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31 APPENDIX C--STATUTES DISCUSSING CONTEXT SENSITIVE OR PRACTICAL DESIGN CONCEPTS Cal. Sts. & High. Code Section 121. California Notwithstanding any other provision of law, a state highway that has been designated by the federal government as an All-American Road on or before April 30, 2002, shall be maintained and operated by the department consistent with the recommendations for context-sensitive de- sign standards relative to aesthetics and safety that are contained in the corridor management plan submitted to the Federal Highway Administration. Connecticut Conn. Gen. Stat. Section 13a-86a. (a) In the event site conditions, environmental factors, engineering factors or considerations of community standards and custom would reasonably allow for a departure from the standards for geometric design with respect to bridges established by the American Association of State Highway and Transportation Officials or by the Department of Transportation, the department may approve exceptions to such standards without waivers. (b) In choosing between the reha- bilitation of an existing bridge and the construction of a new bridge, whether on the existing location or on a new location, the department and any affected municipality shall weigh the fol- lowing factors: (1) The functional classification of the highway; (2) the load capacity and geomet- ric constraints of the bridge within its existing footprint and the availability of alternative routes; (3) the comparative long-term costs, risks and benefits of rehabilitation and new con- struction; (4) the requirements of state standards for geometric design; (5) disruption to homes and businesses; (6) environmental impacts; (7) the potential effects on the local and state economies; (8) cost-effectiveness; (9) mobility; (10) safety, as determined by factors such as acci- dent history for motorists, pedestrians and bicyclists; and (11) the impact on the historic, scenic and aesthetic values of the municipality in which the bridge is or may be located. (c) The de- partment shall implement policies and programs to allow municipal governments to develop projects or construct projects, or both, in consultation with the department, in accordance with federal laws and regulations if federal funds are used. (d) The state or a municipality, any state or municipal agency or any employee thereof or any engineer retained in connection with a bridge project shall not be liable for any injury or damage to any person or property caused by the selection of design standards that enable an existing bridge, which was initially constructed not less than twenty-five years prior to October 1, 1997, to be repaired or rehabilitated in sub- stantially the same configuration that existed before such repair or rehabilitation, provided nothing in this subsection shall be construed to relieve the state, any municipality or any person from liability under section 13a-144 or 13a-149 arising out of structural or design defects in any such bridge or negligence in the maintenance, repair or rehabilitation of any such bridge. Delaware Del. Code Section 211, Planting standards. (a) All landscaping and planting activities undertaken as part of the Department of Transpor- tation's obligation to mitigate the removal, cutting or clearing of landscape improvements pur- suant to this part must be conducted pursuant to a landscape plan prepared by the Delaware licensed and registered landscape design professional or by the Delaware Department of Trans- portation, and must be conducted:

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32 (1) To promote transplant survival; (2) In compliance with federal law and regulation; (3) In compliance with any Department of Transportation design specifications relating to obstructions in the right-of-way, and the distance that landscape improvements must be planted from the travel lanes of the roadway for safety purposes and corresponding to any policies related to con- text sensitive design. Florida Fla. Stat. Section 336.045, Uniform minimum standards for design, construction, and maintenance; advisory committees. (1) The department shall develop and adopt uniform minimum standards and criteria for the design, construction, and maintenance of all public streets, roads, highways, bridges, sidewalks, curbs and curb ramps, crosswalks, where feasible, bicycle ways, underpasses, and overpasses used by the public for vehicular and pedestrian traffic. In developing such standards and crite- ria, the department shall consider design approaches which provide for the compatibility of such facilities with the surrounding natural or manmade environment; the safety and security of public spaces; and the appropriate aesthetics based upon scale, color, architectural style, mate- rials used to construct the facilities, and the landscape design and landscape materials around the facilities. The department shall annually provide funds in its tentative work program to im- plement the provisions of this subsection relating to aesthetic design standards. Hawaii Haw. Rev. Stat. Section 264-20, Flexibility in highway design; liability of State, counties, and public utilities. (a) If a highway, including any bridge, principal and minor arterial road, collector and local road, or street, requires new construction, reconstruction, preservation, resurfacing (except for maintenance surfacing), restoration, or rehabilitation, the department of transportation with regard to a state highway, or a county with regard to a county highway, may select or apply flexible highway design guidelines consistent with practices used by the Federal Highway Ad- ministration and the American Association of State Highway and Transportation Officials. Flexibility in highway design shall consider, among other factors: (1) Safety, durability, and economy of maintenance; (2) The constructed and natural environment of the area; (3) Community development plans and relevant county ordinances; (4) Sites listed on the State or National Register of Historic Places; (5) The environmental, scenic, aesthetic, historic, community, and preservation impacts of the activity; (6) Access for other modes of transportation, including but not limited to bicycle and pedes- trian transportation; (7) Access to and integration of sites deemed culturally and historically significant to the com- munities affected; (8) Acceptable engineering practices and standards; and (9) Safety studies and other pertinent research. (b) Any other law to the contrary notwithstanding, any decision by the State, the department of transportation, a county, or any officers, employees, or agents of the State, the department of transportation, or a county to select or apply flexibility in highway design pursuant to this sec- tion and consistent with the practices used by the Federal Highway Administration and the

