Public Hearing - February 6, 2025
          
    
          
   
  
  
                                                                       1
 1  BEFORE THE NEW YORK STATE SENATE FINANCE
    AND ASSEMBLY WAYS AND MEANS COMMITTEES
 2  ----------------------------------------------------
            JOINT LEGISLATIVE HEARING
 3             In the Matter of the
            2025-2026 EXECUTIVE BUDGET
 4              ON TRANSPORTATION
    
 5  ----------------------------------------------------
    
 6                              Hearing Room B 
                                Legislative Office Building
 7                              Albany, New York 
    
 8                              February 6, 2025
                                9:38 a.m.
 9  
10  PRESIDING:
11            Senator Liz Krueger
              Chair, Senate Finance Committee
12  
              Assemblyman J. Gary Pretlow
13            Chair, Assembly Ways and Means Committee
    
14  PRESENT:
15            Senator Thomas F. O'Mara
              Senate Finance Committee (RM)
16  
              Assemblyman Edward P. Ra 
17            Assembly Ways & Means Committee (RM)
    
18            Assemblyman William B. Magnarelli
              Chair, Assembly Committee on Transportation
19  
              Senator Jeremy Cooney
20            Chair, Senate Committee on Transportation
    
21            Senator Leroy Comrie
              Chair, Senate Committee on Corporations, 
22             Authorities & Commissions
    
23            Assemblyman Edward C. Braunstein
              Chair, Assembly Committee on Corporations,
24             Authorities & Commissions
    
                                                                   2
 1  2025-2026 Executive Budget
    Transportation
 2  2-6-25
    
 3  PRESENT:  (Continued)
 4            Assemblyman Jonathan G. Jacobson
    
 5            Assemblyman Charles D. Fall
    
 6            Assemblywoman Emily Gallagher
    
 7            Assemblywoman Jessica González-Rojas
    
 8            Assemblyman Steven Otis
    
 9            Assemblywoman Jo Anne Simon
    
10            Senator John C. Liu
    
11            Assemblywoman Marcela Mitaynes
    
12            Senator Roxanne Persaud
    
13            Assemblyman Philip A. Palmesano
    
14            Assemblywoman Michaelle Solages
    
15            Senator Peter Oberacker
    
16            Assemblyman Scott Bendett
    
17            Assemblyman Harvey Epstein
    
18            Assemblywoman Claire Valdez
    
19            Senator Siela A. Bynoe
    
20  
    
21
22
23
24
                                                                   3
 1  2025-2026 Executive Budget
    Transportation
 2  2-6-25
    
 3  PRESENT:  (Continued)
 4            Assemblywoman MaryJane Shimsky
    
 5            Assemblywoman Jodi Giglio
    
 6            Assemblyman Michael Durso
    
 7            Senator Monica R. Martinez
    
 8            Assemblyman Matt Slater
    
 9            Assemblyman Brian D. Miller
    
10            Assemblyman Tony Simone
    
11            Assemblywoman Yudelka Tapia
    
12            Assemblyman George Alvarez
    
13            Assemblyman Alex Bores
    
14            Senator Cordell Cleare
    
15            Assemblywoman Gabriella A. Romero
    
16            Assemblyman Manny De Los Santos
    
17            Assemblywoman Larinda C. Hooks
    
18            Assemblyman Chris Eachus
    
19            Assemblyman Jake Blumencranz
    
20            Assemblywoman Andrea K. Bailey
    
21  
    
22  
    
23  
24
                                                                   4
 1  2025-2026 Executive Budget
    Transportation
 2  2-6-25
    
 3                     LIST OF SPEAKERS
    
 4                                        STATEMENT  QUESTIONS
    
 5  Marie Therese Dominguez
    Commissioner 
 6  NYS Department of 
     Transportation                           12        22
 7  
    Janno Lieber 
 8  Chairman and CEO 
    Metropolitan Transportation 
 9   Authority (MTA)                         174       185
    
10  Mark J.F. Schroeder 
    Commissioner
11  New York State Department
     of Motor Vehicles                       
12       -and-
    Frank G. Hoare
13  Interim Executive Director
    NYS Thruway Authority                   324       341
14  
15
16
17
18
19
20
21
22
23
24
                                                                   5
 1  2025-2026 Executive Budget
    Transportation
 2  2-6-25
    
 3                     LIST OF SPEAKERS, Continued 
    
 4                                       STATEMENT  QUESTIONS
    
 5  James Morrell 
    President
 6  NY Public Transit Association
         -and-
 7  Michael Burridge
    NYS Director of Government
 8   Relations
    ACEC New York
 9       -and-
    Gary Prophet 
10  President
    Empire State Passengers Assn.            
11       -and-
    Richard O'Malley
12  Director of Government Affairs
         -and-
13  Lisa Daglian
    Executive Director
14  Permanent Citizens Advisory
     Committee to the MTA                   449       465                 
15  
    
16  
17
18
19
20
21
22
23
24
                                                                   6
 1  2025-2026 Executive Budget
    Transportation
 2  2-6-25
    
 3                     LIST OF SPEAKERS, Continued 
    
 4                                       STATEMENT  QUESTIONS
    
 5  Colleen Thomas
    Director, Planning and 
 6    Infrastructure Department
    Saint Regis Mohawk Tribe 
 7       -and-
    Matt Mustico 
 8  President
    NYS Association of Town
 9   Superintendents of Highways
         -and-
10  Kevin Hajos
    President
11  NYS County Highway Superintendents 
     Association
12       -and-
    Walter Pacholczak
13  VP of Government Affairs
    Associated General Contractors
14   of New York State                     
         -and-
15  John Cooney, Jr.
    Executive Director
16  Construction Industry Council of
     Westchester & Hudson Valley, Inc. 
17       -and-
    Fred Hiffa
18  Consultant
    Rebuild NY Now                            478       495
19   
    
20  
21
22
23
24
                                                                   7
 1  2025-2026 Executive Budget
    Transportation
 2  2-6-25
    
 3                     LIST OF SPEAKERS, Continued 
    
 4                                       STATEMENT  QUESTIONS
    
 5  
    Sawyer Bailey
 6  Executive Director
    AdkAction
 7       -and-
    Ronald L. Epstein
 8  President & CEO
    New York Construction
 9   Materials Association
         -and-
10  Mark Heefner
    President
11  New York Aviation Management 
     Association (NYAMA)
12       -and-
    John Hroncich
13  Director, North American 
     Transit Sales
14  BAE Systems
         -and-
15  Kevin Byrne
    County Executive 
16  Putnam County                            522       539
    
