S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4293
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 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 TWENTY-ONE:
   (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
 TRANSPORTATION.  SUCH FIVE-YEAR CAPITAL PLAN SHALL INCLUDE THE  PROJECTS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05911-01-1

 S. 4293                             2
 
 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-FOUR  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-FIVE THROUGH TWO THOUSAND  THIRTY,  AND
 THE  INITIAL AND ALL SUBSEQUENT TWENTY-YEAR AND FIVE-YEAR PLANS SHALL BE
 ALIGNED WITH THE CAPITAL PLANNING SCHEDULE OF THE METROPOLITAN TRANSPOR-
 TATION 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  TWENTY-ONE  AND EACH YEAR THEREAFTER, A LIST OF PROJECTS SCHEDULED
 FOR PLANNING, ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL  ANALYSIS,

 S. 4293                             3

 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-FIVE, THE DEPARTMENT OF TRANSPORTATION SHALL PROVIDE SEMI-ANNUALLY BY
 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,

 S. 4293                             4
 
 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.