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33 American Association of State Highway and Transportation Officials shall not give rise to a cause of action or claim against: (1) The State; (2) The department of transportation; (3) The counties; (4) Any public utility regulated under chapter 269 that places its facilities within the highway right-of-way; or (5) Any officer, employee, or agent of an entity listed in paragraphs (1) to (4). (c) The exception to liability provided in subsection (b) applies only to the decision to select or apply flexibility in highway design pursuant to this section and does not extend to design, con- struction, repair, correction, or maintenance inconsistent with subsection (a). Illinois Ill. Comp. Stat. Section 4-219, Context sensitivity. Context sensitivity. (a) It is the intent of the General Assembly to ensure that Department of Transportation pro- jects adequately meet the State's transportation needs, exist in harmony with their surround- ings, and add lasting value to the communities they serve. (b) To support this objective, the Department of Transportation shall embrace principles of context sensitive design and context sensitive solutions in its policies and procedures for the planning, design construction, and operation of its projects for new construction, reconstruction, or major expansion of existing transportation facilities. (c) A hallmark of context sensitive design and context sensitive solutions principles for the Department of Transportation shall be early and ongoing collaboration with affected citizens, elected officials, interest groups, and other stakeholders to ensure that the values and needs of the affected communities are identified and carefully considered in the development of transpor- tation projects. (d) Context sensitive design and context sensitive solutions principles shall promote the explo- ration of innovative solutions, commensurate with the scope of each project, that can effectively balance safety, mobility, community, and environmental objectives in a manner that will en- hance the relationship of the transportation facility with its setting. (e) The Department shall report to the Governor and the General Assembly no later than April 1, 2004 on its efforts to implement context sensitive design criteria. Kansas Kan. Stat. Ann. 68-2314b(b). The department of transportation shall develop criteria for the incorporation of practical improvements into design of the projects specified in this subsection. Maine Me. Rev. Stat. 23-73, Transportation Policy. 3. Transportation policy. It is the policy of the State that transportation planning decisions, capital investment decisions and project decisions must: A. Minimize the harmful effects of transportation on public health and on air and water qual- ity, land use and other natural resources; B. Require that the full range of reasonable transportation alternatives be evaluated for all significant highway construction or reconstruction projects and give preference to transporta- tion system management options, demand management strategies, improvements to the existing system, and other transportation modes before increasing highway capacity through road building activities;

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34 C. Ensure the repair and necessary improvement of roads and bridges throughout the State to provide a safe, efficient and adequate transportation network; D. Reduce the State's reliance on foreign oil and promote reliance on energy-efficient forms of transportation; E. Meet the diverse transportation needs of the people of the State, including rural and urban populations and the unique mobility needs of the elderly and disabled; F. Be consistent with the purposes, goals and policies of the Comprehensive Planning and Land Use Regulation Act; G. Incorporate a public participation process in which local governmental bodies and the pub- lic have timely notice and opportunity to identify and comment on concerns related to transpor- tation planning decisions, capital investment decisions and project decisions. The department and the Maine Turnpike Authority shall take the comments and concerns of local citizens into account and must be responsive to them. Michigan Mich. Comp. Laws 247.660p. Definitions; complete streets policy; duties of state transporta- tion commission; consultation by department or county road agency with municipality; agree- ments for maintenance of transportation facilities; complete streets advisory council; creation; membership; appointment; terms; vacancy; removal; meetings; election of officers; quorum; vot- ing; business conducted at public meeting; writings; compensation; duties of advisory council. (1) As used in this section: (a) "Complete streets" means roadways planned, designed, and constructed to provide appro- priate access to all legal users in a manner that promotes safe and efficient movement of people and goods whether by car, truck, transit, assistive device, foot, or bicycle. (b) "Complete streets policy" means a document that provides guidance for the planning, de- sign, and construction of roadways or an interconnected network of transportation facilities be- ing constructed or reconstructed and designated for a transportation purpose that promotes complete streets and meets all of the following requirements: (i) Is sensitive to the local context and recognizes that needs vary according to urban, subur- ban, and rural settings. (ii) Considers the functional class of the roadway and project costs and allows for appropriate exemptions. (iii) Considers the varying mobility needs of all legal users of the roadway, of all ages and abilities. (c) "Department" means the state transportation department. Minnesota Minn. Stat. Ann. Subd. 5. Variances from engineering standards. (a) When evaluating a request for a variance from the engineering standards for state-aid pro- jects under chapter 162 in which the variance request is related to complete streets, the com- missioner shall consider the latest edition of: (1) A Policy on Geometric Design of Highways and Streets, from the American Association of State Highway and Transportation Officials; and (2) for projects in urban areas, the Context Sensitive Solutions in Designing Major Urban Thoroughfares for Walkable Communities, from the Institute of Transportation Engineers.

