The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
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                                  199--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  KAPLAN,  KENNEDY, GAUGHRAN, KAMINSKY, MAY -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Transportation  --  committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 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. Section 14 of the transportation law is amended by adding a
 new subdivision 36 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 FIRST, TWO THOUSAND TWENTY-ONE AND BY JANUARY
 FIRST  OF  EACH  YEAR  THEREAFTER,  A  REPORT FOR EACH FORTHCOMING 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 FORTHCOM-
 ING 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03335-03-1

 S. 199--A                           2
 
 NUMBER,  AND  PROJECT  COST ESTIMATES. SUCH REPORT SHALL PRESENT PROJECT
 LETTING DETAILS BY DEPARTMENT REGION, WITHIN REGION BY  FUNDING  SOURCE,
 WITHIN  FUNDING  SOURCE  BY CAPITAL PROGRAM CATEGORY (PAVEMENT PRESERVA-
 TION,  PAVEMENT  RECONSTRUCTION,  BRIDGE  PRESERVATION, BRIDGE REHABILI-
 TATION 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, 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.
   (B) ON OR BEFORE JUNE FIRST, TWO THOUSAND TWENTY-ONE 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-ONE 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-ONE AND BY JUNE
 FIRST OF EACH YEAR THEREAFTER, A REPORT  DETAILING  THE  ALLOCATION  AND
 DISBURSEMENT  FOR  THE PRIOR STATE FISCAL YEAR OF FUNDS APPROPRIATED FOR
 PUBLIC TRANSPORTATION PROVIDERS WITHIN THE METROPOLITAN COMMUTER  TRANS-
 PORTATION DISTRICT THAT EXCLUDE THE METROPOLITAN TRANSPORTATION AUTHORI-
 TY AND ITS SUBSIDIARIES, AND FOR PUBLIC TRANSPORTATION PROVIDERS OUTSIDE
 THE  METROPOLITAN  COMMUTER  TRANSPORTATION DISTRICT. THE REPORT ON FUND
 USE SHALL INDICATE THE AMOUNT OF FUNDS ALLOCATED AND DISBURSED  TO  EACH
 RESPECTIVE  TRANSPORTATION  PROVIDER  BY CAPITAL ELEMENT, INCLUDING, BUT
 NOT LIMITED TO: ROLLING STOCK AND BUSES, PASSENGER STATIONS, TRACK, LINE
 EQUIPMENT, LINE STRUCTURES, SIGNALS AND COMMUNICATIONS, POWER EQUIPMENT,
 EMERGENCY POWER EQUIPMENT AND  SUBSTATIONS,  SHOPS,  YARDS,  MAINTENANCE
 FACILITIES,  DEPOTS  AND  TERMINALS, SERVICE VEHICLES, SECURITY SYSTEMS,
 ELECTRIFICATION EXTENSIONS, AND UNSPECIFIED, MISCELLANEOUS AND  EMERGEN-
 CY.
   (II)  ON OR BEFORE JULY FIFTEENTH, TWO THOUSAND TWENTY-ONE AND BY JULY
 FIFTEENTH OF EVERY FIFTH YEAR THEREAFTER, THE DEPARTMENT SHALL CONDUCT A
 NEEDS ASSESSMENT FOR EACH PUBLIC TRANSPORTATION PROVIDER  THAT  INCLUDES
 BUT IS NOT LIMITED TO: VEHICLE AGE AND CONDITION, FACILITY AND EQUIPMENT
 STATE  OF  GOOD REPAIR, CONSISTENCY WITH FEDERAL AND STATE SYSTEM SAFETY
 PLANS, AND AVAILABILITY OF FEDERAL AND LOCAL  RESOURCES  TO  COMPLETE  A
 PROJECT. FOR PURPOSES OF THIS SUBPARAGRAPH, THE TERM "PUBLIC TRANSPORTA-
 TION  PROVIDER" SHALL MEAN THOSE PUBLIC TRANSPORTATION SYSTEMS RECEIVING

 S. 199--A                           3
 
 CAPITAL FUNDS FROM  THE  STATE,  AND  THE  TERM  "PUBLIC  TRANSPORTATION
 SYSTEM"  SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN SUBDIVI-
 SION ONE OF SECTION EIGHTEEN-A OF THIS ARTICLE.
   § 2. This act shall take effect immediately.