Senate Bill S6304A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6304--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2023
                                ___________
 
 Introduced by Sens. KENNEDY, HARCKHAM -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation --
   recommitted  to  the  Committee  on  Transportation in accordance with
   Senate Rule 6, sec. 8 -- 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 maintain a website  or  webpage  where
   users may report defects on state highways and bridges
 
   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 37 to read as follows:
   37. (A) THE DEPARTMENT SHALL MAINTAIN  A  TOLL-FREE  TWENTY-FOUR  HOUR
 DEFECT-REPORTING HOTLINE AND SHALL DEVELOP AND MAKE AVAILABLE A WEBSITE,
 OR DEVELOP AND MAKE AVAILABLE A PAGE ON ITS WEBSITE:
   (I)  PROVIDING  AN  OPPORTUNITY FOR WEBSITE USERS TO REPORT DEFECTS ON
 STATE HIGHWAYS AND BRIDGES, AS WELL AS ANY  OTHER  ARTERIES  WITHIN  THE
 DEPARTMENT'S JURISDICTION; AND
   (II)  PROVIDING  A  WEB  MAPPING  SERVICE  APPLICATION  DISPLAYING THE
 LOCATIONS OF THE REPORTED DEFECTS AND ANY DEPARTMENTAL ACTIONS  RESPOND-
 ING  TO AND REMEDYING THE REPORTED DEFECTS. MAPPING SERVICE APPLICATIONS
 SHALL INCLUDE ANY ADDITIONAL INFORMATION THE DEPARTMENT DEEMS NECESSARY.
   (B) THE WEBSITE SHALL (I) MAKE PROVISION FOR EACH DEFECT  REPORTER  TO
 PROVIDE  THEIR  NAME, AS WELL AS AN ELECTRONIC MAIL ADDRESS OR TELEPHONE
 NUMBER AT WHICH THE REPORTER CAN BE CONTACTED  BY  THE  DEPARTMENT  WITH
 UPDATES ON THE DEFECT REPORTED, THOUGH ANONYMOUS REPORTING SHALL ALSO BE
 PERMITTED;
   (II) TRACK AND PRESERVE DEFECTS REPORTED IN LIST AND MAP FORMAT; AND
   (III)  PROVIDE  AN  OPTION  FOR  REPORTING OF REGION- AND HIGHWAY-WIDE
 DEFECTS AS WELL AS SPECIFIC DEFECTS ALONG MORE PARTICULARIZED LOCATIONS,
 INCLUDING, WITHOUT LIMITATION, MILE MARKERS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05971-02-4
              

 S. 6304--A                          2
 
   (C) THE LISTING AND MAP SHALL BE UPDATED NO LESS THAN ONCE EVERY  FIVE
 DAYS  TO  REFLECT  ANY  DEFECTS  REPORTED  AND REPAIRS MADE. DEFECTS AND
 REPAIRS REPORTED SHALL BE PRESERVED  FOR  A  MINIMUM  OF  THREE  HUNDRED
 SIXTY-FIVE DAYS FROM THE TIME OF REPORTING OR REPAIR.
   (D)  THE DEPARTMENT MAY COLLECT AND REPORT SUCH ADDITIONAL INFORMATION
 AND ISSUES WITH RESPECT TO HIGHWAY AND BRIDGE CONDITIONS AND DEFECTS  AS
 IT DEEMS NECESSARY.
   (E) THE DEPARTMENT SHALL ALSO ENABLE PERSONS TO REPORT DEFECTS LOCATED
 ON THE STATE THRUWAY SYSTEM ON THIS INTERACTIVE WEBSITE AND APPLICATION,
 AND  IS AUTHORIZED AND DIRECTED TO COORDINATE WITH THE THRUWAY AUTHORITY
 IN CREATING OR MODIFYING THE  INTERACTIVE  WEBSITE  AND  APPLICATION  TO
 SHARE, OR ENABLE THE THRUWAY AUTHORITY TO RECEIVE, REPORTS OF DEFECTS IN
 LOCATIONS  FOR  WHICH  IT  IS RESPONSIBLE NO MORE THAN TWENTY-FOUR HOURS
 AFTER THE DEFECT IS  REPORTED. THE DEPARTMENT IS AUTHORIZED  TO  PROVIDE
 THE  THRUWAY  AUTHORITY  WITH  JOINT  ACCESS TO MAINTAIN AND MONITOR THE
 INTERACTIVE WEBSITE AND APPLICATION,  AND MAY ENTER INTO A  COST-SHARING
 ARRANGEMENT WITH THE AUTHORITY.
   (F)  TO  THE  EXTENT  PRACTICABLE,  THE  DEPARTMENT  SHALL COMMUNICATE
 DEFECTS REPORTED TO ITS INTERACTIVE WEBSITE AND  APPLICATION  ON  COUNTY
 ROADS  AND TOWN HIGHWAYS TO THE LOCAL OFFICIAL RESPONSIBLE FOR SUCH ROAD
 OR HIGHWAY.  THE COMMISSIONER SHALL DISCUSS ANY DIFFICULTIES ENCOUNTERED
 BY SUCH COMMISSIONER IN IMPLEMENTING THIS  PARAGRAPH  DURING  THE  JOINT
 LEGISLATIVE BUDGET HEARING CONVENED PURSUANT TO ARTICLE VII OF THE STATE
 CONSTITUTION AND SECTION THIRTY-ONE OF THE LEGISLATIVE LAW, BEGINNING NO
 LATER  THAN  THE  HEARING  TO BE SCHEDULED IN CALENDAR YEAR TWO THOUSAND
 TWENTY-FIVE.
   (G) NOTHING IN THIS AUTHORIZATION SHALL PRECLUDE THE  DEPARTMENT  FROM
 PERMITTING  DEFECTS UNRELATED TO THE ROAD AND HIGHWAY NETWORK FROM BEING
 REPORTED TO THIS WEBSITE OR APPLICATION.
   (H) IDENTIFYING INFORMATION FOR THE DEFECT REPORTER  SHALL  BE  EXEMPT
 FROM  THE PROVISIONS OF SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW,
 AND SHALL NOT BE SHARED BY THE DEPARTMENT OR THRUWAY  AUTHORITY  OR  ANY
 ENTITY  WITH  WHOM THE DEPARTMENT OR AUTHORITY CONTRACTS IN IMPLEMENTING
 THIS LEGISLATION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.