17  Christopher D. Greif
    President
18  ADA Accessibility 
     Transportation Group                   559       563
19  
20
21
22
23
24
                                                                   8
 1                  CHAIRMAN PRETLOW:  I'm Gary Pretlow, 
 2           chair of the Assembly Ways and Means 
 3           Committee.  Today we begin the sixth in a 
 4           series of hearings conducted by the joint 
 5           fiscal committees of the Legislature 
 6           regarding the Governor's proposed budget for 
 7           fiscal year 2025-2026.  
 8                  The hearings are conducted pursuant to 
 9           the New York State Constitution and the 
10           Legislative Law.
11                  Today the Assembly Ways and Means 
12           Committee and the Senate Finance Committee 
13           will hear testimony concerning the Governor's 
14           proposed budget for transportation.  
15                  I will now introduce participating 
16           members from the Assembly.  After that, 
17           Senator Krueger will introduce members from 
18           the Senate.  In addition, ranking Ways and 
19           Means Committee -- ranking member of Ways 
20           and Means Ed Ra will introduce members from 
21           his conference.
22                  We have Transportation Chair 
23           Magnarelli, Corporations Chair Braunstein.  
24           Also with us we have Tony Simone, Michaelle 
                                                                   9
 1           Solages -- I'm sorry, Assemblyman Simone, 
 2           Assemblywoman Solages, Assemblyman Epstein, 
 3           Assemblywoman Mitaynes, Assemblyman Alvarez, 
 4           Assemblyman Eachus, Assemblywoman Valdez, 
 5           Assemblyman Fall, Assemblywoman Tapia, 
 6           Assemblyman Bores and Assemblywoman Shimsky.  
 7                  Senator?  
 8                  CHAIRWOMAN KRUEGER:  Good morning.  
 9           I'm Senator Liz Krueger.  I'm joined by 
10           chair of Transportation Jeremy Cooney; 
11           Senator Leroy Comrie, chair of Corporations; 
12           Senator John Liu, Senator Roxanne Persaud, 
13           Senator Bynoe.  And I see Senator Oberacker, 
14           the ranker on Transportation.
15                  Are there any other Republican 
16           Senators here?
17                  (No response.)
18                  CHAIRWOMAN KRUEGER:  Okay, it's yours.
19                  CHAIRMAN PRETLOW:  Assemblyman Ra?  
20                  ASSEMBLYMAN RA:  Good morning.  
21                  We are joined by Assemblyman Brian 
22           Miller, our ranker on Transportation, as well 
23           as Assemblyman Mike Durso and Assemblyman 
24           Matt Slater.
                                                                   10
 1                  CHAIRMAN PRETLOW:  Thank you.
 2                  ASSEMBLYMAN RA:  And Assemblyman Scott 
 3           Bendett, I'm sorry.
 4                  CHAIRMAN PRETLOW:  Now I'm going to go 
 5           over the rules of the road.
 6                  Time limits.  Governmental witnesses 
 7           will have 10 minutes to testify.  
 8           Nongovernmental witnesses will have three 
 9           minutes.  
10                  The chairs of the relevant committees 
11           will each get 10 minutes to question each 
12           witness, with the opportunity or option of a 
13           three minute follow-up at the end of 
14           questioning.  Ranking members of each 
15           committee will each get five minutes.  All 
16           other members of the relevant committees will 
17           get three minutes each.
18                  To all witnesses.  All written 
19           testimony has been submitted to the 
20           Legislature in advance so we ask that all 
21           witnesses please do not read your written 
22           testimony to us.  Instead, please summarize.
23                  To all legislators.  Please let myself 
24           or Senator Krueger know if you wish to 
                                                                   11
 1           question a witness or panel of witnesses.  
 2           After opening remarks of each witness or 
 3           panel of witnesses has been concluded, the 
 4           list will be closed.
 5                  To everyone.  Witnesses and 
 6           legislators should locate a time clock and 
 7           keep an eye on it.  Please note that when the 
 8           clock turns to zero, you will be alerted that 
 9           your time is up.  
10                  Please be considerate and respect the 
11           clock so that everyone has a chance to be 
12           heard.  When you see the yellow light come 
13           on, that means you have 30 seconds to finish 
14           your question or your response -- or 
15           actually, your response.
16                  Please note that these time frames for 
17           questioning include both questions and 
18           answers.  So members are respectfully 
19           requested not to commence a new question with 
20           insufficient time on the clock to permit a 
21           witness to answer.
22                  Due to the length of our hearings, we 
23           have no alternative but to strictly enforce 
24           these time limits.  
                                                                   12
 1                  I should add that any witness for 
 2           later in the day who is here and has not 
 3           checked in, please do so at the top of the 
 4           stairs.
 5                  With that, we will begin with 
 6           Commissioner of Transportation Ms. Therese -- 
 7           no, I'm sorry, Ms. Dominguez.
 8                  Okay, good morning.
 9                  CHAIRWOMAN KRUEGER:  Good morning.  
10                  DOT COMMISSIONER DOMINGUEZ:  
11           Chairpersons Krueger, Pretlow, Cooney and 
12           Magnarelli, and members of the State 
13           Legislature joining us today.  On behalf of 
14           Governor Kathy Hochul, I'd like to thank you 
15           for the opportunity to talk about the 
16           Department of Transportation, the critical 
17           work that we do, the diverse communities we 
18           serve and, most importantly, the amazing 
19           people who make it all happen.  
20                  It's New York State DOT's 8400+ 
21           dedicated employees:  Snowplow drivers, who 
22           are out and have been out all night, for 
23           those of you coming in this morning; 
24           mechanics, environmental specialists, drill 
                                                                   13
 1           rig operators, engineers, motor carrier and 
 2           rail inspectors -- every member of our team.  
 3           They are truly our most important asset.  
 4           They are the ones who keep New Yorkers 
 5           moving -- safely.  
 6                  Last year, more than 2800 lane-miles 
 7           of state and local highways were improved, 
 8           and more than 3100 bridges were replaced, 
 9           rehabilitated or improved, thanks to the 
10           support of Governor Hochul and our partners 
11           here in the Legislature.  That vital work 
12           continues in 2025.  
13                  Why? Because transportation moves 
14           New York Forward.  Private-sector employment 
15           in New York increased by more than 7,000 jobs 
16           in December alone, with the unemployment rate 
17           at 4.4 percent.  One key reason for that is 
18           the historic investments being made in 
19           infrastructure, which generate an estimated 
20           13 jobs for every million dollars invested.  
21                  New York, under Governor Kathy Hochul, 
22           is making nation-leading investments to 
23           modernize our infrastructure, reconnect and 
24           revitalize our communities, and grow our 
                                                                   14
 1           economy.  The people of New York are always 
 2           Governor Hochul's priority.  She is always 
 3           working to make our state a safer and more 
 4           affordable place to live and work.  
 5                  NYSDOT shares this vision and is 
 6           making it a reality by putting people at the 
 7           center of our transportation planning.  With 
 8           the largest five-year capital plan in NYSDOT 
 9           history, currently proposed at $34.1 billion, 
10           our infrastructure is being transformed and 
11           new jobs are being created across New York 
12           every single day.  
13                  That growth will only continue with 
14           the investments being put forward by the 
15           Governor in this year's budget.  DOT's 
16           capital plan includes hundreds of road and 
17           bridge projects that will enhance safety and 
18           improve quality of life for residents in 
19           every corner of the state.  It is also 
20           uniting communities long divided by concrete 
21           highways -- undoing the planning mistakes of 
22           the past, and providing new opportunities for 
23           growth.  It will certainly transform the 
24           state's infrastructure, creating a safer, 
                                                                   15
 1           healthier, and more sustainable New York.  
 2                  We see that already in places like 
 3           Rochester, where the Inner Loop Project has 
 4           revitalized downtown neighborhoods, and in 
 5           Syracuse, where the project to remove the 
 6           Interstate 81 viaduct is generating jobs, 
 7           economic development, and a new vibrancy in 
 8           and around Central New York.  
 9                  Here in the City of Albany, the 
10           Governor's budget includes funds to begin the 
11           environmental review process to reimagine the 
12           Interstate 787 corridor and provide greater 
13           access to the Hudson River.  DOT is also 
14           connecting the cities of Albanaer -- Albany 
15           and Rensselaer -- maybe that's a new way of 
16           calling it -- 
17                  (Laughter.)
18                  DOT COMMISSIONER DOMINGUEZ:  -- Albany 
19           and Rensselaer with a new Hudson River 
20           crossing which will provide more reliable 
21           train service by replacing the Civil War-era 
22           Livingston Avenue Bridge.  
23                  In the South Bronx, we have begun the 
24           environmental review process for a project to 
                                                                   16
 1           repair and replace five bridges along the 
 2           Cross Bronx Expressway that have reached the 
 3           end of their service life.  This safety 
 4           project, which is still in the design phase, 
 5           is foundational to our efforts to "Reimagine 
 6           the Cross Bronx" corridor, and we are 
 7           committed to meaningful community engagement 
 8           throughout the process.  
 9                  Simultaneously, the Governor's budget 
10           also contains funding to build on the work of 
11           the Reimagine the Cross Bronx Visioning Study 
12           and further assess options to reimagine how 
13           we better connect the community, including 
14           capping portions of the highway.  
15                  In Manhattan, we're commencing a study 
16           on the West Side Highway to identify existing 
17           needs and potential enhancements to better 
18           serve all users of the system, including 
19           pedestrians and cyclists.  
20                  In Western New York, the DOT is 
21           embarking on a project to enhance safety at 
22           an intersection in the fast-growing town of 
23           Orchard Park, home of the Buffalo Bills, 
24           where the construction of a roundabout along 
                                                                   17
 1           Armor Duells Road is contemplated.  
 2                  More than $90 million will be spent on 
 3           projects to repave the Long Island Expressway 
 4           from the Nassau/Queens line to Exit 48 in 
 5           Suffolk County.  
 6                  And in the Western Southern Tier we 
 7           will begin a $57 million Gateway Connection 
 8           Project which will revitalize downtown 
 9           Hornell.  
10                  We're also making our infrastructure 
11           more resilient with projects like the 
12           $26 million project in Westchester County to 
13           raise Annsville Circle in the Town of 
14           Cortlandt and to prevent flooding.  
15                  To achieve the objectives of DOT's 
16           capital plan, the Governor's Executive Budget 
17           includes an additional $800 million to ensure 
18           that the department has the purchasing power 
19           it needs to make these projects a reality.  
20                  Additionally, there's $100 million to 
21           maintain CHIPS and State Touring Routes, 
22           bringing the overall state investment to more 
23           than a billion dollars in local assistance.  
24           That's the largest amount of funding for 
                                                                   18
 1           localities ever provided in a NYSDOT capital 
 2           plan and represents an increase of 85 percent 
 3           over the last plan.  
 4                  Governor Hochul is also a big 
 5           supporter of mass transit.  Transit Operating 
 6           Aid, under the Executive Budget proposal, is 
 7           projected to be over $9 billion for statewide 
 8           transit systems.  
 9                  Investing in transit and clean 
10           technology is critical to achieving our 
11           sustainability goals.  The Regional Transit 
12           Service in Rochester recently unveiled two 
13           new hydrogen fuel cell electric buses with 
14           support from the state, and this budget 
15           proposes $100 million in additional non-MTA 
16           transit capital funding for similar 
17           initiatives, with $20 million to help transit 
18           providers transition to zero-emission fleets. 
19           This builds upon the $100 million in state 
20           funding under our Zero-Emission Transit 
21           Transition Program, otherwise known as ZETT, 
22           which the Governor just announced.  
23                  Ensuring affordable, reliable train 
24           service is also a cornerstone of this budget, 
                                                                   19
 1           which includes $25 million to improve rail 
 2           service in the Hudson Valley, a region that 
 3           is experiencing some of the state's fastest 
 4           growth and is home to several major employers 
 5           and popular destinations, including LegoLand.  
 6                  The Governor's vision includes 
 7           game-changing investments in upstate 
 8           airports, with work continuing under the 
 9           $230 million Upstate Airport Economic 
10           Development and Revitalization Competition. 
11                  And of course it's the dedicated men 
12           and women at NYSDOT who make all of these 
13           achievements possible.  And that’s why we 
14           will continue to put a premium on worker 
15           protection.  Our maintenance workers operate 
16           in inherently dangerous conditions, as we 
17           witnessed with the tragic deaths of two 
18           Thruway Authority workers last year.  And 
19           with the frightening video -- which many of 
20           you may have seen -- of our own DOT worker 
21           who was working down in the Southern Tier and 
22           was nearly killed when a box truck driver was 
23           distracted and ran off the road.  
24                  With your help, DOT implemented an 
                                                                   20
 1           Automated Work Zone Speed Enforcement Pilot 
 2           Program to get New Yorkers to slow down in 
 3           work zones.  Since the launch of the program 
 4           in 2023, there have been no recorded worker 
 5           injuries or fatalities in areas where we 
 6           deployed the program.  And in locations where 
 7           the cameras have been present more than once, 
 8           fewer notices of violation are being issued, 
 9           meaning that people are slowing down.  
10                  The bottom line is the program is 
11           working.  The Governor's budget proposes to 
12           make this pilot program permanent, and with 
13           support from the Legislature we will do just 
14           that.  
15                  In addition, the budget proposes 
16           extending existing legislation to protect our 
17           highway maintenance workers from assault and 
18           harassment.  We must do all we can to keep 
19           our people safe, because they truly are the 
20           ones who are out there on the roads every day 
21           keeping us safe.  
22                  Our maintenance workers are also on 
23           the frontlines against another menace -- 
24           climate change, which is increasing the 
                                                                   21
 1           frequency and severity of weather events and 
 2           truly battering our roads, bridges and 
 3           culverts.  
 4                  And there's no state that does snow 
 5           and ice and emergency response better than 
 6           New York State.  New Yorkers see our DOT team 
 7           out there all the time, plowing in the frigid 
 8           weather, repairing damage from tropical 
 9           storms and tornados, fixing traffic lights, 
10           bridges and culverts.  We're out there 
11           24/7/365.  We're on it.  
12                  As I have stated, the New York State 
13           Department of Transportation is integral to 
14           the fabric of every community in New York 
15           State.  We keep New Yorkers on the move, and 
16           we work to provide an accessible, reliable 
17           and affordable transportation network that 
18           drives our economy forward and, above all, 
19           keeps people safe.  
20                  On behalf of Governor Kathy Hochul, I 
21           look forward to working with you in each of 
22           your communities as DOT continues to carry 
23           out our critical mission and, together, we 
24           move New York Forward.  
                                                                   22
 1                  CHAIRMAN PRETLOW:  Assemblyman 
 2           Magnarelli, 10 minutes.
 3                  ASSEMBLYMAN MAGNARELLI:  Good morning, 
 4           Commissioner.  How are you?
 5                  DOT COMMISSIONER DOMINGUEZ:  Good 
 6           morning, sir.
 7                  CHAIRMAN PRETLOW:  Not a great day to 
 8           be the DOT commissioner -- 
 9                  (Laughter.)
10                  ASSEMBLYMAN MAGNARELLI:  -- and I'm 
11           sure there's a lot of people out there who -- 
12           well, we all got here, so it be must have 
13           been okay.  All right?  Well, thank you for 
14           being here.  
15                  First of all, I'm going to get right 
16           into the questions, not a lot of background, 
17           okay?  
18                  The Executive proposal includes an 
19           additional $800 million in the DOT capital 
20           plan to restore purchasing power.  Is this 
21           funding sufficient to restore the purchasing 
22           power for the remainder of the capital plan, 
23           or will another appropriation to restore the 
24           purchasing power be required next year?
                                                                   23
 1                  DOT COMMISSIONER DOMINGUEZ:  The 
 2           Governor has put forward $800 million to 
 3           restore our purchasing power, and indeed it 
 4           goes -- it is that amount of money that we 
 5           need to actually move forward our purchasing 
 6           power.  We've seen all of the effects of 
 7           supply chain and other issues, COVID, 
 8           et cetera.  We need to make sure that we 
 9           restore the ability for DOT to complete this 
10           capital plan.
11                  ASSEMBLYMAN MAGNARELLI:  Well, we 
12           don't disagree with that.  I just wonder if 
13           it's enough, or will we be looking at this 
14           again next year?  Which isn't a problem, it's 
15           just a question.  
16                  DOT COMMISSIONER DOMINGUEZ:  Sir, if I 
17           had a crystal ball and were able to predict 
18           everything, that would be one thing.  But I 
19           think that the amount that the Governor has 
20           put forward is indeed a huge step in the 
21           right direction to actually resolve a number 
22           of issues.
23                  ASSEMBLYMAN MAGNARELLI:  That kind of 
24           gets into my next question.  Has inflation 
                                                                   24
 1           slowed down the implementation of the capital 
 2           plan to date, up to now?  How has this issue 
 3           been addressed up to this point without the 
 4           $800 million?  Are we behind?  
 5                  DOT COMMISSIONER DOMINGUEZ:  What we 
 6           do at New York State DOT is actually track 
 7           the cost indices for all of our materials, 
 8           whether it's steel, concrete, asphalt, fuel, 
 9           et cetera.
10                  So regardless of what the supply chain 
11           looks like or what some of the other 
12           inflationary factors have looked like, you 
13           know that DOT is delivering on our 
14           commitments under the capital plan.  That 
15           commitment -- 
16                  ASSEMBLYMAN MAGNARELLI:  So we're not 
17           getting behind in projects or not being able 
18           to start projects or --
19                  DOT COMMISSIONER DOMINGUEZ:  What 
20           we've been able to do very successfully is 
21           make sure the projects that are contained in 
22           the MOU, the agreement between the Executive 
23           and the Legislature for the five-year capital 
24           plan, those projects are being executed.  
                                                                   25
 1                  If we run into any concern -- it could 
 2           be we dig and we find something, a geological 
 3           impediment, et cetera -- and it's going to 
 4           delay the project and we know that it's not 
 5           going to happen in this capital plan, we have 
 6           other projects we can pull in to deliver on 
 7           the same commitments that the Legislature 
 8           made with the Executive, regardless of where 
 9           it is in the state.
10                  ASSEMBLYMAN MAGNARELLI:  Okay.  Let's 
11           move over to non-MTA mass transit capital.  
12           The proposed fourth year of the capital plan 
13           includes 220 million for non-MTA mass transit 
14           capital, an increase of $100 million above 
15           the approved fourth year funding level.
16                  Is this the level of funding targeted 
17           toward -- is this level of funding targeted 
18           the maintenance and the normal replacement of 
19           assets?  Or is it your expectation that this 
20           level of funding would improve service?  
21                  DOT COMMISSIONER DOMINGUEZ:  It should 
22           do both, sir.
23                  ASSEMBLYMAN MAGNARELLI:  It should do 
24           both?  Okay.
                                                                   26
 1                  The Executive proposal continues to 
 2           provide $20 million for electric bus 
 3           procurements.  The previous funding for this 
 4           program was allowed to accumulate for 
 5           five years before it was made available.  
 6           When do you expect this new funding to be 
 7           made available?
 8                  DOT COMMISSIONER DOMINGUEZ:  We 
 9           actually have a solicitation out, so it 
10           will -- the electric buses, what we tried to 
11           do is make sure that we garnered enough money 
12           together so that it would be a meaningful 
13           notice of financial opportunity, a NOFO that 
14           was available to all the transit agencies.  
15           So when we actually did put out the 
16           solicitation for electric vehicles, it was 
17           significant.
18                  In addition to all of that, like I 
19           said in my testimony, we also just put out a 
20           new program called ZETT, which is also aimed 
21           for the non-MTA transit authorities, 
22           $100 million available for them to apply for 
23           zero-emission vehicles.
24                  As well as facilities, charging 
                                                                   27
 1           equipment, a lot of other -- the component 
 2           parts that go into not just the purchase of 
 3           an electric bus, but all of the accompanying 
 4           materials that they might need access to.
 5                  ASSEMBLYMAN MAGNARELLI:  Okay, thank 
 6           you.
 7                  Reconnecting communities.  The 
 8           Executive proposal includes $75 million to 
 9           advance plans to reconnect communities 
10           divided by 787 and the Cross Bronx 
11           Expressway.  I'm going to leave that for 
12           other people, because I know you're going to 
13           get questions on that.
14                  But I have questions on some other 
15           plans.  What is the status of Route 17?
16                  DOT COMMISSIONER DOMINGUEZ:  The -- 
17           which portion of Route 17?  Is it the 
18           17-to-86 project?
19                  ASSEMBLYMAN MAGNARELLI:  Yeah.
20                  DOT COMMISSIONER DOMINGUEZ:  So there 
21           is a -- we have a very large project underway 
22           down in the Hudson Valley to convert Route 17 
23           to interstate standards, otherwise known as 
24           86.  We've been working on it, on the 
                                                                   28
 1           environmental process.  We've conducted 
 2           almost 50 outreach meetings over the course 
 3           of the environmental review process.  And we 
 4           are advancing the project.  
 5                  ASSEMBLYMAN MAGNARELLI:  So it's 
 6           moving along.
 7                  DOT COMMISSIONER DOMINGUEZ:  It is 
 8           moving along.  And I have every expectation 
 9           that it will be literally commenced before 
10           the end of this capital plan.
11                  ASSEMBLYMAN MAGNARELLI:  I'm trying to 
12           stay within the 10 minutes, so pardon me, 
13           okay?
14                  The Kensington Expressway project has 
15           faced judicial roadblocks.  What is the 
16           status of that project?  
17                  DOT COMMISSIONER DOMINGUEZ:  It is 
18           currently in litigation, awaiting a judicial 
19           decision.
20                  ASSEMBLYMAN MAGNARELLI:  So it's kind 
21           of stopped at this point.
22                  DOT COMMISSIONER DOMINGUEZ:  At this 
23           point in time we're waiting for the judge to 
24           rule.
                                                                   29
 1                  ASSEMBLYMAN MAGNARELLI:  When will 
 2           Hunts Point Access Project be completed?  And 
 3           I've got to be honest, I don't even know what 
 4           that is.
 5                  DOT COMMISSIONER DOMINGUEZ:  Hunts 
 6           Point Access Project is actually a really 
 7           exciting project that was done in multiple 
 8           phases down in New York City, trying to get 
 9           trucks off the local roads in the Bronx and 
10           give them a more streamlined access to the 
11           market.  
12                  And we'll be completed with the next 
13           phase here this year, in 2025.
14                  ASSEMBLYMAN MAGNARELLI:  It will be 
15           completed this year.
16                  DOT COMMISSIONER DOMINGUEZ:  Yes.
17                  ASSEMBLYMAN MAGNARELLI:  Well, 
18           somebody's going to be happy.
19                  DOT COMMISSIONER DOMINGUEZ:  It's on 
20           time and maybe a little ahead of time.
21                  ASSEMBLYMAN MAGNARELLI:  My favorite, 
22           I-81.
23                  DOT COMMISSIONER DOMINGUEZ:  Yes, sir.
24                  ASSEMBLYMAN MAGNARELLI:  Are we on 
                                                                   30
 1           time?  Are we on point, moving right along?  
 2           We're going to be done in 2028?  
 3                  DOT COMMISSIONER DOMINGUEZ:  I will 
 4           tell you that given the delays that we 
 5           experienced at the very beginning of the 
 6           project due to litigation, which we overcame, 
 7           we are moving on all engines on -- firing on 
 8           all engines on the Interstate 81 project.
 9                  ASSEMBLYMAN MAGNARELLI:  So do you 
10           think it might be a little longer than 2028?
11                  DOT COMMISSIONER DOMINGUEZ:  Yes, sir, 
12           because of the delay that we had from -- we 
13           had a year's worth of litigation that put us 
14           behind.
15                  ASSEMBLYMAN MAGNARELLI:  So that could 
16           mean a year, two years?  
17                  DOT COMMISSIONER DOMINGUEZ:  I don't 
18           expect that it will be --
19                  ASSEMBLYMAN MAGNARELLI:  It 
20           fluctuates?
21                  DOT COMMISSIONER DOMINGUEZ:  -- 
22           extended delay, but we started a year later 
23           than we anticipated because of the 
24           litigation.
                                                                   31
 1                  ASSEMBLYMAN MAGNARELLI:  No, I 
 2           understand.  Right.  
 3                  And finally, the Rochester Inner Loop 
 4           Project recently received a $100 million 
 5           federal grant?  
 6                  DOT COMMISSIONER DOMINGUEZ:  Yes, sir.
 7                  ASSEMBLYMAN MAGNARELLI:  Is this in 
 8           line with the assumed federal funding level 
 9           for this project, and can it be completed 
10           within the current capital plan funding 
11           level?
12                  DOT COMMISSIONER DOMINGUEZ:  We're 
13           working with the City of Rochester, who's 
14           actually executing the project.  But that's 
15           the goal.
16                  ASSEMBLYMAN MAGNARELLI:  Okay.  
17           Centro.  Okay, that's my bus company, bus 
18           authority in Onondaga County, Oneida.
19                  DOT COMMISSIONER DOMINGUEZ:  Yes.
20                  ASSEMBLYMAN MAGNARELLI:  Okay.  
21           They're going to take over the Cortland 
22           County public transit system.  That's going 
23           to be added to Centro.  Will Centro need 
24           additional funding to integrate Cortland's 
                                                                   32
 1           transit system?  
 2                  DOT COMMISSIONER DOMINGUEZ:  I'm not 
 3           aware of what their financial requirements 
 4           are right now.  I do know that they're 
 5           looking at doing that.  I know that our 
 6           office has been helping facilitate those 
 7           discussions to understand what may be needed.  
 8                  We've seen a number of consolidations 
 9           across the upstate transit authorities, and 
10           our office has been very --
11                  ASSEMBLYMAN MAGNARELLI:  Well, if they 
12           didn't step in, there wouldn't have been any 
13           bus service in Cortland.
14                  DOT COMMISSIONER DOMINGUEZ:  Correct.  
15           So we want to make sure that there's --
16                  ASSEMBLYMAN MAGNARELLI:  And that 
17           entity basically was bankrupt.  So my feeling 
18           is it's going to need some money.  I don't 
19           want -- I want to provide that service in 
20           Cortland, but at the same time I don't want 
21           service to deteriorate in the rest of the 
22           Centro catch basin, so to speak.
23                  DOT COMMISSIONER DOMINGUEZ:  Well, I 
24           think we all share the same objectives.  And 
                                                                   33
 1           the question is, is how do we make sure that 
 2           we facilitate that level of service.  
 3                  ASSEMBLYMAN MAGNARELLI:  I want you to 
 4           keep an eye on it for me.
 5                  DOT COMMISSIONER DOMINGUEZ:  Yes.
 6                  ASSEMBLYMAN MAGNARELLI:  Thank you.  
 7           Bridges.  One minute.  I get another chance, 
 8           so I can come back on this.  Highway pavement 
 9           conditions improved to 57.9 percent in the 
10           good to excellent condition in 2022, a 
11           1.1 percent increase.  Highway bridge 
12           conditions got worse.  Okay?  They went from 
13           64 percent -- they went from 66.3 percent to 
14           64 percent.
15                  Is there a highway and bridge 
16           condition report ready for 2023?  And what is 
17           that going to show us, do you think?  
18                  DOT COMMISSIONER DOMINGUEZ:  There's a 
19           report that we do called the Graber Report on 
20           Bridges, and we're working to finalize it 
21           now.  That should be out soon.  
22                  But you have -- we shared that with 
23           the Legislature last year, so you've got the 
24           historic analysis of our bridge conditions.
                                                                   34
 1                  ASSEMBLYMAN MAGNARELLI:  Okay.  Well, 
 2           thank you very much and --
 3                  DOT COMMISSIONER DOMINGUEZ:  And we 
 4           report -- oh, sorry.
 5                  ASSEMBLYMAN MAGNARELLI:  We made it.  
 6           Thank you.  I'll be back.
 7                  CHAIRMAN PRETLOW:  Thank you.  
 8                  Senator?  
 9                  CHAIRWOMAN KRUEGER:  Thank you.  Our 
10           chair, Jeremy Cooney, 10 minutes.
11                  SENATOR COONEY:  Thank you, Chair.  
12                  And good morning, Commissioner.
13                  DOT COMMISSIONER DOMINGUEZ:  Good 
14           morning.
15                  SENATOR COONEY:  And let me start by 
16           saying thank you to you and your team for 
17           your help in this transition as I take on 
18           this new role in Transportation.
19                  Also, thank you and your workers for 
20           getting us here safely and for your focus on 
21           worker safety overall, an important part, and 
22           we're glad to see that reflected in 
23           Governor Hochul's budget.  
24                  Let me start by publicly stating my 
                                                                   35
 1           support for the 800 million increase in the 
 2           state DOT's capital budget.  As Chair 
 3           Magnarelli talked about, this is an important 
 4           part, an important investment of our core 
 5           projects and getting those projects finished.  
 6                  But could you comment specifically on 
 7           the record about how many of these projects 
 8           would not have been able to have come to 
 9           completion if we did not have this 
10           800 million proposed in the Executive Budget 
11           for the core work that was originally part of 
12           the DOT plan?
13                  DOT COMMISSIONER DOMINGUEZ:  So our 
14           goal at New York State DOT is always to 
15           complete the agreements that are made within 
16           the capital plan every year.  I can't 
17           speculate to understand exactly, you know, 
18           what that would be, given where we are.  But 
19           the bottom line is that we work every day to 
20           maximize the dollars that are provided to us 
21           by the Governor and the Legislature.  And in 
22           doing so, you know, everybody encounters a 
23           number of questions along the way -- the 
24           national economy, factors that influence it 
                                                                   36
 1           along the way.  And so the fact that the 
 2           Governor put forward $800 million to make 
 3           sure that we have our buying power restored 
 4           really does allow DOT to execute to its 
 5           fullest over the course of this five-year 
 6           capital plan.
 7                  SENATOR COONEY:  And we get lots of 
 8           questions, as you know, as I'm sure your team 
 9           does as well, about the status of these roads 
10           and the maintenance of these roads and making 
11           sure that our state roads are safe for 
12           travelers.  
13                  So let's move on and talk about the 
14           materials as part of those roads.  We know 
15           that in 2023 there was an engineering 
16           bulletin, 23-008, issued in March of that 
17           year, which addressed streamlining the 
18           pavement type selection guidance.  In other 
19           words, I'm not coming with a specific agenda 
20           in terms of what types of material are used, 
21           but rather supportive of a mix that allows us 
22           to achieve our climate goals as well as find 
23           savings, hopefully, for taxpayers, to allow 
24           these roads to be completed safely and 
                                                                   37
 1           timely, but to maximize the dollars that we 
 2           spend as part of the capital plan.  
 3                  Can you comment upon your focus on 
 4           resilient pavement types and what you're 
 5           doing to address this?  
 6                  DOT COMMISSIONER DOMINGUEZ:  I would 
 7           be happy to.  It's something that New York 
 8           State DOT has taken on and very much 
 9           embraced -- not only the CLCPA requirements 
10           that the state is working towards, but also 
11           it's a particular factor in how we operate.  
12                  So construction materials.  So what 
13           are we doing.  We're piloting the 20 percent 
14           goal right now related to use of recycled 
15           materials, making sure that they meet 
16           performance standards.  We're looking at 
17           recycled asphalt pavement.  We look at warm 
18           asphalt mixes and how do we incorporate them.  
19                  Our engineering instruction that you 
20           actually referred to is the guideline by 
21           which we make sure -- and we build this into 
22           our contracts -- that contractors have to use 
23           these materials.  Portland cement concrete, 
24           recycled glass, reclaimed fly ash.  These are 
                                                                   38
 1           just samples of some of the construction 
 2           materials that we're utilizing.
 3                  And in particular, we just won, and I 
 4           really hope the federal government comes 
 5           through on their commitment, a grant 
 6           acknowledging New York State DOT -- USDOT 
 7           provided us grant funding to advance this 
 8           investment in low-carbon materials.
 9                  SENATOR COONEY:  Well, that's 
10           terrific.  And I think, you know, in addition 
11           to environmental factors, we also want to 
12           consider durability factors.  And so we know 
13           that some materials have a longer lasting 
14           period than others, and we want to make sure 
15           that we're finding that mix in all of these 
16           projects so that we can make the investments 
17           where the most critical needs are.  So I 
18           appreciate that work and very hopeful for 
19           that grant, Commissioner.
20                  So we've talked about the plan and the 
21           projects and the roads, but let's talk about 
22           the vehicles that go on those roads.  And I 
23           want to talk about my support for public 
24           transportation.  We know that due to the good 
                                                                   39
 1           efforts of Governor Hochul and her economic 
 2           development plan, a lot of these companies 
 3           that are coming to communities outside of 
 4           New York City -- talk about Micron in Central 
 5           New York, but also in my district in the town 
 6           of Gates, the new Amazon distribution 
 7           facility.  They're locating outside of center 
 8           cities.  And we want to make sure that we're 
 9           connecting workers to these economic 
10           opportunities -- specifically, workers who 
11           are often left behind.  Right?  Communities 
12           of color, low-income populations.  How do we 
13           connect underserved communities to the 
14           economic opportunities that we as a state are 
15           working towards?  
16                  Can you give your thoughts on the role 
17           of -- public transportation's role in making 
18           sure that these workers have that economic 
19           impact?  
20                  DOT COMMISSIONER DOMINGUEZ:  So I 
21           think it's integral.  Right?  We always want 
22           to make sure that if we're fortunate enough 
23           to have an employer anywhere in New York 
24           State that is providing access to jobs, 
                                                                   40
 1           that's providing an economic development 
 2           opportunity for our communities.
 3                  And so working with the transit 
 4           authorities in every portion of the state, 
 5           certainly the non-MTA elements, we want to 
 6           make sure that we do provide that level of 
 7           service in transit.  The transit agencies 
 8           themselves undertake exhaustive study and 
 9           analysis about where those ridership trends 
10           are.  We are very much in support of 
11           additional opportunities, and we've got them 
12           built into our capital plan.  How do we 
13           expand, for instance, bus rapid transit?  How 
14           do we make sure we've got an innovative 
15           ability fund that's actually looking to try 
16           and do some of those elements.  And I know 
17           you're a big supporter of that as well.
18                  SENATOR COONEY:  I appreciate you 
19           mentioning BRTs, or bus rapid transit lines.  
20           I'm thrilled that Albany has kind of led the 
21           way here, but I know that Syracuse and 
22           Buffalo and hopefully Rochester are going to 
23           be moving in that direction.  
24                  That's going to take funds.  I am 
                                                                   41
 1           proposing an additional $5 million fund that 
 2           would allow these worker connections to take 
 3           place, what I call the Worker Access Transit 
 4           Fund, so that companies in all parts of 
 5           New York State have access to work with their 
 6           public transit authority to create those 
 7           direct routes for workers.  And ultimately I 
 8           think that will help with economic growth 
 9           across the state.  More information on that 
10           later.
11                  But again, I think STOA is the 
12           underlying opportunity here.  The Governor 
13           has put forth a 3.4 percent increase.  We're 
14           thrilled by that.  Obviously she continued 
15           the legislative adds from last year.  We're 
16           really pleased that she recognizes this 
17           value.  But I think that kind of similar to 
18           what we talked about with the DOT capital 
19           plan and the inflationary factors there, 
20           there are inflationary factors that impact 
21           the ability to operate these public transit 
22           systems.  And I'm not quite sure that 3.4 
23           gets us to where we need to be.  I think 
24           we're going to be pushing for additional 
                                                                   42
 1           resources so that we can do those BRT lines 
 2           and some of the other innovative approaches 
 3           for operations, not just in RTS in Rochester, 
 4           but across transit systems in New York.  
 5                  I know that Chair Magnarelli mentioned 
 6           earlier some expansion opportunities in 
 7           Centro, and obviously we've done that 
 8           successfully here in the Albany area with the 
 9           expansion of CDTA into Montgomery County.  So 
10           we want to continue to provide those 
11           opportunities to New Yorkers wherever they 
12           may be.
13                  In my remaining two minutes I would be 
14           remiss if I did not talk about our 
15           opportunities to expand mass transit, and of 
16           course that means my interest in high-speed 
17           rail.  Let me thank Deputy Commissioner Ho 
18           for her work and her team's work in making 
19           sure that we are advancing those Corridor ID 
20           studies that came through the Bipartisan 
21           Infrastructure Act.  
22                  Now, we're hopeful that federal funds 
23           will continue to allow us to make those 
24           investments in rail, but I still believe 
                                                                   43
 1           very, very much that there's an opportunity 
 2           for New York to lead when it comes to 
 3           high-speed rail, specifically in connecting 
 4           the City of Toronto with the City of 
 5           New York.  And, of course, thinking about 
 6           this in an analogous way with the Erie Canal 
 7           uplifting the communities in between and 
 8           creating opportunities for economic growth, 
 9           trade and population recentering.
10                  And so I'm hoping that you could 
11           comment if there are additional studies 
12           available, whether it's a formal Corridor ID 
13           study or research out there that looks at 
14           alternative routes.  As opposed to just 
15           looking at the Amtrak CSX train track route, 
16           are there additional parts of state land that 
17           we have either right of way access to or that 
18           we could have right-of-way access to, to 
19           explore the creation of high-speed rail 
20           across upstate New York?  In addition to what 
21           we're doing with the 90B plan for 
22           higher-speed rail.  
23                  DOT COMMISSIONER DOMINGUEZ:  Okay.  So 
24           a couple of things.
                                                                   44
 1                  First, I just wanted to make sure, on 
 2           the transit question that you asked, there is 
 3           $220 million in this year's Executive Budget 
 4           for non-MTA transit capital funding.  That's 
 5           a 100 million increase to non-MTA transit 
 6           systems, both upstate and downstate.  So I 
 7           just wanted to make sure, as part of the 
 8           discussion with regard to expanding transit 
 9           access, that is included in the budget.
10                  With regard to high-speed rail and 
11           what you're referring to, the department has 
12           taken a very exhaustive approach, completing 
13           a Tier 1 EIS with the Federal Rail 
14           Administration which set the groundwork for a 
15           look at everything that we could possibly do, 
16           including, you know, exactly where potential 
17           right-of-ways could go.  That led to a 
18           Corridor ID program that we are now 
19           officially in, and hope to expand on that 
20           investment.
21                  CHAIRMAN PRETLOW:  Thank you, Madam 
22           Commissioner.
23                  Assemblyman Miller.
24                  ASSEMBLYMAN MILLER:  Good morning, 
                                                                   45
 1           Commissioner.  I just want to thank you for 
 2           your testimony and I want to give a shout out 
 3           to all the DOT employees who are out there 
 4           fighting this adverse storm and weather we 
 5           have right now.  I just came in from 
 6           New Hartford, south of Utica, and they're 
 7           doing a top-notch job, and along the Thruway 
 8           corridor too.  And I'm just glad everybody is 
 9           well-behaved.  So it was a safe trip there, 
10           and I'm sure that the employees will be happy 
11           to hear that.
12                  I've got a lot of questions -- a lot 
13           of the questions were already asked, so I'm 
14           going to take a little different direction in 
15           some of these here.  And I'd like to start 
16           out with electric vehicles. 
17                  As the attempt at adoption of electric 
18           vehicles increases, does the department plan 
19           to introduce new road wear-and-tear studies 
20           specific to the impacts of the heavier 
21           vehicle weights?
22                  DOT COMMISSIONER DOMINGUEZ:  So we 
23           have -- we've done a number of things, but 
24           first and foremost our engineers have taken a 
                                                                   46
 1           very exhaustive look at what our existing 
 2           requirements are right now, and -- for the 
 3           state system.  We've also undertaken some 
 4           studies with some local communities as well.
 5                  For the existing state system, our 
 6           engineers are basically coming back saying 
 7           our standards and our specs accommodate any 
 8           sort of additional weight that might be on 
 9           electric vehicles.  We're already building to 
10           a standard that would accommodate what could 
11           be coming.
12                  ASSEMBLYMAN MILLER:  So all this 
13           engineering work will aid to determining the 
14           adjustments we're going to have to make in 
15           our paving programs, in our bridge designs 
16           along the way.
17                  DOT COMMISSIONER DOMINGUEZ:  I guess 
18           what I'm trying to say is that it already is 
19           accounted for, and so we are building, 
20           presently our specs account for it already.  
21                  Now, I can say that there are probably 
22           some local roads where currently buses can't 
23           even go down or trucks might not be able to 
24           access them because just the nature of -- you 
                                                                   47
 1           know, they're not heavily traveled, they're 
 2           not built to the state standard.  
 3                  I'm just trying to make a distinction 
 4           between the state requirements that I'm 
 5           talking about and how we're building to those 
 6           standards, versus there may be one or two, 
 7           you know, roads in a community, et cetera, 
 8           that might not be at that same level.  So I 
 9           want to distinguish between the state system 
10           and other local systems.
11                  ASSEMBLYMAN MILLER:  Okay, that brings 
12           me right into my second question right here.  
13           You know, I understand the department is 
14           obligated to annually release several reports 
15           on the highway pavement and bridge condition 
16           report, capital program letting and 
17           implementation report, capital program 
18           accomplishments report, and so on and so on.  
19           Are these reports available to all of us here 
20           so we can -- you know, when we're asked?  
21                  Because, you know, a lot of our 
22           offices get questions from different zones 
23           on -- on their infrastructure may be lacking 
24           in the Hudson Valley compared to the 
                                                                   48
 1           infrastructure in the western part of the 
 2           state.  So when we get that, we don't have 
 3           that information available at our fingertips, 
 4           so.
 5                  DOT COMMISSIONER DOMINGUEZ:  We make 
 6           the reports available and have made them 
 7           available.  So our bridge condition report, 
 8           which was what Assemblymember -- 
 9           Chairman Magnarelli was asking me about, the 
10           Graber report will be out -- the latest 
11           update will come out here shortly.  We're 
12           working on finalizing it right now.  But 
13           you've got historic data that's available.  
14                  In addition, we provide quarterly 
15           reports on how we're proceeding through our 
16           capital plan.  So all of that is available to 
17           the legislative members.
18                  ASSEMBLYMAN MILLER:  Okay.  I'd like 
19           to go right over to our capital plan, 
20           $800 million increase.  You know, it's an 
21           inflation factor increase.  How was that 
22           determined?  You know, what was the thought 
23           process through that?  
24                  You know, I know we picked a number 
                                                                   49
 1           that we -- you know, that our aggregate 
 2           costs are more, our labor costs are more, 
 3           et cetera, et cetera.  I guess -- can you 
 4           elaborate?  
 5                  DOT COMMISSIONER DOMINGUEZ:  All those 
 6           factors are taken into account and looked at 
 7           how do we actually make sure that we are able 
 8           to deliver on the commitments that were made 
 9           under the five-year capital plan.
10                  ASSEMBLYMAN MILLER:  Okay, and on the 
11           CHIPS, which that's our lifeblood up here in 
12           upstate New York.  You're saying there's a 
13           hundred million dollar increase in the plan.  
14           That's basically where we're starting flat.  
15                  And I know the highway -- the county 
16           highway people, the town highway people 
17           are -- you know, they're looking for, 
18           minimum, a $250 million increase in the CHIPS 
19           programs.  You know, right now we're barely 
20           funding the decline in New York State.  And 
21           you know, I know we're trying to get ahead of 
22           the game, but at this level it's not going -- 
23           it's not going to be there.
24                  I'll come back.
                                                                   50
 1                  CHAIRMAN PRETLOW:  Senator?
 2                  CHAIRWOMAN KRUEGER:  Thank you.
 3                  Next will be Chair Comrie for 
 4           10 minutes.
 5                  SENATOR COMRIE:  Thank you.  
 6                  Good morning, Commissioner.
 7                  DOT COMMISSIONER DOMINGUEZ:  Good 
 8           morning, sir.
 9                  SENATOR COMRIE:  Thank you for your 
10           great work.  I've enjoyed working with you 
11           over the past few years.  You've been very 
12           responsive, and your agency has always sought 
13           to try to find solutions, so I want to thank 
14           you.
15                  My throat just got wet on me.
16                  I just wanted to ask you a couple of 
17           questions regarding the -- how much is 
18           New York spending on widening highways this 
19           decade to include the capacity to include the 
20           broadband cable while you're putting in the 
21           roadways?  How much -- I've been asking you 
22           for the last couple of years to try to help 
23           bridge the divide for last mile, first mile 
24           upstate, to put in cable while you're adding 
                                                                   51
 1           new roadways upstate.  
 2                  How much of that is happening?  
 3                  DOT COMMISSIONER DOMINGUEZ:  Yes, sir.  
 4           We're looking at where there's opportunity 
 5           and where there's need.  We do do that, 
 6           especially when there's companies or 
 7           communities that are interested in expanding 
 8           on that.
 9                  We also do it for -- we're also -- 
10           there's specific projects that we're looking 
11           at, not just broadband but also how can we 
12           also facilitate renewable energy.  
13                  SENATOR COMRIE:  Okay.  Have you been 
14           working with the Thruway Authority with 
15           access, to be able to get high-speed cable 
16           from them to move to these projects, to these 
17           different areas to bring broadband cable and 
18           high-access opportunities to upstate?
19                  DOT COMMISSIONER DOMINGUEZ:  We work 
20           with the Thruway on a daily basis.  I -- I 
21           couldn't point to a specific fiber or conduit 
22           project, but I'm sure there.  I'm sure if I 
23           ask my right-of-way unit they would say they 
24           are.
                                                                   52
 1                  SENATOR COMRIE:  Okay.  And you -- 
 2           also you mentioned the issues -- I'll switch 
 3           to another topic.  But I would hope that you 
 4           continue to expand your opportunities to work 
 5           with the Thruway to put broadband upstate so 
 6           we can solve the last mile, first mile in 
 7           those communities.
 8                  In the South Bronx you said you 
 9           started the environmental review process for 
10           the five bridges across the Cross Bronx 
11           Expressway.  Could you expand on that a 
12           little bit?
13                  DOT COMMISSIONER DOMINGUEZ:  Yes, sir.  
14           So we have -- we're working on two projects 
15           simultaneously.  The first is a project to 
16           rehabilitate and/or replace five bridges 
17           along just over a mile section of the 
18           Cross Bronx.  Those bridges have literally 
19           come to the end of their useful life, and we 
20           need to make sure that we rehab and/or 
21           replace all five of them.
22                  That project is foundational to the 
23           work that we're also advancing with the City 
24           of New York to reimagine the Cross Bronx.  
                                                                   53
 1           We've undertaken a visioning study to really 
 2           trying to conceptualize what could the future 
 3           of the Cross Bronx actually be.  And so we're 
 4           working on finalizing that vision report now.  
 5           That will then lead to some of the 
 6           investments that the Governor put forward in 
 7           the Executive Budget to really carry out that 
 8           next level of environmental assessment on how 
 9           do we start to actually act on what some of 
10           those reimagining concepts might be to 
11           include potentially capping portions of the 
12           Cross Bronx.  
13                  SENATOR COMRIE:  Thank you.  
14                  And then I'll move to the Van Wyck.  
15           How are we doing with the Van Wyck project?  
16           I know that the interchange is almost done, 
17           it looks beautiful.  But -- the Van Wyck 
18           interchange at Grand Central.  But how are we 
19           doing with the Van Wyck repair project?  
20                  DOT COMMISSIONER DOMINGUEZ:  We are 
21           doing exceedingly well.  We're trying to 
22           complete that project as quickly as possible, 
23           and we're making good progress.
24                  SENATOR COMRIE:  Have we decided which 
                                                                   54
 1           roads between Hillside Avenue and the airport 
 2           are going to be permanently closed, the 
 3           exits?  Has that been decided yet? 
 4                  DOT COMMISSIONER DOMINGUEZ:  I will 
 5           have to get back to you on that, sir.
 6                  SENATOR COMRIE:  Okay, thank you.  
 7           Appreciate it.  
 8                  Also, do you have an open database 
 9           that people can see your projects and your 
10           contracts that you're working on so that 
11           folks can take a look at it?  And what's the 
12           progress of that, and how is that working?  
13                  DOT COMMISSIONER DOMINGUEZ:  Yes, sir, 
14           we have a -- we have a project website called 
15           Projects In Your Community that you can click 
16           on, on our website and see exactly, you know, 
17           what we're undertaking right now, what work 
18           we're doing, what work we have planned to do, 
19           and the details of all of that.
20                  SENATOR COMRIE:  And do you -- with 
21           your MWBE program, do you regularly send out 
22           notices to your bidders about these projects 
23           that are coming up?  And how is that MWBE 
24           program working?  
                                                                   55
 1                  DOT COMMISSIONER DOMINGUEZ:  It's 
 2           doing well.  We have transformed our office 
 3           diversity and opportunity.  And what I mean 
 4           by that is that we've enhanced our resources, 
 5           our leadership capabilities, et cetera.  
 6           We've got a great team in place and they work 
 7           cross-functionally across the entire 
 8           department.
 9                  This year we're -- I'll tell you 
10           our -- I know you always ask about kind of 
11           how our goals are proceeding.  This year 
12           we've achieved an 18 percent compliance.  
13           That's up, and we're glad about that.  We're 
14           certainly getting back to where we were 
15           before COVID.  And we've got another program 
16           that we've launched to really engage a number 
17           of MWBE firms called WorkSmart NY.  And it's 
18           working smart with DOT and all of our 
19           contractors to make sure the opportunities 
20           are not only known but then working to make 
21           sure that people can actually take advantage 
22           of them.  
23                  SENATOR COMRIE:  Great.  And do you do 
24           regular downstate opportunities or around the 
                                                                   56
 1           state, not just downstate opportunities, for 
 2           vendors to see the DOT projects that are 
 3           coming up and -- 
 4                  DOT COMMISSIONER DOMINGUEZ:  Yes, sir.  
 5           And we would love -- you know, we were 
 6           working with your office.  I think that 
 7           there's some venues in the city that we would 
 8           very much like to perhaps do some outreach 
 9           around some of the opportunities that are 
10           coming our way.  And that's for the whole 
11           state, but in particular I know there are 
12           some projects that we're looking to launch 
13           downstate in the city that we would like to 
14           get the word out.  So happy to collaborate 
15           with you on that.
16                  SENATOR COMRIE:  Thank you.  I look 
17           forward to working with you on that.  
18                  And then a question -- as you know, 
19           I've had a wildlife crossings bill that we 
20           worked on last year, and I see that the DOT 
21           is trying to work on that.  And the Biden 
22           administration gave you a grant of $323,000 
23           to conduct a two-phase study on the wildlife 
24           collisions and ways to improve habitat 
                                                                   57
 1           connectivity.  Can you let us know what 
 2           you're planning on doing with that?  And 
 3           hopefully we can enact the bill through the 
 4           study -- after the study.
 5                  DOT COMMISSIONER DOMINGUEZ:  So first 
 6           and foremost, we were thrilled to win the 
 7           grant.  Now we actually need to make sure 
 8           that we get the dollars that are associated 
 9           with it.  
10                  But we are working on that regardless 
11           of whether or not the dollars flow our way.  
12           I will tell you that NYSDOT is continuing to 
13           progress all of the actions under the 
14           community -- around the habitat connectivity 
15           initiative, including some of the key 
16           elements that I think we negotiated and 
17           talked through with a number of the 
18           advocates, including a toolkit so that we can 
19           identify projects and locations where there 
20           are actually connectivity needs for wildlife.  
21                  And also looking at the preliminary 
22           design guidance that we would have to employ.  
23           I think that is a huge step forward.  And 
24           also a framework for asset management -- how 
                                                                   58
 1           do we make sure that we've got the ability to 
 2           continue to not only construct effective 
 3           wildlife crossings, but then actually 
 4           implement it and maintain the assets as well.
 5                  SENATOR COMRIE:  Thank you.  I 
 6           appreciate your answers.  
 7                  I just want to bring up my pet 
 8           project, which is not happening and 
 9           unfortunately may not happen for another four 
10           years, but the widening of the Cross Island 
11           Parkway.  I've been talking to you about 
12           that.  I know it's not on the agenda, but 
13           hopefully we could get a design project or a 
14           study project to look at it.  
15                  That corridor is consistently 
16           overcrowded, and especially trying to access 
17           the Grand Central or the Long Island 
18           expressway, there's a 15-minute backup 
19           sometimes.  We need to take a look at it.  So 
20           I'm going to continue to raise that as an 
21           issue.  And now that we have UBS Arena there, 
22           there's also another backup.  So there's 
23           truly a need to widen the Cross Island 
24           Parkway.  
                                                                   59
 1                  I keep saying it; hopefully one day 
 2           we'll get the monies to do it.  But I 
 3           appreciate any opportunity we can to take a 
 4           better study of it.
 5                  So again, Commissioner, thank you for 
 6           being responsive and always making sure that 
 7           whenever I ask you a question, you come back 
 8           with detailed answers.
 9                  Thank you.
10                  DOT COMMISSIONER DOMINGUEZ:  Thank 
11           you, Senator.
12                  SENATOR COMRIE:  I'm early.  I'm 
13           early.
14                  CHAIRMAN PRETLOW:  Thank you, Senator.
15                  Before I go on, we've been joined by 
16           Assemblymember Simon, Assemblymember Shimsky, 
17           Assemblymember Jacobson, Assemblymember Otis, 
18           Assemblymember De Los Santos and 
19           Assemblymember Gonzalez-Rojas.
20                  Mr. Ra.
21                  CHAIRWOMAN KRUEGER:  And I'm sorry, 
22           just -- Senator Martinez has also joined us.  
23           Thank you.
24                  ASSEMBLYMAN RA:  As has Assemblyman 
                                                                   60
 1           Palmesano.
 2                  Good morning, Commissioner.
 3                  DOT COMMISSIONER DOMINGUEZ:  Good 
 4           morning.
 5                  ASSEMBLYMAN RA:  Some of our members 
 6           from Western New York asked if we could -- 
 7           I'm sure you're aware there's a road-salt 
 8           shortage that municipalities are dealing 
 9           with.  I'm wondering whether there's anything 
10           that DOT can do to assist with that.
11                  DOT COMMISSIONER DOMINGUEZ:  So we've 
12           been -- I think what you're referring to is a 
13           company out in Western New York that is 
14           providing road salt to a number of 
15           municipalities.
16                  I can tell you that they are open and 
17           available.  And, you know, if there's any 
18           concern with accessing their product or the 
19           like, we are happy to work with our 
20           colleagues at OGS as well as DOT to 
21           facilitate that service.  
22                  But there's -- they're available and 
23           they're operational.
24                  ASSEMBLYMAN RA:  All right.  Thank 
                                                                   61
 1           you.
 2                  So I wanted to talk a little bit about 
 3           some, you know, regional items for us down on 
 4           Long Island.  You know we had that meeting a 
 5           few weeks ago and we talked about a few of 
 6           these issues.  You know, we all know about 
 7           CHIPS.  And as my colleague said, it really 
 8           is the lifeblood of upstate, with a lot of 
 9           local road paving.  
10                  Years ago there was a program called 
11           SHIPs, which was the Suburban Highway 
12           Improvement Program that, you know, pushed 
13           aid through downstate communities, suburban 
14           communities -- Long Island, Hudson Valley.  
15           And there were a lot of our local folks 
16           talking about trying to revive that effort.
17                  Do you have -- I guess as a department 
18           do you feel that we're adequately giving the 
19           different regions of the state, you know, a 
20           fair share of our highway funding?
21                  DOT COMMISSIONER DOMINGUEZ:  So I am 
22           familiar that historically there was a 
23           program called SHIPs.
24                  I guess I think in answer to your 
                                                                   62
 1           second question with regard to the 
 2           availability of funding, I would leave that 
 3           at the discretion of the Executive and the 
 4           Legislature with regard to the DOT capital 
 5           plan.
 6                  As it now stands, we have a historic 
 7           plan that we're executing on.  The Governor 
 8           has added a billion more dollars to make sure 
 9           that we carry out this five-year plan.  That 
10           in and of itself is the road map for us 
11           actually achieving our goals under the 
12           capital plan that has been negotiated through 
13           the Legislature and the Executive.
14                  ASSEMBLYMAN RA:  You know, I know 
15           you're talking about the capital plan, we're 
16           in, what, Year 4 of five with the current 
17           capital plan.  In my understanding, the 
18           Long Island region is slated to receive 
19           7.8 percent of capital plan funding this 
20           year; the Hudson Valley is 9.6 percent; 
21           New York City, 13.6 percent; Buffalo and 
22           Western New York, around 40 percent.  
23                  I know you're aware there has been 
24           some talk of an effort to have the 
                                                                   63
 1           Long Island region develop its own 
 2           metropolitan planning organization to better 
 3           assist the region in securing a greater 
 4           amount of federal aid.  Do you think that 
 5           would be a beneficial thing for Long Island?  
 6                  DOT COMMISSIONER DOMINGUEZ:  I don't 
 7           know that it would be, to tell you the truth.  
 8           So the reason being I understand the concern:  
 9           You want to make sure that there's 
10           opportunity for Long Island.  But right now 
11           the way that the NYMTC, which is the New York 
12           Metropolitan Planning Organization, actually 
13           operates, first and foremost, the slice of 
14           the pie that everybody is looking to access 
15           is still the same.  There's not going to be 
16           an enhanced slice of the pie or an additional 
17           slice of the pie coming in the form of 
18           federal funding.
19                  New York State receives the funding 
20           that it receives, it's formula-driven, it's 
21           by Congress, et cetera.  That's 40 percent.  
22           Forty percent of those federal dollars that 
23           we're now executing on right now in the 
24           Bipartisan Infrastructure legislation, 
                                                                   64
 1           coupled with a record amount of state funding 
 2           that the Governor and the Legislature have 
 3           put forward, is what our five-year capital 
 4           plan is executed off of.  That's the 
 5           $34.1 billion that we're working off of.
 6                  If there is a separate entity in the 
 7           form of an MPO, you're going to have to staff 
 8           it up, you're going to have to do all kinds 
 9           of traffic analysis and everything that's 
10           already being done by the existing staff.  
11           It'll cost you probably about $8 million a 
12           year.  I don't know who's going to pay for 
13           that, so that's something to consider.  It 
14           will probably be at least an $8 million 
15           venture.  
16                  The third thing is to really look to 
17           see, like, the same people that would 
18           represent Long Island on the MPO are the same 
19           people who have voting seats on the existing 
20           NYMTC.  It's the county executives, 
21           et cetera.  So ...
