S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2618--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sens.  LANZA,  ADDABBO, AVELLA, BAILEY, BONACIC, BROOKS,
   CARLUCCI,  CROCI,  DeFRANCISCO,  DILAN,  FUNKE,  GALLIVAN,   HAMILTON,
   HANNON,  HOYLMAN,  KENNEDY,  KRUEGER, MARCHIONE, MURPHY, O'MARA, ORTT,
   RANZENHOFER, SAVINO, VALESKY -- read twice and  ordered  printed,  and
   when  printed to be committed to the Committee on Finance -- recommit-
   ted to the Committee on Finance in accordance with Senate Rule 6, sec.
   8 -- 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:
   § 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 EIGHTEEN:
   (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.
                                                            LBD01244-04-8
              

 S. 2618--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  TWENTY-ONE  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-TWO THROUGH TWO THOUSAND  TWENTY-SEVEN,
 AND THE INITIAL AND ALL SUBSEQUENT TWENTY-YEAR AND FIVE-YEAR PLANS SHALL
 BE ALIGNED WITH THE CAPITAL PLANNING SCHEDULE OF THE METROPOLITAN TRANS-
 PORTATION 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

 S. 2618--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 EIGHTEEN 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, 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-TWO, THE DEPARTMENT OF TRANSPORTATION SHALL PROVIDE SEMI-ANNUALLY  BY

 S. 2618--A                          4
 
 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,
 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.