S T A T E O F N E W Y O R K
________________________________________________________________________
2618--A
2017-2018 Regular Sessions
I N S E N A T E
January 13, 2017
___________
Introduced by Sens. LANZA, ADDABBO, AVELLA, BAILEY, BONACIC, BROOKS,
CARLUCCI, CROCI, DeFRANCISCO, DILAN, FUNKE, GALLIVAN, HAMILTON,
HANNON, HOYLMAN, KENNEDY, KRUEGER, MARCHIONE, MURPHY, O'MARA, ORTT,
RANZENHOFER, SAVINO, VALESKY -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- recommit-
ted to the Committee on Finance in accordance with Senate Rule 6, sec.
8 -- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the state finance law, in relation to a state transpor-
tation plan
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state finance law is amended by adding a new section
22-d to read as follows:
§ 22-D. STATE TRANSPORTATION PLAN. 1. THE COMMISSIONER OF TRANSPORTA-
TION SHALL DEVELOP AND PRESENT TO THE GOVERNOR AND LEGISLATURE BY OCTO-
BER FIRST, TWO THOUSAND EIGHTEEN:
(A) A COMPREHENSIVE, TWENTY-YEAR INTERMODAL, LONG-RANGE TRANSPORTATION
PLAN FOR THE STATE THAT SHALL AT A MINIMUM CONSIDER LONG-RANGE NEEDS
SPANNING NO LESS THAN A TWENTY-YEAR TIME RANGE EACH TIME IT IS DEVEL-
OPED. THE PLAN MAY BE DEVELOPED IN MULTIPLE DOCUMENTS, RELEASED SIMUL-
TANEOUSLY, THAT ASSESS STATEWIDE AND REGIONAL SYSTEM NEEDS, AND MAY BE
ANALYZED BASED ON GEOGRAPHIC AREA, MODE OF TRANSPORTATION, TRANSPORTA-
TION CORRIDORS, SYSTEMS, AND OTHER DISTINCT SUBJECTS RELEVANT TO TRANS-
PORTATION PLANNING. SUCH PLAN SHALL INCLUDE WITHOUT LIMITATION CONSIDER-
ATION OF A BALANCED, AFFORDABLE, COORDINATED NETWORK OF STATE AND LOCAL
HIGHWAYS, RAPID TRANSIT, FREIGHT AND PASSENGER RAILROAD, OMNIBUS,
MARINE, AVIATION, PEDESTRIAN/BICYCLING AND OTHER MASS TRANSPORTATION
FACILITIES AND SERVICES, WHETHER PUBLICLY OR PRIVATELY OWNED OR MAIN-
TAINED. SUCH PLAN SHALL ALSO ASSESS ITS COMPLIANCE WITH THE MOST RECENT-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01244-04-8
S. 2618--A 2
LY RELEASED LONG-TERM REGIONAL TRANSPORTATION PLANS FOR EACH METROPOL-
ITAN PLANNING ORGANIZATION IN THE STATE.
(B) A FIVE-YEAR CAPITAL PLAN IN STATE AND LOCAL HIGHWAYS AND BRIDGES,
INTERCITY PASSENGER AND FREIGHT RAIL, SUBURBAN AND UPSTATE TRANSIT,
PORTS AND AIRPORTS. IN ADDITION, THE SUBMITTAL SHALL RECOMMEND OBJEC-
TIVES AND PERFORMANCE MEASURES TO DETERMINE THE STATE'S INVESTMENT IN
TRANSPORTATION. SUCH FIVE-YEAR CAPITAL PLAN SHALL INCLUDE THE PROJECTS
THAT ARE INTENDED TO BE COMPLETED WITHIN THE FIRST FIVE YEARS OF THE
LONG-RANGE TRANSPORTATION PLAN REQUIRED BY PARAGRAPH (A) OF THIS SUBDI-
VISION AND EXPLAIN HOW THESE PROJECTS COMPORT WITH THE GOALS OF THE
LONG-RANGE TRANSPORTATION PLAN REQUIRED BY PARAGRAPH (A) OF THIS SUBDI-
VISION.
