have the same meaning as such term is defined in
    18  section 11-0103 of this article.
    19    2. The wildlife corridor action plan shall, at minimum, include:
    20    (a) Identification of species of concern that are at risk from habitat
    21  fragmentation or barriers to species movement.
    22    (b)  Identification of the known migration and dispersal corridors for
    23  species identified pursuant to paragraph (a) of this subdivision.
    24    (c) A description of the potential effects of climate  change  on  the
    25  movement of species identified under paragraph (a) of this subdivision.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02742-01-3

        A. 3320                             2

     1    (d) Identification of known and potential human-caused barriers in the
     2  state that negatively affect wildlife habitat connectivity.
     3    (e)  A contemporary map showing existing and potential wildlife corri-
     4  dors and core high quality habitat areas.
     5    (f) A list of areas for which designation of wildlife corridors,  land
     6  acquisition  or  other  agency  actions  are of high priority to protect
     7  wildlife movement or habitat connectivity. The bases for  identification
     8  of the high priority areas shall include but not be limited to the pres-
     9  ence  of a species designated by the federal government as an endangered
    10  species or threatened species or  otherwise  subject  to  protection  or
    11  additional  protection  of the department pursuant to section 11-0311 of
    12  this title.
    13    3. (a) The department shall, not later than September  fifteenth,  two
    14  thousand-twenty-five,  publish  a draft of the plan required pursuant to
    15  this section, and shall, on or before such date:
    16    (i) post the draft plan on the department website and shall provide  a
    17  meaningful opportunity for public comment; and
    18    (ii) submit a copy of such draft plan to the senate and assembly envi-
    19  ronmental conservation committees.
    20    (b)  The  department  shall  review  any  comments  or recommendations
    21  received pursuant to subparagraphs (i) and (ii) of paragraph (a) of this
    22  subdivision and shall  adopt  such  draft  together  with  any  proposed
    23  revisions  thereto  not  later  than December thirty-first, two thousand
    24  twenty-five. The department shall thereafter  implement  such  plan  and
    25  shall  review and make revisions thereto as provided in subdivision four
    26  of this section.
    27    4. (a) Beginning on September fifteenth, two thousand thirty and every
    28  five years thereafter, the department shall, prepare  a  report  on  the
    29  implementation of the plan together with any proposed revisions thereto,
    30  including  but  not  limited  to  information  concerning changes in the
    31  number of high priority wildlife corridors established or planned.
    32    (b) The department shall post such report, together with  the  revised
    33  plan on its website and shall submit such report and revised plan to the
    34  senate  and assembly environmental conservation committees in the manner
    35  required for the draft plan provided for in paragraph (a) of subdivision
    36  three of this section. The department shall thereafter adopt and publish
    37  such revised plan no later  than  December  thirty-first,  two  thousand
    38  thirty and every five years thereafter.
    39    5.  All  agencies  and  authorities  of the state, municipalities, and
    40  political subdivisions of the state are  hereby  directed  to  cooperate
    41  with  the  department  to facilitate the development and adoption of the
    42  wildlife corridor action plan,  and  each  revision  thereto,  upon  the
    43  request  of  the department and to the extent practicable and not other-
    44  wise inconsistent with law.
    45    6. The department shall cooperate with the department  of  transporta-
    46  tion  in the development of the traffic safety program required pursuant
    47  to section fourteen-aa of the transportation law, and  shall,  prior  to
    48  the adoption of such program, coordinate efforts to reduce wildlife-veh-
    49  icle  collisions based on data gathered pursuant to subdivisions one and
    50  two of this section, and shall make such recommendations to the  depart-
    51  ment  of  transportation regarding the development and implementation of
    52  such program as it deems necessary to accomplish the purposes thereof.
    53    § 2. The transportation law is amended by adding a new  section  14-aa
    54  to read as follows:
    55    § 14-aa. Wildlife corridor action plan; traffic safety. 1. The depart-
    56  ment  shall  cooperate with the department of environmental conservation

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     1  in the development and implementation of the  wildlife  corridor  action
     2  plan  and  each  subsequent  revision  thereto  in  accordance  with the
     3  provisions of section 11-0331 of the environmental conservation law  and
     4  this section.
     5    2.  (a) Not later than December thirty-first, two thousand twenty-six,
     6  the department, in cooperation  with  the  department  of  environmental
     7  conservation,  establish a program to reduce collisions between wildlife
     8  and vehicles in areas where wildlife corridors identified in  the  wild-
     9  life  corridor  action plan by the department of environmental conserva-
    10  tion intersect with proposed or  existing  public  roads.  Such  program
    11  shall  include, but shall not be limited to, plans for creating or modi-
    12  fying road infrastructure in  a  manner  that  reduces  wildlife-vehicle
    13  collisions  and  promotes public safety. Such plans may include but need
    14  not be limited to the use of wildlife crossing  structures  and  roadway
    15  fencing,  including  any recommendations made by the department of envi-
    16  ronmental conservation pursuant to subdivision six of section 11-0331 of
    17  the environmental conservation law.
    18    (b) All agencies and authorities of  the  state,  municipalities,  and
    19  political  subdivisions  of  the  state are hereby directed to cooperate
    20  with the department to facilitate the development and  adoption  of  the
    21  plan  required  pursuant  to  this  section, and any subsequent revision
    22  thereto, upon the request of the department and to the extent  practica-
    23  ble and not otherwise inconsistent with law.
    24    3.  Beginning September fifteenth, two thousand twenty-seven and bien-
    25  nially thereafter, the department shall issue  a  report  regarding  the
    26  status  of  the  program established pursuant to subdivision two of this
    27  section to the senate and assembly  environmental  conservation  commit-
    28  tees.    Such report shall include, but need not be limited to, informa-
    29  tion concerning the number and types of wildlife corridor infrastructure
    30  projects established or planned and the realized or expected  effect  of
    31  established  or planned wildlife corridor infrastructure projects on the
    32  number of wildlife-vehicle collisions.
    33    § 3. This act shall take effect immediately.
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