S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4010
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M. of A. THIELE, BYRNES -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the transportation law, in  relation  to  requiring  the
   department  of  transportation  to  annually prepare and submit to the
   legislature certain highway pavement and bridge condition reports

   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.  TO  PREPARE  AND  SUBMIT  REPORTS  ON HIGHWAY PAVEMENT AND BRIDGE
 CONDITIONS, CAPITAL PROGRAM LETTING AND IMPLEMENTATION, CAPITAL  PROGRAM
 ACCOMPLISHMENTS,  AND  NON-MTA  DOWNSTATE  SUBURBAN  AND UPSTATE TRANSIT
 CAPITAL PROGRAMS.  THE COMMISSIONER SHALL BE RESPONSIBLE FOR ISSUING THE
 FOLLOWING REPORTS IN A SEARCHABLE ELECTRONIC FORMAT ACCESSIBLE TO  USERS
 TO  THE  GOVERNOR,  TEMPORARY  PRESIDENT  OF  THE SENATE, SPEAKER OF THE
 ASSEMBLY, THE CHAIR OF THE SENATE TRANSPORTATION COMMITTEE, THE CHAIR OF
 THE ASSEMBLY TRANSPORTATION COMMITTEE, THE CHAIR OF THE  SENATE  FINANCE
 COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE:
   (A) ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-ONE AND BY JANUARY
 FIRST  OF  EACH  YEAR  THEREAFTER,  A  REPORT FOR EACH FORTHCOMING STATE
 FISCAL YEAR DETAILING THE DEPARTMENT'S ON-STATE SYSTEM CAPITAL  PROJECTS
 AND  OFF-STATE  SYSTEM LOCAL CAPITAL PROJECTS, AS DEFINED IN SUBDIVISION
 TWO-A OF SECTION TWO OF THE STATE FINANCE LAW, PLANNED FOR THE FORTHCOM-
 ING FISCAL YEAR INCLUDING PROJECTS RECEIVING FUNDS PURSUANT TO NEW  YORK
 WORKS.  SUCH REPORT SHALL INCLUDE PROJECTS EXPECTED TO BE ADVERTISED FOR
 PUBLIC BID IN THE RESPECTIVE  STATE  FISCAL  YEAR,  INCLUDING  ESTIMATED
 LETTING  DATES  BY  DEPARTMENT  REGION.  THE REPORT SHALL ALSO INCLUDE A
 PROJECT DESCRIPTION, PROPOSED MONTH OF LETTING,  PROJECT  IDENTIFICATION
 NUMBER,  AND  PROJECT  COST ESTIMATES. SUCH REPORT SHALL PRESENT PROJECT
 LETTING DETAILS BY DEPARTMENT REGION, WITHIN REGION BY  FUNDING  SOURCE,
 WITHIN  FUNDING  SOURCE  BY CAPITAL PROGRAM CATEGORY (PAVEMENT PRESERVA-
 TION, PAVEMENT RECONSTRUCTION,  BRIDGE  PRESERVATION,  BRIDGE  REHABILI-
 TATION  OR REPLACEMENT, SAFETY, MOBILITY, AND OTHER), AND WITHIN CAPITAL
 PROGRAM CATEGORY BY PROJECT  PHASE  (SCOPING,  PRELIMINARY  ENGINEERING,
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03335-04-1

 A. 4010                             2
 
 RIGHT-OF-WAY,  FINAL DESIGN AND CONSTRUCTION).  AFTER COMPLETION OF EACH
 QUARTER, THE DEPARTMENT SHALL  ISSUE  A  REPORT,  INCLUDING  THE  ACTUAL
 LETTING  DATES  AND CONTRACT AMOUNTS FOR EACH PROJECT ACCOMPANIED BY THE
 SAME  INFORMATION.  THE  REPORT  SHALL  ALSO  COMPARE CHANGES IN PLANNED
 CONSTRUCTION LETTINGS WITH ACTUAL PROJECT LETTINGS, CHANGES  IN  PROJECT
 COSTS  OF  MORE  THAN TWENTY-FIVE PERCENT FOR PROJECTS EXCEEDING FIFTEEN
 MILLION DOLLARS AND THE  CONTRIBUTING  FACTORS  FOR  SUCH  PROJECT  COST
 CHANGES, CHANGES IN PROJECT LETTING SCHEDULES OF MORE THAN TWELVE MONTHS
 AND  CONTRIBUTING FACTORS FOR SUCH CHANGES IN LETTING SCHEDULES, AND THE
 ESTIMATED NUMBER OF JOBS CREATED BY EACH PROJECT.