2. BY OCTOBER FIRST, TWO THOUSAND TWENTY-ONE AND EVERY FIFTH YEAR
THEREAFTER, THE COMMISSIONER OF TRANSPORTATION SHALL:
(A) FULLY REVISE AND SUBMIT TO THE GOVERNOR AND LEGISLATURE THE LONG-
RANGE TRANSPORTATION PLAN IN CONFORMANCE WITH PARAGRAPH (A) OF SUBDIVI-
SION ONE OF THIS SECTION; AND
(B) DEVELOP AND SUBMIT TO THE GOVERNOR AND LEGISLATURE A FIVE-YEAR
CAPITAL PLAN IN CONFORMANCE WITH PARAGRAPH (B) OF SUBDIVISION ONE OF
THIS SECTION; PROVIDED THAT THE FIRST SUCH FIVE-YEAR PLAN SHALL SPAN
FISCAL YEARS TWO THOUSAND TWENTY-TWO THROUGH TWO THOUSAND TWENTY-SEVEN,
AND THE INITIAL AND ALL SUBSEQUENT TWENTY-YEAR AND FIVE-YEAR PLANS SHALL
BE ALIGNED WITH THE CAPITAL PLANNING SCHEDULE OF THE METROPOLITAN TRANS-
PORTATION AUTHORITY.
3. IN DEVELOPING AND REVISING THE STATE LONG-RANGE TRANSPORTATION PLAN
AND FIVE-YEAR CAPITAL PLAN, THE COMMISSIONER OF TRANSPORTATION SHALL
CONFORM TO THE REQUIREMENTS FOR ELIGIBILITY AND USE OF FEDERAL AND OTHER
FUND SOURCES, AS APPLICABLE, SHALL SEEK PUBLIC REVIEW AND EVALUATION BY
ANY REASONABLE MEANS AND SHALL:
(A) CONSULT AND COOPERATE WITH OFFICIALS AND REPRESENTATIVES OF THE
FEDERAL GOVERNMENT, OTHER GOVERNMENTS, INTERSTATE COMMISSIONS AND
AUTHORITIES, STATE AND LOCAL AGENCIES AND AUTHORITIES, INTERESTED CORPO-
RATIONS AND OTHER ORGANIZATIONS CONCERNING PROBLEMS AND NEEDS AFFECTING
TRANSPORTATION IN THE STATE;
(B) REQUEST FROM AN AGENCY OR OTHER UNIT OF THE STATE GOVERNMENT OR OF
A POLITICAL SUBDIVISION OF THE STATE, OR FROM A PUBLIC AUTHORITY, SUCH
ASSISTANCE AND DATA NECESSARY TO ENABLE THE COMMISSIONER OF TRANSPORTA-
TION TO CARRY OUT RESPONSIBILITIES UNDER THIS SECTION; EVERY SUCH ENTITY
SHALL PROVIDE THE ASSISTANCE AND DATA REQUESTED, PROVIDED, HOWEVER, THAT
SUCH ASSISTANCE SHALL NOT WAIVE OR IMPAIR THE TERMS OF AN EXISTING
AGREEMENT NEGOTIATED BETWEEN THE RELEVANT EMPLOYER AND EMPLOYEE ORGAN-
IZATION NOR LIMIT ANY OBLIGATION TO BARGAIN TERMS AND CONDITIONS OF
EMPLOYMENT PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW;
(C) CONDUCT AT MINIMUM ELEVEN PUBLIC HEARINGS, ONE IN EACH DEPARTMENT
OF TRANSPORTATION REGION ACROSS THE STATE, WITH OPPORTUNITY FOR PUBLIC
COMMENT TO BE COMPLETED AT LEAST SIX MONTHS BEFORE SUCH DOCUMENT IS
REQUIRED TO BE PRESENTED TO THE LEGISLATURE. SUCH HEARINGS SHALL BE
CONDUCTED IN ACCORDANCE WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW;
AND
(D) MAINTAIN A SECTION ON THE DEPARTMENT OF TRANSPORTATION'S WEBSITE
WHERE THE PUBLIC AT LARGE MAY VIEW THE PROPOSED LONG-RANGE TRANSPORTA-
TION PLAN AND FIVE-YEAR CAPITAL PLAN AND SUBMIT COMMENTS ABOUT EACH PLAN
DIRECTLY TO THE COMMISSIONER OF TRANSPORTATION.