22                  CHAIRMAN PRETLOW:  Thank you, 
23           Madam Commissioner.
24                  ASSEMBLYMAN RA:  Thank you, 
                                                                   65
 1           Commissioner.
 2                  CHAIRMAN PRETLOW:  Senator?  
 3                  CHAIRWOMAN KRUEGER:  Thank you.  
 4                  Next is Senate Ranker Oberacker.
 5                  SENATOR OBERACKER:   Commissioner, 
 6           good morning.
 7                  DOT COMMISSIONER DOMINGUEZ:  Good 
 8           morning.
 9                  SENATOR OBERACKER:  Good to see you.  
10           And a big shout out, as everybody has said, 
11           to our plow and sanding efforts there to get 
12           us all in here today.  So thank you -- thank 
13           you for that.
14                  A lot has already been covered, so I'm 
15           just going to hit on a couple of high notes 
16           to start with and go from there.  So, you 
17           know, we are flat on our CHIPS funding, our 
18           Extreme Winter Recovery money, our BRIDGE NY 
19           and PAVE-NY.  So just suffice to say that I 
20           am concerned that we are flat.  I would like 
21           to see us, of course, add something to that.  
22                  And I've always been taught that if 
23           you raise an issue but don't have a solution, 
24           that you're whining.  So I'm not whining, 
                                                                   66
 1           Commissioner.  But what I would like to 
 2           propose is a community-level emergency 
 3           assistance grant program, otherwise we are 
 4           calling it CLEAR funding.  I have spoken to 
 5           you a little bit previous about this, and my 
 6           thanks too to our chair for Transportation 
 7           for giving me input as we put this together.
 8                  But in essence what I'm talking about 
 9           is a fund, a $62 million fund, a million per 
10           county.  And for those municipalities within 
11           those counties that would realize a 
12           10 percent or more weather issue -- that 
13           would be based on their total highway 
14           budget -- that this would qualify them then 
15           for some funding under this CLEAR program.
16                  It is a way of I think being a bridge 
17           program from CHIPS being flat in our budget, 
18           acting as just a little bit of a -- you know, 
19           a bridge, to quote that term, and helps them 
20           out.  
21                  So I would like to talk more about 
22           that in the future, but I think it's 
23           something we could look at.
24                  Another way that we could look at if 
                                                                   67
 1           CHIPS is going to stay flat, you know, we 
 2           are -- under Section 5 of the -- it's 
 3           actually subdivision section 5 of our law, it 
 4           states that where the service life of these 
 5           projects are at least 10 years, they can use 
 6           CHIPS funding for road repair.  I'd like to 
 7           see us look at reducing from the 10 year to a 
 8           possible eight-year term.  Those two years 
 9           would be very, very helpful in allowing our 
10           municipalities to utilize some CHIPS funding, 
11           and it may help smooth out some of the issues 
12           of not being able to gain some extra 
13           additional funding.  
14                  On the subject of EVs, I would really 
15           like to see us, Commissioner, do a -- just do 
16           a carveout or extend the runway, if you will, 
17           in three classes:  For emergency vehicles, 
18           again for our school buses, and for our plows 
19           and heavier machinery.
20                  And the reason is, is because as we 
21           look at the infrastructure, it's not just 
22           electrical that's driving this, it is also 
23           bridge weights.  They would need to be 
24           reevaluated.  Guardrail strength on the 
                                                                   68
 1           highways.  School lifts to lift these EVs.  
 2           And more appropriately, I'm a firefighter and 
 3           a first responder, and so for us when we 
 4           attack an EV vehicle versus a conventional, 
 5           it changes things.
 6                  We were talking about mass transit and 
 7           the chair brought up about the high-speed 
 8           rail.  I'm suggesting a low-speed rail, a 
 9           green hydrogen rail project that would take 
10           folks from Port Jervis up the beautiful 
11           western parts of the Catskills -- just 
12           happens to be in my district -- all the way 
13           to Binghamton.  And I really think that this 
14           is a green-hydrogen-fired locomotive.  
15                  The interesting part about that, the 
16           diesel engine can be easily converted by use 
17           of green hydrogen.  I think it hits our 
18           carbon issues and also is a way of looking at 
19           bringing some of the folks into the beautiful 
20           parts of upstate New York that we all love.  
21                  Safety zones.  One hundred percent in 
22           favor.  We really need to crack down on the 
23           issues of speeding through safety zones.
24                  And then lastly, I would really like 
                                                                   69
 1           just to compliment you and give a quick shout 
 2           out to Director Andy Styles from Region 9.  
 3           I've worked very closely with him.  I think 
 4           it's a reflection of the people that you have 
 5           put around you, your guidance, as far as that 
 6           goes.  He's been available, very informative.  
 7           And again, Commissioner, I think it speaks 
 8           well to your stewardship.  
 9                  There was a question in there 
10           someplace, but I'll let you determine where 
11           that is.  
12                  (Laughter.)
13                  DOT COMMISSIONER DOMINGUEZ:  Okay.
14                  SENATOR OBERACKER:   Thank you for the 
15           time.
16                  CHAIRMAN PRETLOW:  We'll look for it.
17                  DOT COMMISSIONER DOMINGUEZ:  I really 
18           appreciate it.  I will reiterate again -- 
19           well, first of all, thank you.  It's always 
20           great to engage you.  
21                  And I know you're looking at the 
22           hydrogen model for rail.  And I do think 
23           that, you know, we are -- it's a 
24           technologically challenging area, so it will 
                                                                   70
 1           be good.
 2                  SENATOR OBERACKER:  Thank you.  
 3                  CHAIRMAN PRETLOW:  Thank you, 
 4           Commissioner.
 5                  All right, the remaining 
 6           Assemblymembers on my list will all have 
 7           three minutes for both question and answer.  
 8           I have a list that was given to me in the 
 9           order that was asked.  If you wish to be 
10           moved up on the list, you must get permission 
11           from everyone in front of you on the list.  
12                  (Laughter.)
13                  CHAIRMAN PRETLOW:  I don't think 
14           that's going to happen.
15                  With that, Assemblymember Solages.
16                  ASSEMBLYWOMAN SOLAGES:  Greetings.  I 
17           want to return back to talking about 
18           Long Island.
19                  So as you know, Nassau and 
20           Suffolk County are the only counties with 
21           more than a million registered vehicles.  
22           Long Island is ranked first and third in 
23           center-lane-miles.  It also experiences high 
24           volumes of truck traffic because of our 
                                                                   71
 1           limited freight infrastructure.  And then 
 2           according to the department's most recent 
 3           pavement assessment report, we have some of 
 4           the poorest road conditions next to the 
 5           Hudson Valley.
 6                  But despite all that, we only receive 
 7           about 7 percent of the upcoming DOT capital 
 8           program.  And so we have -- in the funding 
 9           formula we have received about 23 percent in 
10           the past, but now we're down to 7 percent.
11                  So can you explain why Long Island's 
12           share of transportation funding has dropped 
13           so dramatically?  And how can we ensure that 
14           our roads, whether they're the LIE, the 
15           Southern State, the Sunrise Highway, receive 
16           equitable investment moving forward?  
17                  DOT COMMISSIONER DOMINGUEZ:  Thank you 
18           very much for the question, Assemblymember.  
19                  I'm not quite sure where the figure 
20           7 percent that you're citing may have been 
21           drawn from, but I'm happy to sit down with 
22           you and go through it.  I'm not quite sure 
23           that it's accurate.  
24                  The MOU for the current five-year plan 
                                                                   72
 1           that we're executing on right now, the MOU 
 2           between the Executive and the Legislature, is 
 3           about $1.5 million for the Long Island 
 4           region.  That includes $268 million in the 
 5           MOU itself that we're moving on.  That 
 6           represents about 12 percent of the core 
 7           State Highway and Bridge Program over the 
 8           five-year period and 15 percent of the 
 9           portion for State Highway and Bridge Program 
10           that's actually subject to the MOU.
11                  So those numbers are very different 
12           than the number that you're citing.  And so 
13           when we look at what the larger investment 
14           is, these percentages are actually in keeping 
15           with the historical allocations that have 
16           been agreed to between the Legislature and 
17           the Executive, those higher set of numbers 
18           that I just quoted.  
19                  So over the last 15 years the regional 
20           allocations for Long Island over the 
21           five-year planning periods have really 
22           fluctuated anywhere between actually 
23           12 percent and 16 percent for our core Bridge 
24           and Road Program.  So double at least some of 
                                                                   73
 1           the numbers that you were providing.
 2                  Relative to the projects, we're 
 3           continuing to actually deliver on absolutely 
 4           every single project that's within the MOU 
 5           for the Long Island region and across the 
 6           state -- 
 7                  ASSEMBLYWOMAN SOLAGES:  And so just 
 8           really quick because I'm running out of time, 
 9           so what -- so the last project of regional 
10           significance was the LIE HOV lanes.  That 
11           happened decades ago.  So what project is 
12           planned for Long Island in the current 
13           capital plan or the future capital plans?
14                  DOT COMMISSIONER DOMINGUEZ:  So two 
15           things.  Within the last year the Governor 
16           put forward $100 million that actually went 
17           towards paving the LIE, and then the next 
18           capital plans --
19                  ASSEMBLYWOMAN SOLAGES:  Of regional 
20           significance.  
21                  (Time clock sounds; overtalk.)
22                  CHAIRMAN PRETLOW:  Thank you.
23                  ASSEMBLYWOMAN SOLAGES:  Thank you.  
24                  DOT COMMISSIONER DOMINGUEZ:  Well, I 
                                                                   74
 1           would say the LIE is regionally significant 
 2           (laughing).
 3                  CHAIRWOMAN KRUEGER:  Thank you.  
 4                  Senator John Liu.
 5                  SENATOR LIU:  Thank you, Madam Chair.  
 6           And good morning, Commissioner.  Welcome.  
 7           Good to see you.
 8                  DOT COMMISSIONER DOMINGUEZ:  Where are 
 9           you?  There you are.  Hello, sir.
10                  SENATOR LIU:  I know there's a lot of 
11           us down here.  
12                  Thank you very much for your work and 
13           leadership on these issues, and I want to 
14           give a thank you to Assistant Commissioner Ho 
15           as well, and to Assistant Commissioner 
16           Gibbon, who has been very responsive on many 
17           of the local issues.  
18                  I don't have much time, so I just want 
19           to get right into it.  
20                  Last year you may recall we had a 
21           great hearing, led by former Chair Kennedy, 
22           and our new Chair Cooney was really very much 
23           on top of it.  He started asking questions 
24           about the state rail plan.
                                                                   75
 1                  DOT COMMISSIONER DOMINGUEZ:  Yes.
 2                  SENATOR LIU:  And so my first question 
 3           is, is there any update since the hearing we 
 4           had last spring?  
 5                  DOT COMMISSIONER DOMINGUEZ:  Well, 
 6           what we've done is actually complete the 
 7           Tier 1 EIS.  We've taken that to a new level 
 8           and we've applied for Corridor ID funding and 
 9           acceptance into the Corridor ID program at 
10           FRA.  And those elements are moving forward.  
11                  That allowed us to actually apply for 
12           federal funding and grants.  So thank you all 
13           very much for your support.  Those grants 
14           that we are receiving we are actually 
15           executing on.  So it has been a huge step 
16           forward on the rail side.
17                  SENATOR LIU:  And that was to the 
18           Federal Railroad Administration, is that --
19                  DOT COMMISSIONER DOMINGUEZ:  Correct.
20                  SENATOR LIU:  Okay.  And with the 
21           incoming -- well, they're no longer incoming, 
22           they're there, the new federal 
23           administration.  Is there any -- I mean, are 
24           we just going business as usual or are there 
                                                                   76
 1           any kind of updates or modifications to that 
 2           application that we might foresee would be 
 3           necessary?
 4                  DOT COMMISSIONER DOMINGUEZ:  So I have 
 5           to see -- like each of you, every day brings 
 6           a new twist.  So we're looking -- I was just 
 7           in Washington earlier this week with the 
 8           Congress and the new administration, looking 
 9           to see what some of the new requirements may 
10           be.  
11                  As you know, some of the executive 
12           orders have come out and then they've been 
13           withdrawn.  We're looking to see exactly what 
14           the U.S. Department of Transportation, how 
15           they're going to execute their program.  
16           We'll look to see exactly what the 
17           opportunities are for both formula funding, 
18           which should not change -- I vociferously 
19           suggested it should not change -- but the 
20           discretionary funding, how that will actually 
21           play out as well.
22                  SENATOR LIU:  Let's hope for the best.
23                  My final question is -- it's good to 
24           see the Executive Budget has another 
                                                                   77
 1           $25 million for Amtrak service between 
 2           New York City and Poughkeepsie.
 3                  DOT COMMISSIONER DOMINGUEZ:  Yes.
 4                  SENATOR LIU:  Was that discussed with 
 5           Amtrak?
 6                  DOT COMMISSIONER DOMINGUEZ:  Yes, it 
 7           was.  What we were doing is really looking to 
 8           make sure that to leverage all the work that 
 9           we've been doing, the Governor put forward 
10           $25 million to have -- to make some critical 
11           investments in the reliability of that 
12           service.
13                  SENATOR LIU:  Thank you.
14                  CHAIRMAN PRETLOW:  Thank you.  
15                  Assemblymember Valdez.
16                  ASSEMBLYWOMAN VALDEZ:  Good morning.  
17           Thank you to the chair, and thank you for 
18           being here with us today.  
19                  I wanted to ask about a specific 
20           proposal in the Governor's Executive Budget.  
21           She proposed legislation around speed limits 
22           on bike lanes and bike paths.  I have 
23           concerns about overpolicing, you know, a 
24           population that's already very much very 
                                                                   78
 1           heavily policed -- namely, immigrants, 
 2           workers of color.  And I'm worried that this 
 3           proposal won't actually do very much to move 
 4           the needle on public safety in New York City.  
 5                  My question is, what role do you think 
 6           that delivery apps like DoorDash and 
 7           Uber Eats might play in protecting not only 
 8           workers but the pedestrians and cyclists who 
 9           use those spaces too?
10                  DOT COMMISSIONER DOMINGUEZ:  I hear 
11           your question.  Jurisdictionally, that 
12           actually falls within the Department of Motor 
13           Vehicles in terms of the proposal that's been 
14           put forward.
15                  I will tell you that we're members of 
16           the Governor's Task Force Safety Advisory -- 
17           DOT is -- Committee, and looking to make sure 
18           that the outreach on any e-bike measure or 
19           speed-related measure or pedestrian safety 
20           measure or bike safety measure is something 
21           that the Governor's Traffic Safety Commission 
22           takes very seriously.  So just know that from 
23           our perspective jurisdictionally, that's 
24           where --
                                                                   79
 1                  ASSEMBLYWOMAN VALDEZ:  Sure.  No, and 
 2           I appreciate the response.  Thank you so 
 3           much.  
 4                  I did want to ask too about CLCPA, and 
 5           that's come up a couple of times already.  
 6           What -- or how is the department anticipating 
 7           complying with CLCPA if the intention is to 
 8           continue expanding roads and highways?
 9                  DOT COMMISSIONER DOMINGUEZ:  Well, 
10           with regard to how we're implementing CLCPA, 
11           we are -- there's not an aspect of it that 
12           we're not actually working on.  So whether -- 
13           it's like I talked about before construction 
14           materials and how we're incorporating them.  
15                  But also we have a very rigorous 
16           environmental process that we go through with 
17           any project that we have.  We are not looking 
18           to enhance capacity by any means whatsoever.  
19           We have to -- we are compelled by law to make 
20           sure that we look at every single 
21           opportunity, and that's why we usually put 
22           forward in some of our larger environmental 
23           reviews different alternatives.  
24                  But how we select those alternatives, 
                                                                   80
 1           we try to make sure that everything that we 
 2           do falls within the framework of making sure 
 3           that it's complying, first and foremost, with 
 4           CLCPA.
 5                  ASSEMBLYWOMAN VALDEZ:  All right.  
 6           Thank you so much for the responses and for 
 7           your commitment to expanding mass transit and 
 8           public transit around the state.  Thank you.  
 9                  CHAIRMAN PRETLOW:  Senator O'Mara.
10                  SENATOR O'MARA:  Good morning, 
11           Commissioner.  Thanks for being with us 
12           today.
13                  DOT COMMISSIONER DOMINGUEZ:  Good 
14           morning, sir.  
15                  SENATOR O'MARA:  I want to thank you 
16           for your department's great involvement with 
17           our local communities in the flood responses 
18           that we've had this last year, but in several 
19           years running now, unfortunately.  And more 
20           recently, in the Village of Ovid, with the 
21           devastating community fire they had there and 
22           the assistance that DOT provided to the 
23           locals there.  It's a great department to 
24           work with, from my perspective, and your 
                                                                   81
 1           regional director in Hornell, Brian Kelly, is 
 2           one of my favorites.  So just a shout out to 
 3           him for that.
 4                  DOT COMMISSIONER DOMINGUEZ:  Thank 
 5           you, sir.
 6                  SENATOR O'MARA:  On the $800 million 
 7           for the capital plan, basically it's an 
 8           inflation -- to cover inflation, is that what 
 9           it's basically for?
10                  DOT COMMISSIONER DOMINGUEZ:  It's to 
11           help restore our purchasing power, yes.
12                  SENATOR O'MARA:  Over what period of 
13           time is that $800 million --
14                  DOT COMMISSIONER DOMINGUEZ:  It's for 
15           the remaining period of the existing capital 
16           plan, so for the next two years.
17                  SENATOR O'MARA:  Okay.  And what 
18           percentage does that come out to, the 
19           800 million?
20                  DOT COMMISSIONER DOMINGUEZ:  Of the 
21           overall capital plan?
22                  SENATOR O'MARA:  Of -- for the next 
23           two years.  If it's covering two years, 
24           what -- is it related to inflation at all?
                                                                   82
 1                  DOT COMMISSIONER DOMINGUEZ:  I went to 
 2           law school, not math, but -- there was no 
 3           math requirement.  But I think that -- the 
 4           bottom line is we're executing on 
 5           $34 billion.  So it's 800 -- the capital plan 
 6           for five years was set at 33.1.  This is an 
 7           increase of an additional billion.
 8                  SENATOR O'MARA:  Okay.  Well, I think 
 9           that's important and needed.
10                  How did you arrive at that number?
11                  DOT COMMISSIONER DOMINGUEZ:  The 
12           bottom line is, is that this is -- this is 
13           the number that, you know, was worked through 
14           a number of factors, but -- you know, working 
15           through with the Department of Budget and 
16           others, this is what the Executive proposal 
17           is.  
18                  SENATOR O'MARA:  To basically cover 
19           for increased costs in these --
20                  DOT COMMISSIONER DOMINGUEZ:  To 
21           restore the purchasing power to make sure 
22           that we can get through the existing 
23           five-year capital plan that the Legislature 
24           and the Executive agreed to.
                                                                   83
 1                  SENATOR O'MARA:  So following that 
 2           rationale, then, how can we justify keeping 
 3           CHIPS, PAVE-NY, BRIDGE NY, Touring Roads, 
 4           Winter Recovery, potholes -- how can we 
 5           justify keeping all those flat?  Have these 
 6           local communities, these local governments 
 7           not seen the same types of inflationary 
 8           pressures?  And why should we not be 
 9           increasing these programs?
10                  DOT COMMISSIONER DOMINGUEZ:  Well, 
11           sir, I would say that over the course of the 
12           existing five-year capital plan we've seen an 
13           enormous investment in local programs across 
14           the board.  More than $6.3 billion has been 
15           provided in our existing five-year capital 
16           plan, and now a billion dollars on top of 
17           that.  And that's just for local highway and 
18           bridge programs.  
19                  That's an increase in this capital 
20           plan of over 85 percent from the previous 
21           five-year capital plan -- 85 percent increase 
22           in local programs.
23                  What do I mean by local programs?  I 
24           mean CHIPS, I mean Pave Our Potholes.  I mean 
                                                                   84
 1           State Touring Routes.  I mean Extreme Winter 
 2           Weather Recovery.  All of the programs that 
 3           are accessible to locals.
 4                  Local governments are actually 
 5           receiving a billion dollars in direct local 
 6           assistance for roads and bridges.  And, you 
 7           know, an additional $350 million increase per 
 8           year under Governor Kathy Hochul's capital 
 9           plan is really more than we've ever done 
10           before.  And I think it's pretty 
11           extraordinary.  
12                  I know that we work very, very closely 
13           with the local governments to make sure that 
14           they can actually execute on all those 
15           dollars.  We've made changes in the program 
16           to make sure that they've got the flexibility 
17           and the payment processes to do everything 
18           they can to spend those dollars quickly and 
19           effectively.  There's a lot of coordination 
20           that goes on with the local programs.
21                  SENATOR O'MARA:  We have had some 
22           increases, but not much last year and there's 
23           none in this year.  And I think we need to 
24           work as a Legislature with the Executive to 
                                                                   85
 1           do better on that in this year's budget.  And 
 2           we'll certainly be working towards that.
 3                  You talked a little bit to some of the 
 4           other questioning about the standards that 
 5           you're building roads to at the state for the 
 6           new heavier electric vehicles.  What 
 7           percentage of our roads -- state roads at 
 8           this point are actually built to those 
 9           standards, and what percentage is going to 
10           need upgrades to meet those demands of 
11           heavier vehicles?
12                  DOT COMMISSIONER DOMINGUEZ:  So all of 
13           our roads are built to the standards that are 
14           specified within our manuals and our 
15           engineering instructions.  
16                  And what we're seeing basically is 
17           that there doesn't need to be any changes in 
18           our current bridge load postings in any of 
19           the practices that we actually undertake 
20           right now to accommodate electric buses.  
21           Because based on what we've done, the 
22           analysis that we've done looking at bus 
23           weight information and the work that we've 
24           performed through our structural engineering 
                                                                   86
 1           team, electric bus weights and the 
 2           configurations that they fall into are all 
 3           provided for within our existing standards 
 4           and our load-weighting assessments.
 5                  CHAIRMAN PRETLOW:  Assemblyman Simone.
 6                  Assemblyman Eachus.
 7                  ASSEMBLYMAN EACHUS:  Thank you.  
 8                  And good morning, Commissioner.  I 
 9           want to reiterate that I called you a few 
10           months ago and thanked you and all of your 
11           workers for all the great work that you do on 
12           a daily basis.
13                  DOT COMMISSIONER DOMINGUEZ:  Thank 
14           you, sir.
15                  ASSEMBLYMAN EACHUS:  I want them to be 
16           recognized, and please pass that on.
17                  But of course we're here, each of us 
18           representing a different area or region -- in 
19           your particular case, with the DOT -- and 
20           we're all asking for more.  And I certainly 
21           am asking for more for my region because we 
22           have the greatest number of miles, I believe, 
23           out of any region.  And yet we're nowhere 
24           near the top of the funding -- you know, 
                                                                   87
 1           receiving the top funding amount.
 2                  I don't know how you do your -- or how 
 3           it's broken up, but I would hope that you 
 4           would reconsider that.  
 5                  I would also like to reiterate what 
 6           was brought up, which was Route 17 to I-86.  
 7           You are, as you've told me, doing the SEQRs 
 8           now and environmental reviews for that.  And 
 9           I believe you said that should be done so 
10           that shovels in the ground in 2026, is that 
11           correct?
12                  DOT COMMISSIONER DOMINGUEZ:  Yes.  
13           We're looking to begin the -- to actually 
14           start the project before the end of this 
15           capital plan.
16                  ASSEMBLYMAN EACHUS:  Okay, I 
17           appreciate that very much.  
18                  I know there's been many, many backups 
19           on that plan, and none of them really we can 
20           say were your fault, but there has been a lot 
21           of them there.
22                  So I also would like, like everybody 
23           else, to increase the amount for CHIPS.  I 
24           would like the $450 million increase, not 
                                                                   88
 1           just the $100 million, because we definitely 
 2           live in communities that use CHIPS to, you 
 3           know, repair our roads and so on like that, 
 4           and I'm constantly asked by my DPWs to 
 5           increase that amount.  And of course also 
 6           allow them to use different methods of 
 7           resurfacing that we always want to keep in 
 8           there too.
 9                  So the final thing that I have to say 
10           is I have discussed with you State Route 218.  
11           I thank you for repairing that and for 
12           putting the money out, because we only get 
13           75 percent of the money from FEMA.  And we 
14           did get that.  
15                  But I appreciate your very positive 
16           outlook, as I posted to you, that we would 
17           like to change -- or I think I would like to 
18           change 218 into what I'm calling a linear 
19           park.  And I believe you know the reasons 
20           behind that, because specifically of safety 
21           reasons, but also I think it's what we need 
22           to do with that length of road.  
23                  So I thank you very much for being 
24           positive on that.  Now I have to get Parks to 
                                                                   89
 1           be positive about it.
 2                  DOT COMMISSIONER DOMINGUEZ:  Well, 
 3           thank you for your compliment of our 
 4           workforce.  And all the members who have 
 5           complimented our workforce, I greatly 
 6           appreciate it.  You see folks out on the road 
 7           today, and they're at it all the time, 
 8           keeping us safe.  So thank you for that.  
 9                  With regard to 218, you know, it was a 
10           devastating loss with that intense, extreme 
11           weather event that happened in the summer 
12           of -- what was it, 2023, that really took out 
13           218 across the board.  And we're glad we were 
14           able to repair that road and a number of 
15           other roads and the significant 
16           Popolopen Bridge in your district.  So --
17                  ASSEMBLYMAN EACHUS:  Thank you.
18                  DOT COMMISSIONER DOMINGUEZ:  -- 
19           extreme weather is real.
20                  CHAIRWOMAN KRUEGER:  Thank you.  
21                  Senator Martinez.
22                  SENATOR MARTINEZ:   Good morning, 
23           Commissioner.  Good to see you here.  
24                  Just to follow up on my colleague's 
                                                                   90
 1           questions, since you didn't have time to 
 2           finish.  Can you please explain the projects 
 3           that are currently in completion on 
 4           Long Island and those that are in 
 5           commencement?  
 6                  And aside from that, aside from the 
 7           fact that you've heard that Long Island and 
 8           the Hudson Valley have the worst streets and 
 9           pavements, what are you doing or have planned 
10           to do, and where are we with the additional 
11           types of projects that we need on Long Island 
12           such as the Southern State Parkway, which is 
13           one of the deadliest highways here in the 
14           State of New York, the Meadowbrook expansion, 
15           the Northern State Parkway expansion, and 
16           Oakdale Merge?  
17                  DOT COMMISSIONER DOMINGUEZ:  So I'll 
18           start with the Oakdale Merge.  We are in the 
19           process of doing environmental work on it.  
20           In answer to the question I think that 
21           Assemblymember Solages was also asking that 
22           you're referencing, that is a very 
23           significant project.  It is a project of 
24           regional concern.  It is a cloverleaf 
                                                                   91
 1           project.  It's in an area with extreme 
 2           wetlands.  
 3                  There's a lot of work that's going on 
 4           as we look at getting ready to do a 
 5           full-scale EIS on the project.  That would -- 
 6           it's a very labor-intensive but also 
 7           significant project that we're looking to 
 8           undertake on Long Island itself.
 9                  SENATOR MARTINEZ:  And thank you for 
10           that.  My concern, too, when you just 
11           mentioned the clover is many of our -- many 
12           of our on- and off-ramps really need to be 
13           looked at, specifically on Southern State 
14           Parkway.
15                  DOT COMMISSIONER DOMINGUEZ:  Yup.
16                  SENATOR MARTINEZ:  We -- as I 
17           mentioned before, one of the deadliest roads.  
18           And part of the issue are on- and off-ramps 
19           and the clover construction.  And we 
20           discussed this before, that the Southern 
21           State Parkway was not meant to carry all the 
22           amount of cars that it carries now.  But 
23           honestly, we need to start looking at what we 
24           have on the island to stop the amount of 
                                                                   92
 1           crashes that we're seeing.  And not just 
 2           crashes but, honestly, deaths that we're 
 3           currently seeing on Long Island.
 4                  DOT COMMISSIONER DOMINGUEZ:  So we've 
 5           undertaken an enormous amount of work over 
 6           the last 10 years, I would say.  Most 
 7           recently we have done an upgrade on all the 
 8           Wrong Way Do Not Enter signs, all the 
 9           pavement markings, all the counter-flow 
10           arrows that are in and around all of the 
11           exits.  We've upgraded in advance all of the 
12           bridges' bridge height signs.  We have milled 
13           and filled the Southern State Parkway from 
14           the Queens/Nassau line up to the Sagtikos 
15           State Parkway.  We've done concrete pavement 
16           repairs to all the ramps from the 
17           Queens/Nassau line to the Sagtikos.  We've 
18           extended numerous ramps across the board.
19                  The projects that we currently have in 
20           construction on the Southern State include a 
21           westbound Southern State Parkway 
22           reconstruction project at Exit 15, the Corona 
23           ramps.  That's going to eliminate some of the 
24           south -- we're going to take out a ramp there 
                                                                   93
 1           and --
 2                  (Time clock sounds.)
 3                  DOT COMMISSIONER DOMINGUEZ:  Anyway, 
 4           the bottom line, I just want to say we've got 
 5           upcoming work and additional enhancements on 
 6           the Southern State, so please know that we 
 7           are continuing our work.
 8                  CHAIRMAN PRETLOW:  Thank you, 
 9           Madam Commissioner.
10                  Before I go on, we've been joined by 
11           Assemblymembers Gallagher, Romero and Hooks.
12                  Next on my list is Assemblymember 
13           Alvarez.
14                  ASSEMBLYMAN ALVAREZ:  Good morning, 
15           Commissioner, and thank you for your 
16           testimony and the good work that you're doing 
17           at DOT.
18                  Let me go back to the Bronx.  I'm 
19           seeing that the Executive proposal for the 
20           fourth year of the DOT capital plan includes 
21           a combined 75 million to advance the plan to 
22           reconnect communities divided by the 
23           Cross Bronx Expressway, as well as the 
24           Interstate 787 here in Albany.
                                                                   94
 1                  Regarding the communities along the 
 2           Cross Bronx Expressway, what specific 
 3           measures does the plan entail?
 4                  DOT COMMISSIONER DOMINGUEZ:  What 
 5           we're looking to do is build off of the -- 
 6           the Governor specifically included in her 
 7           Executive Budget dollars for New York State 
 8           DOT to begin an environmental assessment.  
 9           We're really looking at that PEL study, which 
10           is a linkage study -- that will help us then 
11           further expand into a full-scale EIS -- on 
12           what the vision of the Cross Bronx could be.  
13                  So right now we're partnered with the 
14           city on a visioning study to reimagine what 
15           the Cross Bronx can be.  The next step in 
16           that process -- because we're about to 
17           publish the visioning report -- the Governor, 
18           anticipating that, included money in her 
19           Executive Budget to take us to that next step 
20           and invest in it.  And that includes the 
21           beginning of the environmental review 
22           process.  And that's what those dollars are 
23           for.  
24                  That will then take us to defining 
                                                                   95
 1           more specifically what the alternatives could 
 2           be, how we could look at potential capping in 
 3           different sections of the Cross Bronx, all 
 4           the things that we've been discussing, and 
 5           initial discussions with the community will 
 6           now be taken to that next level and really 
 7           enhanced.
 8                  ASSEMBLYMAN ALVAREZ:  Thank you.  
 9                  I have another question here.  I also 
10           noticed two new appropriations meant to 
11           offset the proposed All Funds that decreases 
12           the DMV by 26.5 percent from the last fiscal 
13           year.  Can you provide more specifics 
14           regarding the 5 million General Fund 
15           appropriation for the hiring of drug  
16           recognition experts related to driving while 
17           intoxicated?
18                  DOT COMMISSIONER DOMINGUEZ:  No, sir, 
19           I can't, but I'm sure my colleague who will 
20           be testifying later this afternoon from the 
21           DMV might be elaborate on it.
22                  ASSEMBLYMAN ALVAREZ:  Oh, I thought 
23           DMV belongs to DOT.
24                  DOT COMMISSIONER DOMINGUEZ:  Correct, 
                                                                   96
 1           no.  
 2                  ASSEMBLYMAN ALVAREZ:  Fine.  Thank 
 3           you.  I'll yield my time back to the chair.
 4                  CHAIRMAN PRETLOW:  It goes into the 
 5           ethos {sic}.
 6                  (Laughter.)
 7                  CHAIRMAN PRETLOW:  Senator?  
 8                  CHAIRWOMAN KRUEGER:  Thank you.  
 9                  I think I'm the last Senator.  I'll 
10           take my ten minutes now.
11                  Appreciate all your work, 
12           Commissioner.  And it's certainly a complex 
13           world we're living in.  
14                  So all of the state agencies are 
15           responsible for evaluating particularly their 
16           capital projects in relationship to the 
17           CLCPA.  So I believe you have 40 new capital 
18           projects in your pipeline; I could be wrong 
19           on the number.  And so I'm curious, do you 
20           have a system in place to evaluate the impact 
21           of those projects from the standards of the 
22           CLCPA and also impacts on disadvantaged 
23           communities as required within CLCPA?  
24                  DOT COMMISSIONER DOMINGUEZ:  We do, 
                                                                   97
 1           Madam Chair.  What we do is we look at 
 2           everything through the lens of, first and 
 3           foremost, the environmental review process 
 4           that we have to go through, the standards 
 5           that are articulated in NEPA.  
 6                  And in doing so we also look at what 
 7           the CLCPA requirements are and how we are 
 8           complying with each of those.  So as we do 
 9           that, we look at everything, like I said, 
10           from impacts on communities, what those 
11           are -- air, traffic, the like.  And in 
12           addition to that, we're also looking at 
13           making sure that all the materials -- if we 
14           go into construction, what are we looking at.  
15                  In terms of some of the things that 
16           we've been able to advance, we just got a 
17           federal grant, as I was stating earlier, to 
18           really look -- and I really hope the federal 
19           dollars come through -- at low-carbon 
20           construction materials.  
21                  So the gamut of everything that we 
22           look at in our projects is pretty robust, to 
23           help us execute on it.
24                  CHAIRWOMAN KRUEGER:  So a number of 
                                                                   98
 1           states have actually put into law 
 2           requirements to attempt to decrease the 
 3           number of miles driven in their states -- 
 4           again, as part of their environmental goals.  
 5                  And some people wonder if efforts by 
 6           State DOT to do expansion of the width of 
 7           various highways is actually in conflict with 
 8           those goals.  And I'm curious how you do that 
 9           kind of analysis in your department.
10                  DOT COMMISSIONER DOMINGUEZ:  So there 
11           are a number of efforts I would say 
12           nationwide to look at how vehicle miles 
13           traveled are actually examined.  
14                  And we are learning -- we are part of 
15           different consortiums with sister states, I 
16           would say in particular Eastern states, that 
17           are looking at vehicle miles traveled and 
18           what some of the results of some of those 
19           studies are.  
20                  So we're keeping an eye on all of that 
21           and how that actually translates then into 
22           potential opportunities for New York.  I'll 
23           say that we are definitely studying it.  
24                  The second piece of it is really to 
                                                                   99
 1           look at -- we're not interested -- I think 
 2           some folks are really looking at what we do 
 3           and what we look at.  We have to, by law, 
 4           look at every alternative when we look at a 
 5           project, especially capital projects.  
 6                  And, you know, I think some of the 
 7           concern that's been expressed, as you just 
 8           stated, is are we, you know, in some way 
 9           looking at building additional highway 
10           lane-miles.  We have to, by law, look at 
11           every alternative, whether it's a no-build 
12           alternative or perhaps looking at additional 
13           lanes.  
14                  Does that mean that we actually select 
15           those?  We have to work with the community on 
16           every single project on how we actually are 
17           going to select alternatives when we go 
18           forward.
19                  But the number of aspects or the 
20           reasons to move a project forward can be 
21           really diverse.  Is it asset preservation?  
22           Is it safety?  Regardless of whatever it is, 
23           we want to make sure that we're going through 
24           a thoroughly robust environmental process, 
                                                                   100
 1           whether that's for air quality emissions, et 
 2           cetera, health-related concerns, and making 
 3           sure that we require these mitigation 
 4           measures to offset anything that we're 
 5           actually doing.  
 6                  And, in addition, to make sure that 
 7           we're complying with our CLCPA requirements.  
 8                  I would say, if it's -- you know, RPA 
 9           actually did a study recently that they 
10           published that said that NYSDOT was cited as 
11           leading the country in terms of transit 
12           investments -- which is obviously a 
13           low-carbon alternative both for capital and 
14           operating budgets -- and by continuing to 
15           grow the transit aid, as this Executive 
16           Budget reflects.  
17                  And, you know, just under 1 percent of 
18           the current projects that are on the 
19           Statewide Transportation Plan are really 
20           devoted to helping us do that.  
21                  Anyway, RPA deems that highway 
22           widening or, you know, highway capacity is 
23           really under that 1 percent threshold, and I 
24           would cite that to anyone who's looking to 
                                                                   101
 1           understand how we're actually doing it.
 2                  CHAIRWOMAN KRUEGER:  Thank you.  
 3                  So this isn't really a TV commercial, 
 4           but I'm just pointing out the Comptroller's 
 5           office has shown up every day with these 
 6           handy cheat sheets on audits and reports 
 7           they've done on whatever agency is in front 
 8           of us that day.  So I want to thank the 
 9           Comptroller for doing these kinds of reports.  
10           But also I think it highlights how important 
11           oversight and questions are.
12                  So one of the reports they did a 
13           couple of years ago was the Dedicated Highway 
14           and Bridge Trust Fund, which I believe is 
15           under your department, and they made 
16           recommendations to reduce the Dedicated 
17           Highway and Bridge Trust Fund expenditures 
18           for state operations and debt service, 
19           increase the share of capital funds financed 
20           through pay-go rather than bonding, and 
21           reduce reliance on annual General Fund 
22           transfers.
23                  Has your department reviewed that 
24           audit and followed up on any of these 
                                                                   102
 1           recommendations?
 2                  DOT COMMISSIONER DOMINGUEZ:  We have 
 3           looked at it.  And I would say at the end of 
 4           the day a lot of that gets to the financing 
 5           of how transportation is paid for.  And I 
 6           would leave that to the discretion of the 
 7           Executive and the Legislature.
 8                  CHAIRWOMAN KRUEGER:  And let's talk 
 9           about design-build, because that's been 
10           relatively controversial up here for a number 
11           of years, and we the Legislature have 
12           expanded it and allowed it for some things, 
13           and you've used it I believe quite a bit.
14                  DOT COMMISSIONER DOMINGUEZ:  Yes.
15                  CHAIRWOMAN KRUEGER:  So have you been 
16           able to evaluate the pluses and minuses of 
17           our giving you and other state agencies more 
18           design-build authority?
19                  DOT COMMISSIONER DOMINGUEZ:  So we -- 
20           I would say New York State DOT was an early 
21           adopter of design-build within the state 
22           agency framework.  It has been a very 
23           valuable tool in our toolbox.  It has given 
24           us a lot of flexibility and allowed us to 
                                                                   103
 1           move forward on projects that we might not 
 2           have otherwise been able to.
 3                  It's particularly helpful in some of 
 4           the larger, more complex projects.  But what 
 5           I mean by it's a good tool in our toolbox is 
 6           it's not the only tool.  
 7                  We're able to, for instance, on the 
 8           I-81 project, we have a mix of contracts that 
 9           we're able to execute.  And in doing so, 
10           whether it's design-bid-build or 
11           design-build, it gives us the flexibility to 
12           work with the contracting community to make 
13           sure that we've got contractors available 
14           that are able to do the work.  At the same 
15           time it can run on the time frame, if you 
16           will, and the project design elements that 
17           we're interested in executing.
18                  And I would say the other opportunity 
19           under design-build that is really unique -- 
20           and New York I think is a leader nationwide 
21           on our design-build application -- is that it 
22           gives us some flexibility on alternative 
23           technical concepts that we might not have 
24           been able to otherwise capture in a 
                                                                   104
 1           traditional bid process.
 2                  So the contractors come to the table 
 3           with some concepts that we're then able to 
 4           evaluate.  So it's an interesting ...  
 5                  CHAIRWOMAN KRUEGER:  Okay.  And 
 6           someone earlier asked you about a shortage 
 7           perhaps of salt in upstate New York, and I 
 8           think you answered that there's not a 
 9           problem.  
10                  But there's concerns occasionally 
11           about certain municipalities using products 
12           on their roadways that are very 
13           environmentally dangerous, particularly in 
14           the runoff into the water system.  
15                  So does DOT have specific rules or 
16           standards that are used for what products can 
17           and cannot go on the roads in New York?
18                  DOT COMMISSIONER DOMINGUEZ:  We look 
19           at a series of things.  We just actually 
20           completed a study in the Adirondacks, 
21           Adirondack Park, along with DEC, the 
22           Adirondack salt Task Force.  Our work with 
23           DEC was completed with a number of 
24           stakeholders from the park last year.  
                                                                   105
 1                  And we came up with a variety of I 
 2           think really critical recommendations that 
 3           we've been executing on along with DEC.  Part 
 4           of those recommendations, in addition to the 
 5           best practices that we're undertaking at DOT, 
 6           include helping to further educate local 
 7           municipalities on salt usage.  And that would 
 8           include materials -- what are they using, 
 9           what types of salt -- you know, what are they 
10           doing to make sure that they're addressing 
11           snow, ice, and the relevant vegetation 
12           concerns, et cetera, and some of those best 
13           practices.
14                  Because obviously just -- best 
15           practices are what really need to be applied 
16           here.  One of the measures that New York 
17           State DOT has done is we've calibrated our 
18           trucks and we are monitoring how much salt 
19           we're actually distributing.  And in doing 
20           so, we understand exactly what the existing 
21           condition on the roadway is, how much salt 
22           we're applying, and the safety factor that 
23           we're accounting for.  
24                  So it's been a huge tool for us.  We 
                                                                   106
 1           hope to share a lot of those best practices 
 2           with localities.
 3                  CHAIRWOMAN KRUEGER:  Thank you very 
 4           much.
 5                  CHAIRMAN PRETLOW:  Thank you.  
 6                  Assemblymember Mitaynes.
 7                  ASSEMBLYWOMAN MITAYNES:  Thank you.  
 8                  Can you share with us an example of 
 9           how the agency has been applying Section 7 of 
10           the Climate Law to the decisions regarding 
11           how to allocate federal highway funding?
12                  DOT COMMISSIONER DOMINGUEZ:  So with 
13           regard to how we're actually looking at 
14           federal highway aid, we look at -- like I 
15           said before -- a number of factors.  
16                  So we have -- what we're trying to do 
17           right now is put together all the 
18           requirements that are under Section 7.  We 
19           have a plan that we're executing and we're 
20           developing -- we're developing, and then we 
21           will execute.  
22                  Specifically on those requirements, 
23           we're following the Executive Order 22 that 
24           the Governor has put forward to implement 
                                                                   107
 1           CLCPA and all the requirements under that.
 2                  ASSEMBLYWOMAN MITAYNES:  This is 
 3           around the Governor's proposal to require 
 4           daylighting within 1,000 feet of elementary 
 5           schools in New York City.  What safety impact 
 6           will this have?  
 7                  DOT COMMISSIONER DOMINGUEZ:  I hope 
 8           that it will have a huge safety impact in the 
 9           sense that, first and foremost, it's not 
10           something New York State DOT has control 
11           over.  It's not jurisdictionally ours.  It is 
12           actually with City DOT.  
13                  But the bottom line is anything -- I 
14           support the Governor's actions in the sense 
15           that anything we can do to enhance safety for 
16           school-age children is important.
17                  CHAIRMAN PRETLOW:  Is that it?
18                  ASSEMBLYWOMAN MITAYNES:  Yes.
19                  CHAIRMAN PRETLOW:  Senator?  
20                  CHAIRWOMAN KRUEGER:  Ah, thank you.  
21                  We have Senator Bynoe.
22                  SENATOR BYNOE:  Thank you, 
23           Madam Chair.
24                  Good morning, Commissioner.
                                                                   108
 1                  DOT COMMISSIONER DOMINGUEZ:  Good 
 2           morning.
 3                  SENATOR BYNOE:  So I'm representing 
 4           Nassau -- some of Nassau County's South Shore 
 5           communities.  And with the severe weather and 
 6           flood-prone areas, I'm wondering, with the 
 7           aging infrastructure, what are you doing in 
 8           terms of funding those issues on Long Island 
 9           to build out resiliency?
10                  DOT COMMISSIONER DOMINGUEZ:  I will 
11           tell you that every single project that we 
12           undertake in Long Island factors that in.  
13           Because obviously it's an island, so you've 
14           got a number of flooding-related factors.  
15           That, along with the actual materials -- you 
16           know, you don't have to dig too far to 
17           actually hit sand.  
18                  So realizing that drainage and flood 
19           mitigation is critical to absolutely 
20           everything that we do.  We just completed a 
21           project on Crooked Hill Road that encompassed 
22           all of that, created one of the -- a very 
23           significant drainage improvement for that 
24           whole area.  
                                                                   109
 1                  So it's factored into everything.
 2                  SENATOR BYNOE:  Okay.  And then could 
 3           you talk a little bit about the State Touring 
 4           Routes and that program?  
 5                  DOT COMMISSIONER DOMINGUEZ:  Sure.  
 6                  It's something actually that the 
 7           Legislature put forward.  Senator Cooney's 
 8           predecessor put forward a proposal to create 
 9           State Touring Routes that are directed 
10           primarily at more urban centers, where 
11           localities have access to funds to help 
12           support the roadways in those areas.
13                  SENATOR BYNOE:  Okay.  And to your 
14           recollection, is Nassau County participating 
15           in that program?
16                  DOT COMMISSIONER DOMINGUEZ:  I would 
17           imagine so, but I would have to come back to 
18           you with the exact opportunity.  It usually 
19           does have opportunity in larger urban areas.
20                  SENATOR BYNOE:  Okay.  And then in 
21           terms of electrifying the buses, I'm 
22           wondering if they're tapping into those funds 
23           as well.
24                  DOT COMMISSIONER DOMINGUEZ:  Yes.  A 
                                                                   110
 1           number of the non-MTA transit authorities are 
 2           looking at opportunities, especially with the 
 3           new ZETT opportunity the Governor just 
 4           published last December.  We are working with 
 5           all the transit -- the non-MTA transit 
 6           authorities to look to see how those funds 
 7           can be accessed.
 8                  And that does provide not just buses, 
 9           zero-emission buses, but charging facilities 
10           and the buildout that goes along with that.
11                  SENATOR BYNOE:  Okay.  Thank you very 
12           much, Commissioner.
13                  DOT COMMISSIONER DOMINGUEZ:  You're 
14           welcome.
15                  CHAIRWOMAN KRUEGER:  Assembly.  
16                  CHAIRMAN PRETLOW:  Assemblymember 
17           Tapia.
18                  ASSEMBLYWOMAN TAPIA:  (Mic off.)  
19           Thank you.  Good morning.  Thank you, 
20           Commissioner, for being here -- (mic on).  
21           Okay, I didn't put the thing.  Thank you.  
22                  (Laughter.)
23                  ASSEMBLYWOMAN TAPIA:  I represent the 
24           Boogie Down Bronx, and I want to ask you 
                                                                   111
 1           specifically about the Cross Bronx 
 2           Expressway, which is something that we are 
 3           really, really worried about it.  
 4                  We have heard concerns from residents 
 5           and from advocates regarding the proposed 
 6           east-west connector to repair the five 
 7           bridges across the Cross Bronx.  And 
 8           specifically, we have concerns that this 
 9           would increase car traffic in the Bronx.
10                  Can you just provide some more 
11           information regarding the ramifications of 
12           that project?  Because, I mean, what we are 
13           doing with one hand, we might be destroying 
14           it with the other one if we increase the 
15           number of vehicles that are going to be 
16           trafficking.
17                  DOT COMMISSIONER DOMINGUEZ:  I'd be 
18           happy to.
19                  So what we started to undertake last 
20           September, we're undertaking an environmental 
21           review process to look to develop some 
22           alternatives about how we would actually 
23           undertake the rehabilitation and replacement 
24           of these five bridges.  In other words, what 
                                                                   112
 1           would the projects look like, and what would 
 2           be the means and methods by which we looked 
 3           at it.  
 4                  So there's five bridges that need to 
 5           be looked at and that need to be replaced or 
 6           rehabilitated along a one-mile stretch of the 
 7           Cross Bronx.  Looking at that, there's 
 8           several different alternatives that we -- 
 9           based on the conversations that we're having 
10           with the community and the engagement that 
11           we're undertaking, you know, we can go 
12           everything from don't do anything, the 
13           no-build alternative, all the way up to a 
14           number of other opportunities.  
15                  But I think the two critical things 
16           that are on the table are:  Do we undertake 
17           the project within the existing parameters of 
18           the Cross Bronx?  Which would mean that we 
19           would have to stage traffic in different 
20           ways.  It would likely take two years longer 
21           in construction.  Or do we build a diversion 
22           road to take traffic off of the Cross Bronx 
23           so that we could complete the project, the 
24           five bridges, complete those five bridges two 
                                                                   113
 1           years faster?  
 2                  So that's kind of the difference.  The 
 3           question then would be if we did build the 
 4           diversion road, would that be a road that 
 5           remains a road or do we turn it into a 
 6           pedestrian and bike access facility only?  Do 
 7           we limit it just to MTA and, you know, 
 8           transit options?  
 9                  There's -- those are the conversations 
10           and the engagement that we're trying to 
11           undertake right now with the community to 
12           best understand what's going to be in the 
13           best needs of the community, understanding 
14           that we have to undertake the construction, 
15           but what's going to be that positive way 
16           forward.
17                  ASSEMBLYWOMAN TAPIA:  Thank you, 
18           Commissioner.
19                  CHAIRWOMAN KRUEGER:  We have Senator 
20           Roxanne Persaud.
21                  SENATOR PERSAUD:  Good morning, 
22           Commissioner.
23                  DOT COMMISSIONER DOMINGUEZ:  Good 
24           morning, ma'am. 
                                                                   114
 1                  SENATOR PERSAUD:  I do not have any 
 2           questions for you per se.  I just wanted to 
 3           make sure publicly I thank you and your staff 
 4           for working with myself and my staff on the 
 5           issues that we've brought to your attention.  
 6                  I think sometimes, you know, we're 
 7           constantly calling and we seem to have a 
 8           hotline to your team.  But they have always 
 9           been responsive and receptive to anything 
10           that we have asked them to assist us with, 
11           especially the complaints about pigeons and, 
12           you know, the issues.  Anyone who has pigeons 
13           in their district with major issues, they'll 
14           understand what we're talking about.  
15                  (Laughter.)
16                  SENATOR PERSAUD:  But again, I really 
17           want to thank you and your team for always 
18           working with us.  Thank you.  
19                  DOT COMMISSIONER DOMINGUEZ:  Thank 
20           you, Senator.  That's very kind of you.
21                  I have to say I've learned a lot 
22           myself.  
23                  (Laughter.)
24                  DOT COMMISSIONER DOMINGUEZ:  I 
                                                                   115
 1           appreciate that, and I'll take it back to our 
 2           team.  Thank you.
 3                  CHAIRWOMAN KRUEGER:  Thank you.
 4                  Chairs are allowed to have a 
 5           three-minute follow-up, so Chair Jeremy 
 6           Cooney.
 7                  SENATOR COONEY:  Thank you, Chair.  I 
 8           appreciate it.  
 9                  Commissioner, let's talk about worker 
10           safety if we can.  I know this is important 
11           to you, and I want to be on record with 
12           supporting the Executive's proposal for 
13           worker assaults and criminal penalties.  We 
14           have to get that done.  I carry that 
15           legislation in the Senate.
16                  But I want to talk about the Work Zone 
17           Speed Camera Program specifically, if I can.  
18           The proposal if the Executive Budget is to 
19           make that Work Zone Speed Camera program 
20           permanent.  And since there hasn't been a 
21           report yet on that program, can you talk 
22           about the effectiveness of that program?  
23                  And specifically I want to point 
24           you -- and we've talked about this before -- 
                                                                   116
 1           to one of the cameras that was operating in 
 2           my district in the City of Rochester where 
 3           there were 25,000 tickets issued over the 
 4           course of 24 days, which seemed a little 
 5           excessive to me.  
 6                  But can you talk about not only the 
 7           effectiveness of the program -- are we 
 8           meeting our goals to increase safety -- but 
 9           in terms of the signage and the notification 
10           so that drivers know to be prepared for these 
11           new work site speed zone cameras.
12                  DOT COMMISSIONER DOMINGUEZ:  So 
13           foremost, thank you for your support of the 
14           program.  
15                  Overall it is one of the things that, 
16           you know, in talking to my colleagues up and 
17           down the East Coast, but then nationwide -- 
18           like I said before, I was recently in D.C. 
19           earlier this week.  Work zone safety is I'm 
20           sure going to be -- I think New York is one 
21           of the national leaders.  We've had some 
22           states on the East Coast that have also taken 
23           this initiative.  
24                  But I do look forward to it being a 
                                                                   117
 1           national issue, perhaps in the 
 2           reauthorization at the federal level of the 
 3           Surface Bill.
 4                  With that said, in answer to your 
 5           question, the bottom line is the program's 
 6           working.  We -- part of our requirements in 
 7           setting up a work zone are to make sure that 
 8           the work zone is set up according to 
 9           engineering standards but, more importantly, 
10           to make sure that the signage is there so 
11           that any driver coming through understands 
12           that this is a camera-enforced work zone.  
13                  The data is showing that, just like 
14           the site we had in Rochester, the longer the 
15           work zone is in place, the fewer notices of 
16           violations.  While that number was 
17           significant, that area happened to be a 
18           40-mile-an-hour speed limit.  We didn't 
19           reduce the speed limit in that area.  We just 
20           simply put up a sign that said "This is a 
21           work zone."  People were still moving through 
22           there really fast, and that's why they got 
23           ticketed.
24                  SENATOR COONEY:  Well, and there was a 
                                                                   118
 1           lot of money collected through that process, 
 2           through the fine process.  And I understand 
 3           that that goes to the Worker Safety Fund in 
 4           terms of being able to be reinvested into 
 5           things --
 6                  DOT COMMISSIONER DOMINGUEZ:  Correct.
 7                  SENATOR COONEY:  And I hope that -- I 
 8           know we don't have time today, but we can 
 9           talk further about how those dollars will be 
10           allocated out of the lockbox so that we keep 
11           our roads and communities safer.  Thank you, 
12           Commissioner.  
13                  DOT COMMISSIONER DOMINGUEZ:  And they 
14           go directly back into those worker safety 
15           initiatives.
16                  SENATOR COONEY:  Thank you, 
17           Commissioner.  Thank you, Chair.
18                  CHAIRWOMAN KRUEGER:  Thank you.
19                  Assembly.  
20                  CHAIRMAN PRETLOW:  Assemblyman Bores.  
21                  ASSEMBLYMAN BORES:  Hi, Commissioner.  
22           Thanks for being here.
23                  DOT COMMISSIONER DOMINGUEZ:  Hello, 
24           Assemblyman.  
                                                                   119
 1                  ASSEMBLYMAN BORES:  There was a report 
 2           in August of 2023 about spending from the 
 3           Bipartisan Infrastructure Bill.  Six billion 
 4           dollars at that point had been given to 
 5           New York State in flexible funds that could 
 6           be used for any kind of work.  And about 
 7           90 percent had been given to highways and 
 8           car-based infrastructure, and only 1 percent 
 9           of those flexible funds had gone towards mass 
10           transit or buses or sidewalks or things like 
11           that.
12                  I'm wondering if there's any updates 
13           on those numbers of how, when we have the 
14           choice of spending federal dollars, how we 
15           end up spending them.
16                  DOT COMMISSIONER DOMINGUEZ:  So I will 
17           tell you, we take the dollars and incorporate 
18           them directly into our five-year capital plan 
19           that we're executing now.  So we're taking 
20           the money that we got from the Bipartisan 
21           Infrastructure Bill, along with a record 
22           level of state investment, and that's what 
23           we're executing on.  That's the 34 billion 
24           that we've got.
                                                                   120
 1                  Off the top of the New York State 
 2           Department of Transportation's budget, 
 3           $9 billion is going directly to transit.  
 4           Eight billion of that goes directly from 
 5           New York State DOT's budget into MTA.
 6                  ASSEMBLYMAN BORES:  Oh, I want to be 
 7           very clear, I think you're doing a great job 
 8           supporting and we're spending money on the 
 9           MTA and transit outside of New York State.  
10           So I don't mean to imply anything like that.  
11                  I'm just saying of the federal funds 
12           where we have the option to spend it, are we 
13           looking at how much is going into -- are 
14           there any updates on how much is going into 
15           car infrastructure versus transit?
16                  DOT COMMISSIONER DOMINGUEZ:  
17           Absolutely.  And the other portion of those 
18           funds that we give directly to MTA come out 
19           of our CMAQ dollars.  My point is, is that 
20           regardless if it's federal or state funds off 
21           the top from New York State's 33 -- hopefully 
22           $34 billion budget, 9 billion of that is 
23           going directly into transit.
24                  ASSEMBLYMAN BORES:  Okay.  Thank you.
                                                                   121
 1                  Obviously keeping our roads safe and 
 2           secure is important, where we're a spread-out 
 3           state and in emergency circumstances or 
 4           weather like today we want to make sure those 
 5           roads are working. 
 6                  We also -- from 2019 to 2024, our six 
 7           largest cities all saw increases in the 
 8           number of miles driven.  That makes it harder 
 9           for us to achieve our climate goals.  Some -- 
10           like Buffalo, I think, had a 25 percent 
11           increase in terms of its miles driven.
12                  When you're thinking about planning 
13           our road infrastructure, how we're spending 
14           our dollars, how do you take into account our 
15           climate goals and hopefully reducing the 
16           amount that people are dependent on personal 
17           cars?
18                  DOT COMMISSIONER DOMINGUEZ:  We look 
19           at everything.  I mean, that's the great 
20           thing about a lot of the planning studies 
21           that we undertake.  We really want to -- 
22           right now we're executing a master plan, a 
23           statewide master plan.  We're in the process 
24           of developing it and looking at it, and 
                                                                   122
 1           that's looking at every level of mobility.  
 2                  Regardless of how people want to move, 
 3           we want to make sure that there's access to 
 4           transportation and that there's the ability 