   (B) ON OR BEFORE JUNE FIRST, TWO THOUSAND TWENTY-ONE AND BY JUNE FIRST
 OF EACH YEAR THEREAFTER, AN ACCOMPLISHMENT REPORT FOR  THE  PRIOR  STATE
 FISCAL  YEAR DETAILING THE AMOUNT OF FUNDING OBLIGATED FOR MAJOR CAPITAL
 PROGRAM CATEGORIES INCLUDING:  PAVEMENT  PRESERVATION,  PAVEMENT  RECON-
 STRUCTION,  BRIDGE  PRESERVATION,  BRIDGE REHABILITATION OR REPLACEMENT,
 SAFETY, AND MOBILITY. SUCH  CAPITAL  REPORT  SHALL  PRESENT  DETAILS  BY
 DEPARTMENT  REGION,  WITHIN  REGION  BY  FUNDING  SOURCE, WITHIN FUNDING
 SOURCE BY CAPITAL PROGRAM CATEGORY AND WITHIN CAPITAL  PROGRAM  CATEGORY
 BY  PROJECT PHASE, INCLUDING BY SCOPING, PRELIMINARY ENGINEERING, RIGHT-
 OF-WAY, FINAL DESIGN AND CONSTRUCTION PHASE.
   (C) ON OR BEFORE JUNE FIRST, TWO THOUSAND TWENTY-ONE AND BY JUNE FIRST
 OF EACH YEAR THEREAFTER, A HIGHWAY PAVEMENT AND BRIDGE CONDITION  REPORT
 THAT  DETAILS  CONDITIONS OF STATE HIGHWAY PAVEMENT BY DEPARTMENT REGION
 AND STATEWIDE CONDITION GOALS FOR PAVEMENT, THE CONDITION OF  STATE  AND
 LOCALLY  OWNED  BRIDGES  BY COUNTY AND THE STATEWIDE CONDITION GOALS FOR
 BRIDGE CONDITIONS, AS WELL AS THE RESPECTIVE GOALS  FOR  EACH  OF  THESE
 CLASSES FOR THE PREVIOUS THREE YEARS.
   (D)  (I)  ON OR BEFORE JUNE FIRST, TWO THOUSAND TWENTY-ONE AND BY JUNE
 FIRST OF EACH YEAR THEREAFTER, A REPORT  DETAILING  THE  ALLOCATION  AND
 DISBURSEMENT  FOR  THE PRIOR STATE FISCAL YEAR OF FUNDS APPROPRIATED FOR
 PUBLIC TRANSPORTATION PROVIDERS WITHIN THE METROPOLITAN COMMUTER  TRANS-
 PORTATION DISTRICT THAT EXCLUDE THE METROPOLITAN TRANSPORTATION AUTHORI-
 TY AND ITS SUBSIDIARIES, AND FOR PUBLIC TRANSPORTATION PROVIDERS OUTSIDE
 THE  METROPOLITAN  COMMUTER  TRANSPORTATION DISTRICT. THE REPORT ON FUND
 USE SHALL INDICATE THE AMOUNT OF FUNDS ALLOCATED AND DISBURSED  TO  EACH
 RESPECTIVE  TRANSPORTATION  PROVIDER  BY CAPITAL ELEMENT, INCLUDING, BUT
 NOT LIMITED TO: ROLLING STOCK AND BUSES, PASSENGER STATIONS, TRACK, LINE
 EQUIPMENT, LINE STRUCTURES, SIGNALS AND COMMUNICATIONS, POWER EQUIPMENT,
 EMERGENCY POWER EQUIPMENT AND  SUBSTATIONS,  SHOPS,  YARDS,  MAINTENANCE
 FACILITIES,  DEPOTS  AND  TERMINALS, SERVICE VEHICLES, SECURITY SYSTEMS,
 ELECTRIFICATION EXTENSIONS, AND UNSPECIFIED, MISCELLANEOUS AND  EMERGEN-
 CY.
