HOUSE BILL 342

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Rhonda S. King

AN ACT

RELATING TO TRANSPORTATION; MODIFYING THE LOCATION WHERE THE DEPARTMENT OF TRANSPORTATION MUST PROVIDE FOR PEDESTRIAN, BICYCLE AND EQUESTRIAN TRAFFIC DURING HIGHWAY CONSTRUCTION.

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

     SECTION 1. Section 67-3-62 NMSA 1978 (being Laws 1972, Chapter 78, Section 1, as amended) is amended to read:

     "67-3-62. PROVISIONS FOR PEDESTRIAN, BICYCLE AND EQUESTRIAN TRAFFIC REQUIRED.--

          A. No expenditure or contract for the expenditure of state public funds for purposes of constructing highways along new alignments or for purposes of substantially widening highways along the existing alignments shall be made or entered into by the [state highway] department unless the design and construction of [such] those highways makes provision for pedestrian, bicycle and equestrian traffic [along and across such highway] except when the [state highway] department, after notice and a public hearing, determines, pursuant to its published regulations as provided in Section 67-3-63 NMSA 1978, that:

                (1) [such] provisions for pedestrian, bicycle and equestrian traffic would be contrary to the public safety; or

                (2) the cost of [such] the provisions would be disproportionate to the need or probable [useage] use.

          B. Notice of public hearings shall be required only when:

                (1) project plans require acquisition of additional right of way for purposes of constructing the project along a new alignment;

                (2) the project plans require a substantial widening of the travel lanes for highway reconstruction along an existing alignment; or

                (3) the [highway] department is petitioned by authorized officials of affected pedestrian, bicycle or equestrian associations. If [such] a petition is filed, a public hearing shall be held. For purposes of Paragraphs (1) and (2) of this subsection, the requirement for notice and public hearing may be satisfied by publishing two notices of opportunity for a public hearing and holding a public hearing if written request for [such a] the hearing is received within the time specified in the published notice."

     SECTION 2. Section 67-3-63 NMSA 1978 (being Laws 1973, Chapter 21, Section 2, as amended) is amended to read:

     "67-3-63. CONSTRUCTION AND MAINTENANCE OF FOOTPATHS, BICYCLE LANES AND BRIDLE PATHS--EXPENDITURE OF FUNDS AUTHORIZED.--

          A. The state transportation commission is authorized to expend as necessary matching state road funds and federal aid highway funds administered by the department for the construction and maintenance of footpaths, bridle paths or bicycle lanes [along and across state, county and municipal roads, streets or highways].

          B. In administering Sections 67-3-62 and 67-3-63 NMSA 1978, the state transportation commission shall promulgate [regulations] rules setting forth guidelines by which the state transportation commission shall determine whether the establishment of any proposed bicycle lanes, footpaths or bridle paths is contrary to public safety or the cost thereof is disproportionate to the need or probable [usage] use within the meaning of Section 67-3-62 NMSA 1978. The commission shall recommend construction standards for footpaths, bicycle lanes and bridle paths and shall provide a uniform system of signs that shall apply to all [such] paths or lanes under the jurisdiction of the commission and all counties and municipalities. The commission may restrict the use of footpaths, bicycle lanes or bridle paths under its jurisdiction to pedestrian, equestrian or nonmotorized vehicle use.

          C. As used in this section, "bicycle lane" means a publicly owned and maintained paved path, way or trail designated and signed as a bicycle route, and "bridle path" includes equestrian trails or ways.

          D. In the event that any of the provisions of this section or of Section 67-3-62 NMSA 1978 conflict with provisions of federal law or regulations relating to highway construction funds and [such] that conflict jeopardizes the receipt of funds by the state, then the conflicting provisions of the specified sections of state law shall be suspended and not effective."

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