4. COPIES OF THE LONG-RANGE TRANSPORTATION PLAN AND FIVE-YEAR CAPITAL
PLAN, ORIGINAL AND AS REVISED, IN ADDITION TO BEING MADE AVAILABLE IN A
SEARCHABLE FORMAT ON THE DEPARTMENT OF TRANSPORTATION'S WEBSITE SHALL BE
S. 2618--A 3
KEPT ON FILE AS A PUBLIC DOCUMENT IN THE OFFICE OF THE COMMISSIONER OF
TRANSPORTATION AND AT EACH REGIONAL OFFICE OF THE DEPARTMENT OF TRANS-
PORTATION.
5. THE COMMISSIONER OF TRANSPORTATION SHALL ANNUALLY DEVELOP AND
SUBMIT TO THE GOVERNOR AND LEGISLATURE, BY OCTOBER THIRTIETH, TWO THOU-
SAND EIGHTEEN AND EACH YEAR THEREAFTER, A LIST OF PROJECTS SCHEDULED FOR
PLANNING, ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ANALYSIS,
CONSTRUCTION, RECONSTRUCTION, RESTORATION, REHABILITATION, ESTABLISH-
MENT, IMPROVEMENT, RENOVATION, EXTENSION, REPAIR, REVITALIZATION,
MANAGEMENT, DEVELOPMENT, DEMOLITION, RECONDITIONING AND PRESERVATION.
THE LIST OF PROJECTS SHALL INCLUDE AN ESTIMATE OF FEDERAL, STATE, AND
OTHER FUNDS ANTICIPATED TO BE RECEIVED TO FUND EACH PROJECT; A
DESCRIPTION, LOCATION, AND ITEMIZATION OF THE ESTIMATED COST FOR EACH
PROJECT; AND A DISBURSEMENT SCHEDULE OF COSTS OVER EACH PROJECT'S LIFE,
AND AN EXPLANATION OF HOW THE LIST COMPORTS WITH THE FIVE-YEAR CAPITAL
PLAN AND LONG-RANGE TRANSPORTATION PLAN AND WHY THERE ARE DEVIATIONS, IF
ANY, FROM THE FIVE-YEAR CAPITAL PLAN. PROJECT LISTING INFORMATION
RELATED TO COST AND DISBURSEMENT SCHEDULE SHALL BE PUBLICLY AVAILABLE
FOR DOWNLOAD ON THE DEPARTMENT OF TRANSPORTATION'S WEBSITE IN A SEARCHA-
BLE FORMAT, INCLUDING WITHOUT LIMITATION FORMATTING AS AN EXCEL FILE BY
OCTOBER THIRTIETH OF EACH YEAR. IN EACH YEAR A FIVE-YEAR PLAN IS DEVEL-
OPED, THE ANNUAL LIST OF PROJECTS SHALL ALIGN WITH AND COMPORT TO THE
FIVE-YEAR PLAN, AND SHALL ALSO APPEAR AS AN APPENDIX IN THE FIVE-YEAR
PLAN.
