S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    399
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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 NINETEEN:
   (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-
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03258-01-9

 S. 399                              2
 
 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-TWO 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-THREE  THROUGH TWO THOUSAND TWENTY-
 EIGHT, AND THE INITIAL AND  ALL  SUBSEQUENT  TWENTY-YEAR  AND  FIVE-YEAR
 PLANS  SHALL BE ALIGNED WITH THE CAPITAL PLANNING SCHEDULE OF THE METRO-
 POLITAN TRANSPORTATION 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
 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 NINETEEN AND EACH YEAR THEREAFTER, A LIST OF PROJECTS SCHEDULED FOR

 S. 399                              3
 
 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-THREE,  THE  DEPARTMENT OF TRANSPORTATION SHALL PROVIDE SEMI-ANNUALLY
 BY REGION, A LIST OF THOSE PROJECTS THAT HAVE EXPERIENCED "MAJOR  SCHED-
 ULE  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

 S. 399                              4
 
 DATES AND A DETAILED EXPLANATION 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.