The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    199
 
                        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
 
 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 JUNE FIRST, TWO THOUSAND TWENTY-ONE AND BY JUNE 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 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 PROJECT COST ESTIMATES. SUCH REPORT SHALL  PRESENT  PROJECT  LETTING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03335-01-1

 S. 199                              2
 
 DETAILS  BY  DEPARTMENT  REGION, WITHIN REGION BY FUNDING SOURCE, WITHIN
 FUNDING SOURCE BY CAPITAL PROGRAM CATEGORY (PAVEMENT PRESERVATION, PAVE-
 MENT  RECONSTRUCTION,  BRIDGE  PRESERVATION,  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 INFORMA-
 TION. 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) ON OR BEFORE JUNE FIRST, TWO THOUSAND TWENTY-ONE AND BY JUNE FIRST
 OF EACH YEAR THEREAFTER, A REPORT DETAILING THE ALLOCATION AND DISBURSE-
 MENT  FOR  THE  PRIOR STATE FISCAL YEAR OF 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 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, ELECTRIFICA-
 TION EXTENSIONS, AND UNSPECIFIED, MISCELLANEOUS AND EMERGENCY.  FURTHER,
 THE DEPARTMENT SHALL CONDUCT A NEEDS ASSESSMENT FOR EACH  PUBLIC  TRANS-
 PORTATION  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.
   § 2. This act shall take effect immediately.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  199--B
     Cal. No. 420
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. KAPLAN, KENNEDY, COONEY, GAUGHRAN, HINCHEY, KAMIN-
   SKY, MANNION, 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 -- reported favorably from said  committee,  ordered
   to  first  and  second  report,  ordered to a third reading, passed by
   Senate and delivered to the  Assembly,  recalled,  vote  reconsidered,
   restored  to  third  reading, amended and ordered reprinted, retaining
   its place in the order of third reading
 
 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-TWO 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-
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03335-08-1

 S. 199--B                           2
 
 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
 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, 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.
   (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  FOR THE PRIOR STATE FISCAL YEAR OF CAPITAL FUNDS APPROPRI-
 ATED FOR PUBLIC TRANSPORTATION PROVIDERS WITHIN THE METROPOLITAN  COMMU-
 TER TRANSPORTATION DISTRICT THAT EXCLUDE THE METROPOLITAN TRANSPORTATION
 AUTHORITY  AND ITS SUBSIDIARIES, AND FOR PUBLIC TRANSPORTATION PROVIDERS
 OUTSIDE THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT. THE REPORT ON
 CAPITAL FUND USE SHALL INDICATE THE AMOUNT OF  CAPITAL  FUNDS  ALLOCATED
 AND  DISBURSED  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  THAT  INCLUDES

 S. 199--B                           3
 
 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 TRANS-
 PORTATION  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 OF THIS ARTICLE.
   § 2. This act shall take effect immediately.