   (II)  ON OR BEFORE JULY FIFTEENTH, TWO THOUSAND TWENTY-ONE AND BY JULY
 FIFTEENTH OF EVERY FIFTH YEAR THEREAFTER, THE DEPARTMENT SHALL CONDUCT A
 NEEDS ASSESSMENT FOR EACH PUBLIC TRANSPORTATION PROVIDER  THAT  INCLUDES
 BUT IS NOT LIMITED TO: VEHICLE AGE AND CONDITION, FACILITY AND EQUIPMENT
 STATE  OF  GOOD REPAIR, CONSISTENCY WITH FEDERAL AND STATE SYSTEM SAFETY
 PLANS, AND AVAILABILITY OF FEDERAL AND LOCAL  RESOURCES  TO  COMPLETE  A
 PROJECT. FOR PURPOSES OF THIS SUBPARAGRAPH, THE TERM "PUBLIC TRANSPORTA-
 TION  PROVIDER" SHALL MEAN THOSE PUBLIC TRANSPORTATION SYSTEMS RECEIVING
 CAPITAL FUNDS FROM  THE  STATE,  AND  THE  TERM  "PUBLIC  TRANSPORTATION
 SYSTEM"  SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN SUBDIVI-
 SION ONE OF SECTION EIGHTEEN-A OF THIS ARTICLE.
   § 2. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4010--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced by M. of A. THIELE, BYRNES, GRIFFIN -- read once and referred
   to  the  Committee  on  Transportation  --  committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend  the transportation law, in relation to requiring the
   department of transportation to annually prepare  and  submit  to  the
   legislature certain highway pavement and bridge condition reports
 
   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. TO PREPARE AND SUBMIT  REPORTS  ON  HIGHWAY  PAVEMENT  AND  BRIDGE
 CONDITIONS,  CAPITAL PROGRAM LETTING AND IMPLEMENTATION, CAPITAL PROGRAM
 ACCOMPLISHMENTS, AND NON-MTA  DOWNSTATE  SUBURBAN  AND  UPSTATE  TRANSIT
 CAPITAL PROGRAMS.  THE COMMISSIONER SHALL BE RESPONSIBLE FOR ISSUING THE
 FOLLOWING  REPORTS IN A SEARCHABLE ELECTRONIC FORMAT ACCESSIBLE TO USERS
 TO THE GOVERNOR, TEMPORARY PRESIDENT  OF  THE  SENATE,  SPEAKER  OF  THE
 ASSEMBLY, THE CHAIR OF THE SENATE TRANSPORTATION COMMITTEE, THE CHAIR OF
 THE  ASSEMBLY  TRANSPORTATION COMMITTEE, THE CHAIR OF THE SENATE FINANCE
 COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE:
   (A) ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-TWO AND BY JANUARY
 FIRST OF EACH YEAR THEREAFTER,  A  REPORT  FOR  EACH  FORTHCOMING  STATE
 FISCAL YEAR DETAILING THE DEPARTMENT'S ON-STATE SYSTEM CAPITAL PROJECTS,
 AS DEFINED IN SUBDIVISION TWO-A OF SECTION TWO OF THE STATE FINANCE LAW,
 PLANNED  FOR  THE  FORTHCOMING  FISCAL YEAR INCLUDING PROJECTS RECEIVING
