The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2677
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by  M.  of A. ROZIC, BARRETT, BRONSON, FAHY, HUNTER, JOYNER,
   LUPARDO, MAGNARELLI,  OTIS,  SANTABARBARA,  SEAWRIGHT,  SIMON,  STECK,
   STIRPE,  ZEBROWSKI,  WALLACE,  DICKENS,  VANEL, PHEFFER AMATO, LAVINE,
   JEAN-PIERRE, KIM,  BICHOTTE HERMELYN,  DAVILA,  COLTON,  L. ROSENTHAL,
   WILLIAMS,  CARROLL,  D. ROSENTHAL,  EPSTEIN,  DINOWITZ, PAULIN, JONES,
   WEPRIN,  PEOPLES-STOKES,  McMAHON,  FRIEND,  REYES,  CRUZ,  McDONOUGH,
   BRABENEC,  PALMESANO,  RA, WALSH, JACOBSON -- Multi-Sponsored by -- M.
   of A. COOK, GLICK, HEVESI, HYNDMAN, THIELE -- read once  and  referred
   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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04679-01-3

 A. 2677                             2
 
 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
   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-FOUR. 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
 A. 2677                             3
 
   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:
   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-FOUR 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.