 5           to do it.  If you want to walk, if you want 
 6           to bike, whatever you want to access transit, 
 7           it's going to be there.  And that's the level 
 8           of investment we're looking at.
 9                  ASSEMBLYMAN BORES:  Thank you.
10                  CHAIRMAN PRETLOW:  Thank you.
11                  Assemblywoman Shimsky.
12                  ASSEMBLYWOMAN SHIMSKY:  Thank you very 
13           much, Mr. Chairman.
14                  Thank you so much, Commissioner 
15           Dominguez.  Thanks to you and your staff for 
16           always being accessible and for listening and 
17           engaging with us.
18                  I just want to say how grateful we are 
19           for the $800 million in increases for the 
20           core roads and bridges program.  Do you see 
21           this money allowing additional emphasis on 
22           improving pavement conditions?  
23                  DOT COMMISSIONER DOMINGUEZ:  Yes, I 
24           do.
                                                                   123
 1                  ASSEMBLYWOMAN SHIMSKY:  Great.  Just 
 2           what I want to hear.
 3                  Is the work going to be done with new 
 4           projects, or is it just going to be 
 5           reprioritizing what's already on the -- 
 6                  DOT COMMISSIONER DOMINGUEZ:  What 
 7           we're looking to do is making sure that the 
 8           existing projects that were within the MOU 
 9           scope are executed.  If for some reason they 
10           can't be within the time frame of the capital 
11           plan, we will pull in other projects and make 
12           sure that they are executed.  
13                  The bottom line is is that we want to 
14           use the money wisely, according to our asset 
15           management strategy, which is informed by 
16           data, which gets to the road and bridge 
17           conditions that we're trying to address.
18                  ASSEMBLYWOMAN SHIMSKY:  Right.  
19                  I just want to add to the chorus about 
20           Region 8 and giving emphasis to parts of the 
21           state with the most problematic conditions.  
22           As you know, Region 8 has the largest number 
23           of road miles.  It also has the worst 
24           conditions, and its relative conditions 
                                                                   124
 1           vis-a-vis the average throughout the state 
 2           has been widening.
 3                  So anything we can do to make sure 
 4           that the Hudson Valley gets some of the 
 5           needed repairs, that would be really great.
 6                  DOT COMMISSIONER DOMINGUEZ:  I 
 7           appreciate that.  Understanding that you know 
 8           this better than anyone, we've got the most 
 9           lane-miles in the Hudson Valley, some of the 
10           oldest roads in the state, and we also have 
11           extreme weather that we deal with.  So 
12           oftentimes --
13                  ASSEMBLYWOMAN SHIMSKY:  (Inaudible.)
14                  DOT COMMISSIONER DOMINGUEZ:  Yeah, 
15           exactly.  Freeze-thaw cycles don't help.
16                  So making sure that we can manage our 
17           roadways and address the road conditions.  
18           That's exactly what these dollars are 
19           intended for.
20                  ASSEMBLYWOMAN SHIMSKY:  And having 
21           this 800 million is fantastic.  But in order 
22           to fully catch up and make sure all of our 
23           roads are in a better state of repair, we are 
24           going to have to continue extra investments 
                                                                   125
 1           going forward.
 2                  What do you see as the best ways to 
 3           keep the momentum going forward?  
 4                  DOT COMMISSIONER DOMINGUEZ:  I -- I 
 5           think that is a great discussion that the 
 6           Executive and the Legislature might 
 7           undertake.
 8                  ASSEMBLYWOMAN SHIMSKY:  Okay, great.
 9                  In terms of CHIPS, my mayors don't 
10           want any more bureaucracy.  They want more 
11           money into CHIPS.  An extra $250 million 
12           would help put the local roads in parity with 
13           the state roads in terms of additional 
14           investment.
15                  CHAIRMAN PRETLOW:  Thank you, 
16           Assemblywoman.
17                  Assemblyman Fall.
18                  ASSEMBLYWOMAN SHIMSKY:  Thank you.
19                  DOT COMMISSIONER DOMINGUEZ:  Thank 
20           you.  
21                  ASSEMBLYMAN FALL:  Good morning, 
22           Commissioner.
23                  DOT COMMISSIONER DOMINGUEZ:  Good 
24           morning.
                                                                   126
 1                  ASSEMBLYMAN FALL:  And thank you for 
 2           being here.  And thank you for your 
 3           leadership.
 4                  In the sixth paragraph of your 
 5           testimony, you mentioned the importance of 
 6           undoing the planning mistakes of the past and 
 7           providing new opportunities for growth.
 8                  That I think also applies for the 
 9           Staten Island Expressway.  About a decade ago 
10           there was some federal funding that was 
11           received by the state, and there was a 
12           massive undertaking of redoing the whole 
13           Staten Island Expressway, but it did not 
14           include expansion of the HOV lane.  Right?
15                  DOT COMMISSIONER DOMINGUEZ:  Correct.
16                  ASSEMBLYMAN FALL:  And so as you know 
17           very well, when you get closest to the 
18           Bradley Avenue exit, it becomes a bottleneck.  
19           Right?  And that creates traffic in the area 
20           where there's tough challenges or there are 
21           challenges with public transit.
22                  And of course we understand that the 
23           proposed capital plan is $34 billion.  It 
24           doesn't include any expansion for the HOV 
                                                                   127
 1           expansion on the Staten Island Expressway.  
 2           Kind of curious to know, you know, where does 
 3           that fall in terms of priorities for the 
 4           State Department of Transportation?
 5                  DOT COMMISSIONER DOMINGUEZ:  We've 
 6           done a number of elements to help improve the 
 7           Staten Island Expressway.  Just completed a 
 8           big project there a couple of years ago.
 9                  The bottom line is is that project, 
10           the expansion of the Staten Island 
11           Expressway, is not currently part of the 
12           executed MOU of the five-year capital plan 
13           that we're doing right now.
14                  ASSEMBLYMAN FALL:  Okay.
15                  DOT COMMISSIONER DOMINGUEZ:  So I 
16           would, you know, in the coming years, that 
17           would be a point of discussion between the 
18           Legislature and the Executive.
19                  ASSEMBLYMAN FALL:  All right.  I'm 
20           anxious for that conversation, because this 
21           is something I often hear from about -- from 
22           constituents.  You know, it just doesn't make 
23           sense to the public why it is that way.  So I 
24           would like to work with you and hopefully get 
                                                                   128
 1           it in the next capital plan.  All right?  
 2                  My next question is related to -- you 
 3           mention in the tenth paragraph of your 
 4           testimony some of the work that's being done 
 5           on the West Side Highway in Manhattan.  I 
 6           have part of that in my district.
 7                  And I met with some of your staff and 
 8           City DOT back in June of 2024 related to some 
 9           safety concerns that we have received from 
10           pedestrians and cyclists that live in the 
11           district and in the community.  But we 
12           haven't heard back after various follow-ups.  
13           So if you could please have your team 
14           follow up with my staff, we would like to 
15           kind of get those issues addressed.
16                  DOT COMMISSIONER DOMINGUEZ:  
17           Absolutely.  Be happy to.
18                  ASSEMBLYMAN FALL:  All right.  Thank 
19           you.
20                  DOT COMMISSIONER DOMINGUEZ:  Yeah, 
21           we're just kicking off, so it's just the 
22           beginning.  There'll be lots of time for 
23           engagement with the community.  So I just 
24           want to be clear about that.
                                                                   129
 1                  ASSEMBLYMAN FALL:  Okay.  Thank you.
 2                  DOT COMMISSIONER DOMINGUEZ:  But happy 
 3           to answer any questions with your staff.  
 4           We'll follow up.
 5                  ASSEMBLYMAN FALL:  Appreciate it, 
 6           thanks.
 7                  CHAIRMAN PRETLOW:  Is that it?
 8                  Assemblyman Palmesano.
 9                  ASSEMBLYMAN PALMESANO:  Thank you, 
10           Commissioner.  I know we've talked before; 
11           let me just say this really point-blank:  
12           CHIPS, CHIPS, CHIPS, CHIPS.  
13                  Given the fact that 87 percent of the 
14           roads in New York State are owned and 
15           maintained by our local municipalities and 
16           52 percent of the 18,000 bridges are owned 
17           and maintained by our municipalities, and 
18           given the fact that there's an $800 million 
19           increase for the core program -- which is 
20           good, to help deal with the inflationary 
21           increase -- and given the fact, according to 
22           the Federal Highway Administration National 
23           Highway Construction Cost Index, highway 
24           construction costs over the past three years 
                                                                   130
 1           have increased by 70 percent -- but yet this 
 2           budget, even though it's been perceived as an 
 3           increase of $100 million, it's not.  It's 
 4           flat from last year.
 5                  Last year the Governor proposed 
 6           cutting funding from CHIPS.  We restored the 
 7           funding.  So it's been flat basically the 
 8           past -- since the '23-'24 budget.
 9                  Given this 70 percent increase in the 
10           inflationary costs, how do you justify not 
11           increasing the CHIPS program?  Forget the 
12           historic improvements you've made in the 
13           past.  But isn't that kind of missing the 
14           boat?
15                  DOT COMMISSIONER DOMINGUEZ:  I don't 
16           think so, when you look at it in the 
17           aggregate.  
18                  What we have to do is look at the 
19           entirety of the program.  And I think the 
20           Governor acknowledged that in her budget 
21           proposal:  800 million towards the larger 
22           capital plan to make sure that we can restore 
23           our purchasing power.
24                  And in addition to that, that builds 
                                                                   131
 1           off, as I stated before, the historic amount 
 2           of local assistance that has been provided in 
 3           the capital plan.  That's $6.3 billion -- 
 4                  ASSEMBLYMAN PALMESANO:  I understand.  
 5           I understand.
 6                  DOT COMMISSIONER DOMINGUEZ:  That's an 
 7           85 percent increase over anything we've ever 
 8           seen before.
 9                  ASSEMBLYMAN PALMESANO:  I don't want 
10           to sound rude, and I know I'm cutting you 
11           off, and I apologize.  But I've got three 
12           minutes.  
13                  CHIPS is flat.  The Governor did not 
14           propose a CHIPS increase this year.  She cut 
15           it last year, she proposed cutting it last 
16           year.  
17                  A 70 percent increase in the local 
18           highway construction costs for 
19           municipalities.  This is -- and then we have 
20           the electric vehicle mandate.  There's a 
21           study that I know we had some preliminary 
22           reports at the electric infrastructure 
23           hearing we had last week -- the school bus 
24           mandate, it's the mother of all unfunded 
                                                                   132
 1           mandates, is heading towards our school 
 2           districts.  
 3                  And weight -- a diesel school bus 
 4           weighs about 10 tons per axle.  An electric 
 5           school bus has 14 tons on the front axle and 
 6           25 tons on the rear axle.  It's projected 
 7           that towns -- because the weight is going to 
 8           impact the life of those roads, maintenance 
 9           costs will increase $20,000 to $50,000 per 
10           mile and major reconstruction will increase 
11           550,000.  Those are increases.
12                  Is the DOT and the commissioner ready 
13           to commit to significant increases in CHIPS 
14           funding to help our local roads 
15           infrastructure that are going to bear the 
16           weight of these -- this major unfunded 
17           mandate that's going to be put down on our 
18           local school districts and our towns and our 
19           property tax rates?  Is the state ready to 
20           make that significant commitment for the 
21           future to deal with this unfunded mandate, 
22           major unfunded mandate?
23                  DOT COMMISSIONER DOMINGUEZ:  
24           Assemblyman, I think that what we've been 
                                                                   133
 1           clear about with regard to the existing -- we 
 2           don't see an impact on the state system for 
 3           these EV buses.
 4                  ASSEMBLYMAN PALMESANO:  But our locals 
 5           are going to feel it, and they're going to be 
 6           hurt by it.
 7                  CHAIRMAN PRETLOW:  Thank you, 
 8           Madam Commissioner.
 9                  Assemblymember Jacobson.
10                  ASSEMBLYMAN JACOBSON:  Thank you, 
11           Mr. Chairman.
12                  Good seeing you again, Commissioner.
13                  Your regional office is quite 
14           cooperative, but we still have some 
15           outstanding issues in the Hudson Valley.  You 
16           know, I go from Beacon to Newburgh up the 
17           Hudson, over to Poughkeepsie.  On Route 9D in 
18           Beacon, between the train station and the 
19           bridge, Newburgh-Beacon Bridge, it is a 
20           nightmare whenever a train comes in during 
21           rush hour.  Traffic is backed up.  
22                  The big reason is is that you have two 
23           lanes going north by the bridge, and one lane 
24           turning.  What you need to do -- and I've 
                                                                   134
 1           mentioned this before -- is just like you 
 2           have on the Newburgh side, on 9W, you have 
 3           two lanes merging quickly into one, and that 
 4           would alleviate the problem.  That's a major, 
 5           major problem.  Because traffic gets backed 
 6           up, sometimes it will take 20 minutes to get 
 7           from 90 to the bridge.
 8                  Route 52, from the City of Newburgh to 
 9           Rock Cut Road, is a disaster.  I get calls 
10           all the time.
11                  Route 32, from the intersection of 300 
12           to the Town of Newburgh or Ulster County 
13           border, is terrible. 
14                  Route 300, from 52 to its intersection 
15           with Route 32.
16                  On big issues, we're part of Region 8.  
17           Region 8 is the largest DOT region in terms 
18           of roads.  I mean, that's Westchester, 
19           Putnam, Dutchess, Columbia, Rockland, Orange, 
20           Ulster.  It's huge.  But we don't get the 
21           proportion of the CHIPS money that we should.  
22           So it should be done proportionally.
23                  We need another CHIPS program for 
24           ADA compliance, because I'm sure you know 
                                                                   135
 1           that when you do streets in cities or 
 2           villages where there's sidewalks, the 
 3           ADA-compliance cost is much greater than for 
 4           the paving.
 5                  And while it's not in my district, 
 6           it's important to the region.  When are we 
 7           ever going to start the expansion of 
 8           Route 17?
 9                  DOT COMMISSIONER DOMINGUEZ:  The 17 to 
10           86 project?  What we're doing right now is -- 
11           is that your question?  Like --
12                  ASSEMBLYMAN JACOBSON:  Yeah.
13                  DOT COMMISSIONER DOMINGUEZ:  We have 
14           every intention -- we are advancing the 
15           environmental review of that project right 
16           now, and our goal is to actually start 
17           construction before the end of this capital 
18           plan, in the next two years.
19                  ASSEMBLYMAN JACOBSON:  I thought that 
20           was done last year, the study.
21                  DOT COMMISSIONER DOMINGUEZ:  No, sir.  
22           It's not complete.
23                  ASSEMBLYMAN JACOBSON:  Thank you.
24                  CHAIRMAN PRETLOW:  Thank you.
                                                                   136
 1                  Assemblywoman Gallagher.
 2                  ASSEMBLYWOMAN GALLAGHER:  Good 
 3           morning, Commissioner.
 4                  DOT COMMISSIONER DOMINGUEZ:  Good 
 5           morning, Assemblymember.
 6                  ASSEMBLYWOMAN GALLAGHER:  I am going 
 7           to play the role of nosy neighbor, because I 
 8           know that what happens in communities near 
 9           mine also impacts me.  Right?  So I'm going 
10           to be helping out my friends from the Bronx 
11           over here.  
12                  I know you already talked about the 
13           Bronx expressway bridges project.  But what 
14           I'm curious about is this multimodal 
15           community connector that there hasn't been a 
16           lot of information out about.  But I think a 
17           reporter did a FOIL request, and they got 
18           some interesting information.  Like the speed 
19           limit is 45 miles an hour, it's along the 
20           Cross Bronx Expressway, but it's five lanes.  
21                  It doesn't really seem like it's 
22           trying to connect people from the corner 
23           store to the park.  It sounds like it's like 
24           an adjacent highway that's being added.  
                                                                   137
 1                  So I'd love to hear a little bit more 
 2           about that and, you know, what are your 
 3           plans.  And how is it that the federal 
 4           government is giving us climate resiliency 
 5           money for something that is going to -- it 
 6           sounds like primarily -- I don't want to -- 
 7           as a cyclist, I don't want to ride on a 
 8           45-mile-an-hour road.  So I'm interested in 
 9           hearing more about that plan.
10                  DOT COMMISSIONER DOMINGUEZ:  Sure.  
11                  So I think -- let me just kind of 
12           level-set where we are.  We started an 
13           environmental review process last September 
14           for the five bridges project in the 
15           Cross Bronx.  What we're looking at in the 
16           engagement we've been having with the 
17           community is what should our approach be, 
18           what can we -- because there's two different 
19           approaches we could  potentially take.  
20                  One, do all the work within the 
21           existing framework, if you will, of the 
22           Cross Bronx Expressway itself.  And that 
23           would take a certain number of years.  It 
24           would take an additional two years in 
                                                                   138
 1           construction to do all the work that we need 
 2           to do to replace and rehabilitate the five 
 3           bridges.
 4                  Or should we look at a diversion 
 5           road -- 
 6                  ASSEMBLYWOMAN GALLAGHER:  I just have 
 7           a quick question.  I'm sorry to interrupt, 
 8           but I'm just watching my money -- my money 
 9           tick away?  My time.  
10                  What is the community that you're 
11           talking to, because I heard from a NYCHA 
12           advocate that they had not been talked to.  
13           And the NYCHA facility is right next to this 
14           road.
15                  DOT COMMISSIONER DOMINGUEZ:  Yes, 
16           across.
17                  ASSEMBLYWOMAN GALLAGHER:  So who is 
18           the community that is being asked about this?  
19                  DOT COMMISSIONER DOMINGUEZ:  So we are 
20           doing continuous engagement with both the 
21           Bronx Housing Authority, a number of the 
22           community boards, a number of the advocate 
23           organizations.  We're trying to reach -- 
24           we're just -- our outreach is continuous.  
                                                                   139
 1           Our engagement is continuous.  
 2                  So I'd be happy to work with whoever 
 3           you're talking to --
 4                  ASSEMBLYWOMAN GALLAGHER:  Yeah, no, I 
 5           can definitely connect you to my neighbors -- 
 6                  DOT COMMISSIONER DOMINGUEZ:  Be happy  
 7           to reach out to them.
 8                  ASSEMBLYWOMAN GALLAGHER:  -- who are 
 9           saying that they have not been reached out 
10           to.
11                  CHAIRMAN PRETLOW:  Assemblyman Durso.
12                  ASSEMBLYMAN DURSO:  Thank you, 
13           Commissioner, for being here today.
14                  So I just wanted to touch back on what 
15           some of my colleagues from Long Island was 
16           talking about.  When we spoke about this 
17           7.8 percent number that we have with the 
18           amount of capital funding we receive, you 
19           were saying it was roughly 12 to 15 percent.  
20           So maybe our numbers differ on the amount of 
21           money that's coming to Long Island, but 
22           historically Long Island got well over 
23           20 percent, just -- and especially now, with 
24           the amount of lane-miles that we do have, and 
                                                                   140
 1           the highest concentration of registered 
 2           vehicles within New York State, do you think 
 3           that a program like SHIPs or maybe an MPO 
 4           would be able to help areas like Long Island 
 5           and regions like the Hudson Valley be able to 
 6           get that money that they need to start up 
 7           those projects and finish those road projects 
 8           that specifically even on Long Island we use 
 9           our union contractors to do that work?
10                  Do you think that there's an appetite 
11           for that work to get done by those 
12           contractors and that the MPO and the SHIPs 
13           program could help do that?
14                  DOT COMMISSIONER DOMINGUEZ:  So with 
15           regard to the SHIPs program, that is a 
16           program that was initiated some 30 years ago 
17           or so.  How that actually plays out I think 
18           would be a discussion between the Legislature 
19           and the Executive.  It's not an existing 
20           program now that we execute.
21                  ASSEMBLYMAN DURSO:  But it was 
22           executed at a time, and I'm just -- that's 
23           what I'm asking.  Do you think a program like 
24           that could help to make sure that those two 
                                                                   141
 1           regions get the money in the capital program 
 2           that they deserve and need to keep their road 
 3           and infrastructure up?  
 4                  DOT COMMISSIONER DOMINGUEZ:  I think 
 5           there are a number of programs that are in 
 6           existence right now that the Legislature and 
 7           the Executive have to fund to make sure that, 
 8           you know, roads and bridges are actually 
 9           addressed in the course of our capital plan 
10           as well as access for locals for assistance.  
11                  So my point is is that there are a 
12           number of funding mechanisms across the board 
13           right now.  How you all negotiate on how to 
14           change anything would be at your discretion.
15                  ASSEMBLYMAN DURSO:  So the 
16           disagreement on the number, as far as we have 
17           7.8 percent and you're saying 12 to 
18           15 percent -- 
19                  DOT COMMISSIONER DOMINGUEZ:  I'm not 
20           quite sure where that number came from.  I 
21           don't know -- 
22                  ASSEMBLYMAN DURSO:  How does that 
23           number get worked out?
24                  DOT COMMISSIONER DOMINGUEZ:  It might 
                                                                   142
 1           be like some sort of a split in one time in 
 2           one year.  
 3                  But you have to look at the course of 
 4           our overall investment over a five-year 
 5           capital plan, and our numbers are 
 6           significantly higher over the course of the 
 7           entirety of a five-year capital plan.  The 
 8           level of investment is almost double.
 9                  ASSEMBLYMAN DURSO:  So is the number 
10           of lane-miles and registered vehicles in a 
11           region, in an area, taken into account when 
12           they do the formula for the amount of money 
13           that's going to go to those areas?  
14                  DOT COMMISSIONER DOMINGUEZ:  The way 
15           that we look at it is asset-based.  We have 
16           an asset management system that we actually 
17           employ across the state.  So what DOT does is 
18           really look to make sure that we preserve our 
19           assets as cost effectively as we possibly 
20           can.  
21                  So we calculate the data, we literally 
22           inspect all of our bridges.  We look at the 
23           bridge conditions, we look at our pavement 
24           conditions, and then we look to see what 
                                                                   143
 1           needs to be addressed based on those factors.  
 2           And then we share that information and 
 3           develop the MOU.
 4                  ASSEMBLYMAN DURSO:  Thank you, 
 5           Commissioner.
 6                  CHAIRMAN PRETLOW:  Assemblyman 
 7           Bendett.
 8                  ASSEMBLYMAN BENDETT:  Thank you.
 9                  I had a nice time speaking with you 
10           and your staff a couple of weeks ago, and we 
11           discussed a few things.  And the first thing 
12           that I wanted to say was I know we're in this 
13           room without any windows, but there's people 
14           outside right now that are plowing and 
15           literally risking their lives.
16                  And the reason why I know that is 
17           because I get behind the plow sometimes -- 
18           and I will be later today -- and so I 
19           recognize that.
20                  With CHIPS funding, one of the 
21           problems is, is when it's held flat, our 
22           local highway departments have to make 
23           choices in order to continue to provide the 
24           services that are necessary for our citizens.  
                                                                   144
 1           And when they do so, they have to make cuts 
 2           to perhaps personnel, and different things 
 3           happen that create different safety issues.
 4                  And I just want to say that that is 
 5           something that really concerns me, knowing 
 6           full well what my colleague said, that all of 
 7           the materials have gone up so much in our 
 8           county and town highway departments are 
 9           continuously asked to do more with less.
10                  Do you have any suggestions about how 
11           our local highway departments can continue to 
12           provide the services that they need to 
13           provide when their funding has stayed flat 
14           for so long now?
15                  DOT COMMISSIONER DOMINGUEZ: 
16           Acknowledging that first and foremost the 
17           investment in local assistance, whether it's 
18           through CHIPS or a number of the other 
19           programs that are available -- Pave Our 
20           Potholes, Extreme Winter Recovery -- all of 
21           those local assistance programs have 
22           fundamentally grown over the course of 
23           Governor Hochul's tenure.  She has invested 
24           more than any other Executive in local 
                                                                   145
 1           assistance.  
 2                  And when we look at this capital plan 
 3           in particular, it's a $6.3 billion investment 
 4           that's been leveraged.  In this particular 
 5           budget, an additional hundred million dollars 
 6           has been added to help, again, with CHIPS and 
 7           CHIPS funding.
 8                  The department executes a very robust 
 9           local assistance program.  We work with the 
10           municipalities across the state, the 
11           counties, to make sure that those dollars are 
12           executed as efficiently as they possibly can 
13           be.  We've made some improvements in 
14           literally the processing and the requirements 
15           -- how do we make sure that municipalities 
16           get the biggest bang for their buck and 
17           they're not having to do additional 
18           paperwork?
19                  ASSEMBLYMAN BENDETT:  Can I just 
20           interrupt you quick?  I appreciate all of 
21           that.  It's just that we continue to hear it 
22           from our county and town highway departments 
23           about how much they're struggling.
24                  I hope that you'll go back and maybe 
                                                                   146
 1           help sharpen that pencil and help these 
 2           people out.  Thank you so much.
 3                  DOT COMMISSIONER DOMINGUEZ:  You're 
 4           welcome.
 5                  CHAIRMAN PRETLOW:  Assemblyman Slater.  
 6                  ASSEMBLYMAN SLATER:  Thank you very 
 7           much.  
 8                  And good morning, Commissioner.  
 9           always good to see you.  Appreciate the work 
10           that you and your staff continue to do.
11                  You know, it's funny, there's really 
12           not many times that Republicans and Democrats 
13           here in Albany come together and use a 
14           uniform voice on something.  But I'm hearing 
15           it in the Hudson Valley.  Because we all 
16           know, whether you're Republican or Democrat, 
17           that our communities are suffering right now.  
18           And they're suffering because of the 
19           conditions of the roads that we continue to 
20           see.  And we hear that from our constituents.  
21                  So I'm curious if you can tell me what 
22           the current paving schedule is for the 
23           Hudson Valley compared to the rest of the 
24           state.  Is it on par with the rest of the 
                                                                   147
 1           state?  Is it below?  Is it going to take us 
 2           longer to pave the roads in the Hudson Valley 
 3           at the current investment rate that we're 
 4           going at?  
 5                  DOT COMMISSIONER DOMINGUEZ:  Well, 
 6           let's start from the premise that has been 
 7           stated, which is that in the Hudson Valley 
 8           there are more roadways, it's a denser 
 9           population, there are a higher number of cars 
10           that are actually utilizing the roads.  
11                  That said, what we also do is, as I 
12           mentioned before, we have an asset management 
13           strategy that we undertake -- 
14                  ASSEMBLYMAN SLATER:  Yes, you 
15           mentioned --
16                  DOT COMMISSIONER DOMINGUEZ:  -- to 
17           make sure that we're addressing the most 
18           critical roadways as part of identifying 
19           exactly what needs to go into our capital 
20           plan, and --  
21                  ASSEMBLYMAN SLATER:  I understand that 
22           we're being asked to approve an $800 million 
23           allocation.  Which I think we all support, 
24           but how do we know for sure that the 
                                                                   148
 1           Hudson Valley, our constituents, are going to 
 2           benefit from that $800 million investment?  
 3                  Because it's a great headline, but 
 4           when it comes to actually seeing the results 
 5           in our communities, we just haven't seen that 
 6           in a meaningful way yet.  
 7                  And so I'm wondering, how can you 
 8           assure us that the Hudson Valley will 
 9           actually benefit?
10                  DOT COMMISSIONER DOMINGUEZ:  Because 
11           it's going to be maintained along the 
12           historical allocations that have existed for 
13           purposes of the MOU and how those splits are 
14           made statewide.
15                  ASSEMBLYMAN SLATER:  And are you going 
16           to be willing to share with us the different 
17           allocations of dollars region by region?  
18                  DOT COMMISSIONER DOMINGUEZ:  Those 
19           are -- those are just -- those are an 
20           agreement between -- we're doing it along the 
21           same lines that the Executive and the 
22           Legislature have historically made.  We're 
23           not -- we don't control that.  That's a -- 
24           that's between --
                                                                   149
 1                  ASSEMBLYMAN SLATER:  So it sounds 
 2           like, though, what you're saying is the 
 3           allocation formula is really not changing, 
 4           meaning you can't tell us that we're going to 
 5           actually see a meaningful difference in the 
 6           Hudson Valley with a significant increase of 
 7           $800 million.
 8                  DOT COMMISSIONER DOMINGUEZ:  We are 
 9           going to be executing those projects that 
10           need to be executed along the lines of our 
11           asset management system.
12                  ASSEMBLYMAN SLATER:  I appreciate it.
13                  DOT COMMISSIONER DOMINGUEZ:  I do 
14           think you will see --
15                  ASSEMBLYMAN SLATER:  In my remaining 
16           time I do want to just bring up something 
17           that -- I think it was Senator Comrie had 
18           talked about, which was RAP.  When do you 
19           expect the pilot project to be completed on 
20           recycled use of pavement?
21                  DOT COMMISSIONER DOMINGUEZ:  When do 
22           we think that the --
23                  ASSEMBLYMAN SLATER:  You said -- you 
24           were talking about a pilot project that 
                                                                   150
 1           you're engaged in right now for DOT?  
 2                  DOT COMMISSIONER DOMINGUEZ:  We're 
 3           doing -- yes.  We have projects that we're 
 4           executing to look at low carbon and 
 5           recycling.
 6                  ASSEMBLYMAN SLATER:  When do you 
 7           expect it to be completed?
 8                  DOT COMMISSIONER DOMINGUEZ:  I don't 
 9           know, but I'll be happy to get back to you.  
10           I don't know what the timeline is.
11                  ASSEMBLYMAN SLATER:  Understood.  And 
12           then, if I could, CHIPS, CHIPS, CHIPS.  Our 
13           local highway departments need them 
14           desperately.  And I agree with what was said 
15           before, we're not seeing the necessary 
16           investment there either.
17                  CHAIRMAN PRETLOW:  Thank you, 
18           Assemblyman.  
19                  Assemblywoman Simon.
20                  (Pause.)
21                  ASSEMBLYWOMAN SIMON:  Okay, I'm 
22           working on it.  Technology, you know?
23                  (Laughter.)
24                  ASSEMBLYWOMAN SIMON:  Good morning, 
                                                                   151
 1           Commissioner.
 2                  DOT COMMISSIONER DOMINGUEZ:  Good 
 3           morning.
 4                  ASSEMBLYWOMAN SIMON:  Thank you for 
 5           your testimony today.  
 6                  I have a few questions.  
 7                  The first one is, as you may know, we 
 8           passed legislation for the weigh-in-motion 
 9           for overweight trucks on the BQE, which has 
10           been wildly successful in reducing the number 
11           of overweight trucks on the roadway there.  
12                  So it is about to -- the initial 
13           authorization is about to expire, and I know 
14           the Governor's office has included making it 
15           permanent and some other uses of it in her 
16           budget, which I want to thank you for.  
17                  But also I have a couple of things I'd 
18           like to chat with you further about, based on 
19           our experience using it.  
20                  And also just I want to make sure that 
21           we mention that DEC is doing air monitoring 
22           along that corridor, and of course it's a 
23           very, very polluted area.  And so that just 
24           furthers the -- my concerns about needing to 
                                                                   152
 1           use wind technology more broadly and more 
 2           effectively.  Thank you.
 3                  And then -- but I do have a question 
 4           about speeding.  We've had so much speeding, 
 5           increasing really through -- since the 
 6           pandemic.  And we have lost like 250 people 
 7           to traffic violence in 2024 alone, including 
 8           16 or 17 children.
 9                  So there's a bill that would have -- 
10           for people who are found to have been 
11           speeding, who have a lot of speeding tickets, 
12           for example, to have a speed-limiter on their 
13           car installed.  Somewhat like the ignition 
14           interlock device, but not that, that wouldn't 
15           allow them to go beyond -- five miles beyond 
16           the speed limit.  
17                  And, you know, I would really like to 
18           know what measures are being addressed by the 
19           DOT with regard to speeding, and your support 
20           for such a bill.
21                  DOT COMMISSIONER DOMINGUEZ:  I'm not 
22           familiar with the legislation.  We'd be happy 
23           to take a look at it.  You know, we don't -- 
24           DOT doesn't have jurisdiction per se over 
                                                                   153
 1           speed limits around the state.  
 2                  We do determine on particular roadways 
 3           exactly what that -- you know, we do speed 
 4           studies to understand exactly what the 
 5           traffic should travel at.
 6                  But that said, you're right, the 
 7           numbers nationally have gone up, the numbers 
 8           in New York State have gone up, certainly in 
 9           a post-COVID environment.  You know, 
10           fatalities have gone up, and it is very 
11           troubling.  
12                  We've undertaken a safe systems 
13           approach to everything that we're doing for 
14           traffic safety management, and I'd be happy 
15           to go through the program with you in greater 
16           detail.  I know our time is limited.  
17                  But it is a very comprehensive 
18           approach to safety, everything from design 
19           standards to, you know, how do we actually 
20           make sure that there's driver cognizance, 
21           awareness, paying attention.  It's half the 
22           battle right now.  People are not focused on 
23           driving.
24                  ASSEMBLYWOMAN SIMON:  Thank you very 
                                                                   154
 1           much.  I appreciate it.  I'll take you up on 
 2           it.
 3                  CHAIRMAN PRETLOW:  Thank you.  
 4                  Assemblywoman Giglio.  
 5                  ASSEMBLYWOMAN GIGLIO:  Good morning -- 
 6           or good afternoon.
 7                  DOT COMMISSIONER DOMINGUEZ:  Good 
 8           morning.
 9                  ASSEMBLYWOMAN GIGLIO:  And thank you, 
10           Commissioner.  Thank you again for Region 10, 
11           too.  They're doing an awesome job.  Rich 
12           Causin and Karyn Meyer, shout out to them and 
13           the entire staff at DOT.  They're very 
14           helpful.
15                  And thank you for your phone 
16           conversations before these hearings to tell 
17           us what your priorities are.  And I couldn't 
18           agree with them more.
19                  But my question has more to do with 
20           what you were discussing earlier about the 
21           recycled materials that you're using for 
22           roadways and for backfilling.  And we 
23           currently can't use that on Long Island.  So 
24           I want to know if there are cost savings -- 
                                                                   155
 1           you know, in 1988 New York State adopted the 
 2           reclaiming before landfilling and mandated 
 3           state agencies promote recycling and find 
 4           uses for waste materials.
 5                  So I want to know what the cost 
 6           savings are for using those recycled 
 7           materials.  With our landfills closing on 
 8           Long Island and with our -- really, we're 
 9           going to be trucking garbage out once our -- 
10           everything starts happening.  So we really 
11           need to focus more on recyclable materials.  
12                  And I want to know if they're 
13           effective, what the cost savings are, and why 
14           we can't use them on Long Island.  
15                  DOT COMMISSIONER DOMINGUEZ:  I will 
16           tell you that right now what we're doing is 
17           we're recycling -- in terms of asphalt, we're 
18           recycling about 1.6 tons {sic} of asphalt 
19           pavement every year.  
20                  And what we're looking to do is make 
21           sure that the -- what we're undertaking is 
22           actually meeting the performance mixes that 
23           we need to achieve in making sure that the 
24           durability in everything that we do -- make 
                                                                   156
 1           sure for -- the duration and durability of 
 2           our roadways is actually accomplished. 
 3                  So the bottom line is is that we are 
 4           not only testing it, but we're actually 
 5           affirmatively putting in -- making sure 
 6           that -- we're testing it to make sure that 
 7           the performance is achieving what we want to 
 8           do.
 9                  As for the requirements on 
10           Long Island, I'm not personally familiar with 
11           that, but I would be happy to circle back.  
12           I'm not familiar with why Long Island 
13           wouldn't qualify for a performance --
14                  ASSEMBLYWOMAN GIGLIO:  Like I said, 
15           our landfills are closing and they're on 
16           extension.  And a lot of it has to do with 
17           the ash, which could be used for 
18           right-of-ways and perhaps roadbeds or 
19           drainage.  
20                  But we're currently not able to use 
21           those materials.  And if we are facing a 
22           garbage crisis on Long Island, it would be 
23           fantastic to be able to use these 
24           recyclables.
                                                                   157
 1                  So if you have a report on the 
 2           effectiveness -- I don't know how long 
 3           New York State DOT has been using these 
 4           applications in their roadways.  I know the 
 5           act was adopted in 1988 by New York State.  
 6           But --
 7                  DOT COMMISSIONER DOMINGUEZ:  We've got 
 8           an active pilot right now looking at the mix 
 9           design, and we'll be writing a report to 
10           actually publish, and we'll share that with 
11           you to see exactly --
12                  ASSEMBLYWOMAN GIGLIO:  Thank you very 
13           much.
14                  DOT COMMISSIONER DOMINGUEZ:  -- what 
15           worked and what didn't and what we need to 
16           refine going forward.  
17                  The bottom line is, is that we 
18           affirmatively want to make sure that we're 
19           reducing carbon in the materials that we're 
20           using, and that they're -- but at the same 
21           time they have to make sure that they're 
22           meeting the design standards and that they're 
23           safe for the performance of our roadways.
24                  ASSEMBLYWOMAN GIGLIO:  Thank you.  
                                                                   158
 1                  CHAIRMAN PRETLOW:  Thank you, 
 2           Commissioner.  
 3                  Assemblyman De Los Santos.
 4                  ASSEMBLYMAN DE LOS SANTOS:  Thank you, 
 5           Chair.  
 6                  Thank you, Commissioner Dominguez, for 
 7           your time and for being here today.
 8                  You know, transportation is a form -- 
 9           personally I believe is a form of quality of 
10           life.  And I represent Upper Manhattan, which 
11           includes Washington Heights, Inwood and 
12           Marble Hill.  So can you share what the 
13           department is doing specifically for my 
14           district to improve conditions, 
15           transportation conditions?  
16                  DOT COMMISSIONER DOMINGUEZ:  So we 
17           have -- we work very closely with New York 
18           City DOT.  The roads and bridges are uniquely 
19           divided in New York City between -- 
20           jurisdiction between New York City and 
21           New York State.  So it could be any number of 
22           road-related projects or bridges.  I don't 
23           have a list in front of me, but I'd be happy 
24           to circle back with you.
                                                                   159
 1                  ASSEMBLYMAN DE LOS SANTOS:  So just to 
 2           be specific, what initiatives are being 
 3           funded in this year's budget to improve 
 4           pedestrian safety, especially for seniors who 
 5           rely on sidewalks, crosswalks, and pedestrian 
 6           signals in an urban area like my district?
 7                  DOT COMMISSIONER DOMINGUEZ:  I'm not 
 8           familiar with the particular projects that 
 9           are specifically in your district, but 
10           overall we look to make sure that pedestrian 
11           safety is top of mind in all of our projects, 
12           making sure that sidewalk projects, curb 
13           cuts, et cetera, are all ADA-accessible.  
14           It's part of our requirements.
15                  ASSEMBLYMAN DE LOS SANTOS:  In 
16           addition to that, can you provide an update 
17           on accessibility improvements in major 
18           transit hubs serving high senior populations?
19                  DOT COMMISSIONER DOMINGUEZ:  That 
20           would probably be best directed at the MTA.
21                  ASSEMBLYMAN DE LOS SANTOS:  All right, 
22           thank you.
23                  CHAIRMAN PRETLOW:  Is that it?
24                  Assemblyman Epstein.  
                                                                   160
 1                  ASSEMBLYMAN EPSTEIN:  Thank you, 
 2           Commissioner, for all your time today.
 3                  I just want to follow up on the issue 
 4           of ensuring that we're complying with our 
 5           Climate Leadership and Community Protection 
 6           Act goals.  I want to make sure that 
 7           throughout the process, through the 
 8           procurement, operations and the contractors 
 9           we hire, that we're deeply committed to 
10           making sure that we're living up to those 
11           goals that we passed five years ago.
12                  Can you commit that your agency will 
13           do whatever is possible to ensure throughout 
14           all procurement and RFP processes we're going 
15           to comply with those goals?
16                  DOT COMMISSIONER DOMINGUEZ:  As you 
17           and I had a chance to discuss briefly, what 
18           we're doing is making sure that we're 
19           building into our standards that the 
20           contractors then have to comply with the 
21           CLCPA goals.  So whether that's -- 
22           particularly I've been talking today about 
23           our construction materials:  What needs to 
24           actually be built in, how do we make sure 
                                                                   161
 1           that we're utilizing low-carbon materials.  
 2           And that is part of our engineering 
 3           requirements and specifications.
 4                  In addition to that, we also have to 
 5           meet goals for purposes, for instance, for 
 6           DOT for our fleet, our fleet mixes, whether 
 7           that's, you know, our regular cars that we 
 8           make available to our employees who have to 
 9           be out on the roadways executing, or how we 
10           work with the equipment manufacturers to 
11           develop medium- and high-duty, heavy-duty  
12           equipment that could potentially be 
13           battery-powered:  Can they operate in the 
14           conditions that we have in New York State, 
15           where it's exceedingly cold and we need to 
16           make sure that they've got charging 
17           facilities.  
18                  All of those things we're working 
19           actively right now, whether it's with 
20           equipment manufacturers or with our partners 
21           in New York State at NYPA, NYSERDA, DEC, to 
22           make those types of equipment available for 
23           our state forces.
24                  ASSEMBLYMAN EPSTEIN:  So it sounds 
                                                                   162
 1           like you are committed to doing that in all 
 2           sectors of your contracting and procurement.
 3                  DOT COMMISSIONER DOMINGUEZ:  We'll 
 4           look to that as well, yes.
 5                  ASSEMBLYMAN EPSTEIN:  Thank you.
 6                  CHAIRMAN PRETLOW:  Commissioner, I 
 7           have just a couple of questions.  I won't use 
 8           my entire 10 minutes.  
 9                  But just in looking through the 
10           Governor's budget, there's $40 million set 
11           aside for the State Touring Route program.  
12           What is that?
13                  DOT COMMISSIONER DOMINGUEZ:  It's an 
14           opportunity -- it's a program that was 
15           created -- actually, it was a proposal from 
16           the Legislature that was put into action a 
17           few years ago.  It's a program to address 
18           urban roadways.  And I apologize, I think one 
19           of the members asked me is it available for 
20           counties.  It's not.  It's available for 
21           urban municipalities to access for roads.
22                  CHAIRMAN PRETLOW:  And this is for 
23           road improvement in urban -- 
24                  DOT COMMISSIONER DOMINGUEZ:  Yes.
                                                                   163
 1                  CHAIRMAN PRETLOW:  So that would be 
 2           the cities within the State of New York, 
 3           every city?  
 4                  DOT COMMISSIONER DOMINGUEZ:  Correct.
 5                  CHAIRMAN PRETLOW:  And what do they 
 6           have to do to qualify for that?  Do they have 
 7           to have a winery or a brewery or something on 
 8           that street or -- why is it a touring -- I 
 9           mean, like I represent Mount Vernon.  No 
10           one's touring through Mount Vernon.  And it's 
11           a city.  Would they qualify for that?
12                  DOT COMMISSIONER DOMINGUEZ:  They're 
13           very similar -- I'll say it's very -- there's 
14           a lot of -- the requirements are not as broad 
15           as -- they're very broad, rather.  
16                  There's a lot of different ways you 
17           can look at State Touring Routes.  I'm happy 
18           to go through the requirements with you.  I 
19           don't have them in front of me, but they are 
20           different.  
21                  CHAIRMAN PRETLOW:  Okay.  I'm just 
22           interested in that.  It seems like 
23           $40 million could be, I would think, more 
24           used towards CHIPS than used toward the 
                                                                   164
 1           touring.  But if it helps the cities, I think 
 2           most cities do need road improvements.  So 
 3           I'd have to look at it and see exactly what 
 4           the qualifications are or how someone would 
 5           apply for it.
 6                  I also noticed in the budget there's a 
 7           million dollars set aside to study transit 
 8           service in the Lower Hudson Valley, with 
 9           particular interest west of the Hudson River.
10                  DOT COMMISSIONER DOMINGUEZ:  Yes.
11                  CHAIRMAN PRETLOW:  I mean, I -- do you 
12           need to spend a million dollars for that?  I 
13           could tell you right off the top of my head, 
14           there are no trains going from Rockland to 
15           Westchester or vice versa.  You need more bus 
16           service.  The Tappan Zee Bridge isn't 
17           sufficient at this time to carry the 
18           workload, and people have to go to Jersey to 
19           get downtown.  
20                  That didn't cost a million dollars, 
21           but if you want to give it to me, I'll gladly 
22           take it.
23                  (Laughter.)
24                  DOT COMMISSIONER DOMINGUEZ:  We want 
                                                                   165
 1           to make sure that it's documented.  
 2                  So the Governor put forward 
 3           $20 million to actually look at enhancing and 
 4           making the train service that's offered 
 5           between Poughkeepsie and New York City more 
 6           efficient.  And that will fund a number of 
 7           projects between Metro-North, MTA, and 
 8           New York State DOT and Amtrak.  So making 
 9           that ride efficient and reliable, a 90-minute 
10           ride into the city from Poughkeepsie, is 
11           incredibly important.  
12                  And to the question that you're 
13           asking -- so anything we can do to enhance 
14           it.  That project actually includes, for 
15           instance, adding a second track at 
16           Spuyten Duyvil.  Why do we need a second 
17           track?  Because at Spuyten Duyvil we get a 
18           convergence of passenger rail, freight rail, 
19           all coming in the same time.  And oftentimes 
20           trains are delayed there.  
21                  Eliminating any sort of delay -- if we 
22           add a second track, it eliminates the delay.  
23           Anything we can do to make train service more 
24           reliable for our passengers in the 
                                                                   166
 1           Hudson Valley, that's what the goal is.
 2                  In order to do that, the other thing 
 3           is is we also see a huge, as you well know, 
 4           increase in population density.  People are 
 5           moving to the Hudson Valley in more 
 6           significant numbers.  To do this destination 
 7           study that's been proposed, it's a million 
 8           dollars to quantify a lot of what you just 
 9           said and make sure that we understand what 
10           additional transit options could we then look 
11           at providing, as you stated.  
12                  Should we be enhancing our bus shuttle 
13           service?  What would that look like?  Where 
14           would we go?  Start to flesh all of that out 
15           so we can understand what some of the 
16           potential transit options that we could look 
17           to invest in moving forward.
18                  CHAIRMAN PRETLOW:  Okay.  Now, is it 
19           possible, with the Tappan Zee Bridge rebuild, 
20           to have trains crossing that bridge?  I know 
21           it's built with a less than 12 percent grade, 
22           which is what trains can't go over anything 
23           much more than that.  My understanding is is 
24           that the bridge was built with the intention 
                                                                   167
 1           of eventually adding rail service from 
 2           Rockland through Westchester into the city.  
 3                  Is that still on the table?
 4                  DOT COMMISSIONER DOMINGUEZ:  You're 
 5           referring to the ability of what was written 
 6           into some of the language when we put 
 7           together the Gateway Commission to actually 
 8           look at how we could get a ride from the west 
 9           side of the Hudson into Penn Station?  
10                  CHAIRMAN PRETLOW:  Right.
11                  DOT COMMISSIONER DOMINGUEZ:  That is 
12           still -- that is written into the 
13           legislation.  Right now the Gateway 
14           Development Commission is moving 
15           expeditiously on the Hudson Tunnel project, 
16           and that would be considered Phase 2 of what 
17           they could take on.
18                  CHAIRMAN PRETLOW:  Okay.  So it is 
19           still on the table that the Tappan Zee Bridge 
20           can eventually carry rail service.
21                  DOT COMMISSIONER DOMINGUEZ:  It's 
22           looking at how you get a -- it's the Bergen 
23           Loop:  How do you actually make sure that you 
24           can get a ride from west of the Hudson into 
                                                                   168
 1           the city and Penn Station.
 2                  CHAIRMAN PRETLOW:  Okay.  Thank you.
 3                  Mr. Magnarelli for his follow-up three 
 4           minutes.
 5                  ASSEMBLYMAN MAGNARELLI:  Three 
 6           minutes, okay.  
 7                  First of all, staffing.  DOT has had a 
 8           longstanding issue with recruitment and 
 9           retention of engineers.  What has been done 
10           to address this?  How do you feel about it at 
11           this point in time, staffing?
12                  DOT COMMISSIONER DOMINGUEZ:  Well, I 
13           think like any going concern, you know, 
14           certainly with the state workforce as well, 
15           we've had staffing challenges.  
16                  But that said, I'm really encouraged 
17           by a number of things that have been put 
18           forward in the Governor's proposal, including 
19           a community college incentive for free 
20           community college.  That includes a number of 
21           people that might be interested in going back 
22           and getting engineering degrees, 
23           architectural licenses, a number of 
24           professions that would then benefit the state 
                                                                   169
 1           workforce, including DOT.  
 2                  ASSEMBLYMAN MAGNARELLI:  Okay.  So we 
 3           could use more.
 4                  DOT COMMISSIONER DOMINGUEZ:  Yes.
 5                  ASSEMBLYMAN MAGNARELLI:  Yes.  
 6                  Okay, switching gears, what actions 
 7           has the DOT taken in its capital plans to 
 8           integrate needed infrastructure for 
 9           electrification and other forms of 
10           zero-emission transportation?  
11                  How is the DOT prepared to deal with 
12           the needs of commercial trucks when it comes 
13           to electrification that's called for in the 
14           Clean Trucks Rule -- that the Department of 
15           Environmental Conservation is now 
16           implementing -- with no means of these trucks 
17           being electrified?  
18                  And does DOT have any plans to install 
19           heavy chargers along the state routes and 
20           interstates it manages?  I'm talking about 
21           concrete plans that you're going to go into, 
22           you're going to fund, they're moving forward.  
23           Can you give me any indication of where we 
24           are on that?  
                                                                   170
 1                  DOT COMMISSIONER DOMINGUEZ:  With 
 2           regard to the Advanced Clean Truck Rule, my 
 3           understanding is that DEC has extended their 
 4           enforcement of that rule --
 5                  ASSEMBLYMAN MAGNARELLI:  Partially.  
 6           Partially.
 7                  DOT COMMISSIONER DOMINGUEZ:  -- out to 
 8           2029.
 9                  ASSEMBLYMAN MAGNARELLI:  Yup.  
10           Partially.  They haven't taken it off of the 
11           manufacturers.  Which means there's still a 
12           problem.  
13                  DOT COMMISSIONER DOMINGUEZ:  So as I 
14           stated before, one of the goals of DOT is 
15           we've been working directly with the OEMs to 
16           see what is the technology that's being 
17           advanced for medium and heavy-duty fleets. 
18                  And then from there -- this is for our 
19           own fleet.  For instance, for plow trucks.  
20           How do we make sure that any technology 
21           that's being advanced we can take advantage 
22           of, pilot, procure and make sure that we're 
23           including it in our fleet.  
24                  Right now there's not a lot of options 
                                                                   171
 1           out there, but we're hoping as the 
 2           discussions and the investment --
 3                  ASSEMBLYMAN MAGNARELLI:  Okay.  Would 
 4           it be honest to say -- I'm talking for 
 5           myself -- that the DOT, along with a lot of 
 6           other agencies, hasn't really come to the 
 7           bottom line on how to do this and plan for 
 8           it, that we're just not there yet because 
 9           technologies, et cetera, are still, you know, 
10           being developed?
11                  DOT COMMISSIONER DOMINGUEZ:  Well, I 
12           will tell you that as part of the funding 
13           that we receive from the federal government 
14           under the NEVI program, the National Electric 
15           Vehicle Infrastructure program, we partnered 
16           with NYSERDA, NYPA, the Thruway Authority and 
17           really -- and DEC, to really look at what are 
18           those Alternative Fuel Corridors to include 
19           heavy- and medium-duty charging.
20                  ASSEMBLYMAN MAGNARELLI:  Okay.  Thank 
21           you.  
22                  CHAIRWOMAN KRUEGER:  Thank you.  And 
23           to close up questioning for you, Senator 
24           Comrie for a three-minute follow-up.
                                                                   172
 1                  SENATOR COMRIE:  Thank you.
 2                  Design-build procurement.  Can you 
 3           tell us how many projects the DOT is doing 
 4           that is under design-build?  And has that 
 5           been helpful to you in your planning and 
 6           dissemination of projects?
 7                  DOT COMMISSIONER DOMINGUEZ:  I don't 
 8           have the list in front of me, but I'm happy 
 9           to give it to you.  
10                  We've been doing it for over 20 years, 
11           as soon as the authority was given to DOT, 
12           and we've been executing design-build 
13           projects across the board for many years.
14                  SENATOR COMRIE:  Okay.  And you'll 
15           send that to us.  
16                  Can you also send us a copy of your 
17           department audits and how you verify the 
18           savings that you're using for these projects, 
19           the audits that you've had for the last 
20           couple of years?
21                  DOT COMMISSIONER DOMINGUEZ:  Audits on 
22           safety for design-build projects?  
23                  SENATOR COMRIE:  Or just projects in 
24           general.  Your last capital projects.  For 
                                                                   173
 1           two thousand and -- I'm sorry, 2000 -- the 
 2           last two capital project budgets.  What has 
 3           been spent on the budgets from the two -- 
 4           2020 and the 2022 and the 2023-2027 capital 
 5           plans?  Have you sent us an update on how 
 6           much has been completed and how much has yet 
 7           to be completed for those two plans?  
 8                  DOT COMMISSIONER DOMINGUEZ:  I'm -- 
 9           I'm not sure, but I'm happy to follow up with 
10           you directly and make sure that we're 
11           responsive to your requests.
12                  SENATOR COMRIE:  Okay.  Our staff is 
13           looking for those.  So if you can get that to 
14           us, that would be helpful.
15                  DOT COMMISSIONER DOMINGUEZ:  Okay.
16                  SENATOR COMRIE:  All right, thank you.  
17                  That's my time.
18                  CHAIRWOMAN KRUEGER:  Thank you.  Thank 
19           you very much --
20                  DOT COMMISSIONER DOMINGUEZ:  Thank 
21           you.
22                  CHAIRWOMAN KRUEGER:  -- for being with 
23           us here this morning.
24                  DOT COMMISSIONER DOMINGUEZ:  Thank 
                                                                   174
 1           you.
 2                  CHAIRWOMAN KRUEGER:  We had a lot of 
 3           questions for you.  Obviously transportation 
 4           means a lot to all of us.  Appreciate your 
 5           work.  And you're free.
 6                  DOT COMMISSIONER DOMINGUEZ:  Thank you 
 7           very much.  Appreciate the opportunity.
 8                  CHAIRWOMAN KRUEGER:  And any 
 9           legislators who want to grab the 
10           commissioner, please do so in the hallway and 
11           continue your conversation out there, because 
12           we need to move along with our next panel of 
13           guests from the MTA.
14                  (Pause; off the record.)
15                  CHAIRWOMAN KRUEGER:  Take your seats, 
16           please.
17                  CHAIRMAN PRETLOW:  Would everyone 
18           please take their seats so we can get 
19           started.
20                  Will the chairman and chief executive 
21           officer of the MTA please take his seat?
22                  (Pause.)
23                  CHAIRMAN PRETLOW:  Mr. Chairman, 
24           good afternoon.  You can introduce your staff 
                                                                   175
 1           if you'd like, or you can begin your 
 2           testimony.  You have 10 minutes.
 3                  (Mic issue; overtalk.)
 4                  CHAIRMAN PRETLOW:  Speak kind of 
 5           closely to the mic so everyone can hear you.
 6                  MTA CHAIR/CEO LIEBER:  Okay, will do.  
 7           I should be a veteran here; this is my fourth 
 8           go-round, but I'm not, so.
 9                  CHAIRMAN PRETLOW:  Not your first 
10           rodeo, huh?
11                  MTA CHAIR/CEO LIEBER:  I'm 
12           Janno Lieber.  I'm the MTA chair and CEO.  
13                  I am joined by the team that -- these 
14           folks, along with many, many others, are the 
15           reason that I've been able, we've been able 
16           to accomplish a great deal.  Shanifah Rieara 
17           is the chief customer officer of the MTA.  
18           Demetrius Crichlow is the president of 
19           New York City Transit.  Kevin Willens is the 
20           CFO of the MTA, and he's joined by his co-CFO 
21           Jai Patel.  And hiding back there are a 
22           couple of other folks who many of you know, 
23           including John McCarthy, who runs policy and 
24           external affairs and does so much with 
                                                                   176
 1           members of this body.
 2                  CHAIRMAN PRETLOW:  Thank you.  
 3                  Listen, timekeeper, can you reset the 
 4           clock to 10 minutes?  Thank you.
 5                  MTA CHAIR/CEO LIEBER:  All right.
 6                  Thank you again for the invitation.  
 7           And this is the fourth year, as I said, that 
 8           I've appeared before you at this hearing.  
 9           And the MTA has faced down many, many 
10           challenges because of the work that we -- and 
11           it is we -- have been able to accomplish 
12           together with you in the Legislature.  
13                  None was more existential than the 
14           2023 fiscal cliff solution that we developed 
15           with you.  Back then the MTA was facing a 
16           multi-billion-dollar operating budget hole.  
17           At that time I called on the Legislature to 
18           step up and help preserve the high level of 
19           transit service despite the ridership and 
20           financial challenges that had been brought on 
21           by COVID.  And those were challenges that 
22           every transit system in the United States was 
23           facing, and many of them at a much greater 
24           rate than New York.
                                                                   177
 1                  As I always say, and it's a bit of a 
 2           cliche coming from me now, transit for 
 3           New Yorkers is like air and water.  We need 
 4           it to survive, full stop.  And to your 
 5           credit, you acted.  With the leadership and 
 6           support of Governor Hochul, you passed a 
 7           budget that made transit whole and kept 
 8           New York running.  We preserved service, and 
 9           you were very much part of that success.  
10                  Today I want to tell you about the 
11           ROI, the return on that investment.  
12           Ridership has grown dramatically in the last 
13           two years.  The subways are regularly 
14           carrying before four and four and a half 
15           million people a day, more than the entire 
16           United States aviation system.  Every day.  
17           Every day.  
18                  And that was thanks to your 
19           investment.  We were able to increase service 
20           on 14 subway lines, a lot of it in the 
21           weekend and the midday and the off-hours, the 
22           time periods when we were seeing the most 
23           dramatic growth.  We are frequently seeing 
24           over a hundred percent of pre-COVID ridership 
                                                                   178
 1           in those times of day, when people really do 
 2           have options.
 3                  Both the Long Island Rail Road and 
 4           Metro-North are coming off their best years 
 5           ever -- ever, when it comes to on-time 
 6           performance.  Long Island Rail Road on-time 
 7           performance was about 96 percent, despite 
 8           running much, much more service than ever 
 9           before.  In fact, 13,000 more trains per 
10           annum.  And since 2023, ridership has surged, 
11           and today is roughly 85 percent of pre-COVID 
12           levels -- and customer satisfaction has 
13           soared with the service improvements on the 
14           Long Island Rail Road.  
15                  Not to be outdone, Metro-North on-time 
16           performance was an amazing 98 percent, while 
17           ridership grew more than 12 percent year over 
18           year.  Eighty-five percent of Metro-North 
19           riders are telling surveyers that they are 
20           satisfied and happy with Metro-North service.
21                  And don't forget about buses.  The 
22           final plan for the Queens bus network 
23           redesign was just approved by the MTA board 
24           members.  Tip of the hat to Senator Liu and 
                                                                   179
 1           others -- Senator Comrie -- who participated 
 2           in that process.  It includes a $35 million 
 3           annual investment to increase bus frequency 
 4           in our most bus-dependent borough, and much 
 5           better connections to the subway and the 
 6           Long Island Rail Road.  
 7                  All this is just on the operating 
 8           side.
 9                  Funded by the MTA capital program, we 
10           are cranking out elevators and accessibility 
11           projects at an unprecedented rate, more than 
12           four times predecessor MTAs.  There are now 
13           more than 150 fully accessible subway 
14           stations, with another 36 in construction.  
15           More are on the way:  23 projects that are 
16           funded by congestion pricing -- yes, I used 
17           the word -- are actually in process, plus 
18           another 60 slated to be included in that 
19           capital plan you are taking up this year.
20                  But with every project, not just ADA 
21           projects, we are advancing the agenda of 
22           inclusiveness in our contracting.  For many 
23           years now we at the MTA have been number one 
