S T A T E O F N E W Y O R K
________________________________________________________________________
8694
I N A S S E M B L Y
January 10, 2022
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Transportation
AN ACT to amend the transportation law, in relation to requiring the
department of transportation to annually prepare and submit to the
legislature certain highway pavement and bridge condition reports
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 36 of section 14 of the transportation law, as
added by a chapter of the laws of 2021 amending the transportation law
relating to requiring the department of transportation to annually
prepare and submit to the legislature certain highway pavement and
bridge condition reports, as proposed in legislative bills numbers S.
199-B and A. 4010-B, is amended to read as follows:
36. To prepare and submit reports on highway pavement and bridge
conditions, capital program letting and implementation, capital program
accomplishments, and non-MTA downstate suburban and upstate transit
capital programs. The commissioner shall be responsible for issuing the
following reports in a searchable electronic format accessible to users
to the governor, temporary president of the senate, speaker of the
assembly, the chair of the senate transportation committee, the chair of
the assembly transportation committee, the chair of the senate finance
committee and the chair of the assembly ways and means committee:
(a) On or before [January] JUNE first, two thousand twenty-two and by
[January] JUNE first of each year thereafter, a report for each [forth-
coming] state fiscal year detailing the department's on-state system
capital projects and off-state system local capital projects, as defined
in subdivision two-a of section two of the state finance law, planned
for the [forthcoming] fiscal year including projects receiving funds
pursuant to New York works. Such report shall include projects expected
to be advertised for public bid in the respective state fiscal year,
including estimated letting dates by department region. The report shall
also include a project description, proposed month of letting, project
identification number, and PRELIMINARY project cost estimates. Such
report shall present project letting details by department region, with-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03335-09-2
A. 8694 2
in region by funding source, within funding source by capital program
category (pavement preservation, pavement reconstruction, bridge preser-
vation, bridge rehabilitation or replacement, safety, mobility, and
other), and within capital program category by project phase (scoping,
preliminary engineering, right-of-way, final design and construction).
After completion of each quarter, the department shall issue a report,
including the actual letting dates and contract amounts for each project
accompanied by the same information. The report shall also compare
changes in planned construction lettings with actual project lettings,
changes in project costs of more than twenty-five percent for projects
exceeding fifteen million dollars and the contributing factors for such
project cost changes, and changes in project letting schedules of more
than twelve months and contributing factors for such changes in letting
schedules, and the estimated number of jobs created by each project.
FOR PURPOSES OF THIS SUBDIVISION, "PRELIMINARY PROJECT COST ESTIMATES"
SHALL MEAN PUBLICLY AVAILABLE PROJECT COST ESTIMATES INCLUDING THOSE
REQUIRED BY THE STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM (STIP)
ESTABLISHED PURSUANT TO TITLE 23 U.S.C. SECTIONS 134 AND 135, TITLE 23
C.F.R. PART 450 AND TITLE 49 U.S.C. CHAPTER 53 AND THOSE REQUIRED BY
TRANSPORTATION IMPROVEMENT PROGRAMS (TIPS) AS DEFINED BY TITLE 23 U.S.C.
SECTION 134(B)(6). FOR PROJECTS WITHOUT SUCH ESTIMATES, SUCH TERM SHALL
MEAN ESTIMATES IN THE FOLLOWING RANGES: ONE TO ONE HUNDRED THOUSAND
DOLLARS, ONE HUNDRED THOUSAND TO TWO HUNDRED FIFTY THOUSAND DOLLARS, TWO
HUNDRED FIFTY THOUSAND TO FIVE HUNDRED THOUSAND DOLLARS, FIVE HUNDRED
THOUSAND TO ONE MILLION DOLLARS, ONE MILLION TO TWO MILLION FIVE HUNDRED
THOUSAND DOLLARS, TWO MILLION FIVE HUNDRED THOUSAND TO FIVE MILLION
DOLLARS, FIVE MILLION TO TEN MILLION DOLLARS, TEN MILLION TO FIFTEEN
MILLION DOLLARS, FIFTEEN MILLION TO TWENTY-FIVE MILLION DOLLARS, TWEN-
TY-FIVE MILLION TO SEVENTY-FIVE MILLION DOLLARS, SEVENTY-FIVE MILLION
TO ONE HUNDRED FIFTY MILLION DOLLARS, AND ONE HUNDRED FIFTY MILLION
DOLLARS OR GREATER.
(b) On or before June first, two thousand twenty-two and by June first
of each year thereafter, an accomplishment report for the prior state
fiscal year detailing the amount of funding obligated for major capital
program categories including: pavement preservation, pavement recon-
struction, bridge preservation, bridge rehabilitation or replacement,
safety, and mobility. Such capital report shall present details by
department region, within region by funding source, within funding
source by capital program category and within capital program category
by project phase, including by scoping, preliminary engineering, right-
of-way, final design and construction phase.
(c) On or before June first, two thousand twenty-two and by June first
of each year thereafter, a highway pavement and bridge condition report
that details conditions of state highway pavement by department region
and statewide condition goals for pavement, the condition of state and
locally owned bridges by county and the statewide condition goals for
bridge conditions, as well as the respective goals for each of these
classes for the previous three years.
(d) (i) On or before June first, two thousand twenty-two and by June
first of each year thereafter, a report detailing the [allocation and
disbursement] ALLOCATIONS AND DISBURSEMENTS MADE BY THE DEPARTMENT for
the prior state fiscal year of capital funds appropriated for public
transportation providers within the metropolitan commuter transportation
district that exclude the metropolitan transportation authority and its
subsidiaries, and for public transportation providers outside the metro-
politan commuter transportation district. The report on capital fund use
A. 8694 3
shall indicate the amount of capital funds allocated and disbursed BY
THE DEPARTMENT to each respective transportation provider by capital
element, including, but not limited to: rolling stock and buses, passen-
ger stations, track, line equipment, line structures, signals and commu-
nications, power equipment, emergency power equipment and substations,
shops, yards, maintenance facilities, depots and terminals, service
vehicles, security systems, electrification extensions, and unspecified,
miscellaneous and emergency.
(ii) On or before June first, two thousand twenty-two and by June
first of every fifth year thereafter, the department shall conduct a
needs assessment for each public transportation provider, EXCLUDING THE
METROPOLITAN TRANSPORTATION AUTHORITY AND ITS SUBSIDIARIES, that
includes but is not limited to: vehicle age and condition, facility and
equipment state of good repair, and consistency with federal and state
system safety plans. For purposes of this subparagraph, the term "public
transportation provider" shall mean those public transportation systems
receiving capital funds from the state, and the term "public transporta-
tion system" shall have the same meaning as such term is defined in
subdivision one of section [eighteen-a] EIGHTEEN-B of this article,
EXCLUDING THE METROPOLITAN TRANSPORTATION AUTHORITY AND ITS
SUBSIDIARIES.
§ 2. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2021 amending the transportation law
relating to requiring the department of transportation to annually
prepare and submit to the legislature certain highway pavement and
bridge condition reports, as proposed in legislative bills numbers S.
199-B and A. 4010-B, takes effect.