 FUNDS PURSUANT TO NEW YORK WORKS. SUCH  REPORT  SHALL  INCLUDE  PROJECTS
 EXPECTED  TO BE ADVERTISED FOR PUBLIC BID IN THE RESPECTIVE STATE FISCAL
 YEAR, INCLUDING ESTIMATED LETTING DATES BY DEPARTMENT REGION. THE REPORT
 SHALL ALSO INCLUDE A PROJECT DESCRIPTION,  PROPOSED  MONTH  OF  LETTING,
 PROJECT  IDENTIFICATION  NUMBER, AND PROJECT COST ESTIMATES. SUCH REPORT
 SHALL PRESENT PROJECT  LETTING  DETAILS  BY  DEPARTMENT  REGION,  WITHIN
 REGION BY FUNDING SOURCE, WITHIN FUNDING SOURCE BY CAPITAL PROGRAM CATE-
 GORY  (PAVEMENT  PRESERVATION, PAVEMENT RECONSTRUCTION, BRIDGE PRESERVA-
 TION,  BRIDGE  REHABILITATION  OR  REPLACEMENT,  SAFETY,  MOBILITY,  AND
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03335-05-1

 A. 4010--A                          2
 
 OTHER),  AND  WITHIN CAPITAL PROGRAM CATEGORY BY PROJECT PHASE (SCOPING,
 PRELIMINARY ENGINEERING, RIGHT-OF-WAY, FINAL DESIGN  AND  CONSTRUCTION).
 AFTER  COMPLETION  OF EACH QUARTER, THE DEPARTMENT SHALL ISSUE A REPORT,
 INCLUDING THE ACTUAL LETTING DATES AND CONTRACT AMOUNTS FOR EACH PROJECT
 ACCOMPANIED  BY  THE  SAME  INFORMATION.  THE  REPORT SHALL ALSO COMPARE
 CHANGES IN PLANNED CONSTRUCTION LETTINGS WITH ACTUAL  PROJECT  LETTINGS,
 CHANGES  IN  PROJECT COSTS OF MORE THAN TWENTY-FIVE PERCENT FOR PROJECTS
 EXCEEDING FIFTEEN MILLION DOLLARS AND THE CONTRIBUTING FACTORS FOR  SUCH
 PROJECT  COST  CHANGES, AND CHANGES IN PROJECT LETTING SCHEDULES OF MORE
 THAN TWELVE MONTHS AND CONTRIBUTING FACTORS FOR SUCH CHANGES IN  LETTING
 SCHEDULES, AND THE ESTIMATED NUMBER OF JOBS CREATED BY EACH PROJECT.
   (B)  ON  OR BEFORE JULY FIFTEENTH, TWO THOUSAND TWENTY-TWO AND BY JULY
 FIFTEENTH OF EACH YEAR THEREAFTER,  AN  ACCOMPLISHMENT  REPORT  FOR  THE
 PRIOR  STATE  FISCAL  YEAR DETAILING THE AMOUNT OF FUNDING OBLIGATED FOR
 MAJOR CAPITAL PROGRAM CATEGORIES INCLUDING: PAVEMENT PRESERVATION, PAVE-
 MENT  RECONSTRUCTION,  BRIDGE  PRESERVATION,  BRIDGE  REHABILITATION  OR
 REPLACEMENT,  SAFETY,  AND  MOBILITY.  SUCH CAPITAL REPORT SHALL PRESENT
 DETAILS BY DEPARTMENT REGION, WITHIN REGION BY  FUNDING  SOURCE,  WITHIN
 FUNDING  SOURCE  BY  CAPITAL PROGRAM CATEGORY AND WITHIN CAPITAL PROGRAM
 CATEGORY BY PROJECT PHASE, INCLUDING BY SCOPING,  PRELIMINARY  ENGINEER-
 ING, RIGHT-OF-WAY, FINAL DESIGN AND CONSTRUCTION PHASE.
