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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4010--B
 
                        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, JACOBSON, PALMESANO --
   read once and referred to the Committee on Transportation -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- reported and referred to the  Committee  on  Ways
   and  Means -- reported and referred to the Committee on Rules -- Rules
   Committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to the Committee on Rules
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03335-07-1

 A. 4010--B                          2
 
 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,
 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 JUNE FIRST, TWO THOUSAND TWENTY-TWO 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-TWO 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-TWO AND  BY  JUNE
 FIRST  OF  EACH  YEAR  THEREAFTER, A REPORT DETAILING THE ALLOCATION AND
 DISBURSEMENT FOR THE PRIOR STATE FISCAL YEAR OF CAPITAL FUNDS  APPROPRI-
 ATED  FOR PUBLIC TRANSPORTATION PROVIDERS WITHIN THE METROPOLITAN COMMU-
 TER TRANSPORTATION DISTRICT THAT EXCLUDE THE METROPOLITAN TRANSPORTATION
 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, PASSEN-
 GER STATIONS, TRACK, LINE EQUIPMENT, LINE STRUCTURES, SIGNALS AND COMMU-
 NICATIONS,  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  JUNE  FIRST, TWO THOUSAND TWENTY-TWO AND BY JUNE
 FIRST 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-

 A. 4010--B                          3
 
 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.