S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7608--A

                            I N  S E N A T E

                              May 11, 2016
                               ___________

Introduced  by  Sens. LANZA, AVELLA, BONACIC, CROCI, DeFRANCISCO, DILAN,
  FUNKE, GALLIVAN, HAMILTON, HANNON, KENNEDY, KRUEGER, LATIMER, MARTINS,
  ORTT, PANEPINTO, RANZENHOFER -- read twice and  ordered  printed,  and
  when  printed to be committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:
  S  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 SIXTEEN:
  (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

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

                                                           LBD14953-03-6

S. 7608--A                          2

TRANSPORTATION.  SUCH FIVE-YEAR CAPITAL PLAN SHALL INCLUDE THE  PROJECTS
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 NINETEEN AND EVERY FIFTH YEAR THERE-
AFTER, 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 THROUGH TWO THOUSAND  TWENTY-FIVE,  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  SIXTEEN AND EACH YEAR THEREAFTER, A LIST OF PROJECTS SCHEDULED FOR

S. 7608--A                          3

PLANNING,  ACQUISITION,  DESIGN,  ENGINEERING,  ENVIRONMENTAL  ANALYSIS,
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 AND THE TEMPORARY PRESIDENT AND MAJORI-
TY LEADER 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 TRANSPORTA-
TION'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 TWENTY,
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

S. 7608--A                          4

AWARD,  ORIGINAL AND REVISED LETTING DATES AND A DETAILED EXPLANATION OF
WHY THE CHANGES OCCURRED. FOR THE PURPOSES OF  THIS  SECTION,  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.
  S 2. This act shall take effect immediately.