24           of state agencies and public authorities in 
                                                                   180
 1           dollars that we are expending to certified 
 2           MWBEs.  In 2023, the last year for which we 
 3           have complete stats, almost 40 percent of MTA 
 4           contracts were awarded to MWBEs.  And 
 5           together with the work that we do under the 
 6           federal program, which is slightly different, 
 7           there are more than a billion dollars going 
 8           to those companies.  
 9                  And it's a source of strength for us 
10           because it increases competition.  It's not 
11           just spreading the wealth, it's about more 
12           competition in a huge space where we need it.
13                  But together, and again with 
14           encouragement from this body, we are running 
15           a much smarter business.  We hear from the 
16           anti-transit crowd the same tired criticisms 
17           of the MTA, a lot of them about our cost 
18           structure.  These are what I refer to as the 
19           not-so-golden oldies.  
20                  Since Day One of my term as chair, I 
21           have been all about efficiencies.  So let's 
22           talk about the results.  The MTA budget, 
23           ladies and gentlemen, today is 3 percent 
24           lower than it was before COVID in real terms.  
                                                                   181
 1           That's right, 3 percent lower.  And 
 2           notwithstanding that we're running all that 
 3           extra service on the subways -- 40 percent 
 4           more service on Long Island Rail Road, 
 5           20 percent more on Metro-North, hundreds and 
 6           hundreds of ADA elevators that we're 
 7           operating -- and by the way, a little old 
 8           700,000 square foot railroad terminal -- and 
 9           yet our budget is lower.  Much more is being 
10           delivered at lower cost.  
11                  We did a presentation at our board 
12           meeting last week -- and I don't know if it 
13           came to any of your attention -- which went 
14           through in detail how the MTA is actually the 
15           most efficient transit organization in the 
16           United States based on the cost per rider and 
17           the subsidy per rider.  We are the best deal.
18                  Now, you have played a part in that 
19           success.  We did some serious belt-tightening 
20           as part of that 2023 budget deal.  And as 
21           part of that, you challenged, we challenged 
22           the MTA to cut out $400 million in our 
23           operating budget without cutting service or 
24           doing any layoffs.  We hit that target, and 
                                                                   182
 1           now we're pushing that number to 500 million 
 2           in recurring efficiencies.  
 3                  And we're not stopping there.  We have 
 4           a wide range of efficiency initiatives 
 5           underway -- I'm not going to go through all 
 6           of them, but we want to get into them with 
 7           all of you.  We have cut the time it takes to 
 8           do federally required inspections of every 
 9           railroad car.  We are looking carefully and 
10           saving money on the cycle of our overhauls.  
11           We're even looking at each computer that MTA 
12           employees have to make sure they don't have 
13           software that we're paying for that they're 
14           not using.  
15                  If you have Excel on your computer and 
16           you ain't using it, we're taking it away.  
17           And we're doing the same thing with phone and 
18           other devices that are issued to MTA 
19           employees that they don't use.  How do I know 
20           this?  They took away my iPad because I 
21           wasn't using it.
22                  (Laughter.)
23                  MTA CHAIR/CEO LIEBER:  So this is 
24           real.  And we're going to keep going, because 
                                                                   183
 1           this is the essence of good government.  This 
 2           is what we want to be known for.  
 3                  So I think it's time to retire the old 
 4           talking points about how the MTA doesn't 
 5           manage money.  This is a new MTA, and we're 
 6           all about efficiency.
 7                  Now, obviously we have a long way to 
 8           go on key issues like public safety and fare 
 9           evasion.  
10                  We are making real progress, however.  
11           In the last six months -- news flash -- fare 
12           evasion on the subways is down 25 percent.  
13           The buses, which are more challenging, 
14           because you can't put a cop on every bus -- 
15           but we are also making progress and have 
16           knocked fare evasion on buses down by 
17           12 percent.  
18                  This did not happen by accident.  Our 
19           strategy:  Stronger barriers, a ton of 
20           publicity to push back on the misimpression 
21           that seem to have developed among some people 
22           that the whole system is free, and plenty of 
23           enforcement, which I am for.  And it's all 
24           starting to pay off.  
                                                                   184
 1                  The gate guard program.  If you ride 
 2           the subways, you see that we have security 
 3           guards blocking the gate to make sure that 
 4           the superhighway of fare evasion, which is 
 5           that fire code-required exit gate, does not 
 6           get opened.  Many of you are riders, and 
 7           you've seen those people.  
 8                  And it's making a difference, and 
 9           we're doing a ton of work with the physical 
10           barriers.  And also we are making sure that 
11           our young people, that the students have 
12           those OMNY cards, which have dramatically cut 
13           down on student fare evasion.  Success after 
14           success, but we've got a long way to go.
15                  I'm also a bear on fare evasion 
16           because it creates a sense of lawlessness at 
17           the entry point.  And we want the subways, 
18           the commuter rail system, and everything to 
19           feel welcoming and safe.  We've had great 
20           support from Governor Hochul, from City Hall, 
21           and from the NYPD.  Customers tell us again 
22           and again what they want is to see more cops.  
23           And this is every demographic, every 
24           neighborhood, every income level.  
                                                                   185
 1                  So everybody's agreed, and we're going 
 2           to keep pushing for more cops.  And I bless 
 3           the Governor and the Mayor and Commissioner 
 4           Tisch for stepping up and putting cops on 
 5           every train at night.  
 6                  We know that the high-profile 
 7           incidents have put New Yorkers on edge, and 
 8           especially these pushings -- which happen 
 9           infrequently but are terrifying, it's a 
10           New York phobia -- and assaults on our 
11           employees.  So in addition to advocating for 
12           our cops, I'm going to keep pressing our 
13           criminal justice system to take seriously the 
14           crimes that do take place in mass transit.  
15                  CHAIRMAN PRETLOW:  Thank you, 
16           Mr. Chairman. 
17                  MTA CHAIR/CEO LIEBER:  You're going to 
18           cut me off, all right.
19                  CHAIRMAN PRETLOW:  I hate to do it, 
20           but we do have to move along.  
21                  Assemblyman Braunstein, chair, for 
22           10 minutes.
23                  ASSEMBLYMAN BRAUNSTEIN:  Thank you, 
24           Chair Pretlow.  And thank you, Chairman, and 
                                                                   186
 1           your team for coming up on this snowy day.  
 2           We appreciate it.  
 3                  You didn't get to it in your 
 4           testimony, but I'll bring it up now, is the 
 5           MTA capital plan funding gap for the 
 6           2025-2029 capital plan.  There's a 
 7           significant funding gap, I believe it's 
 8           somewhere around $35 billion.  The Governor 
 9           didn't propose any solution to that funding 
10           gap in her executive proposal.  You're 
11           appointed by the Governor.  Have you had 
12           conversations with the Governor, or has she 
13           given you any indication on how we should 
14           move forward in closing that gap?
15                  MTA CHAIR/CEO LIEBER:  Listen, let's 
16           talk about where we are.  Right?  One thing 
17           I -- number one, I want to acknowledge your 
18           chairmanship and the help that you've already 
19           provided to us.  So thank you.
20                  Listen, every year there is a -- this 
21           year there's a $250 billion State Budget.  
22           The MTA's budget, the capital budget, is 
23           totally predictable.  We had a $55 billion 
24           capital program.  It's expiring, it's not a 
                                                                   187
 1           secret.  And it is a little bit of a mystery 
 2           to me that every time the MTA capital program 
 3           comes up, we treat it like, Oh, my God, they 
 4           need a bailout.  
 5                  This is no different than Medicaid and 
 6           education and everything else that's done at 
 7           the state.  It happens to be treated like an 
 8           off-budget item.  So respectfully, I don't 
 9           agree with the paradigm that the MTA has a 
10           gap.  What it has is something that we all 
11           know, which is 40 years ago there was an 
12           acknowledgement, under Dick Ravitch's 
13           leadership, that we need a capital program.  
14           That we have a hundred-year-old system that 
15           will fall apart unless we invest in it.  And 
16           we all need to step up and do that.  
17                  I have been thrilled that the Governor 
18           has been clear that she supports the MTA 
19           capital program and intends, with you, to 
20           address the $68 billion proposal, which is 
21           not even -- which is below inflation, versus 
22           the capital program that's expiring.  
23                  So I'm not going to get into who needs 
24           to propose and who -- it's clearly something 
                                                                   188
 1           the Assembly and the Senate and the Governor 
 2           are going to have to come to terms on.  But 
 3           what I want to say is that I am pushing back 
 4           a little bit, and it's not at you in 
 5           particular, but at the idea that somehow this 
 6           is a -- you know, we have a budget gap that 
 7           needs to be addressed.  This could be 
 8           addressed by the existing state budget.  It 
 9           could be addressed, as we have proposed in 
10           some cases, by some financing approaches that 
11           could reduce the size of the challenge.  And 
12           it could also be addressed by new revenues.  
13           We leave that to you under the division of 
14           labor.  
15                  Our job is to frame the scale of the 
16           need, and we did that with our 20-year needs 
17           assessment, which was unprecedented in its 
18           scope and detail.
19                  ASSEMBLYMAN BRAUNSTEIN:  So there's no 
20           indication that Governor plans to try and 
21           fund this in the budget, through your 
22           conversations with her?  
23                  MTA CHAIR/CEO LIEBER:  Again, my 
24           discussion with her has been one of, you 
                                                                   189
 1           know, appreciating -- listening and 
 2           appreciating the fact that she supported the 
 3           MTA $68 billion capital program and 
 4           acknowledge that it was based on a really 
 5           detailed needs assessment and that it was 
 6           kind of a minimum program.  But it's not on 
 7           the MTA, which doesn't have taxing authority 
 8           or any -- all we can do is raise fares, which 
 9           we don't want to do.  
10                  So it's not the MTA's to figure out 
11           the power of the purse issues.  That is 
12           between the Executive and the Legislature, 
13           and we are counting on you.  Although we will 
14           support you all along the way.
15                  ASSEMBLYMAN BRAUNSTEIN:  So is there 
16           any discussion about when there's a new vote 
17           on the capital plan, is it going to be the 
18           same plan?  Do we have a time frame?
19                  MTA CHAIR/CEO LIEBER:  Well, again, 
20           I'm sure some of that is going to be shaped 
21           by the dialogue that takes place today and as 
22           the discussions in Albany unfold.
23                  But from our standpoint -- you know, 
24           I'm not being shy about this.  Given the fact 
                                                                   190
 1           that it was -- it cannot get smaller unless 
 2           you want to cut the expansion, and we don't 
 3           want to cut because the IBX is a generational 
 4           opportunity to connect the two biggest 
 5           counties in the state.  Right?  But it's not 
 6           going to get any smaller, because our bottom 
 7           line is we're not going to let the system 
 8           continue to lose ground with this 
 9           100-year-old infrastructure that's just 
10           getting older and older and more and more 
11           broken.
12                  So, you know, would we have some -- 
13           potentially some small adjustments?  Perhaps.  
14           And we're in dialogue with all of you.  But 
15           it ain't getting smaller because we are at 
16           the minimum point where we can assure that we 
17           do not lose ground, that we don't end up with 
18           elevated structures that are more likely to 
19           fall apart or power systems that are more 
20           likely to blow up like those did in Brooklyn 
21           and at Columbus Circle in the last --
22                  ASSEMBLYMAN BRAUNSTEIN:  I'm sorry, I 
23           have 10 minutes so I just want to move on.
24                  MTA CHAIR/CEO LIEBER:  You got it.
                                                                   191
 1                  ASSEMBLYMAN BRAUNSTEIN:  Has there 
 2           been any conversations with our federal 
 3           partners about contributing to the gap?  I 
 4           know you don't like the term "gap," but -- 
 5           you know, has there been conversations?  
 6                  MTA CHAIR/CEO LIEBER:  Listen.  You 
 7           know, not news to anybody here that we're in 
 8           a tumultuous period of change in Washington, 
 9           right?  And there's nobody who could give me 
10           any specific guarantees about anything.  I 
11           mean, you know, I learned yesterday that we 
12           might be -- federal money may be given out 
13           based on, what was it, birth rates and 
14           procreation rates --
15                  ASSEMBLYMAN BRAUNSTEIN:  Marriage 
16           rates.  Marriage rates.  
17                  MTA CHAIR/CEO LIEBER:  I don't know 
18           what to make of that.  I do know what to call 
19           it, however.  It's that -- it's conception 
20           pricing, I think is the right way to call it.  
21                  (Laughter.)
22                  MTA CHAIR/CEO LIEBER:  But I don't 
23           know what to make of any of that.  
24                  But that said, we're going to let the 
                                                                   192
 1           dust settle in Washington and then we're 
 2           going to have conversations.  History says 
 3           that bipartisanship on transportation 
 4           investment prevails.  We partnered with red 
 5           state transit systems through COVID, and 
 6           transit funding was preserved.  So we are 
 7           optimistic.  But obviously we're going to 
 8           have to wait for the dust to settle before we 
 9           have any indications.
10                  ASSEMBLYMAN BRAUNSTEIN:  Okay.  Thank 
11           you.  And you did touch on -- the next topic 
12           I wanted to discuss was toll and fare 
13           evasion.
14                  MTA CHAIR/CEO LIEBER:  Yeah.
15                  ASSEMBLYMAN BRAUNSTEIN:  I know there 
16           was a recent media report about the toll 
17           repayment.  I know it's disputed, some of the 
18           numbers that were in that media report.
19                  MTA CHAIR/CEO LIEBER:  Just some of 
20           the numbers.  How about all of the numbers?
21                  ASSEMBLYMAN BRAUNSTEIN:  All right.  
22           But if you can just give us a breakdown, 
23           combined, of how much lost revenue the MTA 
24           incurs with fare evasion and toll evasion 
                                                                   193
 1           combined.
 2                  MTA CHAIR/CEO LIEBER:  Okay.  Listen, 
 3           the truth is I can't.  We've made progress, 
 4           as I said, on -- dramatic progress on subway 
 5           fare evasion.  We've made significant 
 6           progress on bus fare evasion.  And we have 
 7           made significant progress on commuter 
 8           railroad fare evasion because instead of the 
 9           old system that I inherited where people were 
10           being given IOUs -- like, you know, assuming 
11           that they would then send in the money -- we 
12           now say, Okay, give us an I.D.  You know, in 
13           effect you're given a ticket that you have to 
14           pay or else a cop meets you at the next 
15           station.  So we have really cut fare evasion 
16           across the board.  
17                  Toll evasion is a serious problem, and 
18           that's why we appreciate the steps the 
19           Legislature took last year.  But the big 
20           picture is we collect 96 percent of tolls.  
21           Everybody loves open-road tolling.  Nobody 
22           wants to stop at tollbooths anymore.  And 
23           part of that is people need to pay bills.  
24                  Four percent of the bills go unpaid.  
                                                                   194
 1           We then go after those folks, and we end up 
 2           collecting, you know, something like 30, 
 3           35 percent of those unpaid tolls, and then we 
 4           send it to collectors.
 5                  ASSEMBLYMAN BRAUNSTEIN:  So the 
 6           issue's --
 7                  MTA CHAIR/CEO LIEBER:  So there's no 
 8           neglect.  There's no neglect going on.  It's 
 9           like 150 million a year, I think is the 
10           number on the toll evasion side.
11                  ASSEMBLYMAN BRAUNSTEIN:  Okay.
12                  MTA CHAIR/CEO LIEBER:  But this 
13           legislative session we're going to ask for 
14           more powers to crack down on toll evaders, 
15           including those who cover plates and engage 
16           in other kind of shenanigans.
17                  ASSEMBLYMAN BRAUNSTEIN:  So that was 
18           my next question.  It's more the people who 
19           don't pay as opposed to people with altered 
20           license --
21                  MTA CHAIR/CEO LIEBER:  Right now most 
22           of it is people who just don't pay their 
23           bills.  You know, if we were a credit card 
24           company, the numbers would be about the same.
                                                                   195
 1                  ASSEMBLYMAN BRAUNSTEIN:  Do you have 
 2           an idea of how much you lose because people 
 3           have altered license plates?  
 4                  MTA CHAIR/CEO LIEBER:  I'm going to 
 5           get back to you on that, because it is -- it 
 6           is a real issue.
 7                  But if instead -- I'm going to ask -- 
 8           I'm asking the Legislature this year if 
 9           instead of like giving a people a ticket if 
10           they cover their plate and letting them drive 
11           away with the plate, we are empowered to 
12           confiscate the device or even the car, which 
13           is what we do with people who owe big money.  
14           We would have a lot more power to push back 
15           on this problem.  
16                  ASSEMBLYMAN BRAUNSTEIN:  Okay.  And a 
17           dollar figure, combined, you said it was 150 
18           for tolls and maybe 600 for --
19                  MTA CHAIR/CEO LIEBER:  But again, 
20           again, it's not evasion, it's un -- whatever.  
21           We'll give you -- we'll write to you a 
22           specific response.  I just don't have the 
23           numbers at hand.  
24                  But the trajectory is -- I just don't 
                                                                   196
 1           want anyone to think like the MTA doesn't 
 2           take fare evasion seriously.  We've asked you 
 3           for more powers, we asked the NYPD for more 
 4           enforcement every day, all day.  And we're 
 5           doing everything in our power to change the 
 6           physical technology, which is just -- you 
 7           know, those turnstiles ain't cutting it 
 8           anymore, no news to anybody.
 9                  So on every front we are fighting back 
10           on fare evasion.  And, you know, I'm just -- 
11           I'm sick of people acting like the MTA is 
12           somehow letting money pour out.  That is not 
13           the game we're playing.
14                  ASSEMBLYMAN BRAUNSTEIN:  Okay.  That's 
15           my time.  Thank you.
16                  CHAIRMAN PRETLOW:  Senator?  
17                  CHAIRWOMAN KRUEGER:  Thank you.  
18                  We will start with Chair Leroy Comrie.
19                  SENATOR COMRIE:  Good afternoon, team, 
20           Chair Lieber.  I won't do a preliminary, I 
21           just want to jump in with some questions if 
22           you don't mind. 
23                  My understanding is that you're 
24           cutting the MTA police budget $20 million, 
                                                                   197
 1           but you're getting $77 million from the 
 2           Governor to put police officers in the 
 3           street?  Can you explain to me why you're 
 4           cutting the MTA police budget $20 million?  
 5                  MTA CHAIR/CEO LIEBER:  I'm going to 
 6           defer to Jai Patel, our co-CFO.  I think 
 7           the -- we're not cutting anybody.  We 
 8           actually tried to just make sure we manage 
 9           overtime effectively.  And we have improved 
10           the professionalism and the effectiveness of 
11           the MTA police dramatically in the last 
12           couple of years.  Everybody is seeing cops on 
13           trains -- MTA cops on the commuter trains a 
14           heck of a lot more.  So the number I think 
15           you're talking about is about overtime.  
16                  One other point and I'll throw it to 
17           Jai is we lost a grant from the Manhattan DA 
18           that enabled us to pay MTA cops to do 
19           additional fare evasion enforcement, and that 
20           has also had an effect.  
21                  Jai?
22                  MTA CO-CFO PATEL:  Sure.  Thank you, 
23           Chairman.  
24                  I'll start with MTAPD has been vital 
                                                                   198
 1           to our organization.  They patrol both the 
 2           railroads and at subway stations.  The number 
 3           of head count, for example, in 2021 was there 
 4           about 1100 MTAPD, and in 2024 we have about 
 5           1350 MTAPD.  So we've been growing our PD 
 6           in-house and we have employees that are out 
 7           in the system -- 
 8                  SENATOR COMRIE:  But there'll be no 
 9           loss in head count for this year, it's just a 
10           way to --
11                  MTA CHAIR/CEO LIEBER:  No.
12                  MTA CO-CFO PATEL:  No.  As the 
13           chairman mentioned, it was a grant that we 
14           had received.  That was one time --
15                  SENATOR COMRIE:  How much was that 
16           grant?
17                  MTA CO-CFO PATEL:  It was $10 million 
18           on an annual basis over four years.  
19                  And so we lost that funding from the 
20           forfeiture fund, and so we've reduced that 
21           funding --  
22                  SENATOR COMRIE:  So the 77 million -- 
23           I'm sorry to be -- but I only got 10 minutes.
24                  So the $77 million from the Governor 
                                                                   199
 1           could offset that 10 million, to make that 
 2           up.
 3                  MTA CHAIR/CEO LIEBER:  No, the 
 4           77 million that the Governor's investing is 
 5           to put two NYPD cops on every subway train.
 6                  SENATOR COMRIE:  Right.
 7                  MTA CHAIR/CEO LIEBER:  And that's 
 8           good.  And that's a great thing.  
 9                  The NYPD patrols the subways.  We have 
10           four locations where the MTAPD is taking over 
11           subway enforcement responsibilities, and 
12           those are our terminals.  So the subways at 
13           Grand Central, and Penn, at Jamaica and 
14           Atlantic are MTAPD-enforced.  Otherwise, the 
15           subway system is the NYPD's, and they're 
16           doing a heck of a job.
17                  SENATOR COMRIE:  Gotcha.  So you won't 
18           lose head count with the MTA Police, but 
19           you're able to supplement the money with the 
20           MTA with the New York City Police Department.  
21                  And how long a period of time will 
22           that 77 million last?
23                  MTA CHAIR/CEO LIEBER:  It's six 
24           months, right?
                                                                   200
 1                  MTA CO-CFO PATEL:  I believe it's 
 2           six months.
 3                  SENATOR COMRIE:  Six months, okay.  
 4           All right, then we'll move on to the next 
 5           question.
 6                  You talked about the fact that your 
 7           budget is lower.  Can you talk about how your 
 8           dashboard is showing people that?  And can 
 9           you talk about exactly how John Q. Public can 
10           look at the dashboard and see how your money 
11           is being spent?  
12                  MTA CHAIR/CEO LIEBER:  So the MTA is 
13           like the open data king of state government: 
14           150 data sets with like trillions of 
15           terabytes of data.  Anybody should go online, 
16           dig in, there's unlimited data. 
17                  Among the things that you have asked 
18           us, in addition to all of those 150 data 
19           sets, is a capital plan dashboard, and a 
20           skeletal version of that has been posted.  It 
21           needs to be improved in terms of additional 
22           functionality.  You are right that it needs 
23           to be, you know, more developed.  We're in 
24           the process of doing it.  It will be in place 
                                                                   201
 1           by the time that you all pass the capital 
 2           plan funding, and will be there.
 3                  SENATOR COMRIE:  And will they show 
 4           procurement as well?  Like you said they took 
 5           your laptop.  Will they show the procurement 
 6           gains in the other $500 million in gains and 
 7           how people can access that and see how well 
 8           you're spending your OTPS dollars on supplies 
 9           and everything else?  
10                  MTA CHAIR/CEO LIEBER:  Yeah.  I mean, 
11           that is all absolutely part of it.  
12                  But I'm going to circulate, just since 
13           you specified it, like the presentation that 
14           was given at our board meeting so all the 
15           members of this committee, of the various 
16           committees have it.  Because that goes 
17           directly to the issue that you're raising.
18                  SENATOR COMRIE:  Got it.
19                  And you said now that the issues 
20           around fare evasion, the Fair Fares program, 
21           as you know, PCAC has some ideas to increase 
22           it to 200 percent of the poverty level -- we 
23           fully support that -- and to do other things 
24           to create opportunities for more ridership, 
                                                                   202
 1           to create a kids program, and also to create 
 2           a transfer program.  I hope you can support 
 3           their five platform ideas that would increase 
 4           ridership and increase prime-time ridership 
 5           as well.
 6                  MTA CHAIR/CEO LIEBER:  Yeah, we love 
 7           the Fair Fares program.  We pushed always for 
 8           more eligibility.  And Shanifah, would you 
 9           talk about what we've done?  Because we are 
10           pushing more people to sign up to make sure 
11           that low-income folks get that benefit.
12                  Shanifah?
13                  MTA CCO REIARA:  Yup.  So thank you, 
14           Senator.  Fair Fares, as the chair mentioned, 
15           huge supporters.  And we do everything 
16           possible to push and promote getting people 
17           signed up and enrolled.  So much so that we 
18           do monthly programmatic activity, setting up 
19           spaces within the transit system and 
20           encouraging people to sign up, in partnership 
21           with the city.  
22                  So if you come out on-site, we 
23           advertise and promote ahead of time.  And 
24           we're also going to be using our in-station 
                                                                   203
 1           customer service centers for customers to 
 2           come out and sign up for Fair Fares very 
 3           soon, 24 hours a day or at their leisure.
 4                  SENATOR COMRIE:  Great.  I look 
 5           forward to the Fair Fares program.  There 
 6           should be notice of it being expanded in all 
 7           the stations as well.  And even with the 
 8           Long Island Rail Road, there needs to be 
 9           better notice of their discount programs so 
10           that people can see it when they come in.  
11                  I appreciate that.
12                  MTA CHAIR/CEO LIEBER:  Can I just say 
13           one thing on that topic?  What you and we 
14           have done in terms of funding the city zone 
15           so that folks can ride the railroads inside 
16           the city for five bucks or seven bucks at 
17           peak, that is that the most satisfied 
18           customer segment in our system, people riding 
19           the railroads under the CityTicket program.  
20           People are thrilled about it.
21                  SENATOR COMRIE:  Definitely.  Glad 
22           that we were able to work on that together.  
23           I look forward to working on other ideas.
24                  Right now the issue that came to me 
                                                                   204
 1           regarding the trains and the availability for 
 2           new trains and the Alstom trains and the M-92 
 3           and M-96 or whatever.  Now, I know you need 
 4           trains and -- but, first, have you figured 
 5           out why the wheels are disappearing so 
 6           quickly on, what is it, the R line?
 7                  MTA CHAIR/CEO LIEBER:  Well, the 
 8           wheels aren't disappearing.  What's happening 
 9           is that on the Queens Boulevard line, which 
10           you and I both care about a lot, service has 
11           been much better, well done, because we have 
12           now modern signaling on that line.  But the 
13           wheels on the trains, you know, that are 
14           working the Queens Boulevard line, that's the 
15           A and the F and the M, and the R train, 
16           sometimes are wearing out more than they 
17           should, so there's a series of engineering 
18           studies underway -- I'm not going to spend a 
19           ton of time on that -- but that is being 
20           studied deeply right now.  
21                  So we don't have an answer on that 
22           issue.
23                  SENATOR COMRIE:  Didn't we put new 
24           rail through that whole area?  Didn't you 
                                                                   205
 1           replace the rails?
 2                  MTA CHAIR/CEO LIEBER:  Go ahead, 
 3           Demetrius.
 4                  NYCT PRESIDENT CRICHLOW:  Thank you 
 5           for the question.  
 6                  It's more than just the rails, it's -- 
 7           we increased speeds in the area.  We -- you 
 8           know, over the last several years we've tried 
 9           to look at every way to improve our service, 
10           which means increasing speeds, introducing 
11           new train cars, we've updated our signaling 
12           system.  
13                  So there are so many different changes 
14           to the system, it's hard to determine exactly 
15           why the wheels themselves are wearing more 
16           quickly.  So we have an engineering team, in 
17           addition to a consultant, that's looking at 
18           our overall operational experience to see 
19           what could be impacting it.  So it's being 
20           tackled from many different fronts, from both 
21           the car perspective, the wheel perspective, 
22           and the wear of the actual -- whether or not 
23           the composite of the wheels has changed, 
24           going down to the actual trains, how they're 
                                                                   206
 1           moving, and the tracks themselves.
 2                  SENATOR COMRIE:  Okay.  Can we talk 
 3           about the Alstom contract for a second?
 4                  MTA CHAIR/CEO LIEBER:  So, open 
 5           procurement, so no details, obviously.  We 
 6           have -- in the current capital program we 
 7           want to buy hundreds of railcars, in part for 
 8           commuter railroads, and we're continuing to 
 9           buy hundreds of subway cars under the 
10           Kawasaki contract for the R211s.  
11                  We've recently -- since congestion 
12           pricing was moving forward, we've moved 
13           forward with an option on the R211 subway 
14           cars.  
15                  You're talking about a commuter rail 
16           contract that's been underway -- a commuter 
17           rail procurement that's been underway for 
18           years.  We lost competition on that because 
19           the feds kicked the Chinese out.  You know, 
20           probably a good decision, but it impacted on 
21           the competitiveness.  And we're in the middle 
22           of that procurement right now.  
23                  So I can't really describe it other 
24           than we're working our tails off to see if we 
                                                                   207
 1           can make it work.
 2                  SENATOR COMRIE:  Gotcha.  How many 
 3           cars do you need right now?  How many cars 
 4           are out of service?  
 5                  MTA CHAIR/CEO LIEBER:  Well, we are 
 6           proposing in the new capital program to buy  
 7           1500 railcars, including both subway and 
 8           commuter rail.  
 9                  We have about 8,000 cars in the subway 
10           system -- right?
11                  NYCT PRESIDENT CRICHLOW:  About 6700.
12                  MTA CHAIR/CEO LIEBER:  Closer to 
13           7,000 cars in the subway system.  And I don't 
14           know the offhand number.  So we got to buy a 
15           lot of cars.
16                  SENATOR COMRIE:  My time is -- 
17                  (Time clock sounds.)
18                  MTA CHAIR/CEO LIEBER:  Your old friend 
19           Dick Ravitch --
20                  SENATOR COMRIE:  My time is up for 
21           this round.  I'll come back; I get to do 
22           another --
23                  CHAIRMAN PRETLOW:  Thank you both very 
24           much.
                                                                   208
 1                  SENATOR COMRIE:  I get 10 minutes 
 2           later, right?
 3                  CHAIRMAN PRETLOW:  So I guess MTA 
 4           stands for "More Trains Available."
 5                  MTA CHAIR/CEO LIEBER:  Yes.
 6                  (Laughter.)
 7                  MTA CHAIR/CEO LIEBER:  Better than 
 8           some of the other acronyms your friends have 
 9           come up with.
10                  CHAIRWOMAN KRUEGER:  That might work.
11                  CHAIRMAN PRETLOW:  Assemblyman 
12           Magnarelli.
13                  ASSEMBLYMAN MAGNARELLI:  Thank you 
14           very much, Mr. Chairman.  I've just got a 
15           couple of comments.  
16                  I'm from upstate New York.  I'm 
17           non-MTA, okay?  And I just want to bring a 
18           couple of things to your attention.  We're 
19           talking about tens of billions of dollars for 
20           the MTA and its capital plan.  It is what it 
21           is.  But when you look at everything else 
22           that's going into the DOT, its capital plan 
23           is $34.1 billion.  So all the rest of the 
24           state, including New York City, 
                                                                   209
 1           $34.1 billion.  Okay?  When you talk about 
 2           non-MTA mass transit capital this year, 
 3           $220 million, versus what the MTA is looking 
 4           for.  
 5                  I only say these things to have you 
 6           realize what everybody else in the state is 
 7           looking at when they look at New York City.
 8                  Now, for me, I say to them if we don't 
 9           fix New York City, nothing else is going to 
10           get fixed.  And I've said that not only to 
11           your people but to people in New York City.  
12           We have to fix the subways, the buses, the 
13           transit system in New York City because 
14           basically it's the heart of our state.  And 
15           people don't realize that.
16                  But at the same time I would like to 
17           proffer to you that some education needs to 
18           be done on a statewide basis, not only in 
19           New York City, but to let people know just 
20           how important that transit system is and why 
21           we're spending that amount of money on it.
22                  That's all I have to say to you today, 
23           and I appreciate your being here.
24                  MTA CHAIR/CEO LIEBER:  I appreciate 
                                                                   210
 1           what you're saying.  
 2                  I mean, the numbers are staggering:  
 3           That, what is it, 85 percent of the personal 
 4           income taxes and 60-plus percent of the sales 
 5           taxes in the state come out of the MTA 
 6           region.  That the 3 million jobs that are 
 7           enabled because of mass transit at our 
 8           density.  And this is what to explain to 
 9           people who -- as you said, whether they're 
10           from upstate New York or they're from Utah.  
11           At our density, which is nine times Sunbelt 
12           cities like Phoenix or Houston, we couldn't 
13           have our economy without great mass transit.  
14           It just doesn't exist.  You can't have our 
15           economy.
16                  And that economy is the engine of our 
17           great state and of our great region, and I 
18           bless you for calling attention to that.
19                  ASSEMBLYMAN MAGNARELLI:  And I just 
20           want to say one more thing.
21                  Make sure it's clean and safe and stop 
22           the crime that people perceive, anyway, okay, 
23           because I think that makes a big difference 
24           as well.  I think -- that's all I have to 
                                                                   211
 1           say.
 2                  MTA CHAIR/CEO LIEBER:  We're doing our 
 3           best.  You got it.
 4                  ASSEMBLYMAN MAGNARELLI:  Thank you.
 5                  MTA CHAIR/CEO LIEBER:  Thank you.
 6                  CHAIRMAN PRETLOW:  Senator?
 7                  CHAIRWOMAN KRUEGER:  Thank you.
 8                  Senator Roxanne Persaud.
 9                  SENATOR PERSAUD:  Good afternoon, 
10           Mr. Chair.
11                  MTA CHAIR/CEO LIEBER:  Good afternoon.
12                  SENATOR PERSAUD:  You know, we have a 
13           scheduled meeting coming up.
14                  MTA CHAIR/CEO LIEBER:  Yup.
15                  SENATOR PERSAUD:  But I want to talk 
16           about, as you hear me every year talking 
17           about the express bus, particularly the 
18           express buses that serve my area, 
19           particularly the BM2.
20                  What are we doing to improve the 
21           service and the reliability of the BM2 bus?  
22           I take the BM2 when I have to get into the 
23           city, and I can tell you, the time -- it's 
24           never on time, and it takes forever to get 
                                                                   212
 1           into the city.  What are we doing to improve 
 2           the service?
 3                  MTA CHAIR/CEO LIEBER:  The one thing 
 4           we're doing -- and then I'm going to turn it 
 5           over to Demetrius -- is congestion pricing.  
 6           because that has dramatically improved the 
 7           speed of travel in and out of the city, from 
 8           New Jersey, from the boroughs -- in and out 
 9           of Manhattan and the Central Business 
10           District, not the city.
11                  And we've seen people gaining 10, 20, 
12           30 minutes.  And express bus speeds have 
13           improved, and express bus ridership is up.
14                  But to your specific question, 
15           Demetrius.
16                  NYCT PRESIDENT CRICHLOW:  So thank you 
17           for your question.  One of the things that we 
18           realize particularly is that each of the 
19           boroughs needs to have attention to the 
20           system.  The current routes that we had in 
21           the past are not really indicative of what 
22           our ridership or customers need.
23                  So the most recent network redesign 
24           was for Queens, because it was the borough 
                                                                   213
 1           that needed it most at the time.  So we spent 
 2           a whole lot of time making sure that what we 
 3           gave them for the Queens bus network redesign 
 4           was what our customers needed.
 5                  Brooklyn will be next.  We will --
 6                  SENATOR PERSAUD:  But in the 
 7           meanwhile, we're still suffering.  If you 
 8           have a bus scheduled to be -- leave at 
 9           8 o'clock, you shouldn't be waiting till 
10           8:30.  That has nothing to do with the 
11           design.  It's about the management of the 
12           timing of the buses.  There should be someone 
13           there that says "This bus is scheduled to 
14           leave at 8:30, why isn't the bus there?"
15                  And then the riders are waiting there 
16           with no information.  If you try calling that 
17           number, forget it, that's a different story.  
18           So the customer service and the call line is 
19           not helpful.  So we need to fix the bus 
20           system, because we are in a transit desert.  
21                  And the people who are going into the 
22           city, we want them not to be taking their 
23           private transportation to the city, but to be 
24           reliant on public transportation.  But if 
                                                                   214
 1           they can't rely on public transportation, 
 2           then what should they do?
 3                  NYCT PRESIDENT CRICHLOW:  Senator, 
 4           you're absolutely right, and I totally 
 5           understand your point.
 6                  I'm happy to take a look at this 
 7           specific route.  You know, if there's a 
 8           problem with the specific route and the buses 
 9           themselves -- even with the snow today, we 
10           got 98 percent of our buses out of the house. 
11                  So, you know, it's not an issue of 
12           like us like providing the specific service.  
13           But I'm happy to take a look at the specific 
14           route.
15                  SENATOR PERSAUD:  Thank you.
16                  CHAIRMAN PRETLOW:  Thank you very 
17           much.
18                  Assemblyman Miller.
19                  MTA CHAIR/CEO LIEBER:  And we have to 
20           get your people from your neighborhood, 
21           because your district has more MTA employees 
22           than any other.
23                  SENATOR PERSAUD:  I know.
24                  MTA CHAIR/CEO LIEBER:  So it is 
                                                                   215
 1           especially important.
 2                  CHAIRMAN PRETLOW:  He's on your time, 
 3           you know.  
 4                  ASSEMBLYMAN MILLER:  Okay, I'll be 
 5           real quick here.  You can start the clock.  
 6                  Okay, unpaid fares and tolls.  The 
 7           audio here in this room can be a little 
 8           tough.  With respect to -- the article in the 
 9           New York Post on January 26th revealed that 
10           the MTA lost over 5 billion in unpaid tolls 
11           since 2021, which has largely been attributed 
12           to cashless tolling, 1.4 billion last year.  
13           Does the authority intend to collect on this 
14           unpaid toll revenue?  And how will we make up 
15           for these losses?
16                  MTA CHAIR/CEO LIEBER:  Okay.  So I 
17           think I dealt with most of this before, but 
18           I'll take another crack.
19                  Just for example, last year we had 
20           $2.5 billion tolled.  We collected 2.3.  
21           Another 60 to 70 million has already been 
22           recovered.  So the facts that are in that 
23           article are misleading.  I'm not going to go 
24           through a specific critique, but we are 
                                                                   216
 1           recovering tolls.  And in fact with the 
 2           powers that you gave us last year, which are 
 3           to de-register cars that people owed tolls 
 4           on, we're actually moving more quickly to get 
 5           settlements and to get people to pay.
 6                  So there's progress on collecting 
 7           tolls.  The article -- God bless the tabloid 
 8           media, they're occasionally not quite exact.
 9                  ASSEMBLYMAN MILLER:  Okay, so that 
10           power to collect tolls, unpaid tolls, I guess 
11           what percentage of vehicles don't pay tolls?  
12           And how many violators come from outside of 
13           New York State?  
14                  MTA CHAIR/CEO LIEBER:  Well, like I 
15           said, the percentage of -- you know, it's 
16           $200 million out of 2.5 billion.  So somebody 
17           do the math; that will tell you roughly the 
18           percentage.  
19                  So 96 percent of tolls are paid.  And 
20           then of the 4 percent we collect, roughly 
21           35 percent of that remainder, just through 
22           normal outreach and pushing people to pay.  
23                  You have helped us to accelerate those 
24           payments.  We are collecting more.  And then 
                                                                   217
 1           some of it, just like a credit card company, 
 2           just like anybody who has bills that they 
 3           collect on, some of them we have to send to 
 4           bill collectors, to collection agents.  And 
 5           we're also successful with that.
 6                  So we're going to keep pushing.
 7                  ASSEMBLYMAN MILLER:  Okay, so we have 
 8           collaboration with other states to be able to 
 9           collect these tolls from their drivers?
10                  MTA CHAIR/CEO LIEBER:  That's a good 
11           question.  We have reciprocity with a lot of 
12           states.  
13                  Jai, you want to talk -- can you talk 
14           to this issue?  No? 
15                  But not all of them.  So there is -- 
16           it is worth talking about in this legislative 
17           cycle, how do we get tougher control on, you 
18           know, toll deadbeats who are out of state 
19           that we can't deregister their cars.  That is 
20           something that we would like to talk about.
21                  ASSEMBLYMAN MILLER:  Thank you, 
22           Commissioner.
23                  MTA CHAIR/CEO LIEBER:  Thank you.  
24                  CHAIRMAN PRETLOW:  Senate?
                                                                   218
 1                  CHAIRWOMAN KRUEGER:  Thank you.
 2                  Senator Bynoe.
 3                  Senator Cleare.
 4                  SENATOR CLEARE:  (Mic off) -- the 
 5           transportation desert of East Harlem, but I 
 6           wanted to talk about the expansion west into 
 7           West Harlem.  I know that we're planning on 
 8           stopping at Lenox, Saint Nicholas, and 
 9           Broadway.  Where are we in that project?  Do 
10           we think the $7.5 billion is enough?  And 
11           what's left?  Because we want to see it 
12           happen.  And have we considered including 
13           Metro-North and even possibly, in the future, 
14           an Amtrak connection?
15                  MTA CHAIR/CEO LIEBER:  Well, bottom 
16           line is we have -- the Second Avenue Subway 
17           Phase 2 is a good project, and it's being 
18           well-run, and I'm not going to drag you 
19           through all the details.  But we ain't going 
20           to end up with a front-page article in the 
21           New York Times like the first version that 
22           says it was poorly run and there was a lot of 
23           delay and waste.  Okay?  Number one.  
24                  Number two, we do have -- we do not -- 
                                                                   219
 1           have not funded the extra engineering and 
 2           tunneling that would extend it to Broadway.  
 3           That is a concept that is on the table.  We 
 4           have set aside, in our proposal, $800 million 
 5           for a lot of different potential projects.  
 6           And working with the Governor's team and the 
 7           Legislature, we will have to narrow that 
 8           down.  That is a project under consideration 
 9           for that additional roughly billion dollars 
10           that we have proposed in the capital program 
11           to extend it.
12                  The project all the way to Park Avenue 
13           and Lenox, as you said, is funded.  But the 
14           idea of extending the tunneling all the way 
15           to Broadway is not yet finalized funding, but 
16           it is a concept that is under study and 
17           eligible for consideration.
18                  SENATOR CLEARE:  Anything I can do to 
19           help move that along, I am happy to do.
20                  MTA CHAIR/CEO LIEBER:  We're happy to 
21           get into specifics with you.  Let's get into 
22           it.
23                  SENATOR CLEARE:  Okay.  Okay.
24                  And as for the 125th Street and 
                                                                   220
 1           Broadway -- all my -- all our subway 
 2           stations, the accessibility is an issue, 
 3           especially for the elevated line at 
 4           125th Street and Broadway.  That one in 
 5           particular because there is a partnership 
 6           with Columbia University, I understand.  
 7                  Where are we in that?
 8                  MTA CHAIR/CEO LIEBER:  Well, we have 
 9           advanced the discussions with Columbia.  I 
10           don't want to get ahead of myself, but I 
11           think we're close to an understanding with 
12           Columbia where they would take some 
13           responsibility for enabling us to put in 
14           elevators at the 125th and Broadway No. 1 
15           line station.
16                  SENATOR CLEARE:  Okay, thank you.
17                  CHAIRMAN PRETLOW:  Assemblyman Ra.
18                  ASSEMBLYMAN RA:  Thank you.  
19                  Congestion pricing disability 
20           exemption.  I have had some communications 
21           with constituents, and please tell me if I'm 
22           correct about this process.  
23                  I know that you could be enrolled in a 
24           previous, you know, Access-A-Ride or 
                                                                   221
 1           something like that.  But otherwise the 
 2           individual has to go and be seen at one of 
 3           the MTA's centers in order to get that 
 4           exemption?  Is that correct?
 5                  MTA CHAIR/CEO LIEBER:  Just like 
 6           paratransit, which has got 200,000 people 
 7           enrolled and found eligible, you have to go 
 8           through the assessment process.  And we've 
 9           done that for thousands of people already.
10                  ASSEMBLYMAN RA:  But is there -- or 
11           are you looking at potentially expanding that 
12           to Long Island so that -- because for a 
13           disabled individual who has mobility issues, 
14           to get to the Bronx or Manhattan or Brooklyn 
15           is -- can be difficult.
16                  MTA CHAIR/CEO LIEBER:  Yeah.  
17           Respectfully, we require assessments for 
18           folks qualifying for paratransit, and we've 
19           had success with it, and we're using the same 
20           process, including assessment centers in the 
21           boroughs.  
22                  Honestly, Assemblymember, if somebody 
23           wants an exemption to enable them to drive to 
24           the Central Business District, it doesn't 
                                                                   222
 1           seem unreasonable to go as far as Queens to 
 2           get assessed.  So --
 3                  ASSEMBLYMAN RA:  Well, the individual 
 4           I spoke to doesn't drive.  You know, has very 
 5           severe mobility issues.  And they've found it 
 6           just very difficult to get -- 
 7                  MTA CHAIR/CEO LIEBER:  No, but wait a 
 8           second.  They're going to get an exemption 
 9           that allows a particular car to be exempt.
10                  ASSEMBLYMAN RA:  Yes.
11                  MTA CHAIR/CEO LIEBER:  Not -- the 
12           exemption doesn't --
13                  ASSEMBLYMAN RA:  They are not the 
14           driver themselves.
15                  MTA CHAIR/CEO LIEBER:  So the person 
16           who's going to drive them regularly and get 
17           the exemption for their car needs to take 
18           them to the assessment center in Queens, if 
19           that's the most convenient one.  
20                  So we're comfortable that if you want 
21           an exemption to drive to Midtown, you should 
22           be able to get, you know, a third of the way 
23           there to get assessed.
24                  ASSEMBLYMAN RA:  Going back to the 
                                                                   223
 1           conversation you had with Chair Braunstein, I 
 2           understand you don't want to call it a gap or 
 3           whatever with the capital plan.  But is there 
 4           a number that you feel needs to be addressed 
 5           in this budget in terms of additional capital 
 6           funding, whether it's through some new 
 7           dedicated, you know, funding source, tax, 
 8           whatever it is?  Is there a number -- 
 9                  MTA CHAIR/CEO LIEBER:  You could -- 
10           you could take it from the existing budget.  
11           I don't buy the idea that we treat education 
12           and Medicaid and healthcare and all these 
13           other state programs as a given.  Oh, we have 
14           to fund those -- there's no gap, no one says, 
15           Well, there's a gap.  But when the MTA comes 
16           with this predictable capital program, which 
17           is below inflation -- so when everyone's 
18           talking about gaps and bailouts, it ain't 
19           right, it's not accurate.  And I'm going to 
20           keep pushing back on that rhetoric.
21                  So with that said, the number that 
22           needs to be resolved, whether it's through 
23           existing revenues or the future, under our 
24           proposal was roughly 33 billion over the 
                                                                   224
 1           five-year period.  That would require, you 
 2           know, a much smaller number of regular 
 3           revenue to be bonded.  
 4                  And I think under the Governor's 
 5           proposal it's slightly larger because she had 
 6           some other variables.  
 7                  But everybody knows the scale of the 
 8           issue.  The point is you have the power of 
 9           the purse, along with the Executive, and 
10           we're counting on you to solve it.
11                  ASSEMBLYMAN RA:  And as part of that 
12           as well, do you need the gap between what was 
13           initially projected from congestion pricing 
14           and the lower amount with the lower fine to 
15           be addressed?
16                  MTA CHAIR/CEO LIEBER:  No.  We have -- 
17           without wasting everybody's time, we have 
18           figured out how we make the lower numbers 
19           of -- the lower revenue from congestion 
20           pricing work in order to fund the projects 
21           that were supposed to be funded, albeit at 
22           slightly longer time frames.
23                  ASSEMBLYMAN RA:  Okay.  And then you 
24           mentioned the actions of a couple of years 
                                                                   225
 1           ago with regard to the operating funding and 
 2           plugging that gap.  Is everything now, you 
 3           know, basically where you are now in terms of 
 4           fares, in terms of all the dedicated taxes, 
 5           all of that stuff, everything basically lines 
 6           up right now?  There's no funding gap?
 7                  MTA CHAIR/CEO LIEBER:  No.  We've made 
 8           good on -- the projections that you and we 
 9           all made together back in '23 have stood up 
10           through the five-year period that was on the 
11           table at that time.  So we're balanced-budget 
12           through '26.  
13                  The outyears have some gaps in them 
14           which we'll need to talk about over time.  
15           That's not a this-year issue.  But it depends 
16           on, you know, a lot of variables, including 
17           how much the real estate taxes that you all, 
18           we're all dealing with, a downturn in real 
19           estate tax revenues, how well they perform.  
20           So -- but that's not a this-year issue, and 
21           we've made good on the commitments that were 
22           made in '23.
23                  ASSEMBLYMAN RA:  Thank you, Chair.
24                  CHAIRMAN PRETLOW:  Senator?
                                                                   226
 1                  CHAIRWOMAN KRUEGER:  Thank you.
 2                  Senator Tom O'Mara, Finance ranker, 
 3           five minutes.
 4                  SENATOR O'MARA:  Thank you.
 5                  Good afternoon, Chairman.  Thanks for 
 6           being with us.  
 7                  As you know, we have a very strong 
 8           railcar manufacturing base across the 
 9           Southern Tier of New York, with much work 
10           that you've done with Alstom in Hornell over 
11           the years, that we have CAF in Elmira, and 
12           soon to come, Siemens in Horseheads, building 
13           high-speed rail, building railcars for 
14           municipal transit systems across the country.
15                  My only question for you, and I thank 
16           you for visiting us over the time, is -- and 
17           I know you've been to Alstom with myself.  In 
18           fact, are you in discussions or anything with 
19           CAF, the other manufacturer currently in 
20           Elmira, on possibilities working for the MTA 
21           and, you know, where do --
22                  MTA CHAIR/CEO LIEBER:  We were not -- 
23           listen, here's the bottom line.  We're buying 
24           15 -- I misspoke earlier.  We're buying 
                                                                   227
 1           1500 subway cars and 500 railcars in the 
 2           next -- I would love it if every one of them 
 3           were manufactured in the State of New York.  
 4           New York State was the historic center of 
 5           railcar manufacturing in the great rail age.  
 6           It ought to be again.  
 7                  I'm thrilled that CAF, which is a 
 8           Spanish company, has started to expand in 
 9           New York State.  I'm thrilled that Siemens -- 
10           and we're going to buy some dual-mode 
11           locomotives from Siemens -- is doing it at 
12           Horseheads.  It's all great.  Let's work 
13           together to make the huge railcar needs a 
14           part of our --
15                  SENATOR O'MARA:  Are there any tools 
16           that the Legislature could help you with in 
17           prioritizing New York State manufactured 
18           railcars?
19                  MTA CHAIR/CEO LIEBER:  Let's have a 
20           longer discussion about that.  But yeah.  I 
21           mean, yes, I do think that we need those 
22           companies to be enabled to produce MTA 
23           railcars.  They're producing all kinds of 
24           different stuff.  But there are some unique 
                                                                   228
 1           characteristics of our operating environment 
 2           and otherwise that we need them to be able to 
 3           make MTA -- you know, it's not just a quality 
 4           issue, it's literally the physical type of 
 5           car that they can build at those facilities.
 6                  So we can talk about how do we work 
 7           together to get them there.
 8                  SENATOR O'MARA:  And also 
 9           incorporating all the various and many 
10           subcontractors that provide services and 
11           parts and components to the larger Alstom and 
12           CAF's -- keep those in mind too.  
13                  But just to follow up, I think you 
14           were asked earlier about the M-9A contract.  
15           You say that's in procurement right now, but 
16           that's been going on for about nine years.  I 
17           know you can't get into the details of 
18           procurement going on, but what's the timeline 
19           we're looking at here?  I mean, nine years 
20           seems to be an awful long time.
21                  MTA CHAIR/CEO LIEBER:  I mean, thumbs 
22           up or down, it's got to be sooner rather than 
23           later.  You're right, it is really 
24           complicated to do railcar procurement.  This 
                                                                   229
 1           is not like going down to the hardware store.
 2                  But let me tell you, we would like 
 3           that one to be resolved, and for good or bad, 
 4           we have to resolve it, you know, in the next 
 5           six months.
 6                  SENATOR O'MARA:  Well, thank you.  
 7           thank you for your leadership on that.  And 
 8           anything that you or your crew comes up with 
 9           where we might be able to do something 
10           legislatively to help ensure that that 
11           manufacturing process happens in New York, 
12           certainly I'm all ears, and I'm sure 
13           everybody else here as well.
14                  Thank you.  
15                  CHAIRMAN PRETLOW:  Thank you.  
16                  Assemblyman Simone.
17                  ASSEMBLYMAN SIMONE:  Thank you.  
18                  Thank you, Chairman, for joining us.  
19                  I have a question about subway safety 
20           gates.  Last year 26 people were pushed in 
21           front of the subway tracks according to the 
22           New York Times.  And I know we have these 
23           half-assed gates up that don't even go all 
24           the way up.  
                                                                   230
 1                  Are you looking and studying other 
 2           cities, what they're doing with their gates?  
 3           Like for instance in Eastern Europe and that, 
 4           they have the full-fledged rope gates that no 
 5           one can be pushed in front of a subway car 
 6           because they go all the way up.  And they're 
 7           more costly -- less costly, and it takes -- 
 8           it's quicker to build them, from what we've 
 9           read.
10                  MTA CHAIR/CEO LIEBER:  I'm happy to 
11           look at any model that you're pointing to.  
12                  The big picture is this, that those -- 
13           in the modern railcar situation you have 
14           these what they call platform screen doors 
15           that block the entire platform.  Our 
16           platforms -- remember, this is a 
17           hundred-year-old system.  Our platforms can't 
18           take that weight.  
19                  So we've gone to alternative 
20           approaches which have been working and, 
21           equally important, make people feel safe.  I 
22           don't accept the phrase half-assed, 
23           respectfully.  So --
24                  ASSEMBLYMAN SIMONE:  I mean, if you're 
                                                                   231
 1           tall, you simply get pushed over.
 2                  MTA CHAIR/CEO LIEBER:  So the bottom 
 3           line is we're putting in those -- what we 
 4           call the platform barriers.  We've done it at 
 5           17 stations.  We're going to do it at 
 6           100 stations in the next year.  Thank you, 
 7           Governor Hochul, who's funding that.
 8                  ASSEMBLYMAN SIMONE:  I have another 
 9           question, so --
10                  MTA CHAIR/CEO LIEBER:  Okay.  But 
11           that's my story.
12                  ASSEMBLYMAN SIMONE:  You answered my 
13           question.  
14                  When we fight to secure MTA funding, 
15           there's often criticism from constituents and 
16           the media that we spend far more on projects 
17           than peer cities.  I know I read your 
18           testimony that you've reduced costs by 
19           3 percent; I commend you for that.  But what 
20           innovative approaches are you taking to 
21           reduce the costs of construction?  
22                  MTA CHAIR/CEO LIEBER:  Okay.  You're 
23           opening the fire plug right now, because this 
24           is like -- this is my life.
                                                                   232
 1                  ASSEMBLYMAN SIMONE:  That's why I 
 2           asked.
 3                  MTA CHAIR/CEO LIEBER:  I joined the 
 4           MTA in 2017, right as Second Avenue Phase 1 
 5           was being finished, attacked the specific 
 6           problems of that project, and set MTA 
 7           construction development on a new course.
 8                  And how we do it is, you know, we 
 9           changed the contracts so you're not randomly 
10           putting risk on contractors.  We've ended 
11           customization.  Limiting customization in the 
12           designs is a dramatic driver of costs.  We 
13           bundle projects so every time you shut down a 
14           line to get work done, you get maximum amount 
15           of work done and you're getting economies of 
16           scale.  
17                  We do A plus B procurements, is when 
18           you take the schedule into consideration so 
19           you can get more work done at a cheap rate 
20           over a shorter time.  
21                  We do different project management -- 
22           this was my life when I ran the World Trade 
23           Center project -- of how you manage risk.  
24                  And we innovate like we have in the 
                                                                   233
 1           Park Avenue viaduct, where we are actually 
 2           rebuilding a hundred-year-old structure in 
 3           the middle of East Harlem in 21 months on the 
 4           weekends without shutting down service.  And 
 5           I won't tell you how, but it is real 
 6           innovation.  All of those areas.
 7                  CHAIRMAN PRETLOW:  Thank you for that.
 8                  Senator?  
 9                  ASSEMBLYMAN SIMONE:  Thank you, 
10           Chairman.
11                  CHAIRWOMAN KRUEGER:  Thank -- thank 
12           you.
13                  MTA CHAIR/CEO LIEBER:  So I've got 
14           another hour if you want it on that topic.  
15                  (Laughter.)
16                  ASSEMBLYMAN SIMONE:  We can do it over 
17           cocktails.
18                  CHAIRWOMAN KRUEGER:  Thank you, 
19           Chairman.
20                  Senator Bynoe.  
21                  SENATOR BYNOE:   Thank you, 
22           Madam Chair.
23                  Hi, I have a question regarding the 
24           Long Island Rail Road bridges in Nassau and 
                                                                   234
 1           Suffolk County.  It's been reported that a 
 2           few of them are in poor condition, and it's 
 3           also been stated that there's a complexity in 
 4           the repairs because local governments share 
 5           responsibility in repairing those bridges.
 6                  Can you tell me, you know, how 
 7           impactful that is and how do you think we can 
 8           overcome the challenges with local 
 9           governments that might be under-equipped to 
10           meet the needs?
11                  MTA CHAIR/CEO LIEBER:  Yeah, I mean, 
12           everyone assumes always that we're fighting 
13           with Nassau County because of politics.  
14           Actually, Nassau County has been pretty 
15           cooperative with us in those situations where 
16           there's a shared collaboration.  And what 
17           bridge was that, John?  There's a bridge 
18           recently we did where there was that 
19           collaboration.  Yeah, Cherry Valley Bridge.
20                  So I think there is occasionally 
21           jurisdictional complexity and so on, but the 
22           bottom line is this.  We've got 80 bridges in 
23           the Long Island Rail Road system that are in 
24           poor or marginal condition.  That does not 
                                                                   235
 1           mean they will fall down.  It means that they 
 2           need to be invested in so they don't get to 
 3           that point.  And this capital program is the 
 4           one that's going to fund that, along with a 
 5           million other things.
 6                  So thank you for the question.  It is 
 7           a big piece of the next capital program.
 8                  SENATOR BYNOE:  Okay.  And I 
 9           understand in Manhasset you had to close a 
10           bridge?  Were we in fear of that bridge 
11           collapsing?
12                  MTA CHAIR/CEO LIEBER:  Well, what 
13           happens frequently -- I don't know the 
14           specifics, but what was happening all the 
15           time with Long Island, we had low bridges all 
16           over Long Island and trucks would run into 
17           them, dopey truck drivers run into them, they 
18           don't read the signs.  And then we'd have to 
19           shut down the railroad for half a day to make 
20           sure that the bridge was structurally sound.
21                  Because of the Third Track Project and 
22           other projects we've done, we've dramatically 
23           reduced those kinds of -- what do they call 
24           it when the truck hits?  Bridge strikes -- 
                                                                   236
 1           bridge strikes that shut down service, and 
 2           the result is much more reliability and more 
 3           service for Long Island Rail Road customers.  
 4           Great investment in the Third Track Project.
 5                  SENATOR BYNOE:  Thank you.
 6                  CHAIRMAN PRETLOW:  Assemblyman Fall.
 7                  ASSEMBLYMAN FALL:  Thank you, 
 8           Chairman Pretlow.  
 9                  Good morning, Chairman Lieber and your 
10           team.  Appreciate all the work that you guys 
11           are doing.  
12                  Very happy about the new R211 trains 
13           that are on Staten Island.  Hear a lot of 
14           good feedback about that.  And also I am 
15           impressed with the recent aesthetic 
16           improvements to the Verrazano Bridge.  I know 
17           it's a long work in progress, but it's going.  
18           Although the tolls are hurting us, so --
19                  MTA CHAIR/CEO LIEBER:  You can stop 
20           there.  I don't get "thank you" for more than 
21           five seconds.
22                  (Laughter.)
23                  ASSEMBLYMAN FALL:  And then 
24           Access-A-Ride, your team has been really 