   (C)  ON  OR BEFORE JULY FIFTEENTH, TWO THOUSAND TWENTY-TWO AND BY JULY
 FIFTEENTH OF EACH YEAR THEREAFTER, A HIGHWAY PAVEMENT AND BRIDGE  CONDI-
 TION REPORT THAT DETAILS CONDITIONS OF STATE HIGHWAY PAVEMENT BY DEPART-
 MENT REGION AND STATEWIDE CONDITION GOALS FOR PAVEMENT, THE CONDITION OF
 STATE  AND  LOCALLY  OWNED BRIDGES BY COUNTY AND THE STATEWIDE CONDITION
 GOALS FOR BRIDGE CONDITIONS, AS WELL AS THE RESPECTIVE GOALS FOR EACH OF
 THESE CLASSES FOR THE PREVIOUS THREE YEARS.
   (D) (I) ON OR BEFORE JULY FIFTEENTH, TWO THOUSAND  TWENTY-TWO  AND  BY
 JULY  FIFTEENTH  OF  EACH  YEAR THEREAFTER, A REPORT DETAILING THE ALLO-
 CATION AND DISBURSEMENT FOR THE PRIOR STATE FISCAL YEAR OF CAPITAL FUNDS
 APPROPRIATED FOR PUBLIC TRANSPORTATION PROVIDERS WITHIN THE METROPOLITAN
 COMMUTER TRANSPORTATION DISTRICT THAT EXCLUDE THE METROPOLITAN TRANSPOR-
 TATION AUTHORITY AND ITS SUBSIDIARIES,  AND  FOR  PUBLIC  TRANSPORTATION
 PROVIDERS OUTSIDE THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT. THE
 REPORT  ON  CAPITAL  FUND USE SHALL INDICATE THE AMOUNT OF CAPITAL FUNDS
 ALLOCATED AND DISBURSED TO EACH RESPECTIVE  TRANSPORTATION  PROVIDER  BY
 CAPITAL ELEMENT, INCLUDING, BUT NOT LIMITED TO: ROLLING STOCK AND BUSES,
 PASSENGER  STATIONS, TRACK, LINE EQUIPMENT, LINE STRUCTURES, SIGNALS AND
 COMMUNICATIONS,  POWER  EQUIPMENT,   EMERGENCY   POWER   EQUIPMENT   AND
 SUBSTATIONS, SHOPS, YARDS, MAINTENANCE FACILITIES, DEPOTS AND TERMINALS,
 SERVICE  VEHICLES,  SECURITY  SYSTEMS,  ELECTRIFICATION  EXTENSIONS, AND
 UNSPECIFIED, MISCELLANEOUS AND EMERGENCY.
   (II) ON OR BEFORE JULY FIFTEENTH, TWO THOUSAND TWENTY-TWO AND BY  JULY
 FIFTEENTH OF EVERY FIFTH YEAR THEREAFTER, THE DEPARTMENT SHALL CONDUCT A
 NEEDS  ASSESSMENT  FOR EACH PUBLIC TRANSPORTATION PROVIDER THAT INCLUDES
 BUT IS NOT LIMITED TO: VEHICLE AGE AND CONDITION, FACILITY AND EQUIPMENT
 STATE OF GOOD REPAIR, AND CONSISTENCY  WITH  FEDERAL  AND  STATE  SYSTEM
 SAFETY PLANS. FOR PURPOSES OF THIS SUBPARAGRAPH, THE TERM "PUBLIC TRANS-
 PORTATION  PROVIDER"  SHALL  MEAN  THOSE  PUBLIC  TRANSPORTATION SYSTEMS
 RECEIVING CAPITAL FUNDS FROM THE STATE, AND THE TERM "PUBLIC TRANSPORTA-
 TION SYSTEM" SHALL HAVE THE SAME MEANING AS  SUCH  TERM  IS  DEFINED  IN
 SUBDIVISION ONE OF SECTION EIGHTEEN-A OF THIS ARTICLE.
   § 2. This act shall take effect immediately.