Senate Bill S7779

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7779
 
                             I N  S E N A T E
 
                             February 19, 2020
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the transportation 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.  Section  15  of  the transportation law, subdivision 2 as
 amended by chapter 524 of the laws of 2005 and subdivision 3 as  amended
 by chapter 1064 of the laws of 1969, is amended to read as follows:
   § 15. Comprehensive  statewide  master plan for transportation. 1. The
 department shall formulate [and from time to time revise]  a  long-range
 comprehensive  statewide  master  plan  for the balanced development and
 coordination of adequate, safe and efficient commuter and general trans-
 portation facilities and services in the state at reasonable cost to the
 people, including, but not limited to,  STATE  highways[,]  AND  BRIDGES
 UNDER  THE  JURISDICTION  OF  THE  COMMISSIONER,  BICYCLE AND PEDESTRIAN
 FACILITIES ON SUCH STATE HIGHWAYS AND BRIDGES,  rapid  transit,  FREIGHT
 AND  PASSENGER  railroad,  omnibus, marine and other mass transportation
 facilities and services, EXCLUDING  RAPID  TRANSIT,  RAILROAD,  OMNIBUS,
 MARINE  AND  OTHER MASS TRANSPORTATION FACILITIES AND SERVICES UNDER THE
 JURISDICTION OF EITHER  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY  AS
 DEFINED  IN SECTION TWO HUNDRED NINETEEN-C OF THIS CHAPTER OR A BI-STATE
 PUBLIC BENEFIT CORPORATION, and PUBLIC USE aviation and airport  facili-
 ties  and  services[,]  whether  publicly or privately owned, developed,
 operated or maintained, EXCLUDING AIRPORTS OPERATED BY A BI-STATE PUBLIC
 BENEFIT CORPORATION.   SUCH PLAN SHALL  INCLUDE  A  MINIMUM  TWENTY-YEAR
 FORECAST  PERIOD  AT THE TIME OF ADOPTION, ASSESS LONG-RANGE NEEDS SPAN-
 NING SUCH PERIOD, INCLUDE A FORECAST OF PAVEMENT AND  BRIDGE  CONDITIONS
 OF  STATE HIGHWAYS AND BRIDGES UNDER THE JURISDICTION OF THE COMMISSION-
 ER, AND TAKE INTO CONSIDERATION:
   A. THE MOST RECENT TWENTY-YEAR TRANSPORTATION  PLAN  ADOPTED  BY  EACH
 METROPOLITAN  PLANNING ORGANIZATION WITHIN THE STATE PURSUANT TO SUBPART
 C OF PART 450 OF TITLE 23 OF THE CODE OF FEDERAL REGULATIONS; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03763-02-0