                                                                   237
 1           responsive and helpful to my team on the 
 2           various issues that we have on that end, so I 
 3           want to commend you guys for that.
 4                  Now, a topic that's near and dear to 
 5           my heart, and I know it's something that, you 
 6           know, you also care about, the bus rapid 
 7           transit.  What can I share with my 
 8           constituents on where we are with that?
 9                  MTA CHAIR/CEO LIEBER:  So big 
10           opportunity here.  So bus rapid transit, 
11           North Shore of Staten Island -- been working 
12           on it a while.  There is a major opportunity 
13           to improve it and reduce the complexity of 
14           the project by resolving conflicts with the 
15           mall that's just west of the Staten Island 
16           Ferry terminal, so you don't have to take it 
17           onto the street.  Nobody wants this bus rapid 
18           transit system on the street if it doesn't 
19           have to be, if it can be in its own right of 
20           way.
21                  So we're trying to resolve that.  We 
22           want to advance the design.  We want to 
23           resolve that issue and move the design 
24           forward, and then we have to see if we can 
                                                                   238
 1           get federal funding.  That is -- you know, 
 2           we're going to -- we're in an unknown 
 3           territory with the federal government.  But 
 4           we would like to work with you to see if that 
 5           is realistic, because that is an opportunity 
 6           that I think all of us want to pursue.
 7                  ASSEMBLYMAN FALL:  I gotcha.
 8                  Going to the Fulton Station on the 
 9           Manhattan side of my district, I hear a lot 
10           of quality-of-life concerns in that station, 
11           and I'm kind of curious to know what are we 
12           doing to not only address the quality-of-life 
13           issues there, but to address the 
14           concessionaire space that is empty?  Because 
15           there are various concessionaire space, and I 
16           think that is also revenue that the MTA is 
17           arguably missing out on.
18                  So any thoughts on that?
19                  MTA CHAIR/CEO LIEBER:  So I'm going to 
20           throw it to Demetrius in a second.
21                  The bottom line is that's a real 
22           estate deal.  Westfield is the outfit that 
23           runs the retail in the World Trade Center and 
24           in the Fulton Transit Center and other 
                                                                   239
 1           places, a big mall operator around the 
 2           country.  They're getting out of America, so 
 3           they're spreading a lot of lies about the 
 4           quality-of-life issues in that so they can 
 5           try to get out of their lease.  Period, end.
 6                  There is -- this is a big station, it 
 7           has -- you know, does have people who 
 8           misbehave and fare evade and stuff that we 
 9           see in the system, but it's not some dramatic 
10           difference from experience that we're 
11           struggling with elsewhere.  We have private 
12           security that we provide there, and we also 
13           have the NYPD there.  So we're going to keep 
14           pushing on that issue.
15                  ASSEMBLYMAN FALL:  Appreciate that.
16                  Tompkinsville Station, need help there 
17           as well on Staten Island.
18                  Thank you.
19                  CHAIRMAN PRETLOW:  Assemblyman Bores.
20                  ASSEMBLYMAN BORES:  Thank you, 
21           Chairman Lieber, for being here.  Agree with 
22           you, we need to find a way to fund the full 
23           capital plan.  Thank you to you and the 
24           Governor for your commitment to platform 
                                                                   240
 1           barriers.
 2                  And also one thing I haven't heard you 
 3           talk about enough is the automated 
 4           accessibility assistance and MTA train time 
 5           app, which is a government-tech success story 
 6           that I think many states should learn from.  
 7           It was really a wonderful rollout.
 8                  I want to ask, since congestion 
 9           pricing has come into effect, what's the 
10           total amount of revenue that's been forgone 
11           because of credits to the Holland or Lincoln 
12           Tunnel?
13                  MTA CHAIR/CEO LIEBER:  Listen, I don't 
14           know the answer to that.  We're -- just so 
15           everybody's -- this is all going to be very 
16           open-book.  We're going to put the revenue 
17           numbers out as soon as we have them.  
18                  Bear in mind that we don't get the 
19           taxi and FHV revenues.  Remember, that's a 
20           big piece of the --
21                  ASSEMBLYMAN BORES:  Sorry, I just 
22           wanted -- you are the open data king.
23                  MTA CHAIR/CEO LIEBER:  We are the open 
24           data king.
                                                                   241
 1                  ASSEMBLYMAN BORES:  And using the open 
 2           data this morning, my team put a quick 
 3           estimate together, around 5.3 million --
 4                  MTA CHAIR/CEO LIEBER:  Let 'er rip.  
 5           Let 'er rip.
 6                  ASSEMBLYMAN BORES:  I would love to 
 7           get -- we had some assumptions in doing that.  
 8           I'd love to get the real figures from you 
 9           when we can.
10                  MTA CHAIR/CEO LIEBER:  Happy to do it.  
11           And you can talk about how you think that 
12           money ought to be invested, that's --
13                  ASSEMBLYMAN BORES:  Well, I was just 
14           going to say, 5.3 million, how many 
15           New Jersey residents have thanked you?
16                  MTA CHAIR/CEO LIEBER:  Yeah.  There's 
17           a large house down by Princeton that I know 
18           has not thanked me.  It's called the 
19           Governor's Mansion.
20                  ASSEMBLYMAN BORES:  Fair enough.
21                  So -- and then I also want to ask, 
22           when you were setting up the tolls and now 
23           obviously we've changed the price, at any 
24           point in the modeling did you look at how 
                                                                   242
 1           much it would cost to have a discount or 
 2           exemption for those that live in the zone?
 3                  MTA CHAIR/CEO LIEBER:  Listen, you 
 4           know, there were some specific discounts that 
 5           were written into law.  And then we gave it 
 6           to the Traffic Mobility Review Board, which 
 7           looked at all the discounts and what they 
 8           said is, Listen, we're not doing any more 
 9           rifle shots --
10                  ASSEMBLYMAN BORES:  No, I've read the 
11           report, I'm just saying was it ever priced.  
12           I haven't seen --
13                  MTA CHAIR/CEO LIEBER:  I don't know 
14           that it was.  But we were very, very 
15           respectful of that group which studied every 
16           one of the exemptions in detail, and we 
17           adopted it with their recommendations.  That 
18           was kind of what the law that you wrote 
19           intended for us to do.
20                  ASSEMBLYMAN BORES:  I agree.  I just 
21           want to be able to report to my constituents 
22           the ratio of what we're giving to Jersey 
23           versus to them.  That's all.
24                  I just want to ask, on the 59th Street 
                                                                   243
 1           Bridge entrance, obviously that -- there's a 
 2           way to exit without paying the toll.  There's 
 3           no way to enter without paying the toll.  I'm 
 4           concerned for my constituents about more 
 5           people now driving up to the Triborough, 
 6           which has a lower toll overall.  
 7                  Has that been studied?  In the first 
 8           month, what's the data on how that's shifted 
 9           traffic?
10                  MTA CHAIR/CEO LIEBER:  Listen, that is 
11           one of the complexities.  The way the law was 
12           written, we had 60th Street as the barrier 
13           and we had to live with that.  It created 
14           some complexities.  That's one of them, one 
15           of the big ones.
16                  The one thing I would say to you is 
17           that what we believe from the studies that 
18           we've done is if we had magically made that a 
19           way to get in and out of the city for free, 
20           your constituents on the far east side would 
21           be living with a ton of extra traffic.  So 
22           there are tradeoffs.
23                  (Overtalk.)
24                  ASSEMBLYMAN BORES:  If that could be 
                                                                   244
 1           shared, that would be appreciated.
 2                  MTA CHAIR/CEO LIEBER:  The law that 
 3           you wrote, we complied with, and the result 
 4           is you got a lot less traffic.
 5                  ASSEMBLYMAN BORES:  If that could be 
 6           shared, that would be appreciated, the 
 7           report.
 8                  CHAIRMAN PRETLOW:  Assemblymember 
 9           Epstein.
10                  Assemblywoman Solages.
11                  Assemblywoman González-Rojas.
12                  ASSEMBLYWOMAN GONZÁLEZ-ROJAS:  All 
13           right.  Thank you, Chair Lieber.  Proud 
14           straphanger here.
15                  So I want to state for the record that 
16           I support revisiting the Free Bus Pilot.  I 
17           know that's on us.  But until then, we know 
18           that the Fair Fares Program has been a 
19           lifeline for so many working-class 
20           New Yorkers.  Expansion of Fair Fares to 
21           200 percent of the federal poverty level was 
22           a key recommendation in the Blue Ribbon 
23           Report on Fare Evasion.  
24                  So do you know why the eligibility is 
                                                                   245
 1           only at 145 percent of the federal poverty 
 2           level years later?
 3                  MTA CHAIR/CEO LIEBER:  So I'm going to 
 4           hand that one to Shanifah.  
 5                  We have always supported raising the 
 6           threshold of eligibility because New York is 
 7           a heck of a lot more expensive.  What it 
 8           means to be low-income or poor or even 
 9           working class in New York is different than, 
10           you know, a lot of other places.  
11                  So we've supported increasing the 
12           eligibility threshold.  And our job, which 
13           we're pushing hard on, is to sign everybody 
14           up.  And Shanifah and team have led that, 
15           even though it's a city program.
16                  ASSEMBLYWOMAN GONZÁLEZ-ROJAS:  Great.  
17           I'm excited to partner on that effort, and 
18           I'm excited to share a bill with Senator 
19           Comrie that would increase the federal 
20           poverty level to 200 percent.  
21                  Can you provide an update on the 
22           status of the Interborough Express Project 
23           that runs between my neighborhood in 
24           Jackson Heights, Queens, to South Brooklyn?  
                                                                   246
 1           I saw that the MTA issued an RFP, but given 
 2           the hostile federal administration, I'm 
 3           concerned there might be an impact.  So can 
 4           you share an update on that project?
 5                  MTA CHAIR/CEO LIEBER:  Honestly, what 
 6           we've got to do now with that project -- 
 7           which is a great project.  It's going to 
 8           connect people, the two most populous 
 9           boroughs of the city which have very little 
10           connectivity, rail connectivity.  Huge 
11           benefits for our economy.  More people go 
12           between those two boroughs for jobs, believe 
13           it or not, than go across the East River.  
14           That's a stat I'm always shocked by.
15                  But -- so we've got to do it.  It's an 
16           existing right of way.  It's crazy not to use 
17           it.  But it costs money.  And we got -- what 
18           we are going to do in this capital program is 
19           get through the whole complicated 
20           environmental review process and design the 
21           thing.  That's what the RFP is about.
22                  So I'm not, you know, spending time 
23           worrying about the feds are going to give us, 
24           you know, a multi-billion-dollar grant.  
                                                                   247
 1           We've got to get through the design and the 
 2           environmental, and then we'll be positioned 
 3           to go ask whoever is the next president for 
 4           federal money.
 5                  ASSEMBLYWOMAN GONZÁLEZ-ROJAS:  And I 
 6           think I know the answer to this question, but 
 7           I know a number of us had pushed to consider 
 8           expansion of the IBX to the Bronx.  Is that 
 9           at all part of conversations or 
10           consideration?  Because I think that's such a 
11           gap for us that rely on public transit.
12                  MTA CHAIR/CEO LIEBER:  We get it.  But 
13           chicken and egg problem.  When we went for 
14           Metro-North/Penn access, we put as much 
15           railroad on that right of way, which is the 
16           Hell Gate, as we can.  So we can't jam 
17           another operation onto that bridge and that 
18           right of way.  That's not an option.
19                  ASSEMBLYWOMAN GONZÁLEZ-ROJAS:  Thank 
20           you.  
21                  CHAIRMAN PRETLOW:  Thank you.  
22                  Assemblywoman Eachus?  
23                  Assemblywoman Mitaynes?
24                  ASSEMBLYWOMAN GONZÁLEZ-ROJAS:  Oh, no, 
                                                                   248
 1           he's here.
 2                  CHAIRMAN PRETLOW:  Gotta speak up.
 3                  ASSEMBLYMAN EACHUS:  Thank you, 
 4           Chair Pretlow.  
 5                  Wheels on some of the cars on some 
 6           lines are wearing faster than expected.  
 7           You've been in negotiations with a company 
 8           here in New York for three years, and yet you 
 9           haven't come to any type of conclusion on 
10           what's wrong with those wheels, what is 
11           needed, and so on like that?  I don't get it.  
12                  And I really didn't like the comment 
13           about, oh, we are restricted because we can't 
14           use China anymore.  What the heck are we 
15           sending our dollars to China for when we have 
16           companies -- and this is different than the 
17           company that Senator O'Mara was talking 
18           about.
19                  MTA CHAIR/CEO LIEBER:  Listen, I don't 
20           know what -- what you heard, but I think we 
21           answered the question about the wheels.  That 
22           hasn't been under study for three years, 
23           that's about three months.  So information 
24           gap.  But -- 
                                                                   249
 1                  ASSEMBLYMAN EACHUS:  I didn't say that 
 2           you were studying those wheels for three 
 3           months.  I said you'd been in negotiations 
 4           with a company from New York, here in 
 5           New York, that builds railcars, for three 
 6           years.  And you still haven't come to any 
 7           conclusion or drawn any conclusion at this 
 8           point.  
 9                  Congestion pricing, the dagger in the 
10           heart.  I am from the 99th District.  That 
11           probably doesn't mean anything to you.  That 
12           is Eastern Orange County and Northern 
13           Rockland County.  We get like 1 cent back on 
14           the dollar for all the payroll taxes we pay.  
15           We have nearly zero service in our area.  As 
16           a matter of fact, we have to deal with the 
17           PATH line and so on like that.  
18                  I don't know why you consider my 
19           district to be a whipping dog, to continually 
20           collect money from it and yet we don't get 
21           any increase in services.
22                  MTA CHAIR/CEO LIEBER:  Okay.
23                  ASSEMBLYMAN EACHUS:  My wise chair, 
24           Mr. Pretlow, asked the DOT just earlier today 
                                                                   250
 1           about a proposed $1 million study directed 
 2           mostly to the western side of the Hudson 
 3           River, and he was given some excuse back 
 4           about, Well, we'll have to look into double 
 5           track.  We already procured $10 million to 
 6           double one mile of track on our side of the 
 7           river.  We don't need a million-dollar study.  
 8           There are no trains.  The buses are terrible, 
 9           absolutely horrendous on our side.  There are 
10           very few of them, both trains and buses, such 
11           that our people can't do anything except 
12           commute into the city with cars.  
13                  And you put in congestion pricing.  
14           It's a killer.  It's a killer for my 
15           district.  
16                  MTA CHAIR/CEO LIEBER:  Is there a 
17           question that I can answer?
18                  ASSEMBLYMAN EACHUS:  No.  There's no 
19           question that you can answer.
20                  MTA CHAIR/CEO LIEBER:  Okay, I didn't 
21           think so.
22                  ASSEMBLYMAN EACHUS:  I'm just making 
23           the statement so that the public knows what's 
24           going on.
                                                                   251
 1                  MTA CHAIR/CEO LIEBER:  Okay.  So 
 2           there's 80 percent of the people in Rockland 
 3           County who commute to Manhattan Central 
 4           Business District do take transit.  We 
 5           acknowledge the fact that rail service on the 
 6           West of Hudson stinks.  It is run by 
 7           New Jersey Transit.  The tracks are owned by 
 8           the freight railroad.  We have no ability to 
 9           alter that for you, much as we would like to.  
10           That is the reality.
11                  CHAIRMAN PRETLOW:  Thank you, 
12           Mr. Chair.
13                  Senator?  
14                  CHAIRWOMAN KRUEGER:  Thank you, 
15           Mr. Chair and CEO.  So I try to go after all 
16           the other Senators, and I gave the Assembly 
17           some extra time because there are more of 
18           them.  
19                  So let me just start with where we 
20           just closed.  My understanding is the MTA 
21           provides $27.9 million of spending 
22           specifically in Assemblymember Eachus's 
23           district.  Is that correct, do you know?
24                  MTA CHAIR/CEO LIEBER:  I don't know 
                                                                   252
 1           the answer to that.
 2                  But the studies you've seen is that 
 3           every State Senate district, every 
 4           congressional district in New York State is 
 5           benefiting from the MTA capital program.  And 
 6           I think the study that came out today saw 
 7           that the congressional district that includes 
 8           Rockland County gets like $2 billion out of 
 9           the MTA capital program.  
10                  So we don't get anything -- if the 
11           point is the question of who's getting what 
12           back from the MTA capital program, I take 
13           your point.  Clearly our friends -- although 
14           clearly there's a difference of opinion -- 
15           are benefiting from the MTA capital program.
16                  CHAIRWOMAN KRUEGER:  So that's really 
17           the broader question I was going to ask.  
18                  So you need a lot of capital money, 
19           and I understand why.  But it's also, I 
20           think, really important for people to 
21           understand how much of that capital money 
22           actually just goes right back into our 
23           regional economy, with a multiplier effect 
24           for jobs and for businesses throughout the 
                                                                   253
 1           State of New York -- not just in the 12 MTA 
 2           regions, but everywhere.  
 3                  So can you just talk about why you're 
 4           an economic generator as well as coming to 
 5           the State of New York saying, We need some 
 6           capital money?  
 7                  MTA CHAIR/CEO LIEBER:  Yeah.  So I 
 8           think everybody's seen the recent Ernst & 
 9           Young study and the Reinvent Albany studies.  
10           The MTA capital program creates -- is 
11           estimated to create 73,000 jobs.  One out of 
12           four of those are outside in the State of 
13           New York -- one out of four of those are  
14           outside the MTA 12-county region.  And the 
15           average job among the 73,000 is north of 
16           $100,000.  
17                  So it is $112 billion of economic 
18           activity created by that -- our roughly 
19           $68 billion capital program.  Those are the 
20           estimates.  And there are lots of other 
21           metrics of the positive impact this capital 
22           program has.  Don't forget, it enables the 
23           whole multi-trillion-dollar New York City and 
24           regional economy.  I mean, on top of the 
                                                                   254
 1           specifics we're talking about.  We don't have 
 2           that New York City/New York region economy 
 3           without mass transit that enables us to 
 4           function.
 5                  CHAIRWOMAN KRUEGER:  So I live in that 
 6           city, so I actually understand what happens 
 7           when the buses and the subways aren't working 
 8           or when you're in a desert without enough of 
 9           them.  So -- but I don't know if all of my 
10           colleagues know how we talk in the city 
11           about -- like when we had the Summer from 
12           Hell, and what it would mean if we didn't 
13           invest in the capital plan the way it's 
14           needed, and one day we woke up and it just 
15           wasn't working.
16                  MTA CHAIR/CEO LIEBER:  Yeah.  So we 
17           tried that.  You know?  We actually 
18           experimented with not funding the MTA capital 
19           program.  It was 2015.  And it had 
20           consequences.  
21                  And I'll just remind everybody, 
22           because I keep this in my office (showing).  
23           This is the front page of the two big 
24           New York tabloids in the middle of the summer 
                                                                   255
 1           of 2017 during the so-called Summer of Hell.  
 2           It's got the same photo:  It's people 
 3           standing 40-deep on a platform in Washington 
 4           Heights.  They can't get anywhere because the 
 5           subway system fell apart.  Enough.  
 6                  So we've tried not funding the MTA 
 7           capital.  That's where it brought us.
 8                  CHAIRMAN PRETLOW:  We try not to use 
 9           props, I'm sorry.  Due to the brains over 
10           there.
11                  (Laughter.)
12                  MTA CHAIR/CEO LIEBER:  You wouldn't 
13           know I'm a rule-breaker, but occasionally I 
14           resort.
15                  (Laughter.)
16                  MTA CHAIR/CEO LIEBER:  Anyway, the 
17           point is -- that's the point, is we tried it, 
18           it didn't work.  It killed our economy.  
19           New Yorkers rose up.  
20                  And we have -- we had the 2020-2024 
21           capital program, 55 billion.  We're asking to 
22           grow that by less than inflation.  We can 
23           afford to do that.  You know how?  We've 
24           gotten better at being efficient in how we 
                                                                   256
 1           spend capital money. 
 2                  CHAIRWOMAN KRUEGER:  And that actually 
 3           was my next question.  Even though people 
 4           think the number seems very large, that when 
 5           you adjust for inflation, it isn't a 
 6           significant increase over what we would have 
 7           automatically expected.  And yet you're 
 8           talking about needing more effort to good 
 9           repair of the existing very old system, plus 
10           expansion.  
11                  So my understanding is some people's 
12           analysis is that you really needed far more 
13           than you're asking for.
14                  MTA CHAIR/CEO LIEBER:  Yeah, I mean, 
15           listen.  We're realists.  So we went to 
16           JPMorgan Chase and said:  Compare us to a 
17           freight railroad or Con Ed or some older 
18           industrial operation.  What would you need to 
19           get to a state of good repair?  And they said 
20           to put you really there, that's 100 billion 
21           over five years-plus.  Actually, 112 I think 
22           was the number.  
23                  Even the State Comptroller, who's not 
24           known for encouraging more spending, said 
                                                                   257
 1           that the right range was between I think 
 2           roughly 60 and 92.  
 3                  So by being at 68, we are at the 
 4           low end of the range and well below what the 
 5           pros at JPMorgan Chase said.  
 6                  That said, we think that this is the 
 7           minimum necessary in order to make sure we 
 8           don't end up at the end of this capital 
 9           program worse off than we are now, that we do 
10           make progress.  That's why we believe in it.
11                  CHAIRWOMAN KRUEGER:  One of the other 
12           issues I hear about all the time, as someone 
13           who is from Manhattan, is the critical need 
14           for improving access to subways and buses for 
15           people with disabilities.  There have been 
16           lawsuits, settlements.  I don't know if 
17           everyone's noticed, we're all getting older.  
18           So the percentage of New Yorkers who use mass 
19           transit are getting older, and therefore, 
20           even if they don't meet ADA definition, they 
21           can't get up and down those stairs.  They 
22           need elevators, escalators.  
23                  Tell me what happens for everyone who 
24           is in that category if we don't come up with 
                                                                   258
 1           adequate funding to make sure we get to these 
 2           targets.
 3                  MTA CHAIR/CEO LIEBER:  Well, listen.  
 4           We've made a binding commitment to invest 
 5           enough in ADA accessibility projects to get 
 6           us within a 30-year period -- it's not 
 7           tomorrow, but within a 30-year period -- to 
 8           full accessibility.  Which is what everybody 
 9           expects a modern transit system to be.  You 
10           know, we're 40-plus years past -- 40 years 
11           past the ADA.  We've got to get there.  
12                  But it doesn't just benefit people 
13           with disabilities.  We're talking parents 
14           with strollers.  Who do we want to keep in 
15           New York who has financial challenges of 
16           being in New York?  Young families, seniors 
17           who just can't get up and down the stairs 
18           even if they're not in a wheelchair.  
19                  These are all -- this is a benefit for 
20           everybody.  And as you say, we're all going 
21           to get older and need this.
22                  So what we're proposing to do is 
23           continue to make progress on the road to full 
24           accessibility.  We have quadrupled the pace 
                                                                   259
 1           at which ADA -- stations are being made fully 
 2           accessible.  Super-proud of that.  And it is 
 3           probably, of all the things we're doing in 
 4           the capital program, the number-one most 
 5           popular aspect.  
 6                  So we're going to keep pushing 
 7           60 stations in this coming program.
 8                  CHAIRWOMAN KRUEGER:  So I have half of 
 9           my district in the zone, half of it right 
10           next to the zone.  We're all very concerned 
11           about the environmental impacts that we were 
12           hoping would come out of congestion pricing.  
13           I know it's only been a few weeks, but I 
14           think part of the deal was that you'll be 
15           doing evaluations of the environmental impact 
16           of less congestion.  
17                  You know, I'm reading every day -- 
18           today we got a report that despite some 
19           people's concerns that fewer cars would mean 
20           fewer business activity -- actually, it's 
21           just the opposite and that we had a fantastic 
22           January in the zone for all the businesses.  
23                  Do we know anything about the 
24           congestion environmental impacts yet?  
                                                                   260
 1                  MTA CHAIR/CEO LIEBER:  So you're 
 2           right.  You know, fewer cars.  You know, 
 3           we've got -- Broadway is doing great, much 
 4           better than last year.  Streets are safer.  
 5           Half as many car crashes with 
 6           pedestrian/cyclist injuries.  Traffic speeds 
 7           up dramatically.  And lo and behold, you know 
 8           who's the biggest supporter of congestion 
 9           pricing?  It's shocking:  People who drive to 
10           Manhattan regularly.  In the recent poll, 
11           66 percent of the people who drive to 
12           Manhattan regularly say, I like this, I'm 
13           getting there faster, I'm willing to pay that 
14           toll.
15                  So on the environmental front, we will 
16           have data as soon as the environmental 
17           scientists who manage the models, which are 
18           fairly complicated, give us feedback.  We're 
19           collecting the data.  Again, it's a little 
20           like the financial results.  We need to give 
21           the pros time to do their work.  It's 
22           probably a couple of months off.
23                  CHAIRWOMAN KRUEGER:  But we do have 
24           equipment to do that kind of evaluation, 
                                                                   261
 1           right?  
 2                  MTA CHAIR/CEO LIEBER:  Yes.  And we 
 3           were -- I was asked about a specific location 
 4           earlier, and we're going to check on that as 
 5           well.
 6                  CHAIRWOMAN KRUEGER:  Got it.  
 7                  And then with just my last minute, 
 8           somebody sent me a note saying that the state 
 9           still owes the MTA 2.3 billion from the 
10           2024 capital appropriation.  What's the 
11           status of that?
12                  MTA CFO WILLENS:  Sure, yes.  Both the 
13           state and the city, out of their own bonding 
14           program, committed 3 billion each to the 
15           '20-'24 program.  And we've actually 
16           committed all the funds both on the state and 
17           the city side.  So the spending is going on.  
18                  There's obviously a little bit of 
19           delay from COVID, but both the state and the 
20           city have kept their commitment in the 
21           '20-'24 plan where we've been able to move 
22           forward on projects with that money.
23                  CHAIRWOMAN KRUEGER:  And in fact the 
24           city was just up here the other day asking us 
                                                                   262
 1           for additional transitional bonding authority 
 2           so that they could actually guarantee an 
 3           additional 3 billion for you in the coming 
 4           year.
 5                  MTA CFO WILLENS:  For the next 
 6           program, correct.  Yes.
 7                  MTA CHAIR/CEO LIEBER:  It could also 
 8           be 4 billion, like the MTA Board proposed, 
 9           but go ahead.  
10                  CHAIRWOMAN KRUEGER:  All right, fine.  
11           We'll try to get to 4 billion.  
12                  My time is up.  Thank you very much.
13                  CHAIRMAN PRETLOW:  Thank you.  
14                  Assemblywoman Solages.
15                  ASSEMBLYWOMAN SOLAGES:  Greetings, 
16           everyone.
17                  First I want to say congratulations on 
18           your one-millionth rider at the 
19           Elmont Station.  The community is very happy 
20           with the work being done.  And we always like 
21           increased capacity, but we already have a new 
22           train station, so we're happy.
23                  So on to the railcars.  So as we 
24           continue to discuss the new capital plan, I 
                                                                   263
 1           want to ensure that we're not forgetting 
 2           about the current projects that are in the 
 3           pipeline.  
 4                  So riders on the Long Island Rail Road 
 5           were promised new train cars many years ago.  
 6           You know, I've ridden -- I rode on the M-9, 
 7           they're nice.  I've ridden on the old line, 
 8           the old cars.  Would like to know if -- you 
 9           know, what's going on with that, when are the 
10           riders going to expect the new railcars.  And 
11           how can we ensure this process doesn't get 
12           delayed any further?
13                  MTA CHAIR/CEO LIEBER:  So I think we 
14           talked about it earlier.
15                  ASSEMBLYWOMAN SOLAGES:  Yeah, I'm 
16           going to talk about it with you now.
17                  MTA CHAIR/CEO LIEBER:  It's an open 
18           procurement, so I can't get into details.  I 
19           said we would resolve, you know, go/no go in 
20           the next six months.  
21                  But the good news is the Long Island 
22           Rail Road's on-time performance is out of 
23           sight last year.  So even though they have a 
24           few cars that are a little long in the tooth, 
                                                                   264
 1           they are delivering for not just Elmont -- 
 2           on-time in a budget project, by the way -- 
 3           but also for everybody on the Long Island 
 4           Rail Road.  We're very proud of that 96 
 5           percent.  Right now it's 97-plus-percent year 
 6           to date.
 7                  ASSEMBLYWOMAN SOLAGES:  Okay.  And 
 8           about electrification of Suffolk County 
 9           rails, I know -- yeah.  Even though I don't 
10           represent that area, it's important that 
11           Long Island gets increased capacity in the 
12           future.
13                  Are we looking at some type of 
14           electrification like the Port Jefferson Rail, 
15           you know, in the future?
16                  MTA CHAIR/CEO LIEBER:  So in the 
17           board-adopted capital program, which was 
18           vetoed by the Legislature but which in many 
19           ways I expect to come back with, is 
20           $800 million for a range of potential 
21           different electrification, slash, expansion 
22           projects on Long Island.  They're named in it 
23           as possibilities.  And those are very much 
24           under consideration.
                                                                   265
 1                  So that includes the PJ -- some of the 
 2           PJ investments, and it also -- one that a lot 
 3           of folks have been talking about, which is 
 4           moving the main line east to Yaphank and in 
 5           the direction of Riverhead.  So those are 
 6           both under consideration, as well as some 
 7           others.
 8                  ASSEMBLYWOMAN SOLAGES:  Okay.  I hope 
 9           that we can remain that as a priority, 
10           because it's very important to Long Island 
11           for our region to have a strong rail system.
12                  MTA CHAIR/CEO LIEBER:  Well, my friend 
13           Demetrius lives in Huntington, so he's very 
14           much attentive to all those --
15                  (Overtalk.)
16                  ASSEMBLYWOMAN SOLAGES:  I'm glad we 
17           have an advocate on the inside.  Thank you.
18                  CHAIRWOMAN KRUEGER:  Assemblymember 
19           Mitaynes.
20                  ASSEMBLYWOMAN MITAYNES:  Thank you.
21                  Right now the city is investing to 
22           redevelop the Brooklyn Marine Terminal in 
23           Red Hook, to change how the city envisions 
24           the concept of a working waterfront, which 
                                                                   266
 1           will bring new development to a community 
 2           that has experienced a lack of public transit 
 3           options over the last several decades.
 4                  Given the increased demand in 
 5           Red Hook, Brooklyn, for better transit 
 6           options, could the MTA consider implementing 
 7           a new bus route that connects Red Hook to 
 8           Lower Manhattan?  This bus route would help 
 9           provide greater access for seniors, students, 
10           NYCHA residents, and people with disabilities 
11           to schools, cultural institutions and be able 
12           to access Manhattan quickly.
13                  MTA CHAIR/CEO LIEBER:  So thank you.  
14           You've let us know about your interest in 
15           that issue, as has Congressman Bowman.  And 
16           I'm going to throw it to Demetrius, but we 
17           are studying it.
18                  NYCT PRESIDENT CRICHLOW:  So I 
19           mentioned the Queens bus network redesign 
20           earlier, where we actually looked at how do 
21           we provide great service to all neighborhoods 
22           that need it and, more importantly, the 
23           connectivity to rail systems that need it.
24                  And so the Brooklyn bus network 
                                                                   267
 1           redesign will do that.  If we do determine 
 2           beforehand that additional work is needed, 
 3           with every pick we have an opportunity to 
 4           make adjustments to our scheduled bus and we 
 5           could add additional service if that comes in 
 6           earlier than the network redesigns required.
 7                  ASSEMBLYWOMAN MITAYNES:  Okay.  They 
 8           did have that bus service and it was 
 9           discontinued, and since then the community's 
10           been wanting it back.
11                  I have a question.  The MTA has 
12           proposed a $68 billion capital program for 
13           '25-'29, which the Capital Program Review 
14           Board recently vetoed.  Disability advocates 
15           are concerned that if the program is reduced 
16           in size, it will affect the number of 
17           accessibility projects you're able to do.
18                  Is that the case?  And how do you 
19           determine specifically how many projects 
20           wouldn't move forward if the capital program 
21           falls below the 68 billion level?
22                  MTA CHAIR/CEO LIEBER:  So we -- very 
23           quickly, we have a formula in our deal with 
24           the disability community in settlement of 
                                                                   268
 1           that longstanding litigation that's -- you 
 2           know, with the Governor's support I did that 
 3           settlement a couple of years ago.
 4                  It's a formula for how many stations 
 5           would be made accessible in the event that 
 6           the funding falls below our projected number.  
 7           So I can't tell you offhand what those 
 8           numbers are, but there is an adjustment.  I 
 9           don't want to do that.  We don't want to 
10           consider it.  
11                  And even worse, if the funding falls 
12           off the table, we will be faced with, you 
13           know, really dialing back improvements like 
14           ADA just to keep the system from truly 
15           falling apart.
16                  So we've got to get to the 68 number.  
17           It is a minimum number -- I think I've said 
18           that a number of times here -- and we look 
19           forward to make sure we do.
20                  ASSEMBLYWOMAN MITAYNES:  Thank you.
21                  And I just want to end with saying 
22           Red Hook needs a bus to Manhattan.
23                  CHAIRWOMAN KRUEGER:  Thank you.
24                  And our next Assemblymember is Jo Anne 
                                                                   269
 1           Simon, from Brooklyn.
 2                  ASSEMBLYWOMAN SIMON:  Thank you.
 3                  So a couple of points I want to make 
 4           first.  York Street -- I wouldn't be me if I 
 5           didn't do this.  York Street, P71.  And the 
 6           level of dysfunction that still exists in 
 7           Access-A-Ride is outrageous, right?  And in 
 8           fact I don't know why anybody has to go 
 9           in-person to be documented to have a 
10           disability.  So many of these people we've 
11           known for years.  They're not going to not 
12           have a disability.
13                  And this is also a problem with the 
14           congestion pricing process.  You know, I've 
15           had people who have gone for an evaluation 
16           where, you know, somebody who's a lawyer goes 
17           in and they're asked -- practically asked 
18           where their guardian is.  Right?  So there's 
19           a very insulting aspect to a lot of this too.
20                  So whoever is the contractor doing 
21           this, they have to get up to speed with 
22           reality.  The people who are going to be 
23           driving in because they need to work and they 
24           don't have access to transportation are the 
                                                                   270
 1           people who are actually competent people and 
 2           need to be treated that way.  So that's just 
 3           a concern I want to share with you and put 
 4           that on the record.
 5                  And I also just want to sort of just 
 6           follow up on this issue of elevators and why 
 7           we have -- because that's a separate 
 8           lawsuit -- why that hasn't been resolved.  I 
 9           know a lot of the elevators are not built by 
10           the public, they're built by developers, they 
11           haven't been working.  What can we do to 
12           speed this along and make this actually 
13           happen?
14                  MTA CHAIR/CEO LIEBER:  Okay, so -- but 
15           facts do matter.  And you and I have worked 
16           together a lot and very successfully, so 
17           thank you for all your support.  
18                  But here are some facts that are 
19           really important.  Ninety-seven percent 
20           elevator availability.  The lawsuit was from 
21           a different era when elevators were broken 
22           and not being fixed.  But right now we have 
23           for several years now -- is it 97 -- 
24           98 percent elevator availability.  The 
                                                                   271
 1           elevators are being fixed.  And you are 
 2           right:  To the extent that we have a little 
 3           more problem, it's because we have 
 4           developer-provided elevators and they're not 
 5           doing a good job, but we're beating the crap 
 6           out of them, to be honest.
 7                  ASSEMBLYWOMAN SIMON:  Can we sue them?
 8                  MTA CHAIR/CEO LIEBER:  What?
 9                  ASSEMBLYWOMAN SIMON:  Can we sue them?
10                  MTA CHAIR/CEO LIEBER:  Oh, yeah.  No, 
11           but, you know -- but these are some big 
12           developers.  I'm talking about the 
13           Barclays Center, that we lean on every day to 
14           make sure they don't let the escalator or the 
15           elevator go out of service.  So that's 
16           number one.
17                  Number two, I am going to pass on your 
18           message about any disrespect in the 
19           assessment process.  But as for 
20           Access-A-Ride, we have by far the highest 
21           customer satisfaction rates that we've ever 
22           had, north of 80 percent.  And we are -- I'm 
23           sorry if you're -- or somebody is 
24           communicating to you dissatisfaction.  I'm 
                                                                   272
 1           sure that, you know, stuff that goes wrong, 
 2           especially with -- you know, we hear a lot 
 3           about drivers not speaking English well 
 4           enough --
 5                  CHAIRWOMAN KRUEGER:  I'm sorry, 
 6           Mr. CEO, you have to stop.
 7                  MTA CHAIR/CEO LIEBER:  But 98 percent.
 8                  What?
 9                  CHAIRWOMAN KRUEGER:  I have to cut you 
10           off so we can keep going, I apologize.  I'm 
11           the bad guy.  Okay, thank you.
12                  We are next going to 
13           Assemblymember Valdez.
14                  ASSEMBLYWOMAN VALDEZ:  Hello.  Thank 
15           you so much for being here.  
16                  Thank you, Chair.
17                  I actually have a similar question to 
18           you to the one that preceded mine.  In my 
19           district we have one accessible subway 
20           station, it's Court Street.
21                  MTA CHAIR/CEO LIEBER:  Court Street?
22                  ASSEMBLYWOMAN VALDEZ:  Mm-hmm.  So 
23           obviously the connection between the G and 
24           the 7, super important to our constituents.  
                                                                   273
 1                  And the escalators and elevators are 
 2           frequently out of service.  My understanding 
 3           is that is another public-private 
 4           partnership.  So my question is if you think 
 5           that private maintenance is part of the 
 6           problem, their service there, and if the MTA 
 7           anticipates using more public-private 
 8           partnerships to expand accessibility in the 
 9           city.
10                  MTA CHAIR/CEO LIEBER:  Well, the 
11           reason we're getting more private maintenance 
12           is because private companies -- the way to 
13           make sure that they build the elevator right 
14           in the first place is to make them 
15           responsible with serious financial penalties 
16           if it doesn't operate reliably.
17                  And that has worked very, very well.  
18           We're getting very high levels of operation.  
19           So that, in answer to your question about 
20           private versus public, we're not -- we're not 
21           scaling back E&E, the elevator and escalator 
22           division, we are in fact growing it.  Right, 
23           D?  But that -- it makes sense to have the 
24           guys who build an elevator be responsible for 
                                                                   274
 1           making sure it operates.  And that's what 
 2           we're doing.
 3                  But Court Street has been a challenge.  
 4           It's a privately developed elevator.  I don't 
 5           know about the escalators.  
 6                  Demetrius, do you want to add?
 7                  NYCT PRESIDENT CRICHLOW:  So I think 
 8           the other thing is the performance of what 
 9           we're maintaining, in addition to what our 
10           contractors that we are overseeing, as the 
11           chairman said, is at 98 percent, which has 
12           been fantastic.  
13                  Privately owned escalators, elevators, 
14           is a very different story.  But we have 
15           worked with them directly to improve upon 
16           their performance.  You know, somewhere back 
17           around a year ago they were performing 
18           somewhere in the mid-70s and have since 
19           improved to the mid-80s.  So they have 
20           definitely made progress in how they're 
21           maintaining their equipment, but there's 
22           still work to be done.
23                  ASSEMBLYWOMAN VALDEZ:  Sure.  Thank 
24           you very much for that.
                                                                   275
 1                  Just in the interests of time, I'm 
 2           grateful that my colleague also asked about 
 3           the IBX.  It's a project that we're very 
 4           excited about in Queens.  I'm wondering what 
 5           kind of funding the MTA would need to prevent 
 6           fare increases in the future.  I'm very 
 7           committed to expanding our public transit 
 8           system, but we also want to make sure that's 
 9           affordable and want to continue fighting for 
10           the money that we need on the inside here to 
11           support all your work.
12                  MTA CHAIR/CEO LIEBER:  Say it again, 
13           I'm sorry.  Expanding fare what?
14                  ASSEMBLYWOMAN VALDEZ:  To prevent fare 
15           increases.  How much money, yeah.  What do 
16           you need?
17                  MTA CHAIR/CEO LIEBER:  Okay.  So we 
18           have embarked on a pattern that -- Dick 
19           Ravitch created a commission about 15 years 
20           ago, and we followed that pattern, which is 
21           small increases every two years.  We'd like 
22           to stay on that pattern.  It avoids the 
23           situation that historically has happened with 
24           MTA where all of a sudden you had to do a 10 
                                                                   276
 1           or 20 percent fare increase and that blew 
 2           everybody up and was very harmful.  
 3                  So that's what we're trying to stay 
 4           on.
 5                  CHAIRWOMAN KRUEGER:  Thank you.  
 6                  Next is Assemblywoman Hooks.
 7                  ASSEMBLYWOMAN HOOKS:  Thank you, 
 8           Chair.  Thank you all for being here today.
 9                  I did hear you talk about the 
10           Queens bus redesign a couple of times.  I'm 
11           not a big fan of it in my district in one 
12           specific area.  So East Elmhurst, which is 
13           next to LaGuardia Airport, it seems all the 
14           redesign, the bus redesign, was just to get 
15           people to the airport faster and forgot about 
16           the community right in front of it.
17                  Several bus stops were taken away.  So 
18           it's a NORC, a naturally reoccurring older 
19           community there.  Not only that, we are a 
20           two-fare zone.  We're a transportation 
21           desert, right?  So when we were able to have 
22           one bus to at least get us to Queens 
23           Boulevard, or at least get us to the other 
24           section of Queens Boulevard, now it's become 
                                                                   277
 1           a two-bus zone.
 2                  It was complained about in the 
 3           meetings, it was talked about a lot.  And I 
 4           feel like it just wasn't -- they weren't -- 
 5           the community concerns about it wasn't taken 
 6           into consideration.
 7                  That's one.  We could talk more about 
 8           it later.
 9                  But the other one also is the youth.  
10           To the youth now, if their MetroCard -- I 
11           mean if their card was stolen, the school 
12           card was stolen or if they lost it or 
13           whatever, there's been real problems with 
14           them to get on the bus still to come home, 
15           even though they expressed that.
16                  Several times, I know just from my 
17           personal experience, so when the card was 
18           stolen or lost and you sent the money for 
19           Cash App or Apple Pay to pay, it wouldn't 
20           register on -- when she tried to register it, 
21           immediately, like instantaneously, it would 
22           say "Declined."  But then it would take the 
23           money out around 2 o'clock in the morning.  
24           But she didn't get on the bus because it 
                                                                   278
 1           didn't register it.
 2                  So I think that needs to be looked 
 3           into, because it's not up to the speed --
 4                  MTA CHAIR/CEO LIEBER:  Give us the 
 5           specifics.  I mean, there are once in a while 
 6           problems with the OMNY machines.
 7                  ASSEMBLYWOMAN HOOKS:  It's a lot.
 8                  MTA CHAIR/CEO LIEBER:  But if somebody 
 9           specific -- we'll look into it and try to 
10           make sure it gets fixed.
11                  ASSEMBLYWOMAN HOOKS:  Okay.  After 
12           this I'll send you a list of specifics and 
13           when it happened.
14                  The other thing is because 
15           East Elmhurst is a desert, is there a way 
16           that the MetroCard bus -- because we also 
17           don't have the link there, we don't have the 
18           check-cashing place, so it's not a place 
19           where you can go and buy a MetroCard.  So you 
20           have to get to the train in order to purchase 
21           a MetroCard.  Is there a way that the 
22           MetroCard bus -- not just my area, I know 
23           it's not just for my area, it's for other 
24           areas where there's desert areas, that the 
                                                                   279
 1           MetroCard bus can just come -- be slated to 
 2           come like once a month or once every other 
 3           month so that people can get their MetroCard?
 4                  MTA CHAIR/CEO LIEBER:  Yes.  And we do 
 5           that all over.
 6                  You want to talk about that?
 7                  NYCT PRESIDENT CRICHLOW:  So we 
 8           absolutely do send the MetroCard van out to 
 9           all locations that -- as needed, so we can 
10           certainly look at the schedule for you.
11                  ASSEMBLYWOMAN HOOKS:  Thank you.
12                  CHAIRWOMAN KRUEGER:  Thank you.
13                  Next is Assemblywoman Giglio.  No?  
14           Okay, we'll skip her.
15                  How about Assemblymember Jacobson?
16                  ASSEMBLYMAN JACOBSON:  Thank you, 
17           Madam Chair.  
18                  Good afternoon, sir.  
19                  As you know, I represent both sides of 
20           the Hudson, I go from Beacon to Newburgh up 
21           the Hudson over to the City of Poughkeepsie.  
22           So I'm happy that you're going to do 
23           something maybe about the flooding on the 
24           tracks going south.  At the same time, you 
                                                                   280
 1           should also fix the flooding at the 
 2           Beacon Train Station.  It floods the parking 
 3           on the river side too often.
 4                  But today I'd like to focus on the 
 5           Orange County side, where you just said that 
 6           service stinks.  How many people take the 
 7           trains from the west side of the Hudson on an 
 8           average day, daily average?  
 9                  MTA CHAIR/CEO LIEBER:  I don't have 
10           the number.  But it's a small number.  And 
11           it's -- as a result, it's highly subsidized.  
12           And we're subsidizing the individual 
13           ridership on West of Hudson.  It's $79 per 
14           rider on the Port Jervis line; it's only 
15           18 bucks on the Pascack Valley line.
16                  But ridership is low.  New Jersey 
17           Transit runs that service.  And I'll say it 
18           again, it stinks.  And we are --
19                  ASSEMBLYMAN JACOBSON:  Well, would you 
20           say, what, about 500 a day, something like 
21           that?  
22                  MTA CHAIR/CEO LIEBER:  I don't have 
23           the numbers offhand.
24                  ASSEMBLYMAN JACOBSON:  And how much 
                                                                   281
 1           does Orange County pay into the MTA, with all 
 2           the taxes?  
 3                  MTA CHAIR/CEO LIEBER:  I suspect you 
 4           have the numbers at hand, so --
 5                  ASSEMBLYMAN JACOBSON:  You don't?
 6                  MTA CHAIR/CEO LIEBER:  I don't have 
 7           them.  Why don't you tell me?
 8                  ASSEMBLYMAN JACOBSON:  Well, I think I 
 9           can -- I can give you some numbers, because I 
10           did a little research.  Orange County 
11           employers pay $25 million of the Payroll 
12           Mobility Tax.  Orange County residents pay 
13           8.57 million from the mortgage tax.  There's 
14           620,000 from the Metro-North commuter 
15           railroad station maintenance use and 
16           operation fees.  There's 146,000 from 
17           statewide mass transportation operating 
18           assistance.  And, from the sales tax, at 
19           least $1.46 million.  
20                  So that's -- that's a lot of money.  
21           And I don't believe we're getting the service 
22           that we deserve.  And I don't think that the 
23           train service has been expanded or updated.  
24           You know, if the Moodna Creek Viaduct is 
                                                                   282
 1           scheduled for repairs or routine maintenance, 
 2           well, that should happen.  And of course 
 3           there's no direct train.  We go to Hoboken.  
 4           But those on the western side of the county 
 5           have to take this loop to finally start going 
 6           south.  So Orange County can do better.
 7                  Thank you.
 8                  CHAIRWOMAN KRUEGER:  Thank you.  
 9                  Assemblywoman Giglio is back with us.  
10                  ASSEMBLYWOMAN GIGLIO:  Okay.  So 
11           hello, and thank you for being here.  
12                  With congestion pricing in effect and 
13           increasing the number of people on the 
14           trains, why is the MTA Police budget being 
15           cut when this is a time when we need more 
16           police for the safety of the public and our 
17           employees?
18                  The MTA Police has doubled in size in 
19           the last few years.  Next month they'll be 
20           the primary law enforcement agency on the 
21           Throgs Neck and Whitestone bridges, replacing 
22           the TBTA officers.  There's more work but, 
23           right now, lack of support from the MTA.
24                  So what are we going to do to fix 
                                                                   283
 1           this?  And with train patrols being pulled 
 2           off to fill in in these other spaces where 
 3           you need them.
 4                  MTA CHAIR/CEO LIEBER:  So I sense the 
 5           MTA Police Department has been visiting with 
 6           some of you.
 7                  We've gone into this before, where 
 8           they have grown in size.  We're not cutting 
 9           their budget, we're -- we have reduced the 
10           amount of overtime we have scheduled.  That's 
11           because we are generally trying to manage our 
12           workforce with less overtime and more 
13           effectively.
14                  But you're right that we are getting 
15           more done with the number of officers we 
16           have.  We are policing, as you say, the 
17           Whitestone and the Throgs Neck.  That's good.  
18           We're leveraging the force to account for the 
19           fact that we have a reduced number of TBTA 
20           officers because they've been given 
21           accelerated pensions in a law passed last 
22           year.
23                  So I think we're doing better, and 
24           we've got a lot more cops on the trains.  
                                                                   284
 1           That's what our riders want to see.  And we 
 2           think that the MTAPD is doing a good job and 
 3           they're being well-managed right now.  So I'm 
 4           thrilled with the progress we've made.
 5                  ASSEMBLYWOMAN GIGLIO:  Okay.  And 
 6           inaccurate pension estimates, speaking of 
 7           pensions and retirees.
 8                  MTA CHAIR/CEO LIEBER:  No idea.  We'll 
 9           get back to you if you want a specific 
10           pensioner's --
11                  ASSEMBLYWOMAN GIGLIO:  Yeah, just 
12           because they've been overpaid and now they're 
13           being asked to pay that money back.  And 
14           these are retirees.  So it's catching up, 
15           it's like 36 to 48 months behind as far as 
16           getting caught up in what people are supposed 
17           to receive in their pensions, and then the 
18           expectations of them to pay back when they've 
19           been overpaid.
20                  MTA CHAIR/CEO LIEBER:  Well, there was 
21           some pension miscalculations by the pension 
22           authorities that not only -- it's not a core 
23           MTA function.  And everybody is being -- who 
24           underpaid, most people were overpaid, so they 
                                                                   285
 1           got money back.  Most of them are happy.  
 2                  ASSEMBLYWOMAN GIGLIO:  Yeah, but now 
 3           they have to pay them back.
 4                  MTA CHAIR/CEO LIEBER:  But some 
 5           people -- no.  No, some people who got too 
 6           much are being asked to pay it back, but 
 7           they're being given the benefit of no 
 8           interest and a long time to pay it back.  So 
 9           it's a good deal.  They got an interest-free 
10           loan and at least in the financial world I 
11           come from, that's not such a terrible thing.
12                  But so far we've had mostly people who 
13           are really happy with the way the MTA has 
14           responded to the pension miscalculations that 
15           have been identified.
16                  ASSEMBLYWOMAN GIGLIO:  Okay.  We'll 
17           follow up.  Thank you.
18                  CHAIRMAN PRETLOW:  Assemblymember 
19           Slater.
20                  ASSEMBLYMAN SLATER:  Thank you very 
21           much.  And good afternoon, Chairman.  
22                  I wanted to visit, if we could, the 
23           emergency vehicle exemption plan for 
24           congestion pricing.  There were reports last 
                                                                   286
 1           month of New York City elected officials who 
 2           utilized vehicles that fall under this plan 
 3           and are not paying congestion pricing when 
 4           they're traveling below 60th Street.  Can you 
 5           confirm that to be the case?
 6                  MTA CHAIR/CEO LIEBER:  So the way the 
 7           emergency vehicle exemption works is, you 
 8           know, ambulances, fire trucks, police cars.  
 9           Some of these elected officials you're 
10           referring to are, to the extent they have 
11           anybody driving them, are being driven by a 
12           New York City police officer, so that car is 
13           exempt.
14                  ASSEMBLYMAN SLATER:  Is it limited 
15           just to the Mayor, the Comptroller and the 
16           Public Advocate?
17                  MTA CHAIR/CEO LIEBER:  Elected 
18           officials?  I will have to get back to you on 
19           that, honestly.  I don't --
20                  ASSEMBLYMAN SLATER:  Is that something 
21           that you would fall under?
22                  MTA CHAIR/CEO LIEBER:  I don't think 
23           there are congest -- I don't think there are 
24           councilmembers who are being driven around in 
                                                                   287
 1           police cars.  But I'll check to be sure.
 2                  ASSEMBLYMAN SLATER:  Is that something 
 3           that you fall under, sir?
 4                  MTA CHAIR/CEO LIEBER:  No, I don't.  
 5           My -- to the extent that the MTA Police 
 6           drives me around, they are not exempt.
 7                  ASSEMBLYMAN SLATER:  Okay.  And then 
 8           how does it work?  Do you use the E-ZPass 
 9           tag?
10                  MTA CHAIR/CEO LIEBER:  No, the 
11           vehicle -- the vehicle -- the way that the 
12           exemption works is there are vehicles with 
13           certain license plates that are exempted 
14           because they're used in police or emergency 
15           work.
16                  And the ones that are ever used for me 
17           are not exempt.
18                  ASSEMBLYMAN SLATER:  Understood.
19                  Thank you very much.  I appreciate it.
20                  I cede back my time.
21                  CHAIRMAN PRETLOW:  Assemblyman Durso.
22                  ASSEMBLYMAN DURSO:  Thank everybody 
23           for being here.
24                  So I just wanted to go back to what 
                                                                   288
 1           you were saying before about the MTA Police 
 2           overtime budget cut, which is roughly 
 3           20 million.  And now obviously having -- 
 4           right, that's what you had said earlier, 
 5           roughly about $20 million?
 6                  MTA CHAIR/CEO LIEBER:  It's 10.  Ten.
 7                  ASSEMBLYMAN DURSO:  Ten.  So it's 
 8           being cut by 10.  For the overtime, correct?
 9                  But now you also have NYPD basically 
10           filling in, especially in the subways, 
11           keeping trains safe.  Correct?
12                  MTA CHAIR/CEO LIEBER:  No, I mean, the 
13           principal role of the MTAPD, just to be 
14           clear, they're responsible for safety on the 
15           commuter railroad.
16                  ASSEMBLYMAN DURSO:  Understood.
17                  MTA CHAIR/CEO LIEBER:  Okay?  There's 
18           a narrow exception that we worked out with 
19           the NYPD where we're taking on -- the MTAPD 
20           takes on responsibility for the subways in 
21           the terminals the MTA operates for commuter 
22           railroads -- Atlantic, Penn, Jamaica, 
23           Grand Central.
24                  ASSEMBLYMAN DURSO:  But now you have 
                                                                   289
 1           the NYPD going to those areas also, right?  
 2           Currently?
 3                  MTA CHAIR/CEO LIEBER:  No.  I mean, 
 4           that's not the reason that there's been any 
 5           reduction.  Overtime is like, you know --
 6                  ASSEMBLYMAN DURSO:  I'm not saying 
 7           that's the reason why that's -- there's a 
 8           reduction.
 9                  MTA CHAIR/CEO LIEBER:  No, the -- 
10           overtime is being well-managed.  I think -- I 
11           thought that everybody wanted the MTA to 
12           manage overtime effectively.  I keep hearing 
13           that from all kinds of authorities --
14                  ASSEMBLYMAN DURSO:  Well, my concern, 
15           and --
16                  MTA CHAIR/CEO LIEBER:  -- especially 
17           the Legislature.
18                  ASSEMBLYMAN DURSO:  The reason why I'm 
19           asking this is because, again, my concern and 
20           the reason why I'm asking this to you is not 
21           only the safety of the riders, but also the 
22           workers.  I've spoken to many conductors that 
23           have the issue with being attacked on-train, 
24           having people on the trains act against them, 
                                                                   290
 1           and we don't have the police that are on the 
 2           trains.
 3                  So my question is, how in the future 
 4           are we going to not only keep the riders 
 5           safe, but also the workers?
 6                  MTA CHAIR/CEO LIEBER:  Respectfully, I 
 7           think this is an area where we've made a ton 
 8           of really positive progress.  We have now -- 
 9           we've changed the fare evasion model where 
10           there are no longer these IOUs being given 
11           out.  Either you produce an ID and you get a 
12           ticket, or else there's a cop who's called at 
13           the next station or, more often, a cop on the 
14           train.  Because there are a lot more cops on 
15           trains than there used to be.  That's been a 
16           push of mine.
17                  I'm thrilled that we've made progress 
18           protecting those conductors.  My relationship 
19           with the conductors union, SMART, they say to 
20           me that they are happy with the progress 
21           that's been made on that front.
22                  Happy to talk to you about the 
23           specific issues that you know of.
24                  ASSEMBLYMAN DURSO:  Okay.  So if we're 
                                                                   291
 1           cutting the overtime, because you said you're 
 2           saving money and being more fiscally 
 3           responsible, are we going to be hiring that 
 4           many more MTA police to --
 5                  MTA CHAIR/CEO LIEBER:  We have.
 6                  ASSEMBLYMAN DURSO:  How many more have 
 7           you hired over the past --
 8                  MTA CHAIR/CEO LIEBER:  There are 
 9           250 more MTA cops this year than there were 
10           last year.  And that's about a 20 percent 
11           increase over last year.  That's a goodly 
12           increase.
13                  ASSEMBLYMAN DURSO:  Okay.  And do you 
14           know the numbers that they're supposed to be 
15           at?
16                  MTA CHAIR/CEO LIEBER:  I'm going to 
17           ask Jai to respond.  Jai's on top of it.
18                  MTA CO-CFO PATEL:  Yeah, the budget is 
19           1358, and that's what we're hired up to.  
20           Previously we were at around 1100.
21                  ASSEMBLYMAN DURSO:  So you're 
22           currently at the number that essentially 
23           you're supposed to be contractually?
24                  MTA CO-CFO PATEL:  Yes.
                                                                   292
 1                  ASSEMBLYMAN DURSO:  Okay, thank you 
 2           very much.
 3                  MTA CHAIR/CEO LIEBER:  Again, happy to 
 4           talk about specific issues.
 5                  ASSEMBLYMAN DURSO:  Absolutely.
 6                  CHAIRMAN PRETLOW:  Assemblywoman 
 7           Shimsky.
 8                  ASSEMBLYWOMAN SHIMSKY:  Thank you very 
 9           much, Mr. Chairman.  
10                  And thank you very much, Mr. Chairman.  
11                  So why don't we change the subject a 
12           little bit to the Hudson Line and 
13           Metro-North.  It's -- I think everybody's 
14           somewhat relieved that we have $800 million 
15           in the capital plan dedicated to saving the 
16           Hudson Line.
17                  What is the plan for that money and 
18           for the process over the next five years?
19                  MTA CHAIR/CEO LIEBER:  Okay.  So the 
20           Hudson Line, because of where it sits, is 
21           widely exposed to sea-level rise and also -- 
22           because, you know, the Hudson's going to get 
23           higher as sea rises -- but also because of 
24           the embankments.  The slopes are so steep, 
                                                                   293
 1           these torrential rainfalls we're getting 
 2           again and again are causing landslides.  
 3           Twice that's knocked out the Hudson Line.
 4                  The plan is to lift the tracks over 
 5           time.  It's going to take a long process, but 
 6           to lift also the equipment out of harm's way 
 7           so the signals and all of the electrical 
 8           equipment aren't exposed, and to stabilize 
 9           those slopes, those embankments that are at 
10           risk.  All of that work.  
11                  It will not all be completed -- our -- 
12           the current proposed capital program, the 
13           $68 billion capital program, calls for it to 
14           be done up to Croton-Harmon, with additional 
15           work in capital programs to follow.
16                  But really important.  This is a 
17           must-do.  It's one of the reasons if we don't 
18           invest in this capital program, we're in bad 
19           shape.
20                  ASSEMBLYWOMAN SHIMSKY:  Right.
21                  There are some questions about 
22           ownership of sections of the embankment.
23                  MTA CHAIR/CEO LIEBER:  Yes.
24                  ASSEMBLYWOMAN SHIMSKY:  Do you have 
                                                                   294
 1           the access you need to privately owned 
 2           embankments to at least learn whether or not 
 3           they pose an imminent risk?
 4                  MTA CHAIR/CEO LIEBER:  It's not an 
 5           issue that I'm aware of.  Does anybody on our 
 6           team -- we've had a couple of cases where 
 7           that was an issue, but I don't know all the 
 8           specifics on it.
 9                  ASSEMBLYWOMAN SHIMSKY:  Okay.  One 
10           of -- I am a huge supporter of capital 
11           investment, including yours.  One thing I 