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35 (b) If the commissioner denies a variance request related to complete streets, the commis- sioner shall provide written reasons for the denial to the political subdivision that submitted the request. New Jersey N.J. Stat. Ann. 27:1B-21.19, Context sensitive design. 6. Many State highways run through fully developed cities and suburban towns. In addition, many small villages in rural areas have State highways which pass through built-up residential areas or village centers. The traffic on many of these State highways, particularly large truck and speeding traffic, prevents these residential areas, town centers and future town centers from functioning as intended. The commissioner shall study this issue and develop a depart- mental program which authorizes context sensitive design and examines the functional classifi- cations of State highways running through developed cities and suburban towns. As used in this section, "context sensitive design" means a planning technique that embraces a collaborative, interdisciplinary process and recognizes the uniqueness of the community in planning transpor- tation projects. Oregon Or. Rev. Stat. Section 383.001, Findings. The Legislative Assembly finds that: (1) The development, improvement, expansion and maintenance of an efficient, safe and well- maintained system of roads, highways and other transportation facilities is essential to the eco- nomic well-being and high quality of life of the people of this state. (2) Public sources of revenues, including federal funding, to provide an efficient transportation system have not kept pace with the state's growing population and growing transportation needs, and all available alternative sources of funding should be utilized to supplement avail- able public sources of revenues. (3) Because public funding sources are not providing the state with sufficient funds to meet all of its transportation needs, private funding should be encouraged as an additional source of funding for transportation projects and facilities. (4) Various alternatives for utilizing the funds of private entities in the acquisition, design, construction, reconstruction, operation and maintenance of transportation facilities exist, in- cluding arrangements whereby private entities obtain exclusive agreements to design, build, own, lease or operate with private funds all or a portion of transportation projects and facilities in exchange for the right to receive certain revenues generated from the operation and utiliza- tion of such transportation projects and facilities. (5) Another important alternative for the funding of transportation facilities is the use of fed- eral funds pursuant to 23 U.S.C. 129(a), as amended by section 112 of the Intermodal Surface Transportation Efficiency Act of 1991, which established a program authorizing federal partici- pation in construction of publicly or privately owned toll highways, bridges and tunnels. (6) The federal legislation allows for a mix of federal funding and private funding of transpor- tation facilities, allowing the states to leverage available federal funds as a means for attracting private capital. (7) Legislation for the utilization of private funding of transportation facilities should be flexi- ble enough to permit the Department of Transportation to obtain the advantages of any avail- able alternative under which the acquisition, design, construction, reconstruction, operation, maintenance and repair of transportation facilities can be financed in whole or in part or in combination by any available sources of private or public funding.

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36 Vermont Vt. Stat. Tit. 19, Sec. 10c, Statement of policy; highways and bridges. (a) For projects that are on the National Highway System, if site conditions, environmental factors or engineering factors restrict the use of national standards for geometric design, the agency may pursue exceptions to those standards when appropriate to comply with local or re- gional plans as interpreted by the adopting entities, or with federal or state long-range plans as adopted, or with local conditions. (b) For projects that are not on the National Highway System, the agency shall develop and implement state standards for geometric design. Design speeds may be lower than legal speeds. Design speeds lower than legal speeds may be used without the requirement of a formal design exception, provided appropriate warnings are posted. (c) In choosing between the improvement of an existing highway and complete reconstruction, the agency shall weigh the following factors: (1) disruption to homes and businesses; (2) environmental impacts; (3) the benefits attainable by designing and constructing the improvement as a limited access facility; (4) the potential effects on the local and state economies; (5) cost-effectiveness; (6) mobility; (7) safety, as determined by factors such as accident history for motorists, pedestrians and bi- cyclists; (8) local or regional plans as interpreted by the adopting entity, and state agency plans; (9) the impact on the historic, scenic and aesthetic values of the municipality, as interpreted by the municipality, in which the highway is located; and (10) if it is a forest highway under federal jurisdiction. (d) It shall be the policy of the state in developing projects as defined in subsection (b) of this section for the resurfacing, restoration, rehabilitation and reconstruction of bridges and the ap- proaches to bridges to favor their preservation within their existing footprints, in order to en- sure compatibility with the Vermont setting and context and to reduce costs and environmental impacts. (e) The agency shall investigate and implement, where feasible, policies and programs to allow municipal governments to develop projects or construct projects, or both, under the agency's oversight in accordance with federal laws and regulations if federal funds are used. Washington Wash. Rev. Code 47.01.078, Transportation system policy goals--Duties. To support achievement of the policy goals described in RCW 47.04.280, the department shall: (1) Maintain an inventory of the condition of structures and corridors in most urgent need of retrofit or rehabilitation; (2) Develop long-term financing tools that reliably provide ongoing maintenance and preserva- tion of the transportation infrastructure; (3) Balance system safety and convenience through all phases of a project to accommodate all users of the transportation system to safely, reliably, and efficiently provide mobility to people and goods;

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37 (4) Develop strategies to gradually reduce the per capita vehicle miles traveled based on consid- eration of a range of reduction methods; (5) Consider efficiency tools, including high occupancy vehicle and high occupancy toll lanes, corridor-specific and systemwide pricing strategies, active traffic management, commute trip reduction, and other demand management tools; (6) Promote integrated multimodal planning; and (7) Consider engineers and architects to design environmentally sustainable, context-sensitive transportation systems.