S T A T E   O F   N E W   Y O R K
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                                 9872--A

                          I N  A S S E M B L Y

                             April 20, 2016
                               ___________

Introduced by M. of A. ROZIC, BRINDISI, RYAN, BRENNAN, MAGNARELLI, RAIA,
  STECK,  BUCHWALD,  MAYER,  GOTTFRIED,  JOYNER, LAVINE, HUNTER, MURRAY,
  FRIEND, MONTESANO, RODRIGUEZ, SIMON, RUSSELL, STIRPE, KAVANAGH,  FAHY,
  BARRETT,  OTIS, McDONOUGH, ROBINSON, LIFTON, BRONSON, CERETTO, MILLER,
  GOLDFEDER, SANTABARBARA, ZEBROWSKI,  LUPARDO,  ABINANTI,  SCHIMMINGER,
  DenDEKKER, RA, MOSLEY, SEPULVEDA, McDONALD, SCHIMEL, PALMESANO, BLAKE,
  SEAWRIGHT,  WALTER  --  Multi-Sponsored  by  -- M. of A. ABBATE, COOK,
  ENGLEBRIGHT, GLICK, LUPINACCI, MAGEE, McKEVITT, THIELE  --  read  once
  and   referred   to  the  Committee  on  Transportation  --  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14953-02-6
              

A. 9872--A                          2

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
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

A. 9872--A                          3

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
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,

A. 9872--A                          4

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 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.