12           hear when I talk about it with people is the 
13           MTA is so in efficient spending money.  Now, 
14           last term I had a Zoom with a number of your 
15           high-ranking capital people who talked about 
16           all of the changes in process that the MTA's 
17           made to help bring down the cost of capital 
18           projects.
19                  Are you aware of any metrics, any 
20           comparisons that show how effective those new 
21           measures have been in making our capital 
22           investments more cost-effective?
23                  MTA CHAIR/CEO LIEBER:  A dramatic 
24           reduction in signaling project costs, for 
                                                                   295
 1           example.  That's evident on the G Train 
 2           project, which is now a new project.
 3                  And the other is 22 percent lower 
 4           costs on elevators and escalators than in 
 5           prior capital programs.  But we can give you 
 6           more specifics.
 7                  ASSEMBLYWOMAN SHIMSKY:  Okay, thank 
 8           you.
 9                  CHAIRMAN PRETLOW:  Thank -- thank you.
10                  ASSEMBLYWOMAN SHIMSKY:  And what 
11           Jo Anne said on disabilities.
12                  CHAIRMAN PRETLOW:  I hate to keep 
13           interrupting people in the middle of the 
14           answer, but remember, the yellow light's 
15           30 seconds.  So if you ask a question and the 
16           yellow light is on, you're not going to get a 
17           full answer.
18                  So anyway.  Assemblymember Simon.
19                  (Laughter; overtalk.)
20                  CHAIRMAN PRETLOW:  Oh, they put you on 
21           the list again.
22                  Assemblymember Blumencranz.
23                  ASSEMBLYMAN BLUMENCRANZ:  Thank you.
24                  Chair Lieber, I can't help but think 
                                                                   296
 1           back to the time just a few weeks ago I was 
 2           with some neighbors who saw you on television 
 3           celebrating the initiation of the congestion 
 4           pricing for my community in Oyster Bay.  It 
 5           was frustrating and difficult with many of my 
 6           neighbors and constituents who are now 
 7           starting to realize this $6,000 a year 
 8           potential burden on them just for going to 
 9           work.
10                  My constituents are sick and tired of 
11           feeling like the ATM to the MTA as far as a 
12           lack of delivery for them in our communities, 
13           of waste, of mismanagement, and with results 
14           that aren't seen in the communities like 
15           ours.
16                  There's currently no independent 
17           forensic audit of the MTA or legislative 
18           oversight for that audit, something that 
19           we've called for many times, myself and my 
20           colleagues.  I have some questions on some of 
21           the spending that we have been privy to 
22           seeing on a greater level, and I was curious 
23           as to some of your opinions.
24                  So the MTA has spent nearly 
                                                                   297
 1           $700 million on consultants for the 
 2           Second Avenue Subway first phase, when just 
 3           378 million was spent on actually boring, 
 4           tunneling and construction itself from 63rd 
 5           to 96th Street.  
 6                  Is this the case?  Was this --
 7                  MTA CHAIR/CEO LIEBER:  I don't know, 
 8           but you're working on a project -- you're 
 9           talking about a project that finished eight 
10           or nine years ago that I had nothing to do 
11           with setting up and that's inconsistent with 
12           our current practices.
13                  Please be honest with your colleagues 
14           and with your constituents.  Eighty percent 
15           of the people from your district take mass 
16           transit to get into the city.  They're paying 
17           lower monthly fees than they were before 
18           COVID, lower --
19                  ASSEMBLYMAN BLUMENCRANZ:  Just for 
20           time --
21                  MTA CHAIR/CEO LIEBER:  -- lower than 
22           before COVID.  So any --
23                  ASSEMBLYMAN BLUMENCRANZ:  Procurement 
24           still seems to be a systemic issue within 
                                                                   298
 1           your organization.
 2                  MTA CHAIR/CEO LIEBER:  Let's talk 
 3           about the ones we do now, or in the last say 
 4           10 years.
 5                  ASSEMBLYMAN BLUMENCRANZ:  The 
 6           Comptroller just released a report.  Do you 
 7           not find that his report on the issues about  
 8           procurement and the process you have there 
 9           has not met the efficiencies that he felt 
10           like it would have met by now?
11                  MTA CHAIR/CEO LIEBER:  Yeah, I think 
12           you're talking about the Comptroller -- it 
13           was a wacky study.  I love the Comptroller, 
14           but to study $33 million of the overall MTA 
15           capital program and not -- didn't find that 
16           we didn't save any money, but found that 
17           we -- that somehow that the savings that we 
18           accomplished were not attributable to 
19           transformation that was set in motion in 
20           2019.  Not relevant.  
21                  Let's talk about the actual cost 
22           savings that yielded that 3 percent reduction 
23           in real terms.  If you want to talk about 
24           who's saving money, find me other state 
                                                                   299
 1           agencies that are saving -- that are 
 2           3 percent less budgetarily and that are 
 3           providing a ton more service.  
 4                  Especially to Oyster Bay.  Especially 
 5           to your Oyster Bay constituents, where we 
 6           changed the schedule in order to make sure 
 7           that they had better services, and cheaper.  
 8           I'm happy with it.
 9                  ASSEMBLYMAN BLUMENCRANZ:  You called 
10           the organization the most efficient transit 
11           organization in the United States.  Is there 
12           a way you think in the future we'll see 
13           greater efficiencies compared to the global 
14           transit --
15                  MTA CHAIR/CEO LIEBER:  Let's set a 
16           meeting and we'll go over everything.  We'll 
17           go over everything.
18                  CHAIRMAN PRETLOW:  And end it here.
19                  Assemblyman Palmesano.
20                  ASSEMBLYMAN PALMESANO:  Yes.  Thank 
21           you, Mr. Chairman.  
22                  I am in support of the MTA.  I 
23           understand, number one, it's the lifeblood of 
24           the downstate transportation network.  
                                                                   300
 1                  But I do -- I think it's important to 
 2           mention what Chairman Magnarelli said, or my 
 3           colleagues up here, or the Governor.  The DOT 
 4           capital plan and MTA capital plan -- the MTA, 
 5           $66 billion, the DOT capital plan is 
 6           33 billion -- there was a time 10 years ago 
 7           that was never the case.  It was parity.  
 8                  And so many of us are just calling for 
 9           parity.  We're not seeing DOT and the MTA 
10           budget have parity with the system, because 
11           the system has -- the DOT system billions in 
12           unmet needs.  Particularly the CHIPS 
13           programs, which we talked -- that's the 
14           lifeblood, just like the MTA is the lifeblood 
15           of downstate transportation, CHIPS is the 
16           lifeblood of our upstate transportation 
17           network.  And sometimes that's the only money 
18           local communities have to spend.
19                  But that being said, as you know, I 
20           represent Alstom in Hornell, New York, and I 
21           do appreciate the fact that you've been there 
22           to visit and tour to see the gem we have.  As 
23           you know, Mr. Chairman, Alstom employs 
24           hundreds of constituents in my district.  As 
                                                                   301
 1           you know, they've done great work for the MTA 
 2           and other systems and will continue to do so 
 3           if they're given the opportunity.
 4                  I can emphasize it -- I know 
 5           Senator O'Mara brought this up.  I can't 
 6           emphasize enough how important it is to me 
 7           and our local workforce that the MTA 
 8           prioritizes working with them on the rolling 
 9           stock projects so they can continue to bring 
10           good-paying jobs not just to my community, 
11           but all New York.
12                  So what -- just to get it on the 
13           record again -- what is the MTA doing to 
14           really ensure that you work with New York 
15           manufacturers like Alstom so we can get these 
16           projects moving now and in the future?
17                  MTA CHAIR/CEO LIEBER:  Well, I mean, I 
18           think the biggest thing we're doing is 
19           putting in our capital program 2,000 
20           railcars.  You know, that's an opportunity. 
21                  Everybody's got to compete; it's not a 
22           secret.  But we -- we're in the business of 
23           buying railcars, but obviously it's 
24           competitive and we've got to make sure that 
                                                                   302
 1           the public's getting value.  So we're going 
 2           to do our part to make a good deal.
 3                  ASSEMBLYMAN PALMESANO:  And prioritize 
 4           our New York manufacturers.  Is that a 
 5           priority?
 6                  MTA CHAIR/CEO LIEBER:  Yeah, I said it 
 7           before.  I would be thrilled if every railcar 
 8           we bought were from, you know, facilities in 
 9           New York -- Kawasaki has, you know, a 
10           facility in New York, Alstom obviously, 
11           Siemens, CAF -- 
12                  ASSEMBLYMAN PALMESANO:  Right.
13                  MTA CHAIR/CEO LIEBER:  And so on.  So 
14           we love that.  But we have -- we do our 
15           procurements competitively and we have to be 
16           price-conscious.
17                  ASSEMBLYMAN PALMESANO:  Okay.
18                  Maybe just one more question, since I 
19           have a little time, which is very rare for 
20           me.
21                  (Laughter.)
22                  ASSEMBLYMAN PALMESANO:  On the 
23           congestion pricing, since it's been 
24           implemented, are you tracking the 
                                                                   303
 1           implementation and are you seeing an increase 
 2           or decrease in the level of ridership on the 
 3           subways and buses as a result of the new 
 4           tolling program?
 5                  MTA CHAIR/CEO LIEBER:  I'm going to 
 6           run out of time.  We've got plenty of room, 
 7           right?  We're only at 80 percent, roughly, on 
 8           buses -- I mean on subways, 90 percent on 
 9           buses.  And we also -- room on the railroads.
10                  So we have been ticking up in 
11           ridership.  It's hard to know whether that's 
12           attributable to congestion pricing.  Only 
13           130,000 people drive to the CBD a day.  We 
14           carry 6 to 7 million every day.
15                  ASSEMBLYMAN PALMESANO:  Thank you, 
16           Mr. Chairman.
17                  CHAIRMAN PRETLOW:  Assemblyman Otis.
18                  ASSEMBLYMAN OTIS:  Thank you.
19                  Thank you, Mr. Chairman.
20                  In your testimony you spoke in 
21           responses to other questions about the 
22           importance of the capital plan, but I'd love 
23           you to talk a little more about the nexus 
24           between on-time service, continuity of 
                                                                   304
 1           service, modernization of the facilities, and 
 2           maintaining and growing ridership on both 
 3           subway and commuter lines.
 4                  MTA CHAIR/CEO LIEBER:  I think it's 
 5           sort of self-evident.  It's the virtuous 
 6           circle, right?  When people can count on good 
 7           service, regular service, they are more 
 8           likely to use that option and not to go to 
 9           other options.
10                  We've seen -- we have improved -- you 
11           know, under Demetrius's leadership, subway 
12           service is the best it's been in over a 
13           decade.  Long Island, Metro-North, best years 
14           ever in terms of on-time performance.  
15           ridership is growing.  All a virtuous circle, 
16           all what you want to see in our system.
17                  ASSEMBLYMAN OTIS:  So in the capital 
18           plan most of it is very tied to sort of 
19           essential moving parts.
20                  MTA CHAIR/CEO LIEBER:  Yes.
21                  ASSEMBLYMAN OTIS:  And so I think 
22           that's sort of the case that you've made 
23           previously.
24                  MTA CHAIR/CEO LIEBER:  Yeah, I mean, 
                                                                   305
 1           that's the key, is that the only way we 
 2           preserve -- Metro-North and Long Island Rail 
 3           Road are providing unbelievable service, but 
 4           their physical infrastructure is at risk.  
 5           And we cannot -- we can't continue to ignore 
 6           it.  We got platforms up and down the 
 7           Harlem line that are literally collapsing.  
 8           We have the resiliency issue on the 
 9           Hudson line, which is dramatic.  
10                  You know, we have to buy more cars 
11           because the cars that Dick Ravitch bought are 
12           now more than 40 years old and they're 
13           starting to break down more frequently.  
14           That -- making these investments that you're 
15           referring to in the basic stuff is what 
16           delivers service.  And we need to do it on 
17           behalf of the customers.
18                  ASSEMBLYMAN OTIS:  Thank you.
19                  I'll yield back my time, Chairs. 
20                  CHAIRMAN PRETLOW:  Assemblywoman 
21           Bailey.
22                  ASSEMBLYWOMAN BAILEY:  Good afternoon.  
23           Thank you, Chairman.  
24                  I just have a quick question, and I 
                                                                   306
 1           know it's been brought up a few times 
 2           about -- it has to do with our disabled folks 
 3           and with the congestion pricing specifically.
 4                  So one question I have, as I've looked 
 5           through it, how much does it cost to operate 
 6           an IDEP Assessment Center?
 7                  MTA CHAIR/CEO LIEBER:  Have to get 
 8           back to you.  I just don't know the answer.
 9                  ASSEMBLYWOMAN BAILEY:  And at that 
10           assessment, if I have a disability or one of 
11           my constituents has a disability, what is 
12           done during that assessment process that 
13           would be different than what the medical 
14           documentation that they submitted with their 
15           New York State parking permits identification 
16           would include?
17                  MTA CHAIR/CEO LIEBER:  I don't know 
18           the answer.  We have made eligibility under 
19           the New York City parking process, which does 
20           allocate automatic -- I mean, allocate 
21           eligibility to certain disabilities after an 
22           assessment, we've made that automatic.
23                  But I don't know the difference with 
24           the New York State process that you're 
                                                                   307
 1           describing.
 2                  ASSEMBLYWOMAN BAILEY:  And I 
 3           apologize, I meant the New York City -- 
 4           because it's a requirement that the 
 5           individual bring to their assessments their 
 6           permit from New York City, that they have 
 7           received that.
 8                  MTA CHAIR/CEO LIEBER:  Yeah, it's not 
 9           duplicative, it's an automatic eligibility.  
10           If you've already passed the assessment for 
11           New York City, you do automatically get 
12           eligible for the individual exemption on 
13           congestion pricing as well.  So there's not a 
14           duplicative assessment.
15                  ASSEMBLYWOMAN BAILEY:  Okay, then I 
16           might be misunderstanding this, and maybe I 
17           can get clarity later.
18                  MTA CHAIR/CEO LIEBER:  Sure.
19                  ASSEMBLYWOMAN BAILEY:  Then why would 
20           we have to jump through hoops to set up that 
21           platform for the assessment to come to one of 
22           the three locations if we already have that 
23           New York City permit?
24                  MTA CHAIR/CEO LIEBER:  I don't know 
                                                                   308
 1           the answer.  Do you know, Shanifah?
 2                  MTA CCO REIARA:  Yeah.  So those who 
 3           were already eligible and were permitted are 
 4           automatically enrolled.  Those folks do not 
 5           have to be reassessed.  
 6                  Is that the question that you're 
 7           asking?
 8                  ASSEMBLYWOMAN BAILEY:  Yup.  
 9                  So on the website it actually 
10           indicates that I have to bring that to my 
11           assessment.  Maybe I'm missing something 
12           along in there that says that I'm 
13           automatically eligible for it.  But it says 
14           that that's one of the requirements in order 
15           to go to the assessment, that I need to 
16           provide at the assessment.
17                  MTA CHAIR/CEO LIEBER:  I know you have 
18           to provide the paperwork, the evidence of 
19           your enrollment in the New York City parking 
20           program.  I don't know about the assessment 
21           center process.  
22                  Let's clear this up together.
23                  ASSEMBLYWOMAN BAILEY:  That would be 
24           great.  Because if we're -- I would just like 
                                                                   309
 1           to eliminate additional hoops that we're 
 2           making people jump through if the process is 
 3           already in place elsewhere, because then we 
 4           might be able to reduce some costs.
 5                  MTA CHAIR/CEO LIEBER:  Yes.
 6                  ASSEMBLYWOMAN BAILEY:  Thank you.  
 7                  CHAIRMAN PRETLOW:  Thank you.  
 8                  Assemblywoman Gallagher.
 9                  ASSEMBLYWOMAN GALLAGHER:  Hi.  Thank 
10           you so much.  I am personally really invested 
11           in transit safety.  Not only do I ride the 
12           MTA every single day, but my good friend was 
13           murdered at a bus stop in 2023.  The cops 
14           were five minutes from that bus stop.  They 
15           did not catch the assailant, and they did not 
16           save his life.  
17                  So I have serious concerns about 
18           spending $77 million for six months of 
19           policing on the subway.  Vera Institute for 
20           Justice, Riders Alliance, TransitCenter and 
21           Brooklyn College Center for Policing and 
22           Social Justice all say that this is not going 
23           to be effective.  
24                  And my constituents have sent me 
                                                                   310
 1           (showing) hundreds of pictures of cops on the 
 2           subway doing nothing but looking at their 
 3           phones and zoning out and chatting.  
 4                  So I have serious, serious concerns 
 5           about this.  I have a DropBox of a hundred 
 6           photos like this that I'm going to send to 
 7           you guys, because --
 8                  CHAIRMAN PRETLOW:  We don't use props, 
 9           please.  I admonished --
10                  ASSEMBLYWOMAN GALLAGHER:  Oh, I didn't 
11           know that that was a rule.
12                  CHAIRMAN PRETLOW:  You should have 
13           been here when I --
14                  ASSEMBLYWOMAN GALLAGHER:  Can you 
15           pause my time?  Okay.  
16                  So I'm in touch with supportive 
17           housing experts that have informed me that 
18           $77 million could result in current ESSHI 
19           rates for 3,000 supportive housing units that 
20           would be permanent for people who are 
21           struggling with mental illness.  I've also 
22           heard that since the congestion pricing took 
23           place, a significant impact has been reducing 
24           violent incidents 36 percent.  
                                                                   311
 1                  So is it possible that $77 million 
 2           would be better spent to stave off fare hikes 
 3           and improve service so that even more people 
 4           ride the subway?  
 5                  Additionally -- my final question, 
 6           which you can answer in a moment -- is that 
 7           you've said that the MTA plans to fully 
 8           cooperate with law enforcement.  Does that 
 9           include ICE?  
10                  MTA CHAIR/CEO LIEBER:  Okay.  I'll 
11           deal with them sequentially.  
12                  On the issue of ICE, we -- and I think 
13           all of our -- all state and city authorities 
14           cooperate with federal law enforcement on 
15           criminal matters.  We don't historically have 
16           anything to do with civil matters.  And on 
17           that question, we will be guided by state 
18           policy.  So we're -- we are obviously going 
19           to take direction from the state.  
20                  There are EOs specifically dealing 
21           with this issue, so I'm sure the state is 
22           going to give us direction that is consistent 
23           with those EOs, and I know you're interested 
24           in that.
                                                                   312
 1                  On the issue of cops on trains, I 
 2           respectfully disagree with you.  First of 
 3           all, I'm not sure that we can allocate -- 
 4           much as I love the success of congestion 
 5           pricing, and it is an across-the-board 
 6           success so far, I don't take credit for the 
 7           reduction of crime on subways in the month of 
 8           January on that -- is it 36 percent? -- you 
 9           were right, reduction in crime, but I don't 
10           know that it's congestion pricing.  
11                  And I'll have to answer your other 
12           question later.  
13                  CHAIRMAN PRETLOW:  Thank you very 
14           much.  As you can see, I like to run things 
15           on schedule, and I think MTA operates on a 
16           schedule.  
17                  Now, to that point, you made -- you 
18           mentioned earlier that traffic flows a lot 
19           smoother in Manhattan since congestion 
20           pricing came into existence.  Have the bus 
21           schedules been adjusted to reflect that?
22                  MTA CHAIR/CEO LIEBER:  That usually 
23           takes a little time.  We'll let Demetrius -- 
24                  CHAIRMAN PRETLOW:  So if they're 
                                                                   313
 1           running on schedule, then they're still 
 2           running at the old speed and not the new 
 3           speed -- 
 4                  MTA CHAIR/CEO LIEBER:  Yeah, even 
 5           worse than that --
 6                  CHAIRMAN PRETLOW:  -- so they're 
 7           slowing down traffic.
 8                  MTA CHAIR/CEO LIEBER:  -- they're 
 9           running ahead of schedule, and then they -- 
10           sometimes they have to stop in order to 
11           preserve their compliance with the schedule.
12                  CHAIRMAN PRETLOW:  That's my point, 
13           yeah.
14                  MTA CHAIR/CEO LIEBER:  But we are -- 
15           but we are adjusting the schedules, just so 
16           we're clear.  
17                  We can't -- you know, it takes a 
18           little while to adjust schedules.  It's a 
19           little technical.  And we have to then do a 
20           new pick for our union bus drivers so that if 
21           we're running more service or more frequent 
22           service, that we're assigning the right 
23           number of people.  That takes a few months.  
24                  We're in the middle of it, right?
                                                                   314
 1                  NYCT PRESIDENT CRICHLOW:  So yeah, 
 2           this is a very new learned instance, right?  
 3           The fact that we have more time the buses are 
 4           operating faster than what they had initially 
 5           been intended to operate -- so it does take a 
 6           little bit of time to create a schedule.  
 7                  But the team is currently working on a 
 8           schedule.  We've selected I think it's two or 
 9           three bus routes specifically that we're 
10           going to pilot.  And we'll be revamping the 
11           schedule to be able to have the buses run as 
12           they're actually timed at this point.
13                  MTA CHAIR/CEO LIEBER:  But --
14                  CHAIRMAN PRETLOW:  Okay.  
15                  MTA CHAIR/CEO LIEBER:  -- Mr. McCarthy 
16           reminds me the express buses are getting the 
17           whole benefit of the time savings already.  
18           So they're showing up in Manhattan much 
19           faster, and that is --
20                  CHAIRMAN PRETLOW:  Well, that's fine 
21           to show up somewhere when there's no stops in 
22           between.  But if someone is depending on a 
23           schedule and want to catch, you know, the 
24           8:32 bus and it comes at 8:31 and leaves, and 
                                                                   315
 1           I get there at 8:32 and I see the fumes 
 2           coming from the back of the bus, I'm going to 
 3           be a little bit upset when I was there on 
 4           time.  
 5                  But you are working on that.  And the 
 6           buses are now working -- or operating at the 
 7           old schedule, so they're actually going 
 8           slower than they should -- 
 9                  MTA CHAIR/CEO LIEBER:  That -- hence 
10           the rescheduling process we put underway.
11                  CHAIRMAN PRETLOW:  -- based on 
12           traffic.
13                  MTA CHAIR/CEO LIEBER:  Yes.
14                  CHAIRMAN PRETLOW:  Okay.  And this is 
15           just a -- you had mentioned the police on 
16           trains.  And we had this conversation -- I 
17           just want to put it on the record now -- 
18           about why we're not pushing for police on 
19           buses.  Because my understanding is that 
20           people that walk on the bus are just as 
21           flagrant as the ones who sneak on trains.
22                  MTA CHAIR/CEO LIEBER:  Absolutely.  
23           And it's a conversation I've begun with the 
24           police commissioner, that we do need -- we 
                                                                   316
 1           need more help.
 2                  Now, we've had -- one of the reasons 
 3           that fare evasion has gone down on buses is 
 4           that we have had some police who will 
 5           cooperate with us in operations to push back 
 6           on fare evasion.  I won't go into the 
 7           details, but that is part of the success.  
 8                  We would like more cops assigned to 
 9           that.  It's part of the 1994 agreement 
10           that -- about the Transit Police being folded 
11           into the NYPD, that they would police fare 
12           evasion on buses.  We do need that help.
13                  CHAIRMAN PRETLOW:  Okay.  And a side 
14           question.  How do the MTA fares in New York 
15           City compare to other places in the country, 
16           slash, or the world, like the BART or the 
17           system in Washington?  How do our fares 
18           compare?  
19                  MTA CHAIR/CEO LIEBER:  Generally lower 
20           in particular because most of those systems 
21           are distance-based fares.  So you have a -- 
22           you're charged a different amount if you go a 
23           longer distance.  
24                  One of the New York system's, you 
                                                                   317
 1           know, things that we're proud of is that you 
 2           can go from the Rockaways to the Bronx on a 
 3           single fare.  So we are generally less 
 4           expensive, especially if you're measuring it 
 5           on a per-mile or any distance-based metric.
 6                  CHAIRMAN PRETLOW:  You could actually 
 7           ride the trains all day and never get off.
 8                  MTA CHAIR/CEO LIEBER:  And some do.
 9                  CHAIRMAN PRETLOW:  Did he never 
10           return?  No, he never returned.  That's an 
11           old story.  
12                  (Laughter.)
13                  CHAIRMAN PRETLOW:  You also made 
14           mention of the need for funds.  And there has 
15           the availability of a minimum of a billion  
16           dollars to a billion and a half dollars 
17           available to the MTA based on the Governor's 
18           budget of last year, which had to do with 
19           the -- I'll call it the confiscation, but 
20           whatever of the revenues derived with the 
21           licensure of downstate casinos.  
22                  Again, in this budget I did not find 
23           any mention of that.  And since that money is 
24           supposed to be allocated to the MTA, you 
                                                                   318
 1           should be kicking and screaming and asking 
 2           that this be pushed along.
 3                  There is the -- so even if it happened 
 4           in this fiscal year -- well, it's not going 
 5           to happen in this fiscal year because it's 
 6           not in the budget.  So do you have any 
 7           comments on why, or you think it's not 
 8           happening now?  Or is there a reason that 
 9           you're not asking for it to happen?  
10                  MTA CHAIR/CEO LIEBER:  I have no 
11           insight into the casino selection process, 
12           but you are right that our operating 
13           budget -- not the capital budget, which is 
14           what's on the table this year -- but the 
15           operating budget does have a dependence in 
16           the outyears on the share of casino revenues 
17           that were assigned to the MTA back in 2023, 
18           and that we are counting on those revenues 
19           showing up in the time frame -- 2026.
20                  CHAIRMAN PRETLOW:  But you didn't need 
21           it this year.  You don't want it this year.
22                  MTA CHAIR/CEO LIEBER:  No, no, it's in 
23           the financial plan, but it is scheduled for 
24           2026.  You're right, sir.
                                                                   319
 1                  CHAIRMAN PRETLOW:  All righty.  And 
 2           just as you mentioned to my Senate 
 3           colleague's comment about the capital money 
 4           that you do spend is local, you know, the 
 5           subway trains are finalized in Yonkers, 
 6           New York, which is -- and that's a large part 
 7           of your budget.  And I know for a fact 
 8           everyone that works there lives in the Bronx 
 9           and Westchester County.
10                  So that's all the questions that I 
11           have.  Did I miss any Assembly people?  I 
12           don't think so.
13                  CHAIRWOMAN KRUEGER:  Senator Comrie 
14           for a three-minute follow-up.
15                  CHAIRMAN PRETLOW:  Senator Comrie for 
16           his three-minute follow-up.
17                  SENATOR COMRIE:  (Inaudible.)  
18                  CHAIRWOMAN KRUEGER:  No.
19                  MTA CHAIR/CEO LIEBER:  Nope?
20                  (Laughter.)
21                  MTA CHAIR/CEO LIEBER:  You run a tight 
22           ship there.
23                  SENATOR COMRIE:  But my Transportation 
24           chair is not here.  I can't get five?
                                                                   320
 1                  CHAIRWOMAN KRUEGER:  No, you don't get 
 2           his either.
 3                  (Laughter.)
 4                  CHAIRWOMAN KRUEGER:  Sorry.
 5                  SENATOR COMRIE:  Stop the clock here.
 6                  (Laughter.)
 7                  CHAIRWOMAN KRUEGER:  Go back to three.
 8                  Yeah, the complaining doesn't count on 
 9           the clock.
10                  (Laughter.)
11                  SENATOR COMRIE:  All right.  Well --
12                  CHAIRMAN PRETLOW:  Only for him.
13                  SENATOR COMRIE:  Three quick 
14           questions, then.  
15                  Would you submit to a forensic audit, 
16           since that's an issue?  
17                  MTA CHAIR/CEO LIEBER:  Listen, this 
18           phrase "forensic audit" is thrown around.  
19           There was one that the Legislature commanded 
20           us to perform, I think in 2019.  We did it, 
21           and we've executed on virtually all of the 
22           recommendations, so.
23                  SENATOR COMRIE:  Yeah, but there were 
24           holes in that audit that people weren't 
                                                                   321
 1           satisfied.  So we're asking for -- 
 2                  MTA CHAIR/CEO LIEBER:  I'm sure there 
 3           are always dissatisfied folks.  But this idea 
 4           that the MTA is not transparent is 
 5           ridiculous.  Just look at the open data 
 6           that's available on -- through the state 
 7           government and through the MTA.  
 8                  So let's talk about what we -- you 
 9           know, when folks look at the open data -- 
10                  SENATOR COMRIE:  We just want to 
11           satisfy people that you are doing what you 
12           say you're doing.  I know at the Elmont 
13           Station and other projects you have been 
14           on-time.  I just want to make sure that the 
15           public can understand it.  I think that -- I 
16           think an audit would make people happy.  It 
17           would make the naggers happy, let's just put 
18           it that way.
19                  Just two other questions, real quick.  
20                  Can you give us a thought about your 
21           opinion on doing a frequent user discount for 
22           express bus riders.  And, in the same vein, 
23           the weekly CityTicket that was eliminated, 
24           can we get that back?  A lot of people want 
                                                                   322
 1           that, you know, sort of discount for the 
 2           subway and bus transfers.  We want to try to 
 3           increase ridership, especially at this time.
 4                  MTA CHAIR/CEO LIEBER:  Yeah, listen.  
 5           Listen, we have controlled fare increases 
 6           over time and I think we've been responsible 
 7           with that 2 percent a year increase that 
 8           doesn't even keep up with inflation.  
 9                  But if there are specific additional 
10           discounts that folks want to talk about, we 
11           will definitely ask our board, which controls 
12           fare policy, to take a look at them.
13                  SENATOR COMRIE:  I appreciate that.  
14                  And also just a final -- you know, the 
15           Queens bus redesign.  I didn't bring it up.  
16           As you know, I'm not happy with some of the 
17           elements, especially with there's not a 
18           connection from the Rockaways to JFK and not 
19           a connection to Long Island Jewish.  
20                  I hope we can resolve those things 
21           over the next few months.  I think it's 
22           important to the Rockaway folks to be able to 
23           get access to JFK.
24                  So I just want to take these few 
                                                                   323
 1           minutes to thank you for your responses.  
 2           Thank you for also starting to do 
 3           opportunities for people to see the MTA and 
 4           coming out to the boroughs to do hiring halls 
 5           and procurement opportunities.  
 6                  I think we could do that upstate as 
 7           well, to let people know.  Because it is 
 8           important that the capital dollars that are 
 9           being spent within the state are advertised 
10           as much as possible.  It shows economic 
11           activity.  
12                  You know, I'm looking forward to work 
13           with you to try to resolve these issues.  As 
14           long as we can be transparent about how 
15           you're spending your money, people will feel 
16           more comfortable about where that money is 
17           being spent.  I think we need to show that 
18           and we're not showing that enough, where that 
19           money is being spent, around the state.
20                  But thank you for your time here.
21                  MTA CHAIR/CEO LIEBER:  Thank you.
22                  CHAIRMAN PRETLOW:  Thank you.  And I 
23           believe this ends your portion of this 
24           hearing.  I want to thank you all for your 
                                                                   324
 1           participation.  
 2                  And we'll call up the next group -- 
 3                  CHAIRWOMAN KRUEGER:  Thank you very 
 4           much for being with us.
 5                  CHAIRMAN PRETLOW:  -- we'll call 
 6           Panel A.  
 7                  And as everyone's been admonished, if 
 8           you wish to speak to the chairman for 
 9           anything, please take it to the hall.
10                  So we'll call up DMV Commissioner 
11           Mark Schroeder and Thruway Authority 
12           Executive Director Frank Hoare.  
13                  (Lengthy pause; off the record.)  
14                  CHAIRMAN PRETLOW:  I guess we should 
15           get started.  I'm not sure where 
16           Senator Krueger is, but I know she's on the 
17           way.  
18                  Even though I know the bulk of you, 
19           could you just say your name before the 
20           testimony starts so the people in the booth 
21           upstairs know who's -- which name to put up.
22                  DMV COMMISSIONER SCHROEDER:  Sure.  
23           Mark Schroeder, DMV.
24                  THRUWAY AUTHORITY EX. DIR. HOARE:  
                                                                   325
 1           Frank Hoare, Thruway Authority.
 2                  CHAIRMAN PRETLOW:  Okay, who wants to 
 3           go first?
 4                  DMV COMMISSIONER SCHROEDER:  I'm happy 
 5           to.
 6                  CHAIRMAN PRETLOW:  Former Member 
 7           Schroeder, you're on.
 8                  (Laughter.)
 9                  DMV COMMISSIONER SCHROEDER:  Thank 
10           you.  As you know, I'm a proud former member 
11           of the New York State Legislature.  And I 
12           want to thank you for the opportunity to 
13           speak with you today about the great work 
14           happening at DMV.  
15                  Since I became commissioner six years 
16           ago, we changed our vision statement to 
17           "shatter the perceptions of the DMV," and 
18           thanks to our more than 3,000 dedicated civil 
19           servants, we are passionately doing that 
20           every day.  
21                  I'm confident that you and your 
22           legislative colleagues are well aware of the 
23           great things happening at DMV thanks to our 
24           Legislative Constituent Affairs team.  This 
                                                                   326
 1           team not only handles your questions, but 
 2           they also play offense by visiting all 
 3           legislative offices to spread the word of 
 4           what DMV is doing.  
 5                  Regarding modernization.  Providing an 
 6           exceptional experience for our customers is 
 7           the driving force behind the agency's ongoing 
 8           technology modernization plan.  When I sat 
 9           before you last year, I was looking forward 
10           to the beginning of that effort, and now I'm 
11           happy to say we are well underway.  
12                  Regarding the Executive Budget.  
13           Governor Hochul's Executive Budget provides 
14           $495 million to continue the implementation 
15           of this critical improvement project and to 
16           support day-to-day operations at both state- 
17           and county-run offices.  
18                  The return on this investment will be 
19           felt immediately through improved customer 
20           service and DMV not being reliant on 
21           outdated, unstable technology.  DMV generates 
22           over 2 billion, $2 billion per year back to 
23           the state.  So when systems and offices go 
24           down, the impact quickly adds up.  
                                                                   327
 1                  Our modernization plan will replace 
 2           the majority of our more-than-50-year-old 
 3           systems during two phases over the next four 
 4           years.  It is the cornerstone of a broader 
 5           initiative that we began nearly five years 
 6           ago to re-imagine the DMV.  
 7                  Regarding DMV's website.  By embracing 
 8           a new way of thinking and leveraging 
 9           innovative technology, we launched a 
10           redesigned website, added new online 
11           transactions, made it easier to access DMV 
12           records, and introduced online pre-screening 
13           for some of the most complicated 
14           transactions, like getting a REAL ID.  
15                  Let's talk about REAL ID.  As millions 
16           of New Yorkers prepare for the full 
17           implementation of the REAL ID Act in May, we 
18           know that our online customer support tools 
19           are invaluable.  We also know that not 
20           everyone has the luxury of going online, so 
21           DMV hit the road this past year by 
22           participating in community events and 
23           reaching into neighborhoods to better meet 
24           underserved New Yorkers where they are.  
                                                                   328
 1                  Our creative approach to customer 
 2           service also led to record-setting 
 3           improvements in our contact center.  We 
 4           launched a self-service tool that provides 
 5           important license status information, made it 
 6           easier to navigate through our phone tree, 
 7           and we continued to improve live chat and 
 8           email interactions to ensure customers 
 9           receive fast, consistent guidance regardless 
10           of how they interact with our agency.  
11                  Regarding Mobile ID on your cellphone.  
12           Our forward-looking staff also led New York 
13           to become one of the first states in the 
14           nation to launch a Mobile ID, and they 
15           continue to help shape the evolving digital 
16           credential ecosystem.  Secure mobile IDs will 
17           become increasingly important in the future 
18           as businesses, governments and consumers 
19           continue to combat fraud and identity theft.  
20                  Regarding ghost plates and toll 
21           evasion.  Through the leadership of our 
22           Governor, DMV staff have also been active in 
23           the state's fight against ghost plates and 
24           toll evasion.  Last year DMV participated in 
                                                                   329
 1           more than five dozen security details through 
 2           the Ghost Plate Task Force that led to more 
 3           than 700 arrests and 3,400 illegal vehicles 
 4           seized.  
 5                  Our investigators and automotive field 
 6           inspectors also recovered hundreds of stolen 
 7           vehicles and vehicle parts last year, worth 
 8           more than $8 million.  They recovered vehicle 
 9           titles valued at $2 million, and helped 
10           New Yorkers access nearly $1.5 million in 
11           restitution and repairs from dishonest 
12           auto dealers and repair shops.  
13                  Regarding the Governor's Traffic 
14           Safety Committee.  Keeping everyone safe on 
15           the roads is central to the mission of both 
16           DMV and the Governor's Traffic Safety 
17           Committee, which I chair.  Around this time 
18           last year, we proposed a series of regulatory 
19           amendments to make it easier to remove 
20           persistently dangerous drivers from our 
21           roadways.  I am happy to say that we have 
22           adopted those regulations and the first of 
23           them became enforceable in January.  
24                  Regarding drugged driving, which we 
                                                                   330
 1           talked about quite a bit last year.  The 
 2           Governor also continues to aggressively lead 
 3           efforts to address drugged driving by 
 4           proposing important updates to Vehicle and 
 5           Traffic Law to close loopholes and better 
 6           hold motorists accountable for driving while 
 7           impaired by drugs.  I believe we must keep up 
 8           with the bad actors who find new ways to put 
 9           the lives of innocent New Yorkers at risk.  I 
10           am confident this proposal will do just that.  
11                  Additionally, the Governor's Traffic 
12           Safety Committee continues to focus public 
13           awareness and outreach efforts in communities 
14           that are overrepresented by traffic crashes 
15           and fatalities, like in Rochester, where 
16           speeding is the number-one cause of fatal 
17           crashes.  Last year we partnered with the 
18           Rochester Redwings baseball team to help 
19           reach new audiences.  This year, we will 
20           again give special attention to speeding, 
21           impaired driving, distracted driving, and 
22           micromobility.  
23                  As we focus on diversifying our 
24           traffic safety messaging, we also strive to 
                                                                   331
 1           ensure that our workforce is as diverse as 
 2           the more than 15 million customers we serve.  
 3           The attention we give to creating an inviting 
 4           and diverse work environment also extends to 
 5           the contracts we procure.  I am particularly 
 6           proud to say that more than 79 percent of our 
 7           current fiscal year spending is done through 
 8           MWBEs, and more than 33 percent is done 
 9           through service-disabled-veteran-owned 
10           businesses.  
11                  Regarding CDLs.  We know the need for 
12           truck and bus drivers is still very real, so 
13           we continue to offer a federal waiver for 
14           part of the commercial driver license road 
15           test, to make it easier to get prospective 
16           bus drivers licensed and ready to meet the 
17           need of our schools statewide.  
18                  Regarding Donate Life.  There also 
19           remains a critical need for organ, eye, and 
20           tissue donors.  New York has one of the 
21           lowest donor registry enrollment rates in the 
22           country.  However, we reached a critical 
23           milestone last year.  For the first time in 
24           New York's history, more than 50 percent of 
                                                                   332
 1           eligible New Yorkers joined the organ donor 
 2           registry -- 85 percent of them do that 
 3           through a DMV -- and we hope to continue that 
 4           momentum in 2025.  We have a plan.
 5                  Speaking of key partnerships, I'd be 
 6           remiss not to mention our critical 
 7           partnerships with the county clerks who run 
 8           DMV operations in 51 counties statewide.  We 
 9           rely on our close collaboration with the 
10           clerks to provide effective and efficient 
11           services to all New Yorkers.  
12                  I am confident that if you visit a DMV 
13           today, you will be as pleased as so many of 
14           our customers who write to us each day with 
15           compliments like these:  
16                  • "I have never had such outstanding 
17           customer service from anyone as I did today. 
18           Thank you!" 
19                  • "Lost my license; the online renewal 
20           form and temporary license made it easy and 
21           painless."
22                  • "Ever since the end of COVID, the 
23           DMV did a complete 180.  What a difference 
24           from years past.  Everyone should be 
                                                                   333
 1           commended." 
 2                  I could go on, but the point is these 
 3           are real people seeing real results from the 
 4           improvements we are making, and we look 
 5           forward to making things even better for 
 6           years to come.  
 7                  Once again, thank you for this 
 8           opportunity to present to you today.  
 9                  THRUWAY AUTHORITY EX. DIR. HOARE:  
10           Chairs Pretlow and Krueger, Magnarelli and 
11           Cooney, Braunstein and Comrie, thank you for 
12           the invitation to be with you this afternoon.
13                  My name is Frank Hoare.  I am the 
14           executive director of the New York State 
15           Thruway Authority.  
16                  I have submitted detailed testimony, 
17           but let me hit on some of the highlights here 
18           this afternoon with you.  
19                  The Thruway Authority is committed to 
20           its mission to operate a reliable and 
21           affordable superhighway delivering high 
22           levels of safety and service.  The importance 
23           of making safety a priority was tragically 
24           emphasized to us in 2024.  After eight years 
                                                                   334
 1           without a fatality, two of our employees, 
 2           Vincent Giammarva and Stephen Ebling, died, 
 3           and another, Mark Vara, was seriously 
 4           injured, in separate incidents while working 
 5           on the Thruway.  
 6                  It reminds us all that when our 
 7           workers are out on the Thruway, there is 
 8           never a routine day.  
 9                  My goal at the Authority is 
10           prioritizing safety in everything we do, and 
11           you will hear this throughout my testimony 
12           today.  
13                  In 2024, the Thruway processed more 
14           than 403 million transactions and motorists 
15           drove 8.2 billion miles on the Thruway.  To 
16           that end, the Thruway Authority's 2025 budget 
17           represents a total financial commitment of 
18           just under $1.4 billion.  It funds the 
19           resources required to maintain and enhance 
20           the current levels of maintenance, safety and 
21           service our customers expect and deserve.  
22           This balanced spending plan provides 
23           $500 million for operations, which includes 
24           $71 million for Troop T, $477 million for our 
                                                                   335
 1           capital program, and $383 million for our 
 2           debt service.
 3                  This budget includes not a single 
 4           dollar of dedicated federal or state taxpayer 
 5           dollars.  Those that use the Thruway pay for 
 6           the Thruway.  
 7                  Overall, $2.7 billion will be invested 
 8           over the next five years into the Thruway's 
 9           2025–2029 capital plan, which is a 
10           $742 million increase since the approval of 
11           the 2023 plan which went into effect on 
12           January 1, 2024.  The increased investment 
13           will lead to work on more than 60 percent of 
14           the Thruway's more than 2,800 pavement 
15           lane-miles as well as the replacement or 
16           rehabilitation of 20 percent of our 
17           817 bridges.  
18                  This work is a visual reminder of our 
19           continued investment of toll dollars in our 
20           infrastructure, and the result is safety and 
21           jobs for New Yorkers.
22                  This significant investment comes as 
23           the Thruway continues to offer some of the 
24           lowest and most affordable toll rates in the 
                                                                   336
 1           country.  The Thruway's base passenger toll 
 2           rate is less than a nickel per passenger 
 3           mile.  Compare that to 17 cents in 
 4           Pennsylvania or 39 cents in New Jersey. 
 5                  I want to highlight some of our safety 
 6           initiatives.  One example is the Automated 
 7           Work Zone Speed Enforcement pilot program, 
 8           sponsored by Chair Magnarelli and signed by 
 9           Governor Hochul in September of 2021.  
10                  Data from that program indicates that 
11           motorists across the Thruway are changing 
12           their behavior and, on average, slowing down 
13           in work zones.  However, although most 
14           drivers are slowing down and paying 
15           attention, more than 130,000 notices of 
16           liability were issued on the Thruway alone.  
17           Of those, 7,000 violations were repeat 
18           offenders of two or more times.  
19                  An important element of the pilot 
20           program is that revenue from the fines is 
21           invested in worker safety.  Last year alone 
22           we were able to add $300,000 from this 
23           program to our $4 million safety program.  
24                  For these reasons, the Governor's 2026 
                                                                   337
 1           Executive Budget includes a proposal to make 
 2           this program permanent and increase 
 3           penalties, and I ask for your support of this 
 4           vital safety program.
 5                  Another safety initiative we pursued 
 6           in 2024 was a statewide commercial vehicle 
 7           enforcement campaign to reduce bridge strikes 
 8           caused by over-height vehicles.  Since 2020, 
 9           there have been 231 bridge hits reported on 
10           the Thruway, including 56 just last year.
11                  The enforcement initiative was 
12           conducted in partnership with the State 
13           Police, and during the fourth quarter of last 
14           year, 30 enforcement details were held in 
15           various regions of the state, leading to more 
16           than 7300 violations, including 31 for 
17           over-height vehicles.
18                  The authority is also capitalizing on 
19           its existing infrastructure by using its 
20           fiber network which runs along its right of 
21           way.  We plan to build on the public 
22           broadband infrastructure initiatives that 
23           Governor Hochul has undertaken over the last 
24           few years.  The Governor's goal for this 
                                                                   338
 1           partnership is to expand and increase global 
 2           productivity and reliability along the 
 3           Thruway system and beyond.
 4                  As we continue to modernize our 
 5           Thruway, our service area reconstruction 
 6           project is nearing completion.  As I sit here 
 7           today, 24 out of the 27 service areas have 
 8           been rebuilt or refurbished, and the final 
 9           three will be completed by this early fall. 
10                  As part of the service area project we 
11           have committed to increasing the availability 
12           of electric vehicle charging.  As of today, 
13           the Thruway has nearly 100 electric vehicle 
14           charging points at our service areas, welcome 
15           centers and commuter lots, and we're 
16           committed to growing demand in the future.
17                  In addition to passenger EV charging 
18           stations, the Authority has taken steps for 
19           anticipated demand for medium- and heavy-duty 
20           electric vehicle charging, which includes 
21           working with our state partners, the trucking 
22           industry and utilities, and participating in 
23           a cross-agency working group led by the 
24           Governor's office.  
                                                                   339
 1                  This is a challenging issue, but I 
 2           pledge we will continue to work with our 
 3           partners and stakeholders to provide this 
 4           vital service to our commercial customers.
 5                  Enforcement continues to remain a 
 6           priority.  Tolls represent 90 percent of our 
 7           revenue, and without collecting tolls we will 
 8           not be able to operate, maintain and enhance 
 9           our system.  It's critical to balance the 
10           toll collection with enforcement, and we use 
11           a variety of tools to ensure that everyone 
12           pays their fair share.  Most importantly, 
13           enforcement protects the 96 percent of people 
14           who do pay.  
15                  The authority continues to make it 
16           easy for our customers to pay their toll 
17           bills.  The Tolls by Mail Enhancement Act is 
18           another important law in our efforts to 
19           improve customer service.  Approximately 
20           85 percent of our customers have an 
21           E-ZPass account.  
22                  And for those who don't, they receive 
23           a bill at the address of the vehicles owner 
24           that is on file with DMV.  This law requires 
                                                                   340
 1           every vehicle owner to keep their address 
 2           up-to-date with the DMV.  
 3                  When a bill is received, the owner can 
 4           pay by mail, online, over the phone, on the 
 5           mobile app, or pay in cash at over a thousand 
 6           locations around the state.  
 7                  If customers do not pay, they face 
 8           violation fees.  If they don't pay after 
 9           receiving three notices over a 120-day 
10           period, we then turn to collections for the 
11           money owed.  For the most egregious cases, we 
12           work with the DMV for registration 
13           suspension.  
14                  In August of 2022, the Thruway resumed 
15           its registration suspension program.  Since 
16           that time we have suspended over 15,000 
17           registrations, with more than $15 million 
18           collected in debt.  
19                  We are committed to collecting every 
20           dollar owed to us.  We will work with all of 
21           our customers who want to pay.  But to be 
22           clear, large outstanding toll bills do not 
23           materialize overnight.  We must have 
24           effective enforcement in place for those who 
                                                                   341
 1           do not pay.  
 2                  To conclude, I want to emphasize my 
 3           commitment to Governor Hochul's charge to me 
 4           to continue to ensure that the Thruway 
 5           remains the safest, most convenient and 
 6           affordable highway in the country.  Our 
 7           accomplishments are made possible by the 
 8           dedication and professionalism of the Thruway 
 9           board of directors, our union leadership, and 
10           the 1800 employees of the Thruway Authority.  
11           They work hard every day to serve and protect 
12           all those who use the Thruway.  
13                  Thank you for your time.  I'm happy to 
14           answer any questions you may have. 
15                  CHAIRMAN PRETLOW:  Thank you.  
16                  Assemblyman Magnarelli, for 
17           10 minutes.
18                  ASSEMBLYMAN MAGNARELLI:  So we're 
19           going to be succinct, I hope.
20                  Commissioner, Director, thank you very 
21           much for being here.  I've known you both 
22           for (pause) -- too long, probably -- 
23                  (Laughter.)
24                  ASSEMBLYMAN MAGNARELLI:  -- but it's 
                                                                   342
 1           always a pleasure to have you here.
 2                  I'm going to start with the Department 
 3           of Motor Vehicles, okay?  I've been given a 
 4           Yellow Book, which both of you know what I'm 
 5           talking about, okay.  The Executive proposes 
 6           an All Funds appropriation of $495 million, a 
 7           decrease of 170.1 million, or 25.6 percent 
 8           from fiscal year '24-'25.  This decrease 
 9           primarily reflects the discontinuance of the 
10           multiyear DMV transformation project related 
11           to IT improvements, consisting of 
12           178.5 million appropriation last year, 
13           '24-'25, and a 106 million appropriation in 
14           '22-'23.
15                  I'm confused.  And I stood up in front 
16           of my conference, I think it was yesterday, 
17           and told them that the IT project was 
18           complete and that we have funded it.  Now I 
19           listened to you, and I'm hearing something 
20           different.  
21                  So I want to know, what's the 
22           difference here?  Is it complete?  And what 
23           new services will be online and what other 
24           improvements will there be, you know, and how 
                                                                   343
 1           do I benchmark this to see if there are 
 2           improvements in the long run?  
 3                  But the first thing I want to know is, 
 4           is it done or is it being completed with the 
 5           monies we've already put in, or are you going 
 6           to be looking for more money next year?  
 7                  DMV COMMISSIONER SCHROEDER:  No, we're 
 8           not going to be looking for more money.  
 9                  So let me just say this.  I am a 
10           disciple also of the Yellow Book.  I 
11           understand it, and I used to read it all the 
12           time --
13                  ASSEMBLYMAN MAGNARELLI:  For seven 
14           years.
15                  DMV COMMISSIONER SCHROEDER:  -- right?  
16           But I want to be clear --
17                  ASSEMBLYMAN MAGNARELLI:  And he used 
18           to write in it.
19                  DMV COMMISSIONER SCHROEDER:  In 
20           deference to the Yellow Book, I want to be 
21           clear.  This project is not discontinued or 
22           canceled.  Last year we executed the contract 
23           with the vendor and we kicked off this 
24           project.  And why did we kick it off?  
                                                                   344
 1           Because we are determined to eliminate 
 2           outages and glitches.  We have legacy lines 
 3           that go back to Governor Rockefeller in the 
 4           1960s.  
 5                  So what you are seeing, Mr. Chair, in 
 6           the budget is just a return to previous years 
 7           with our capital budget.  Last year it was 
 8           included in our initial investment for this 
 9           project that will take us through 2029.  So 
10           to be specific -- 
11                  ASSEMBLYMAN MAGNARELLI:  And will it 
12           complete your -- it's never complete in this 
13           day and age.
14                  DMV COMMISSIONER SCHROEDER:  No, no, 
15           it -- so --
16                  ASSEMBLYMAN MAGNARELLI:  Is it going 
17           to complete what you set out to do, is what I 
18           want to know. 
19                  DMV COMMISSIONER SCHROEDER:  Yes, it 
20           will.  And so this -- in the easiest way to 
21           explain it, over the next four years it's 
22           essential that the -- 
23                  ASSEMBLYMAN MAGNARELLI:  All right.  
24           But the money is there.
                                                                   345
 1                  DMV COMMISSIONER SCHROEDER:  The 
 2           money's there.  The Governor and the 
 3           Legislature supported us.  So thank you for 
 4           that.
 5                  The first rollout will be one year 
 6           from now.  It will be February of 2026.  And 
 7           it will be everything having to do on the 
 8           driver's side.  And then we'll take a little 
 9           break, we'll sit on the bridge and make sure 
10           everything's working well.  Then in March of 
11           2028 we will roll out everything that has to 
12           do on the registration side.
13                  So we are well in advance of this 
14           project, and things are going well and we 
15           have the funding thanks to our partners, the 
16           Governor and you.
17                  ASSEMBLYMAN MAGNARELLI:  That's what I 
18           wanted to know.  Thank you, sir.
19                  Mr. Director, okay, I've got a couple 
20           of questions that I wanted to ask you two 
21           weeks ago, but you weren't here.  This has to 
22           do with charging stations and chargers.  And 
23           you did mention it a little bit; I didn't 
24           quite get it.  
                                                                   346
 1                  But here's the question.  How many 
 2           passenger vehicle chargers and how many -- 
 3           and this is the more important one -- 
 4           commercial chargers are currently installed 
 5           along the Thruway?  
 6                  THRUWAY AUTHORITY EX. DIR. HOARE:  
 7           Currently there are none, Mr. Chairman.
 8                  ASSEMBLYMAN MAGNARELLI:  None, no 
 9           commercial.
10                  THRUWAY AUTHORITY EX. DIR. HOARE:  
11           That's correct. 
12                  ASSEMBLYMAN MAGNARELLI:  Okay, there 
13           are none.  What are the Thruway Authority's 
14           plans to provide commercial charging along 
15           the Thruway?  
16                  THRUWAY AUTHORITY EX. DIR. HOARE:  
17           Well, for the past two years we've been 
18           working with an interagency group that 
19           includes other state agencies or 
20           stakeholders, the Trucking Association and 
21           the utilities, to plan out and strategize how 
22           we're going to approach this.  And we've 
23           been -- 
24                  ASSEMBLYMAN MAGNARELLI:  Okay.  And I 
                                                                   347
 1           accept that, okay?  Because I'm hearing that 
 2           from a lot of different sectors, not just the 
 3           Thruway Authority.  Okay?  But the bottom 
 4           line is there is no plan today.  There's no 
 5           plan.  I'm not saying you're not looking to 
 6           do one or trying to put one in effect, but 
 7           there is no plan.  You don't know how it's 
 8           going to be done, you don't know what 
 9           agencies are going to help you, you don't 
10           know what utilities are going to supply the 
11           electric, you have no idea at this point 
12           in -- wrong, I overstepped.  You have an 
13           idea, but there's no plan.
14                  THRUWAY AUTHORITY EX. DIR. HOARE:  
15           Well, when I say plan and strategize, what 
16           we've been doing, we've identified 10 sites 
17           on the Thruway system, 10 service areas that 
18           we would put medium- and heavy-duty chargers 
19           in.  And that's what we've been doing and 
20           planning and working with the utilities.  
21                  The utilities have told us, like I'm 
22           sure they've told you, that any one of these 
23           sites will need the energy and power of a 
24           small city.  So that is our challenge.  So 
                                                                   348
 1           from the Thruway part of this, we are just 
 2           one part of a complicated, multifaceted issue 
 3           that we've been working on to address.  
 4                  So when I say plan and strategize, 
 5           that's what I mean -- identifying sites, 
 6           talking to utility companies of how they can 
 7           get the power in there to sustain that.
 8                  ASSEMBLYMAN MAGNARELLI:  But -- and 
 9           this is just a policy or theoretical type of 
10           question.  I mean, we're asking our 
11           communities to go out and buy electric 
12           vehicles, whether they be passenger or the 
13           DEC is kind of -- I know they pulled back a 
14           little bit, but DEC is actually forcing 
15           people to buy trucks which do not exist, 
16           okay?  
17                  Not only is this not a plan, this 
18           borderlines on ridiculous.  Okay?  And I'm 
19           not talking just to you, Mr. Director, I'm 
20           talking to the State of New York.  We need a 
21           plan.  We need to know where we're going, and 
22           we have to be honest.  Right now there's no 
23           honesty out there.  And I said it three years 
24           ago in conference:  The only thing we're 
                                                                   349
 1           creating in our communities is anxiety and 
 2           fear.  Because they don't know what's 
 3           happening, what they're going to be mandated 
 4           to do.  This is wrong.  
 5                  And I just want to make that 
 6           statement.  And I have no more for you, 
 7           Frank.  Okay?  Thank you very much for being 
 8           here --
 9                  THRUWAY AUTHORITY EX. DIR. HOARE:  
10           You're welcome, Mr. Chairman.
11                  ASSEMBLYMAN MAGNARELLI:  -- and 
12           listening to me.  I'm done.
13                  CHAIRMAN PRETLOW:  Senate?  
14                  CHAIRWOMAN KRUEGER:  Thank you.  
15                  Our chair, Senator Leroy Comrie.
16                  SENATOR COMRIE:  Good afternoon, 
17           gentlemen.  Thank you for being here today.  
18                  Commissioner Schroeder, I want to 
19           thank you for your innovations and what 
20           you've done to improve DMV.  I just have a 
21           couple of technical questions.  
22                  Over the past few years you've made 
23           significant increases in appropriations.  Do 
24           you not have the sufficient resources to 
                                                                   350
 1           complete that transformation, or will you be 
 2           pursuing more resources to -- appropriation 
 3           increases in future years, and what would 
 4           that look like?  
 5                  DMV COMMISSIONER SCHROEDER:  Yeah, 
 6           thank you, Senator.  And the short answer is 
 7           yes.  Based on what we're trying to do and 
 8           with the support of the Legislature and the 
 9           Governor's initiative last year to underwrite 
10           the tech redesign, everything is going along 
11           well.  We are now in the execution stage.  
12                  And as I mentioned, we have two major 
13           rollouts coming, one next year at this time 
14           and one in March of 2028.  
15                  So thank you for asking.  
16                  SENATOR COMRIE:  And how is the 
17           REAL ID information -- the REAL ID 
18           requirements and the opportunities for people 
19           to transfer over, how is that working?  Can 
20           you transfer over for free if you got a 
21           license last year and you need a REAL ID this 
22           year, or you've got to pay the fee for a 
23           REAL ID?
24                  DMV COMMISSIONER SCHROEDER:  So 
                                                                   351
 1           regarding REAL ID -- and thank you for 
 2           mentioning that, because it's important that 
 3           all viewers who are watching us today 
 4           understand that if they are not REAL ID- 
 5           compliant by May 7th of 2025, they may not be 
 6           able to go visit grandma in Fort Lauderdale.  
 7           They might be disappointed.  So we are doing 
 8           everything --
 9                  SENATOR COMRIE:  Even if they have a 
10           passport or --
11                  DMV COMMISSIONER SCHROEDER:  Oh, if 
12           they -- a passport is REAL ID-compliant.  
13                  DMV's really not in the passport 
14           business, so we're doing everything we can to 
15           encourage New Yorkers to come in and get a 
16           REAL ID.  And things are working really well, 
17           but we only have about 90 days left to 
18           convince New Yorkers to do that.  
19                  SENATOR COMRIE:  Is there going to be 
20           an increased ad campaign to make that happen?  
21                  DMV COMMISSIONER SCHROEDER:  There 
