HOUSE BILL 408

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Dayan Hochman-Vigil and Elizabeth "Liz" Stefanics

AN ACT

RELATING TO ROADWAYS; REQUIRING A PROTECTED BICYCLE LANE BE INCORPORATED WHEN MAKING A ROADWAY IMPROVEMENT WITHIN THE LIMITS OF A MUNICIPALITY WITH A POPULATION OF AT LEAST TEN THOUSAND; PROVIDING EXCEPTIONS; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] PROTECTED BICYCLE LANES--ROADWAY IMPROVEMENTS.--

          A. As used in this section:

                (1) "permanent non-physical barriers" includes buffer space, parking spaces and street markings;

                (2) "permanent physical barriers" includes concrete, granite, raised curbs, bollards, flexible delineator posts, trees or vegetation;

                (3) "protected bicycle lane" means a bicycle lane adjacent to a roadway and separated from motor vehicle traffic by a barrier that remains in place year-round and includes permanent physical barriers, permanent non-physical barriers and temporary physical barriers;

                (4) "roadway" means that portion of a street or highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. When a highway includes two or more separate roadways, "roadway" refers to each roadway separately but not to all of the roadways collectively;

                (5) "roadway improvement" means the construction of a new road or intersection and the reconstruction, rebuilding, expanding or alteration of an existing road or intersection, excluding routine maintenance, repairs, preservation and restriping;

                (6) "secretary" means the secretary of transportation; and

                (7) "temporary physical barriers" includes traffic cones, traffic barrels and non-permanent posts.

          B. When a roadway improvement is made within the limits of a municipality with a population of at least ten thousand according to the most recent federal decennial census, a protected bicycle lane with permanent physical barriers shall be incorporated into the roadway, unless:

                (1) the department of transportation district engineer of the district in which the improvement is being made approves the use of permanent non-physical or temporary physical barriers; or

                (2) the secretary or the secretary's designee approves a municipality's or county's written analysis demonstrating that it is impractical to incorporate a protected bicycle lane due to:

                     (a) the existence of a bicycle lane, pedestrian facility or alternative on or near the roadway that is sufficient to provide a protected lane for bicyclists, including a shared-use path or multi-use trail;

                     (b) the unique characteristics, physical features or usage of a roadway or neighborhood;

                     (c) prohibitive financial constraints, including that the incorporation of a protected bicycle lane would require condemnation or moving a utility line; or

                     (d) environmental or cultural resources.

          C. A protected bicycle lane built pursuant to this section need not provide separation between the bicycle lane and motor vehicle traffic when accommodating intersections, crosswalks, accessible parking and accessible loading.

          D. For work done to a roadway that is not a roadway improvement, such as routine maintenance, repairs, preservation or restriping, any existing bicycle lanes shall remain unaffected. If it is impracticable or unfeasible to perform the roadway work without affecting a bicycle lane, the bicycle lane shall be restored or improved immediately after the work is complete.

          E. The secretary shall promulgate rules and procedures to implement the provisions of Subsection B of this section.

     SECTION 2. APPROPRIATION.--Five million dollars ($5,000,000) is appropriated from the general fund to the local government division of the department of finance and administration for expenditure in fiscal year 2024 and subsequent fiscal years for the construction of protected bicycle lanes in municipalities. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

     SECTION 3. APPLICABILITY.--The provisions of this act apply to roadway improvements that begin on or after January 1, 2024.

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