§ 10-d. Statewide preventive maintenance plan for highways and
bridges. 1. Definitions. For the purposes of this section, unless the
context or subject matter otherwise requires:

(a) "Preventive maintenance" shall mean planned activities undertaken
by the commissioner to reduce or arrest the rate of deterioration of
state highways and bridges, or to maintain such highways and bridges in
a state of good repair. These activities may correct minor defects as a
secondary benefit.

(b) "Pavement management system" shall mean a system to assist in
determining the optimum strategy to preserve state pavements in a safe
and serviceable condition at the lowest feasible total capital and
maintenance cost over the useful life of such pavement. Such system
shall conform with or exceed federal requirements and shall include an
annual survey of state highway pavement conditions.

(c) "Bridge management system" shall mean a system to assist in
determining the optimum strategy to preserve state bridges in a safe and
serviceable condition at the lowest feasible total capital and
maintenance cost over the useful life of such bridges. Such system shall
conform with or exceed federal requirements and shall include an
inspection of state bridges in accordance with section two hundred
thirty-two of this chapter.

2. Statewide preventive maintenance plan. Every year the commissioner
shall develop a five-year plan for the preventive maintenance of state
highways and bridges. The plan shall be submitted to the governor and
the chairs of the senate finance committee and the assembly ways and
means committee at the time the department submits its annual budget
request, but no later than December thirty-first of each year. The plan
shall:

(a) describe the current condition of state highways, by setting forth
the number of lane miles in each highway condition level in each
department of transportation residency and region based on an annual
pavement condition survey conducted pursuant to the department's
pavement management system;

(b) describe the current condition of state bridges, by setting forth
the number of bridges in each bridge condition level in each department
of transportation region based on an inspection of each bridge conducted
pursuant to the department's bridge management system and in accordance
with section two hundred thirty-two of this chapter;

(c) establish goals for the condition of the state's highways and
bridges for each of the next five fiscal years which can be achieved
through an integrated program of capital investment and preventive
maintenance, set forth for each highway and bridge condition level in
each department of transportation region;

(d) describe the preventive maintenance activities and levels of
funding projected to be necessary to achieve the goals for the condition
of the state's highways and bridges for each of the next five fiscal
years, set forth for each highway and bridge condition level in each
department of transportation region. Such description shall be developed
utilizing the department's pavement management and bridge management
systems;

(e) demonstrate the cost effectiveness of these preventive maintenance
activities and levels of funding through an analysis of the cost of
alternative preventive maintenance techniques over the life cycle of
state highways and bridges consistent with the highway law life cycle
requirements;

(f) summarize the preventive maintenance work which could occur if the
amounts requested for the next fiscal year pursuant to section
fourteen-b of the state finance law are appropriated, set forth for each
state highway pavement condition level by department of transportation
residency, and for each state bridge condition level by department of
transportation region; and

(g) commencing with the statewide preventive maintenance plan due no
later than December thirty-first, nineteen hundred ninety-five, provide
information relative to the prior and current fiscal year's preventive
maintenance plan, including the extent to which goals relative to the
condition of state highways and bridges established pursuant to
paragraph (c) of this subdivision have been achieved, set forth for each
state highway and bridge condition level by department of transportation
region.

3. Submission of the statewide preventive maintenance plan shall
constitute compliance with the requirements of subdivision (d) of
section fourteen-b and section twenty-six of the state finance law.

4. Incorporation of statewide preventive maintenance plan. The
statewide preventive maintenance plan developed pursuant to subdivision
two of this section shall be incorporated into the department's capital
projects statement to be submitted to the governor pursuant to section
fourteen-b of the state finance law, and shall be considered by the
division of the budget prior to the submission of the budget pursuant to
section twenty-two of the state finance law.

5. Within nine months after the enactment of the budget for fiscal
year nineteen hundred ninety-three--ninety-four, the commissioner shall
submit to the governor a summary of the preventive maintenance work
which has been undertaken or is planned to be undertaken in such fiscal
year. Copies of such summary shall forthwith be furnished to the chairs
of the senate finance committee and the assembly ways and means
committee.

6. Independent program evaluation. The commissioner shall cause to be
performed once every five years an independent evaluation of the
preventive maintenance of state highways and bridges. Such evaluation
shall be conducted by a professional engineering firm expert in the
field of preventive maintenance and preventive maintenance planning. The
first evaluation shall be submitted to the governor no later than
October first, nineteen hundred ninety-five, and succeeding evaluations
shall be submitted every five years thereafter. Such evaluation shall
include but not be limited to:

(a) an assessment of the adequacy of the preventive maintenance of
state highways and bridges;

(b) an assessment of the adequacy of the department's pavement
management system and bridge management system and recommendations for
improvements to those systems;

(c) recommendations for any improvements or technological advances in
the way in which the state should maintain state highways and bridges;

(d) an assessment as to whether the level or allocation of funding for
the preventive maintenance of state highways and bridges is sufficient
considering the goals for the condition of the state's highways and
bridges for the next five fiscal years as set forth in the statewide
preventive maintenance plan developed pursuant to subdivision two of
this section.

7. Liability provisions. No preventive maintenance plan or evaluation
of such plan required by this section shall be admissible in any action
or proceeding in which the state or any of its departments, agencies or
authorities, or any municipal corporation or other political
subdivision, or any officer or employee thereof, is a party, to prove
the existence of a particular defect or dangerous condition of a highway
or bridge; nor shall the state or any of its departments, agencies or
authorities, or any municipal corporation or other political
subdivision, or any officer or employee thereof, be held liable for
damages as a result of a failure to comply with any preventive
maintenance plan required by this section or to take any action as a
result of an evaluation of such plan.