S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4189--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2019
                                ___________
 
 Introduced by Sens. KENNEDY, CARLUCCI -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the transportation law, in  relation  to  requiring  the
   department  of  transportation  to maintain a website or webpage where
   users may report defects on state highways and bridges
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 14 of the transportation law is amended by adding a
 new subdivision 36 to read as follows:
   36.  (A)  THE  DEPARTMENT  SHALL MAINTAIN A TOLL-FREE TWENTY-FOUR HOUR
 DEFECT-REPORTING HOTLINE AND SHALL DEVELOP AND MAKE AVAILABLE A WEBSITE,
 OR DEVELOP AND MAKE AVAILABLE A PAGE ON ITS WEBSITE:
   (I) PROVIDING AN OPPORTUNITY FOR WEBSITE USERS TO  REPORT  DEFECTS  ON
 STATE  HIGHWAYS  AND  BRIDGES,  AS WELL AS ANY OTHER ARTERIES WITHIN THE
 DEPARTMENT'S JURISDICTION; AND
   (II) PROVIDING  A  WEB  MAPPING  SERVICE  APPLICATION  DISPLAYING  THE
 LOCATIONS  OF THE REPORTED DEFECTS AND ANY DEPARTMENTAL ACTIONS RESPOND-
 ING TO AND REMEDYING THE REPORTED DEFECTS. MAPPING SERVICE  APPLICATIONS
 SHALL INCLUDE ANY ADDITIONAL INFORMATION THE DEPARTMENT DEEMS NECESSARY.
   (B)  THE  WEBSITE SHALL (I) MAKE PROVISION FOR EACH DEFECT REPORTER TO
 PROVIDE HIS OR HER NAME, AS WELL AS AN ELECTRONIC MAIL ADDRESS OR  TELE-
 PHONE  NUMBER  AT  WHICH THE REPORTER CAN BE CONTACTED BY THE DEPARTMENT
 WITH UPDATES ON THE DEFECT REPORTED, THOUGH  ANONYMOUS  REPORTING  SHALL
 ALSO BE PERMITTED;
   (II) TRACK AND PRESERVE DEFECTS REPORTED IN LIST AND MAP FORMAT; AND
   (III)  PROVIDE  AN  OPTION  FOR  REPORTING OF REGION- AND HIGHWAY-WIDE
 DEFECTS AS WELL AS SPECIFIC DEFECTS ALONG MORE PARTICULARIZED LOCATIONS,
 INCLUDING, WITHOUT LIMITATION, MILE MARKERS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07834-02-9
              

 S. 4189--A                          2
 
   (C) THE LISTING AND MAP SHALL BE UPDATED NO LESS THAN ONCE EVERY  FIVE
 DAYS  TO  REFLECT  ANY  DEFECTS  REPORTED  AND REPAIRS MADE. DEFECTS AND
 REPAIRS REPORTED SHALL BE PRESERVED  FOR  A  MINIMUM  OF  THREE  HUNDRED
 SIXTY-FIVE DAYS FROM THE TIME OF REPORTING OR REPAIR.
   (D)  THE DEPARTMENT MAY COLLECT AND REPORT SUCH ADDITIONAL INFORMATION
 AND ISSUES WITH RESPECT TO HIGHWAY AND BRIDGE CONDITIONS AND DEFECTS  AS
 IT DEEMS NECESSARY.
   (E) THE DEPARTMENT SHALL ALSO ENABLE PERSONS TO REPORT DEFECTS LOCATED
 ON THE STATE THRUWAY SYSTEM ON THIS INTERACTIVE WEBSITE AND APPLICATION,
 AND  IS AUTHORIZED AND DIRECTED TO COORDINATE WITH THE THRUWAY AUTHORITY
 IN CREATING OR MODIFYING THE  INTERACTIVE  WEBSITE  AND  APPLICATION  TO
 SHARE, OR ENABLE THE THRUWAY AUTHORITY TO RECEIVE, REPORTS OF DEFECTS IN
 LOCATIONS  FOR  WHICH  IT  IS RESPONSIBLE NO MORE THAN TWENTY-FOUR HOURS
 AFTER THE DEFECT IS  REPORTED. THE DEPARTMENT IS AUTHORIZED  TO  PROVIDE
 THE  THRUWAY  AUTHORITY  WITH  JOINT  ACCESS TO MAINTAIN AND MONITOR THE
 INTERACTIVE WEBSITE AND APPLICATION,  AND MAY ENTER INTO A  COST-SHARING
 ARRANGEMENT WITH THE AUTHORITY.
   (F)  TO  THE  EXTENT  PRACTICABLE,  THE  DEPARTMENT  SHALL COMMUNICATE
 DEFECTS REPORTED TO ITS INTERACTIVE WEBSITE AND  APPLICATION  ON  COUNTY
 ROADS  AND TOWN HIGHWAYS TO THE LOCAL OFFICIAL RESPONSIBLE FOR SUCH ROAD
 OR HIGHWAY.  THE  COMMISSIONER SHALL DISCUSS ANY DIFFICULTIES SHE OR  HE
 ENCOUNTERS  IN  IMPLEMENTING THIS PARAGRAPH DURING THE JOINT LEGISLATIVE
 BUDGET HEARING CONVENED PURSUANT TO ARTICLE VII OF THE  STATE  CONSTITU-
 TION  AND  SECTION THIRTY-ONE OF THE LEGISLATIVE LAW, BEGINNING NO LATER
 THAN THE HEARING TO BE SCHEDULED IN CALENDAR YEAR TWO THOUSAND TWENTY.
   (G) NOTHING IN THIS AUTHORIZATION SHALL PRECLUDE THE  DEPARTMENT  FROM
 PERMITTING  DEFECTS UNRELATED TO THE ROAD AND HIGHWAY NETWORK FROM BEING
 REPORTED TO THIS WEBSITE OR APPLICATION.
   (H) IDENTIFYING INFORMATION FOR THE DEFECT REPORTER  SHALL  BE  EXEMPT
 FROM  THE PROVISIONS OF SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW,
 AND SHALL NOT BE SHARED BY THE DEPARTMENT OR THRUWAY  AUTHORITY  OR  ANY
 ENTITY  WITH  WHOM THE DEPARTMENT OR AUTHORITY CONTRACTS IN IMPLEMENTING
 THIS LEGISLATION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.