 S. 7779                             2
 
   B. THE MOST RECENT LONG-RANGE STATEWIDE TRANSPORTATION PLAN AND STATE-
 WIDE TRANSPORTATION IMPROVEMENT PROGRAM DEVELOPED BY THE STATE  PURSUANT
 TO SUBPART B OF PART 450 OF TITLE 23 OF THE CODE OF FEDERAL REGULATIONS.
   2.  The  department shall submit such plan to the governor, the tempo-
 rary president of the senate, the speaker of the  assembly  and  to  the
 department  of  state  on  or  before September first, [nineteen hundred
 sixty-eight, and thereafter shall submit appropriate revisions  of  such
 plan]  TWO  THOUSAND  TWENTY-ONE. THE DEPARTMENT SHALL REVIEW AND UPDATE
 SUCH PLAN AT LEAST EVERY FIVE YEARS TO EXTEND THE FORECAST PERIOD TO  AT
 LEAST TWENTY YEARS, PROVIDED THAT THE DEPARTMENT MAY REVISE SUCH PLAN AT
 ANY  OTHER  TIME  WITHOUT EXTENDING SUCH FORECAST PERIOD. THE DEPARTMENT
 SHALL SUBMIT ALL SUCH REVISED AND UPDATED PLANS  to  the  governor,  the
 temporary  president  of  the senate, the speaker of the assembly and to
 the department of state [from time to] AT THE time [as]  such  revisions
 are  made.  The  department  of  state  shall  review such plan and such
 revisions and shall submit a report thereon, together with  such  recom-
 mendations  as  it  may deem appropriate, to the governor, the temporary
 president of the senate and the speaker of the assembly. Such  plan  and
 such  revisions  shall  become  effective  upon approval by the governor
 [and], shall serve thereafter as a guide  to  the  public  and  publicly
 assisted  development  of  transportation facilities and services in the
 state, AND THE  DEPARTMENT SHALL MAINTAIN HARD COPIES OF THE MOST RECENT
 VERSION OF SUCH PLAN AND REVISIONS THERETO ON FILE AS A PUBLIC  DOCUMENT
 IN  THE  OFFICE  OF  THE COMMISSIONER AND AT EACH REGIONAL OFFICE OF THE
 DEPARTMENT.
   3. In formulating such plan and any such revisions, the department:
   a. shall conduct [one or more] AT LEAST ONE public [hearings]  HEARING
 IN EACH DEPARTMENT REGION;
   b.  may  consult  with and cooperate with (i) officials of departments
 and agencies of the state having duties and responsibilities  concerning
 transportation;
   (ii)  officials  and representatives of public corporations as defined
 in [article one, section  three  of  the  general  corporation]  SECTION
 SIXTY-FIVE OF THE GENERAL CONSTRUCTION law;
   (iii)  officials  and  representatives  of  the federal government, of
 neighboring states and of  interstate  agencies  on  problems  affecting
 transportation in this state;
   (iv)  officials  and  representatives  of  carriers and transportation
 facilities and systems in the state; and
   (v) persons, organizations and groups utilizing, served by, interested
 in or concerned with transportation facilities and systems in the state;
   c. may request and  receive  from  any  department,  division,  board,
 bureau,  commission or other agency of the state or any political subdi-
 vision thereof or any public authority such assistance and data  as  may
 be  necessary to enable the department to carry out its responsibilities
 under this section; and
   d. may make use of and  incorporate  in  the  department's  plan,  any
 recognized long-range regional plan for transportation, survey or report
 developed by any public or private agency.
   4.  THE  DEPARTMENT  SHALL MAINTAIN ON ITS PUBLIC WEBSITE THE PROPOSED
 AND ADOPTED LONG-RANGE  COMPREHENSIVE  STATEWIDE  MASTER  PLAN  AND  ALL
 PROPOSED  AND  ADOPTED  REVISIONS  THERETO, AND SHALL PROVIDE A MEANS ON
 SUCH WEBSITE FOR THE PUBLIC TO SUBMIT COMMENTS THEREON  TO  THE  DEPART-
 MENT.
   §  2. Subdivision 13 of section 14 of the transportation law, as added
 by chapter 420 of the laws of 1968, is amended to read as follows:

 S. 7779                             3
 
   13. To report from time to time to the governor  and  make  an  annual
 report  to  the  governor  and  the  legislature which shall include its
 recommendations. ADDITIONALLY, THE COMMISSIONER SHALL SUBMIT A REPORT TO
 THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER  OF
 THE  ASSEMBLY,  BEGINNING  SEPTEMBER  FIRST, TWO THOUSAND TWENTY-ONE AND
 SEMI ANNUALLY THEREAFTER, INCLUDING A LIST OF THOSE CAPITAL PROJECTS  IN
 THE  DEPARTMENT'S  CAPITAL  PROGRAM THAT HAVE EXPERIENCED MAJOR SCHEDULE
 CHANGES OR MAJOR COST CHANGES IN LETTING SCHEDULE OR CONSTRUCTION  COST,
 INCLUDING  PROJECTS  THAT  WERE ELIMINATED AND PROJECTS THAT WERE ADDED,
 SINCE THE ADOPTION OF THE MOST RECENT STATE BUDGET. FOR EACH PROJECT THE
 REPORT SHALL INCLUDE THE PROJECT IDENTIFICATION NUMBER AND  DESCRIPTION,
 ORIGINAL  AND  REVISED  LETTING DATES, AND A DETAILED EXPLANATION OF WHY
 THE CHANGES OCCURRED. FOR THE PURPOSES OF  THIS  SUBDIVISION,  THE  TERM
 "MAJOR  SCHEDULE  CHANGES" IS DEFINED AS A TWELVE-MONTH OR MORE DELAY IN
 THE LETTING DATE OF A PROJECT, AND THE  TERM  "MAJOR  COST  CHANGES"  IS
 DEFINED  AS  ONE  OF  THE  FOLLOWING AS APPLICABLE: A GREATER THAN FIFTY
 PERCENT CHANGE FOR PROJECTS FIFTEEN  MILLION  DOLLARS  OR  LESS,  AND  A
 GREATER  THAN  TWENTY-FIVE  PERCENT  CHANGE  FOR  PROJECTS  IN EXCESS OF
 FIFTEEN MILLION DOLLARS.
   § 3. This act shall take effect immediately.