S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7791
 
                             I N  S E N A T E
 
                             January 11, 2022
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 S. 7791                             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
 S. 7791                             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.