6. THE LIST OF PROJECTS AND PROJECT INFORMATION ANNUALLY DEVELOPED
UNDER SUBDIVISION FIVE OF THIS SECTION, IF AMENDED BY THE EXECUTIVE
BUDGET, SHALL BE UPDATED TO REFLECT THE EXECUTIVE PROPOSED BUDGET AND
SUBMITTED CONCURRENTLY, AND MADE AVAILABLE ON THE DEPARTMENT OF TRANS-
PORTATION'S WEBSITE, WITH THE EXECUTIVE BUDGET, IN ADDITION TO THE
INFORMATION REQUIRED BY SECTIONS TWENTY-TWO AND TWENTY-TWO-C OF THIS
ARTICLE. A LIST OF PROJECTS OR A SEPARATE COLUMN SHALL BE PROVIDED
CONCURRENTLY UPDATING THE STATUS OF PROJECTS APPROVED FOR FUNDING
COMMITMENT OR DISBURSEMENT DURING THE PREVIOUSLY ENACTED BUDGET, SHOWING
WHETHER FUNDS WERE COMMITTED OR DISBURSED AS WELL AS ANY REVISIONS TO
EACH PROJECT'S SCHEDULED COMPLETION AND PROJECT COST. SUCH LIST OR LISTS
OF PROJECTS AND ANY PROJECT LISTING REVISIONS REFLECTED WITHIN THE
ENACTED EXECUTIVE BUDGET SHALL BE SUBJECT TO A MEMORANDUM OF UNDERSTAND-
ING TO BE SIGNED BY THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE
AND THE SPEAKER OF THE ASSEMBLY. PRIOR TO DISBURSEMENT OF ANY FUNDS FOR
THE FIVE-YEAR CAPITAL PLAN AND LONG-RANGE TRANSPORTATION PLAN FOR THE
DEPARTMENT OF TRANSPORTATION REQUIRED BY SUBDIVISION ONE OF THIS SECTION
OR FOR THE DEPARTMENT OF TRANSPORTATION'S CAPITAL EXPENDITURES, THE
MEMORANDUM OF UNDERSTANDING MUST BE SIGNED BY THE GOVERNOR AND THE
LEGISLATIVE LEADERS OF THE SENATE AND ASSEMBLY AND MADE AVAILABLE ON THE
DEPARTMENT OF TRANSPORTATION'S WEBSITE.
7. THE DEPARTMENT OF TRANSPORTATION SHALL ANNUALLY PROVIDE TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, AND THE CHAIRS OF THE TRANSPORTATION AND FISCAL COMMITTEES OF
THE LEGISLATURE, ON OR BEFORE JULY FIFTEENTH, IN ELECTRONIC FORMAT, A
REPORT THAT DETAILS THE CONDITIONS OF STATE HIGHWAY PAVEMENT BY REGION
AND STATEWIDE CONDITION GOALS FOR PAVEMENT, AND THE CONDITION OF STATE
AND LOCAL BRIDGES BY COUNTY AND THE STATEWIDE CONDITION GOALS FOR BRIDGE
CONDITIONS.
8. FOR PROJECTS SCHEDULED TO OBLIGATE CONSTRUCTION FUNDS DURING THE
FIVE-YEAR PROGRAM PERIOD ENDING MARCH THIRTY-FIRST, TWO THOUSAND TWEN-
TY-TWO, THE DEPARTMENT OF TRANSPORTATION SHALL PROVIDE SEMI-ANNUALLY BY
S. 2618--A 4
REGION, A LIST OF THOSE PROJECTS THAT HAVE EXPERIENCED "MAJOR SCHEDULE
CHANGES" OR "MAJOR COST CHANGES" IN LETTING SCHEDULE AND/OR CONSTRUCTION
COST SINCE EXECUTION OF THE FIVE-YEAR PROGRAM. FOR EACH PROJECT THE
REPORT SHALL INCLUDE THE PROJECT IDENTIFICATION NUMBER, ORIGINAL AND
REVISED CONSTRUCTION COST ESTIMATES, CHANGES IN CONSTRUCTION COST AFTER
CONTRACT AWARD, ORIGINAL AND REVISED LETTING DATES AND A DETAILED EXPLA-
NATION OF WHY THE CHANGES OCCURRED. FOR THE PURPOSES OF THIS SECTION,
THE TERM "MAJOR SCHEDULE CHANGES" IS DEFINED AS A TWELVE-MONTH OR MORE
DELAY IN THE LETTING DATE, AND THE TERM "MAJOR COST CHANGES" IS DEFINED
AS A GREATER THAN TWENTY-FIVE PERCENT CHANGE FOR PROJECTS IN EXCESS OF
FIFTEEN MILLION DOLLARS.
§ 2. This act shall take effect immediately.