22           are, yes.  And we -- I've been to all 13 
23           airports, including the two in New York 
24           several times, doing press conferences with 
                                                                   352
 1           elected officials and with others, trying to 
 2           convince New Yorkers that it's time to be 
 3           REAL ID-compliant.  
 4                  And we also have a public campaign on 
 5           the DMV website.  And we're working with 
 6           others.  And we also have a very strong 
 7           relationship with TSA, not only in New York 
 8           but around the country too.  And they too 
 9           also are promoting what we're promoting, 
10           REAL ID.
11                  SENATOR COMRIE:  Okay.  So New Yorkers 
12           can expect to see commercials about coming 
13           out and doing the REAL ID between now and 
14           March -- now and May?  
15                  DMV COMMISSIONER SCHROEDER:  Sorry, 
16           Senator, I didn't hear the beginning.
17                  SENATOR COMRIE:  You're going to have 
18           commercials on the air or on the internet to 
19           urge encourage people to come out and 
20           transfer to REAL ID?  
21                  DMV COMMISSIONER SCHROEDER:  The 
22           answer is yes.  We already do.  In fact, I 
23           heard some REAL ID commercials and some other 
24           Governor's Traffic Safety Committee 
                                                                   353
 1           commercials just recently in Buffalo and 
 2           other places when I travel across the state.  
 3                  So the answer is yes, we have a 
 4           comprehensive program to do everything we can 
 5           to convince New Yorkers to be 
 6           REAL ID-compliant.
 7                  SENATOR COMRIE:  Great.  E-ZPass 
 8           issues, that covers your agency?  Or that 
 9           doesn't cover you, people that are having 
10           problems with E-ZPass?  I didn't get a chance 
11           to ask the MTA, but I've gotten increasing 
12           complaints from consumers about bad E-ZPass 
13           receipts and tolls that were taken out for 
14           people that were supposedly driving to 
15           Rochester but never left Brooklyn.  Since 
16           congestion pricing, there seems to be a 
17           dearth {sic} of mistakes on the E-ZPass 
18           system.  How can we do more to correct that?  
19                  DMV COMMISSIONER SCHROEDER:  So let me 
20           just say this.  We have a government 
21           relations liaison.  All of your offices know 
22           her, she visits all of you.  And she also 
23           fields questions that come in.  
24                  And if we get a question having to do 
                                                                   354
 1           with E-ZPass or with a tolling issue, we do 
 2           not do this (pointing in different 
 3           directions).  We do the best we can to 
 4           explain to the customer how we may be able to 
 5           help them.
 6                  I also want to give credit to the 
 7           Legislature and to the Governor, because on 
 8           every single different tolling authority, 
 9           there is what is called a tollpayer advocate.  
10           So there's 1-800 numbers, there's emails, 
11           there's all sorts of information to get to 
12           our customers to make it easier for them.
13                  SENATOR COMRIE:  It's not enough to 
14           reach customers.  I have a backlog of 
15           customers -- I have even members recently 
16           that have gotten bad E-ZPass bills.  
17                  And so I hope this year the Governor 
18           would consider doing pop-ups in every borough 
19           on weekends for people, like you've done with 
20           the small businesses that can also do 
21           licensing.  You know, if you can make some of 
22           those centers E-ZPass adjudication centers, 
23           as you've done so well with the -- giving 
24           people an opportunity to go to a place to get 
                                                                   355
 1           their license or their registration.  
 2                  I would hope that both of your 
 3           agencies could do some pop-ups, because the 
 4           backlog is tremendous.  And just having one 
 5           person in each agency is not going to deal 
 6           with the backlog that's happening.  So I 
 7           would appeal to both of you to make that 
 8           happen.
 9                  And also to do an amnesty program, you 
10           know, once or twice a year, to allow people 
11           not to -- just to pay the fees and not the 
12           fines, so we could get a better response on 
13           the E-ZPass as well.  Not the truckers, the 
14           passengers.  Let me just make that 
15           distinction.  There's a distinction between 
16           for-hire vehicles and regular passengers.  
17           I'm talking regular passengers, owners of, 
18           you know, family cars and folks like us that 
19           are driving every day.  So I would hope that 
20           we could do that for them.
21                  On -- for the for-hire vehicles, once 
22           a year doing an amnesty would be helpful as 
23           well, both of you.
24                  But thank you, Mr. Schroeder.  Just 
                                                                   356
 1           since I only have four minutes left, 
 2           Commissioner Hoare, I want to thank you for 
 3           meeting with me the other day and telling me 
 4           about your plans.  
 5                  Can you just illuminate for the public 
 6           what you're doing with high-speed internet 
 7           connections for everyone?  
 8                  THRUWAY AUTHORITY EX. DIR. HOARE:  
 9           Yes, Senator, the Governor has proposed our 
10           budget to extend that.  The Thruway has 
11           already had a robust program the last few 
12           years.  We put fiber on our right of way.  We 
13           anticipate this year it being 
14           approximately -- bringing in $10 million to 
15           us.  
16                  But the plan is the Thruway is, in 
17           essence, the spine of the state, so we want 
18           to expand that and send it up through the 
19           Thruway, send it up the spine of New York, 
20           and then other partners then will take it 
21           off, off the system to more localities in the 
22           North Country, the Southern Tier and the 
23           like.
24                  SENATOR COMRIE:  I spoke to DOT 
                                                                   357
 1           earlier and they weren't aware of the 
 2           program, so I guess you haven't started 
 3           telling them yet.  So hope we can have that 
 4           discussion with DOT so that they can take 
 5           advantage of it.
 6                  I appreciate you -- also, you just 
 7           want to tell folk about the toll increases 
 8           and how that is cheaper than the other 
 9           states?  I know you alluded to it in your 
10           conversation -- in your presentation, but do 
11           you want to expand on that a little bit more 
12           to tell people how we are saving money by 
13           using New York roads?
14                  THRUWAY AUTHORITY EX. DIR. HOARE:  We 
15           think, in accordance with the Governor's 
16           efforts to make life here affordable, we are 
17           less than 5 cents a passagenger mile.  Again, 
18           comparing that to -- the New Jersey 
19           Turnpike's about 39 cents.  So less than 
20           5 cents versus 39 cents.  Seventeen cents in 
21           Pennsylvania.  The Governor Cuomo Bridge is 
22           $6.75.  Compare that to the George Washington 
23           Bridge, of $16.  
24                  So we have worked very hard to 
                                                                   358
 1           continue to make it affordable for all our 
 2           customers.
 3                  SENATOR COMRIE:  Thank you.
 4                  I agree with your issues to make sure 
 5           that your service areas -- I mean your roads 
 6           are protected and your workers are protected.  
 7           I congratulate you on being able to highlight 
 8           that, and hope that we can continue to 
 9           highlight that so that we can protect our 
10           workers.
11                  Who is in charge of registering 
12           vehicles, is it -- which agency?  Every year 
13           that trucks have to be reregistered, what 
14           agency is that?  I don't know.
15                  DMV COMMISSIONER SCHROEDER:  The 
16           registration of vehicles?  That would come 
17           under the Department of Motor Vehicles.  
18                  SENATOR COMRIE:  No, the -- I'm sorry, 
19           I'm saying it wrong.  The trucks that have to 
20           come through every year to get -- not 
21           reregistered, reinspected.  The truck 
22           inspections where they check for safety and 
23           whether or not they're being compliant with 
24           the roads.
                                                                   359
 1                  DMV COMMISSIONER SCHROEDER:  Right, 
 2           that would come under the Department of 
 3           Motor Vehicles.  And we have inspection 
 4           stations across New York State who are doing 
 5           inspections each and every day for 
 6           New Yorkers.
 7                  SENATOR COMRIE:  So you inspect 
 8           out-of-state vehicles as well, or is it just 
 9           New York State vehicles?
10                  DMV COMMISSIONER SCHROEDER:  Senator, 
11           I'm inclined to think that we do, but I don't 
12           totally know the answer to that.  So I will 
13           follow back with you on that.
14                  SENATOR COMRIE:  I'm told you inspect 
15           out-of-state vehicles as well.  I hope that 
16           we could stop that, because there's a lot of 
17           vehicles that are illegally registering in 
18           New Jersey but coming to New York to get 
19           their inspections.
20                  I would hope we could stop that so we 
21           could focus on how we can make insurance 
22           better for New Yorkers.  Because that's just 
23           inflating and conflating the insurance issues 
24           for New York residents.
                                                                   360
 1                  Thank you.
 2                  DMV COMMISSIONER SCHROEDER:  Thanks, 
 3           Senator.
 4                  CHAIRWOMAN KRUEGER:  Thank you.  
 5                  Assembly. 
 6                  CHAIRMAN PRETLOW:  Thank you.  
 7                  Assemblymember Miller.
 8                  ASSEMBLYMAN MILLER:  Thank you, 
 9           Commissioner, thank you, Director, for your 
10           testimony.  I just want to start with the 
11           director on the Thruway.
12                  Great job this morning.  I came in 
13           from Utica on the Thruway with the inclement 
14           weather, and I will attest I travel the 
15           Thruway all the time -- every day, 
16           probably -- and it's the safest, 
17           best-maintained road in New York State, I 
18           will say that.  And today it was probably one 
19           of the safest roads in New York State.
20                  THRUWAY AUTHORITY EX. DIR. HOARE:  
21           Thank you, Assemblyman.  I will pass that on 
22           to the great employees of the Thruway 
23           Authority that keep it that way.
24                  ASSEMBLYMAN MILLER:  But I'd just like 
                                                                   361
 1           to talk about some safety initiatives here.  
 2           And you pointed one out with iCone.  And I 
 3           think -- and I want to commend you again for 
 4           embracing technology that's available to us 
 5           with -- with the i -- with the technologies 
 6           there for Waze and, you know, maps and things 
 7           like that, so we can identify where our 
 8           snowplows are.  Can you elaborate a little 
 9           bit on that little project that we're doing?  
10                  THRUWAY AUTHORITY EX. DIR. HOARE:  
11           Yes, Assemblyman.  It's in my longer 
12           testimony.  
13                  But iCone is a company that provides 
14           realtime notice to those with Waze and 
15           Google Maps, and it's an effort to, right on 
16           the roadway -- we put them in as a pilot this 
17           winter, we've put them in a number of our 
18           snowplows, and the point is to send a message 
19           to drivers that up ahead, a mile or so up 
20           ahead, that there are snowplows, so that they 
21           will slow down and pay attention and, as we 
22           say, don't crowd the plow.  
23                  So that's one of the technologies that 
24           we are using and benefiting, again, from that 
                                                                   362
 1           money that is coming from the work zone pilot 
 2           program.
 3                  ASSEMBLYMAN MILLER:  It's a great 
 4           technology.  We've got to get the word out 
 5           there; as technology changes, we're going to 
 6           be able to use our -- everything in our 
 7           vehicles.
 8                  Let's just take a few minutes on the 
 9           charging stations.  You know, as the chairman 
10           said over here, the committee chair said over 
11           here about it, how long out are we 
12           realistically?  I know that's a tough 
13           question to ask.  But realistically, so the 
14           trucking -- so our trucking in New York State 
15           doesn't get totally disrupted with this, you 
16           know, with the CLCPA initiatives here in the 
17           ACT Act and all that, what are we, 10 years 
18           out, 15?  
19                  You know, it's -- we're a long ways 
20           away.  And I think, you know, maybe we should 
21           be looking at some other plans along with 
22           this for supplying some alternative fuels for 
23           these diesel trucks that are out there.  And, 
24           you know, that may help us push -- that will 
                                                                   363
 1           get us to the point we have to be.  
 2                  So anyways, is there any idea how far 
 3           away we're going to be?  
 4                  THRUWAY AUTHORITY EX. DIR. HOARE:  I 
 5           can't give you a date, Assemblyman.  Again, 
 6           because the Thruway's just one piece of this 
 7           very complicated, multilayered issue, so. 
 8                  But we will continue, we'll continue 
 9           to plan and strategize, we'll continue to 
10           dialogue with you all in the Legislature and 
11           with our stakeholders and partners in the 
12           trucking industry as well as the utilities.
13                  ASSEMBLYMAN MILLER:  On to the -- as 
14           I'm driving along the Thruway, I see we're 
15           pulling fiber, and it was here (indicating 
16           document).  We have some fiber manufacturers 
17           here in New York State.  As these corridors 
18           are leased, would it be possible to include 
19           some of the fiber that, if it's leased on 
20           state right of ways, that would have to be -- 
21           the fiber would have to be manufactured here 
22           in New York State?  
23                  THRUWAY AUTHORITY EX. DIR. HOARE:  I 
24           know we're dealing with -- certainly with 
                                                                   364
 1           New York-based telecommunications companies 
 2           that are involved in that.  I will -- as we 
 3           discussed when we met, I will go back and see 
 4           where that is manufactured.  
 5                  But certainly we're always looking to, 
 6           as the Governor said, promote New York, 
 7           New York industries and New York 
 8           manufacturers.  
 9                  ASSEMBLYMAN MILLER:  Thank you.  And 
10           thank you for the safe ride in this morning.
11                  THRUWAY AUTHORITY EX. DIR. HOARE:  
12           Thank you.
13                  ASSEMBLYMAN MILLER:  Commissioner, 
14           I've just got a couple of -- I've got 30 
15           seconds here.  I don't even know if I can get 
16           one off.  
17                  Has there been any thought of, you 
18           know, how we're going to do our inspections 
19           on our EVs out there?  Because that's a whole 
20           different situation.  Are we going to charge 
21           more?  Is there different training?
22                  DMV COMMISSIONER SCHROEDER:  
23           Assemblyman, there is -- there will be -- at 
24           this moment in time, there is no difference.  
                                                                   365
 1           And I don't think there will be unless we, 
 2           you know, talk with you and others to figure 
 3           that out.
 4                  ASSEMBLYMAN MILLER:  Okay, thank you.
 5                  CHAIRMAN PRETLOW:  Senate?
 6                  CHAIRWOMAN KRUEGER:  Thank you.
 7                  Senator Tom O'Mara, ranker. 
 8                  SENATOR O'MARA:  Thank you both for 
 9           being here.  Director Hoare, just to follow 
10           up on a few of the questions with the 
11           Advanced Clean Truck Rule and the need for 
12           medium- and heavy-duty charging stations.  
13                  I take it from reading your written 
14           testimony and what you've said here today 
15           that we currently don't have any medium- or 
16           heavy-duty charging stations along the 
17           Thruway?  
18                  THRUWAY AUTHORITY EX. DIR. HOARE:  
19           That's correct, Senator.
20                  SENATOR O'MARA:  And my assumption -- 
21           and knowing for sure that those types of 
22           chargers are going to have a higher demand 
23           for electricity than the Level 2 and 3 
24           chargers that you have, and I just know from 
                                                                   366
 1           experience throughout the state that any time 
 2           we even have a new economic development 
 3           project, the availability of increased demand 
 4           is very hard to come by.  
 5                  What are your projections on the 
 6           limitations you're going to have in even 
 7           getting the power to run those types of 
 8           chargers?  And, you know, you have no 
 9           timeline here, but the Advanced Clean Truck 
10           Rule is being implemented right now.  So how 
11           are trucks going to be able to utilize the 
12           Thruway?  
13                  THRUWAY AUTHORITY EX. DIR. HOARE:  
14           Again, the plan is to, at least in 10 
15           locations, 10 service areas, strategically 
16           placed, looking at traffic patterns and where 
17           trucks are coming in, is to place them along 
18           the Thruway in 10 sites.  
19                  So we have that -- charging is a 
20           challenge.  Another challenge there is -- 
21           when you come to the Trucking Association, is 
22           space.  Right?  Right now with a passenger 
23           vehicle you pull into, in essence, a parking 
24           space, pull in, you plug it in, you go in for 
                                                                   367
 1           the fast chargers, it's about 20 to 30 
 2           minutes so you go into the service area, get 
 3           a cup of coffee, go to the restroom.  The 
 4           space is more -- you don't need as much 
 5           space.  
 6                  But if you have a 50, 55-foot 
 7           container truck, we're going to -- we're 
 8           looking at that and how much space we have at 
 9           the service -- 
10                  SENATOR O'MARA:  What is the charging 
11           time for those medium and heavy-duty 
12           vehicles?  Do you know what the charging time 
13           is, if they had a charger?  
14                  THRUWAY AUTHORITY EX. DIR. HOARE:  I 
15           don't.  I can get you that information in 
16           terms of how it breaks down.  
17                  I know right now that they -- when 
18           they, you know, fuel up, that takes them 
19           about 20 to 30 minutes and they're good for 
20           1200 miles.  But that's -- again, the 
21           chargers are going to differ --
22                  SENATOR O'MARA:  Can you repeat that 
23           again?  They charge up for 20 or 30 minutes 
24           and then --
                                                                   368
 1                  THRUWAY AUTHORITY EX. DIR. HOARE:  
 2           They fuel up, they can go typically, I am 
 3           told, about 12 --
 4                  SENATOR O'MARA:  No, when they're 
 5           fueling.
 6                  THRUWAY AUTHORITY EX. DIR. HOARE:  On 
 7           fuel, about 1200 miles.
 8                  SENATOR O'MARA:  Do you know what the 
 9           range is for these heavy-duty vehicles if 
10           electric?
11                  THRUWAY AUTHORITY EX. DIR. HOARE:  I 
12           don't offhand.  Again, I'm told it varies on 
13           geography, on whether --
14                  SENATOR O'MARA:  What parameters?  It 
15           varies how much?
16                  THRUWAY AUTHORITY EX. DIR. HOARE:  
17           Well --
18                  SENATOR O'MARA:  -- distance-wise, 
19           that these trucks can go?
20                  THRUWAY AUTHORITY EX. DIR. HOARE:  I 
21           am told it can be as little as 300 miles.
22                  SENATOR O'MARA:  We had the DOT 
23           commissioner earlier talking about the 
24           demands on our roads with the heavier 
                                                                   369
 1           electric vehicles and such.  And she said 
 2           there are specifications for -- the state 
 3           system has that in their capacities, that 
 4           everything is up to snuff on that.  
 5                  Is the Thruway similarly situated on 
 6           that?  And what safety upgrades are going to 
 7           need to be done because of the heavier 
 8           vehicles being on the road?  
 9                  And I've heard, if you could comment 
10           on this, I've heard that the Thruway needs to 
11           replace its guardrails to withstand these 
12           heavier vehicles, and that's going to be 
13           about $350 million.  Is that accurate?  Or 
14           where does that stand?  Or where do we stand 
15           on all the needs and demands on our roads for 
16           heavier vehicles?  
17                  THRUWAY AUTHORITY EX. DIR. HOARE:  
18           That is one of the elements that we're 
19           looking at in terms of what we will need to 
20           do to enhance that safety.  Certainly it's 
21           going to have an impact on the surface of our 
22           roads and bridges.  
23                  But I have not heard that number.  I 
24           don't think that we're at that number that 
                                                                   370
 1           you cited.
 2                  SENATOR O'MARA:  Thank you.
 3                  THRUWAY AUTHORITY EX. DIR. HOARE:  
 4           Thank you.
 5                  CHAIRWOMAN KRUEGER:  Assembly.
 6                  CHAIRMAN PRETLOW:  Assemblyman 
 7           Braunstein.
 8                  ASSEMBLYMAN BRAUNSTEIN:  Thank you.  
 9                  And it's good to see you both.  I'm 
10           going to start with the commissioner.
11                  First, I just want to reiterate 
12           something my colleague Senator Comrie said 
13           about public notice about REAL ID.  We're 
14           90 days away.  You know, sitting here, it was 
15           kind of news to me that we need to get moving 
16           and get everybody to get a REAL ID.  So I 
17           think, you know, more emphasis needs to be 
18           done about public awareness.  So just wanted 
19           to bring that to your attention.  
20                  And of course I think all of us in our 
21           offices, through our email newsletters and 
22           things like that, could help as well.
23                  I really wanted to ask about your 
24           efforts to crack down on ghost plates.  You 
                                                                   371
 1           know, I live in Queens and I frequently see 
 2           people with defaced license plates or 
 3           modified license plates.  And it's 
 4           particularly concerning for us in the city 
 5           where we have a speed camera program.  And 
 6           someone with a ghost plate can just drive 
 7           around through our community, continuously 
 8           speeding, and there's never any 
 9           repercussions.
10                  So it says here that DMV has 
11           participated in five dozen security details.  
12           I have two questions.  How many of those 
13           details have been in New York City?  And what 
14           is the process when someone is found with a 
15           ghost plate?
16                  DMV COMMISSIONER SCHROEDER:  Thank 
17           you, Assemblyman, for the question.
18                  I've participated in some of these in 
19           New York City.  And so the Governor last year 
20           created a task force, along with the mayor of 
21           New York.  And so law enforcement, especially 
22           in metropolitan New York, have worked 
23           together with the MTA and others to try to 
24           prevent these ghost plates from coming into 
                                                                   372
 1           our communities and also on the roadways and 
 2           with obstructed plates.  
 3                  And so as the MTA said earlier today, 
 4           they have the numbers.  I have some of the 
 5           numbers.  But there is a complete set of 
 6           numbers offered by the police task force in 
 7           New York.  I can get you those numbers in 
 8           terms of summonses, in terms of cars that 
 9           have been taken away and fines and things of 
10           that nature, I can get you that information.
11                  ASSEMBLYMAN BRAUNSTEIN:  Yeah.  And 
12           what's the process?  If I scratch off a 
13           letter on my license plate and I just go to 
14           drive and I get pulled over, what is --
15                  DMV COMMISSIONER SCHROEDER:  It's a 
16           violation.  And so it is a violation of 
17           Vehicle and Traffic Law.  
18                  And so the enforcement part would then 
19           come in to exactly what you just described.  
20           And then the officer would do whatever he 
21           would need to do if the plates have been 
22           altered.
23                  If it's peeling plates and it had 
24           nothing to do with -- the customer really did 
                                                                   373
 1           nothing wrong, then that's one thing.  DMV 
 2           will replace those plates.
 3                  But we are talking about people who 
 4           are defacing New York State plates coming 
 5           into our toll areas and marking their plates 
 6           or trying to buy fake New York State plates.
 7                  ASSEMBLYMAN BRAUNSTEIN:  No, no, 
 8           believe me, I understand.  I see them.
 9                  But my question is, so I get a 
10           violation, the first offense.  What is it, I 
11           just pay a penalty?  Like what's to stop me 
12           from just continuing to drive with that 
13           license plate again?  
14                  DMV COMMISSIONER SCHROEDER:  Again, 
15           Assemblyman, it would have to do with the 
16           situation at hand.  Law enforcement would 
17           make that decision.  There have been vehicles 
18           that have been apprehended, and there have 
19           been arrests -- 747 arrests, I think, over 
20           the summer.
21                  ASSEMBLYMAN BRAUNSTEIN:  Arrests for a 
22           defaced plate or --
23                  DMV COMMISSIONER SCHROEDER:  Yes.
24                  ASSEMBLYMAN BRAUNSTEIN:  -- arrests 
                                                                   374
 1           for an outstanding -- something outstanding?  
 2                  COMMISSIONER SULLIVAN:  No, for coming 
 3           across into the toll, being caught by police.  
 4           And then the police make a determination to 
 5           what is going to take place.  
 6                  And so the task force has impounded 
 7           3,000 vehicles, 630 arrests, 29,000 summonses 
 8           have been given out by this task force law 
 9           enforcement group who are working together.  
10                  ASSEMBLYMAN BRAUNSTEIN:  Okay.  And 
11           then you talked about the peeling plates.  I 
12           think that's something that kind of compounds 
13           the problem.  Right?  Because some people, 
14           I've seen their license plates peel and I 
15           think people aren't, you know, necessarily 
16           aggressive about going to get that license 
17           plate replaced.  They might even, you know, 
18           just be happy about it, right?  
19                  And I don't know if in the future 
20           there's an effort to work on the license 
21           plate so they don't peel so easy.
22                  DMV COMMISSIONER SCHROEDER:  Yeah.  
23           That too, Assemblyman, is a violation.  
24           However, we are doing our best to communicate 
                                                                   375
 1           with all New Yorkers, through many different 
 2           mechanisms, including our website, that if 
 3           you have a peeling plate, we're going to make 
 4           the general assumption it's not your fault.  
 5           So come into a DMV office, and we will 
 6           replace that plate for free.
 7                  ASSEMBLYMAN BRAUNSTEIN:  Okay.  Okay.  
 8                  But if I'm pulled over and I have a 
 9           peeled license plate, do I get a summons?  
10                  DMV COMMISSIONER SCHROEDER:  Again, 
11           law enforcement will make that determination.  
12           But we would hope that the law enforcement 
13           would simply say:  Go to a DMV and take care 
14           of this today.  
15                  ASSEMBLYMAN BRAUNSTEIN:  Okay, thank 
16           you.
17                  DMV COMMISSIONER SCHROEDER:  You're 
18           welcome.
19                  ASSEMBLYMAN BRAUNSTEIN:  And then just 
20           a question for the director.  
21                  We met last week and we were 
22           discussing a similar kind of issue with your 
23           efforts to collect tolls.  And you mentioned 
24           in your testimony that the Tolls by Mail 
                                                                   376
 1           Enforcement Act has been helpful.  And in our 
 2           conversation you indicated to me that a lot 
 3           of the issues you see with toll collection is 
 4           with out-of-state trucking.  
 5                  Do you want to just expand on that and 
 6           just talk about some of the approaches you've 
 7           taken to try and collect those tolls, or the 
 8           challenges that you see with collecting those 
 9           tolls?  And if there is anything that we 
10           could be helpful with that.
11                  THRUWAY AUTHORITY EX. DIR. HOARE:  
12           Thank you.  Of that 4 percent that don't pay 
13           the -- most of the money of that 4 percent is 
14           out-of-state trucking -- New Jersey, Ohio, 
15           Illinois.  So obviously we have less ability 
16           to enforce.  
17                  Now, what we're doing on that, to cut 
18           down on that, because we're not neglecting 
19           it, we're doing everything we can.  We have a 
20           variety of tools that we use.  So we have a 
21           reciprocity agreement with Massachusetts 
22           currently.  We've been working on expanding 
23           that and getting agreements with New Jersey, 
24           with Pennsylvania, Delaware and Ohio and 
                                                                   377
 1           Illinois now.  
 2                  The hope would be that we have that, 
 3           the practical impact -- like what we have now 
 4           with Massachusetts is that we have that 
 5           agreement, we can then send that file in 
 6           essence to somebody who has not paid and ask 
 7           that state to put a hold on their 
 8           registration until they're made whole.  
 9                  So that reciprocity agreement is one 
10           piece of it.  Legal, we have a -- my general 
11           counsel, Sandra Rivera, leads up a team of 
12           lawyers in-house and outside counsel that are 
13           attempting to bring civil suits to collect.  
14           We are using registrations with our partners 
15           at DMV.  We send over to DMV 275 files a week 
16           to be -- to be suspended.  And that's part of 
17           the 15,000 in the last three years.  And 
18           we've been able to collect 15 million on it.
19                  But there's a lot more out there.  So 
20           again, we're not neglecting this.  We take it 
21           seriously.  The ghost plates I'll say is not 
22           an issue really for us; it's less than 
23           1 percent of those not paying.  But we're not 
24           ignoring that.  We go after -- we go after -- 
                                                                   378
 1           we have a talented staff that attempts to 
 2           locate the actual driver by looking at video 
 3           footage and looking at our files and records.  
 4           So we're not neglecting that, either.  We are 
 5           looking to make sure that every person who 
 6           owes a toll pays their toll.
 7                  ASSEMBLYMAN BRAUNSTEIN:  Great.  
 8                  Thank you very much.  I'm done.
 9                  CHAIRWOMAN KRUEGER:  Okay, thank you.
10                  Senator Roxanne Persaud.  
11                  SENATOR PERSAUD:  Thank you.  
12                  Commissioner, it's always great to see 
13           you.
14                  DMV COMMISSIONER SCHROEDER:  Thank 
15           you.
16                  SENATOR PERSAUD:  I just wanted to 
17           touch on the REAL ID.  I know you're -- I 
18           just want to commend your team for all the 
19           outreach and the publicity that they've been 
20           doing.  I think every time I turn on the 
21           television I've been seeing the information, 
22           and across my district we've been seeing the 
23           outreach and the reminders.
24                  Do you have a sense of the number of 
                                                                   379
 1           people with New York State licenses who have 
 2           not done the updates?
 3                  DMV COMMISSIONER SCHROEDER:  On the 
 4           REAL ID updates?
 5                  SENATOR PERSAUD:  Yes.
 6                  DMV COMMISSIONER SCHROEDER:  Thank 
 7           you.  Thank you, Senator.  
 8                  And so I can refresh these numbers for 
 9           you, but the last time I asked -- I always do 
10           ask -- I think we were getting close to about 
11           7 million New Yorkers who were REAL ID- 
12           compliant, meaning having a REAL ID or an 
13           enhanced driver's license.  
14                  I also know, because I've asked -- 
15           even though we're not in the passport 
16           business -- I'm told that there are 
17           10 million New Yorkers who have a passport.  
18           The reason why that comforts me is I don't 
19           want any families stranded at an airport 
20           after May 7th and not be REAL ID-compliant.
21                  So we will continue to do what we can 
22           to publicize this.  And we've also given all 
23           information to all members of the New York 
24           Legislature.  In your office, your staff has 
                                                                   380
 1           information on REAL ID, and we thank you for 
 2           promoting it as well.  
 3                  SENATOR PERSAUD:  I know on Monday the 
 4           TSA was reminding people -- I think your team 
 5           was there also -- reminding people that 
 6           beginning May 7th, you know, be prepared to 
 7           be there for a very long time if you're not 
 8           compliant.  So I just want to remind 
 9           everybody about that.
10                  Can you also tell us -- you've been 
11           doing the mobile offices, and I thank you for 
12           doing the one in my district.  It was a 
13           tremendous success, and we'll be trying to 
14           get another one in the district.  
15                  Could you tell us, across the state, 
16           how many of those have you been doing?  And 
17           are you working with counties to ensure that 
18           we have more?
19                  DMV COMMISSIONER SCHROEDER:  Yeah.  
20           So, Senator, thank you for that question, 
21           because we have done this quite a bit, 
22           especially over the past summer.  Because we 
23           were able to get the equipment necessary.  
24           And then we spent a lot of time in different 
                                                                   381
 1           places in metropolitan New York.  I went to 
 2           places myself to reach New Yorkers where they 
 3           are.
 4                  We are also fortunate that we have 
 5           51 county clerks in upstate New York who have 
 6           also figured out a way how to do Mobile IDs 
 7           so that their constituents can get a REAL ID.
 8                  So in a comprehensive way we're doing 
 9           everything we can, outside of the technology, 
10           to reach people where they are so they have 
11           an opportunity.  And when we go to community 
12           events with our Mobile ID, we can give people 
13           a REAL ID right there and then, and we do 
14           that with our team.
15                  SENATOR PERSAUD:  Okay.  Thank you 
16           very much.
17                  CHAIRMAN PRETLOW:  Assemblyman Ra.
18                  ASSEMBLYMAN RA:  Thank you.  Good 
19           afternoon.
20                  Commissioner Schroeder, I know and I'm 
21           sure you're aware that many of our motor 
22           vehicle inspection service stations 
23           throughout the state have been asking to 
24           increase the maximum fee they can charge.  
                                                                   382
 1           And it's my understanding that, you know, the 
 2           number of these facilities has been going 
 3           down.  So does the department have any 
 4           thoughts with regard to that issue?
 5                  DMV COMMISSIONER SCHROEDER:  So the 
 6           question, Assemblyman, has to do with 
 7           inspection stations being able to increase 
 8           the inspection fee.
 9                  ASSEMBLYMAN RA:  Yeah.  My 
10           understanding, it's been at the same level 
11           for quite a long time.
12                  DMV COMMISSIONER SCHROEDER:  That is 
13           correct.  
14                  So we are well aware of it.  We are 
15           working with our partners.  As you know, 
16           there are six different auto dealer 
17           associations across the state -- in New York 
18           City and statewide and also in many different 
19           regions.  
20                  So they have expressed to us a desire 
21           to have an increase.  So we are now gathering 
22           all information.  We've done so in a 
23           comprehensive way.  And we will be 
24           determining exactly what we're going to be 
                                                                   383
 1           able to do in short order.
 2                  ASSEMBLYMAN RA:  And do you have any 
 3           sense as to, you know, where the numbers are 
 4           of those, how many stations we have in the 
 5           state relative to what we maybe had five, 
 6           10 years ago?  
 7                  DMV COMMISSIONER SCHROEDER:  We do.  
 8           So I don't have it to memory, but my deputy 
 9           commissioner, who's not here, she would be 
10           able to tell you exactly what we have and 
11           what has increased and what the limits are to 
12           inspection stations.  There is also a limit 
13           to how many there can be in the state.  
14                  But I'm happy to provide you with some 
15           of that information.
16                  ASSEMBLYMAN RA:  Okay.  And then with 
17           regard in particular to electric vehicles, is 
18           there any talk of having, you know, any 
19           additional criteria or things that would need 
20           to be inspected with regard to electric 
21           vehicles?  And I guess in particular 
22           batteries -- which, you know, we have had 
23           some problems with, you know, fires and 
24           things of that nature.
                                                                   384
 1                  DMV COMMISSIONER SCHROEDER:  Yeah.  So 
 2           I've asked this question before to my 
 3           operations team at DMV.  My recollection is 
 4           that there's no difference.  That doesn't 
 5           meanwhile that will be forever.  We will 
 6           continue to look at it, Assemblyman, and if 
 7           there's any change in that thinking we'll be 
 8           happy to let you know.  
 9                  ASSEMBLYMAN RA:  Thank you.  And last, 
10           just a comment.  You're including a piece of 
11           your remarks here with regard to the 
12           feedback.  You know, I do feel like our 
13           constituents have never been happier with the 
14           DMV.  And it's quite an accomplishment if you 
15           can get people to enjoy visiting and making a 
16           transaction with the DMV, which was obviously 
17           a joke people would always make in terms of 
18           having to deal with it.  
19                  So you and your team are doing good 
20           work.
21                  DMV COMMISSIONER SCHROEDER:  Thank 
22           you.  Thank you so much.  When I became the 
23           commissioner in 2019 I Googled DMV jokes, and 
24           there were a million of them.  Right now, not 
                                                                   385
 1           so much.  We're getting compliments from 
 2           New Yorkers who are stopping their day to 
 3           tell us how much they appreciate our people.  
 4           So thank you for that.
 5                  ASSEMBLYMAN RA:  Yeah, the new 
 6           facility in my district where they moved over 
 7           into Uniondale, I've visited for many 
 8           different types of transactions and they've 
 9           been very smooth.  So thank you.
10                  DMV COMMISSIONER SCHROEDER:  Thank 
11           you.
12                  CHAIRMAN PRETLOW:  Senate?  
13                  CHAIRWOMAN KRUEGER:  Thank you.  
14                  Senator Bynoe.
15                  SENATOR BYNOE:   Thank you, 
16           Madam Chair.  
17                  Good afternoon, Commissioners.
18                  DMV COMMISSIONER SCHROEDER:  Good 
19           afternoon.
20                  SENATOR BYNOE:  My question is for the 
21           DMV commissioner.
22                  So two people in the district have 
23           reported -- one reported they turned in a 
24           plate in Suffolk County, the others turned in 
                                                                   386
 1           plates in Nassau.  And subsequent to turning 
 2           in the plates, they received tickets.  Is 
 3           that systemwide, or is this an isolated 
 4           situation?
 5                  DMV COMMISSIONER SCHROEDER:  Yes.  No, 
 6           no.  So I am aware that this does happen.  
 7           And DMV is prepared to be helpful.  So if you 
 8           have two outstanding cases right now, if you 
 9           could let me know or Shannon Milton, who is 
10           our legislative director, she would be able 
11           to look into this to see if there's anything 
12           that DMV could do.
13                  SENATOR BYNOE:  So it's happening 
14           throughout the system?
15                  DMV COMMISSIONER SCHROEDER:  Yeah, 
16           this is -- I've heard this before, and I 
17           don't believe it's just isolated to your 
18           district.
19                  SENATOR BYNOE:  So what is the process 
20           for rectifying that?  I understand I can call 
21           you separately, but I just would like to know 
22           in the immediate.
23                  DMV COMMISSIONER SCHROEDER:  Yeah, so 
24           I'm not exactly sure of what exactly the 
                                                                   387
 1           process is.  I am aware of what you're 
 2           talking about, and we can get back to you 
 3           with the details of it.
 4                  SENATOR BYNOE:  Okay.  Thank you very 
 5           much.
 6                  DMV COMMISSIONER SCHROEDER:  You're 
 7           welcome.
 8                  CHAIRMAN PRETLOW:  Is that it?
 9                  CHAIRWOMAN KRUEGER:  That's it.
10                  CHAIRMAN PRETLOW:  Assemblywoman 
11           Bailey.
12                  ASSEMBLYWOMAN BAILEY:  Well, good 
13           afternoon.  And my question is actually for 
14           the commissioner, but thank you both for 
15           being here.
16                  And Commissioner, it's nice to see 
17           you.
18                  DMV COMMISSIONER SCHROEDER:  Thank 
19           you.
20                  ASSEMBLYWOMAN BAILEY:  Six years ago 
21           you walked into the county clerk's office in 
22           Livingston County, and I met you, and have 
23           appreciated working with you over those years 
24           and look forward to working with you in the 
                                                                   388
 1           future.
 2                  DMV COMMISSIONER SCHROEDER:  Thank 
 3           you.
 4                  ASSEMBLYWOMAN BAILEY:  My question 
 5           specifically is in and around the e-bikes and 
 6           the shift in the budget.  You know, it's 
 7           looking at reclassing the heavier e-bikes in 
 8           New York City over the 100 pounds as -- into 
 9           the limited-use motorcycles.
10                  My question is specifically as it's 
11           written right now, it indicates that it would 
12           require the driver's license and the 
13           registration.  As limited-use motorcycles are 
14           outlined with the Department of Motor 
15           Vehicles, there's different classes based on 
16           speed.  And based on those classes, there's 
17           additional requirements that might be 
18           required -- i.e., inspections, helmets and 
19           eyewear or insurance.
20                  Do you see, in an attempt to make the 
21           bike lanes safer, that there will be other 
22           pieces added to that aside from the driver's 
23           license and the registration being required?
24                  DMV COMMISSIONER SCHROEDER:  So thank 
                                                                   389
 1           you, Assemblymember.  And so as you indicated 
 2           correctly, the Governor is doing her best to 
 3           advance what is called smart legislation.  
 4                  And so again, you're correct, e-bikes, 
 5           as you know, you do not have to have a 
 6           license or a registration, but a moped you 
 7           do.  So those -- the heaviest e-bikes are the 
 8           ones that we're most concerned about right 
 9           now, and that will come under this to get a 
10           license and be registered.
11                  The Governor also has given -- like 
12           this is a major problem in New York City.  It 
13           certainly is a problem in other places as 
14           well.  But also the Governor's initiative is 
15           giving New York City the elastic power to 
16           determine what the speed should be in the 
17           bike lanes as well.
18                  So these are a number of things that 
19           the Governor is trying to do, and DMV, to be 
20           helpful for public safety within our 
21           communities.
22                  ASSEMBLYWOMAN BAILEY:  So do you 
23           anticipate inspections or insurance needing 
24           to be done on these bikes?
                                                                   390
 1                  DMV COMMISSIONER SCHROEDER:  So I 
 2           would say, Assemblymember, I am aware, as you 
 3           probably are as well, there are a number of 
 4           bills in the Assembly and the Senate that 
 5           probably will address that.
 6                  Right now we're only able to address, 
 7           you know, what's in the Governor's budget.  
 8           And so it has to do with the heaviest 
 9           e-bikes, it has to do with advancing smart 
10           initiatives.
11                  ASSEMBLYWOMAN BAILEY:  Thank you very 
12           much.
13                  DMV COMMISSIONER SCHROEDER:  All 
14           right, thank you.  Nice to be with you.
15                  CHAIRMAN PRETLOW:  Senate?
16                  CHAIRWOMAN KRUEGER:  Thank you.
17                  I'm going to start with you at the 
18           DMV.  So we passed a number of laws in the 
19           last couple of years to require that anybody 
20           selling mopeds or other vehicles that have to 
21           be licensed in New York State have to confirm 
22           that you are actually getting the 
23           registration and the insurance before you 
24           leave their store.
                                                                   391
 1                  I want to recognize my colleague 
 2           Alex Bores for his work on this, including a 
 3           report he did showing that there are more 
 4           unlicensed illegal mopeds I think in New York 
 5           City than those registered.  So we changed 
 6           the law.
 7                  My question is have you been doing 
 8           investigations into these stores to confirm 
 9           that now they're following the law?  And have 
10           we seen an increase in actual registration of 
11           these vehicles?
12                  DMV COMMISSIONER SCHROEDER:  Yeah.  
13           So, Senator, thank you.  And I know the 
14           Assemblymember here also is very interested 
15           in this as well.
16                  And I am happy to report there is a 
17           slight uptick.  Now, you know that this just 
18           went into effect about 30 days ago.  But I'm 
19           here to tell you that in 2023 there were 
20           2,317 mopeds that were registered.  In 2024, 
21           5,702.  Going into 2025, 7,353.  So I do 
22           believe that this bill, legislation, 
23           Governor's signing, is going to begin to 
24           help.  And I'm interested in giving you 
                                                                   392
 1           another report, maybe in six months or so, 
 2           not waiting until, you know, next year at 
 3           this time.
 4                  CHAIRWOMAN KRUEGER:  Great.
 5                  So you also already heard questions 
 6           about vehicles that don't have legal license 
 7           plates or being-covered-up license plates, 
 8           et cetera.  Because of I guess primarily 
 9           E-ZPass and the new technologies for 
10           tracking, do we have new models for being 
11           able to see and do something about these 
12           vehicles and get them off the roads or make 
13           it clear enough through penalty that people 
14           stop with illegal license plates and with 
15           covering their license plates?
16                  DMV COMMISSIONER SCHROEDER:  Yeah.  
17           So, Senator, we at DMV and the Governor's 
18           Traffic Safety Committee, we are proud to 
19           partner with the New York City task force, 
20           the Governor's task force, and with law 
21           enforcement, especially in metropolitan 
22           New York.
23                  But on the enforcement side, once a 
24           vehicle is stopped, then the law enforcement 
                                                                   393
 1           person will know exactly what to do based on 
 2           what he or she is seeing.
 3                  CHAIRWOMAN KRUEGER:  Okay.
 4                  So I gather you don't pull a driver's 
 5           license for this kind of penalty.  Can you 
 6           pull an E-ZPass for this kind of penalty so 
 7           that they can't continue to get discounted 
 8           rates when they drive on our roads and 
 9           Thruways when they've been caught doing this?
10                  DMV COMMISSIONER SCHROEDER:  Yeah, so 
11           this is where -- thank you.  This is where we 
12           work with the tolling agencies.  And Frank 
13           did mention this before, that the tolling 
14           agencies, once they're at wits' end and 
15           they're not being -- they're not getting the 
16           payment that they deserve, then one step 
17           would be for a suspension of the 
18           registration, and that we do have the ability 
19           to work with our tolling partners to do that.
20                  THRUWAY AUTHORITY EX. DIR. HOARE:  And 
21           I would just say, Senator, so we do pull or 
22           suspend an E-ZPass account if you haven't 
23           paid your bill.  So some of that 4 percent 
24           that hasn't paid, most -- the vast majority 
                                                                   394
 1           of them are people with Tolls by Mail, so ... 
 2                  But there are accountholders who run 
 3           into arrears, and if they don't pay for a 
 4           certain amount of time, then we do suspend 
 5           their account.
 6                  CHAIRWOMAN KRUEGER:  Thank you.
 7                  So this may be a unique to New York 
 8           City storyline, I don't know.  But it's been 
 9           an urban myth or truth for as long as I've 
10           been around that there are more cars 
11           registered in Vermont that are actually in 
12           New York City on a daily basis than in the 
13           entire State of Vermont.  And that is because 
14           people are getting cheaper insurance by 
15           illegally registering in another state that 
16           they don't live in.  
17                  And it's always been the complaint 
18           that if you eyeball cars on my streets, 
19           you'll see that and go, Oh my God, is all of 
20           Vermont here in Manhattan today?  Probably 
21           not.  But it's been very hard to track that.  
22                  Because of E-ZPass and even because 
23           perhaps of the new zone of congestion pricing 
24           data, can we track in some way that a vehicle 
                                                                   395
 1           that in theory is not registered in the State 
 2           of New York seems to be in the State of 
 3           New York, I don't know, 350 days a year, and 
 4           do something about it?  Because we're losing 
 5           that money, right, that's supposed to be 
 6           coming to the State of New York.
 7                  DMV COMMISSIONER SCHROEDER:  Together 
 8           with the tolling agencies and with the 
 9           transportation group, I wish I could answer 
10           this question for you, because quite frankly 
11           you have brought this up before.  It's a 
12           legitimate question, and I don't know exactly 
13           what the answer is.  
14                  But we'll do our best to reexamine it 
15           again and to see if there's a way that 
16           New York can benefit from this.
17                  CHAIRWOMAN KRUEGER:  Well, again, when 
18           a car is registered in another state, they 
19           don't pay us those registration fees or tax 
20           as a New York vehicle.
21                  DMV COMMISSIONER SCHROEDER:  Right.
22                  CHAIRWOMAN KRUEGER:  I think they do 
23           get a lower insurance rate, but I'm not sure 
24           we're supposed to encourage that.  And I'm 
                                                                   396
 1           sure Vermont's happy to take the money of 
 2           New Yorkers registering their cars there.  
 3           But I feel like we are not getting that 
 4           money, and it's not really kosher, so to 
 5           speak.
 6                  So I've always been -- and trust me, 
 7           if you live in New York City and you're 
 8           trying to park legally on the street parking, 
 9           you drive by and think, why are the people of 
10           Vermont using every parking space on the 
11           Upper East Side, or the Upper West Side, or 
12           Lower Manhattan?
13                  So I do think it is a problem for New 
14           York.  I'm just not -- I'm curious whether 
15           all the new technology's giving us a 
16           solution.
17                  DMV COMMISSIONER SCHROEDER:  Thank 
18           you, Senator.
19                  CHAIRWOMAN KRUEGER:  Thank you.
20                  Sorry, one more.  One of my colleagues 
21           just asked about the annual registration fees 
22           when you have to have your car inspected, and 
23           that fewer places want to even do these 
24           inspections.  So the person I get my car 
                                                                   397
 1           inspected with every year said, Why do we 
 2           still have to do this every year?  The car's 
 3           technology has radically changed.  A car that 
 4           is one to 10 years old doesn't have the 
 5           problems we're measuring.  It just doesn't.  
 6                  So have you looked into whether 
 7           there's a reason to decrease the frequency 
 8           with which we make everybody have their cars 
 9           inspected?
10                  DMV COMMISSIONER SCHROEDER:  Yeah.  
11           Senator that is a very legitimate question.  
12           And quite frankly I do remember seeing it in 
13           a State of the State or maybe in a budget 
14           some time ago.  So I will reexamine and work 
15           with the operations folks at DMV to see where 
16           that is and what sort of appetite the 
17           Legislature might have on something like 
18           that.
19                  But thank you for that.  I'll follow 
20           up with you on that.
21                  CHAIRWOMAN KRUEGER:  Thank you very 
22           much.
23                  And then last, for Frank.  So there 
24           was discussion already about needing more 
                                                                   398
 1           chargers on the Thruways for medium and heavy 
 2           trucks.  And my understanding is that because 
 3           of the I guess grandfathering-in of certain 
 4           language at the rest stops, you have the 
 5           ability to put in the electric chargers for 
 6           the cars and trucks -- for the trucks.
 7                  So what is preventing us from doing 
 8           it?
 9                  THRUWAY AUTHORITY EX. DIR. HOARE:  
10           Again, it's the technology and the power, the 
11           power that we need for the utility.
12                  But we have that ability under the 
13           service area agreements -- you're talking 
14           about now for medium- and heavy-duty?
15                  CHAIRWOMAN KRUEGER:  Yeah, the medium 
16           and heavy.
17                  THRUWAY AUTHORITY EX. DIR. HOARE:  So 
18           it is looking at the technology, it's looking 
19           at the -- working with the utilities to get 
20           the power in there.  
21                  And there will be an element of the 
22           space.  As I described earlier, a tractor 
23           trailer needs a lot more space to pull up to 
24           a charging station than a passenger vehicle.  
                                                                   399
 1                  So those are all the challenges we are 
 2           facing right now that we're working through.  
 3                  And again, one of the things we have 
 4           done is identified 10 sites, in cooperation 
 5           with our partners, because we are just one 
 6           part of the puzzle, right.  So we work with 
 7           DOT, we work with localities, because we want 
 8           a system that a -- whether you're driving a 
 9           truck or a passenger vehicle, you can get on 
10           and find a connection and a route that has 
11           those chargers.  
12                  And we're working with other states, 
13           too, because if we charge up here, it doesn't 
14           help us if Pennsylvania or Ohio or New Jersey 
15           doesn't have that too.  So when you get to 
16           transportation, it's all interconnected 
17           because different people, different entities 
18           own the roads.
19                  CHAIRWOMAN KRUEGER:  Right.  And 
20           apparently there's been a decent amount of 
21           national data being collected.  And I don't 
22           see New York on one of the lists for the 
23           states that are doing the best with it, so I 
24           guess I'll encourage us to take a look at 
                                                                   400
 1           states that seem to be doing better and 
 2           seeing if we can steal their best practices.  
 3           Because I know we have to get there, and I 
 4           would like us to get there as quickly as 
 5           possible.
 6                  THRUWAY AUTHORITY EX. DIR. HOARE:  
 7           Yes, Chair.
 8                  CHAIRWOMAN KRUEGER:  Thank you.
 9                  And I've used up my time.  Thank you, 
10           Mr. Assembly.  
11                  CHAIR PRETLOW:  Assemblyman Palmesano.
12                  ASSEMBLYMAN PALMESANO:  Yes, quick, 
13           Mr. Schroeder.  I just want to say -- 
14           Commissioner Schroeder -- thanks for what 
15           your department does on Donate Life.  I see 
16           your pin.  Thanks for the work you do there.
17                  But in that sense, I hope you -- when 
18           you're talking to the Governor offline, 
19           Donate Life -- and she proposed a 
20           quarter-trillion-dollar budget, increased her 
21           proposal by $19 billion over last year, and 
22           she proposed cutting a million dollars from 
23           Donate Life programs, which makes no sense to 
24           me.  So hopefully offline you can talk to her 
                                                                   401
 1           about that.
 2                  Don't need any comments, I only have 
 3           three minutes.  But I definitely -- but 
 4           hopefully you can do that.
 5                  Director Hoare, my questions are for 
 6           you, and I'll just ask all of my questions.  
 7           You said that -- I was reading your 
 8           statement -- we're actively working with our 
 9           utility partners to analyze electricity 
10           capacity and energy capacity.  But yet we 
11           have this ACT regulation that's already in 
12           effect.
13                  You spent $450-million-plus 
14           redesigning all the rest areas, but there's 
15           no charging infrastructure?  This makes no 
16           sense to me.  And shouldn't we do the 
17           feasibility study, the analysis, before we 
18           put this mandate on our trucking industry?  I 
19           mean, that seems like it would be the 
20           commonsense thing to do.  But this is 
21           New York State; everything doesn't seem to be 
22           done by a commonsense measure.  
23                  This will in fact destroy the trucking 
24           industry.  You mentioned you had 
                                                                   402
 1           10 locations.  Well, there's 27 sites across 
 2           the Thruway infrastructure.  The question was 
 3           asked -- you couldn't answer the question how 
 4           much in between charges.  Two hundred miles.  
 5           And four hours of charge.
 6                  But yet a diesel tractor trailer can 
 7           go 1800 to 2,000 miles on a full tank of 
 8           diesel, and it takes them 20 minutes to fill 
 9           up.
10                  I hope my colleagues sitting here, and 
11           the Governor, see this -- it's not all 
12           directed at you -- that this is a train 
13           wreck.  We are going to destroy the trucking 
14           industry in the State of New York, no doubt 
15           about it.  Ninety-six percent of products are 
16           shipped by truck.  We have 330,000 workers 
17           working in the trucking industry.  This is 
18           going to decimate the trucking industry.  But 
19           it's also going to affect your constituents 
20           because shipping of food -- food prices are 
21           going to skyrocket because this is going to 
22           be an additional cost that's going to be 
23           placed on the trucking companies.
24                  Lumber is going to increase.  Everyone 
                                                                   403
 1           talks about the affordable housing crisis we 
 2           have in New York State -- how's that going to 
 3           make it more affordable?  
 4                  Ladies and gentlemen, we've got to 
 5           stop this.  We've got to pause and hit the 
 6           brakes on this thing.  Other states are 
 7           delaying it.  We need to implement it.  You 
 8           should have been here before -- and I know 
 9           every one of my colleagues wants to say, 
10           Well, this is to help save the environment.  
11           Nonsense.  This is going to do nothing to 
12           save the environment, because New York only 
13           contributes 0.4 percent of global emissions, 
14           0.4.  China contributes 30 percent, has a 
15           thousand coal plants and building more every 
16           week.  It's not going to matter one 
17           difference.
18                  We can get down to zero, but it's not 
19           going to do anything.  But we will have more 
20           New York families, farmers, businesses and 
21           people leave the State of New York with these 
22           continued nation-leading outmigrations.  We 
23           have to change this and stop this, and I hope 
24           my colleagues put a pause on this ACT 
                                                                   404
 1           regulation now.
 2                  CHAIRMAN PRETLOW:  Thank you.
 3                  Assemblywoman Hooks.
 4                  ASSEMBLYWOMAN HOOKS:  Hello.  Good 
 5           afternoon.  Thank you, Chair, and thank you, 
 6           Commissioners, for your time today.
 7                  My question is about reckless e-bikes.  
 8           I know you've had other questions about 
 9           e-bikes.  This is one of the biggest 
10           quality-of-life issues New Yorkers have 
11           raised.  These bikes speed through red 
12           lights, ride the wrong way, and ride the 
13           sidewalk.  My constituents are always coming 
14           to me with stories of almost being hit by 
15           either an e-bike or a scooter, which last 
16           year alone were involved in 800 collisions in 
17           New York City.
18                  We have a bill that will require DMV 
19           license plates on e-bikes and scooters, and 
20           another bill that requires liability 
21           insurance that will hold people accountable.  
22           If the state were to begin requiring the DMV 
23           to issue license plates to electric bicycle 
24           and scooter riders, would the agency be able 
                                                                   405
 1           to handle that demand?  And what additional 
 2           resources would be needed to support the 
 3           agency?
 4                  DMV COMMISSIONER SCHROEDER:  So, 
 5           Assemblymember, thank you for your question.  
 6           And I understand your concern here.  And I 
 7           think this is the reason why the Governor has 
 8           addressed this this year in the budget.  
 9                  And so as you know, TED Part G 
10           reclassifies the ultra-heavy-e-bike as a 
11           moped.  Which means you would have to license 
12           it and you would have to register it.  Those 
13           are the heaviest e-bikes that are traveling 
14           in New York City, and so we want to be able 
15           to address that.
16                  It also gives New York City the 
17           ability to determine speed limits in the bike 
18           lanes.  The Governor has also put that in.  
19           And also the Governor, as you know, last year 
20           she signed a package of bills to address 
21           lithium-ion battery safety, which is also a 
22           concern of yours and others, especially in 
23           the city. 
24                  So we are very mindful of all of your 
                                                                   406
 1           concerns, and this is the reason why the 
 2           Governor has advanced what is called the 
 3           smart legislation on e-bikes, and DMV and the 
 4           Governor's Traffic Safety Committee will 
 5           continue to work with you and other 
 6           organizations in New York City to see how we 
 7           can do better.
 8                  ASSEMBLYWOMAN HOOKS:  Okay.  Has there 
 9           been a survey on the weight that bikes -- 
10           what weight the bikes were that were in these 
11           collisions?  Or where did the weight come 
12           from?
13                  DMV COMMISSIONER SCHROEDER:  Yeah, so 
14           there have been all sorts of information that 
15           we're able to ascertain.  But I think this 
16           attempt was to take the heaviest e-bike that 
17           we're aware of and to make it a moped, 
18           meaning that it would be classified as a 
19           moped, so you would have to have a license 
20           and registration.
21                  So that's a first step of what we're 
22           trying to do, and we'll continue to do our 
23           best.
24                  CHAIRMAN PRETLOW:  Thank you.
                                                                   407
 1                  Assemblymember Shimsky.
 2                  ASSEMBLYWOMAN SHIMSKY:  Yes, thank 
 3           you.  First, might as well give the 
 4           commissioner another gold star for taking the 
 5           butt of jokes and turning it into a really 
 6           well running organization.  I've had my own 
 7           personal before and after experiences, and 
 8           thank you so much for all of that.
 9                  DMV COMMISSIONER SCHROEDER:  Thank you 
10           for that.
11                  ASSEMBLYWOMAN SHIMSKY:  In terms of 
12           publicizing the REAL ID, you know, have you 
13           been trying to work through with car 
14           dealerships?  Because you've got people there 
15           who are thinking about cars, and there are 
16           all kinds of other related businesses that 
17           may be willing to help publicize it.  And 
18           that can reach to more people as well.
19                  Going back to the Thruway Authority, 
20           I'd like to talk about bridge strikes.  As 
21           you know, especially in the Hudson Valley, 
22           it's a real problem given that our roads were 
23           constructed a long time ago and especially 
24           out-of-town trucking businesses don't know 
                                                                   408
 1           what a parkway is, for example.  
 2                  And of course we had the big one just 
 3           coming over right before the approach to the 
 4           Cuomo Bridge.  What are you seeing as 
 5           potential new avenues for trying to prevent 
 6           the number of bridge strikes?
 7                  THRUWAY AUTHORITY EX. DIR. HOARE:  
 8           Well, it's plaguing every transportation 
 9           entity in the country the last two or three 
10           years.  There are different views of why 
11           that's so.
12                  But I will say that regardless if 
13           you're from the state or not, you're required 
14           to know what the rules are.  And our lowest 
15           bridge is at least six inches above the 
16           federal level.  So there really is no excuse.
17                  So what we're working with, as I 
18           referred to in my testimony, we started 
19           working with the State Police, we had the 
20           enforcement program last fall.  Again, out of 
21           7,000 violations -- and that can be 
22           violations for anything, but there were 31 or 
23           32 that were specifically over-height, so we 
24           think we saved it there.
                                                                   409
 1                  We're working with partners at the 
 2           Trucking Association to get the word out.  We 
 3           put the word out in terms of the bridges.  
 4           But, I mean, at the -- ultimately it's up to 
 5           the driver.  They're supposed to know what 
 6           the rules and regulations are.  They're 
 7           supposed to map out their route.  
 8                  That driver hit that particular bridge 
 9           in Nyack, the South Broadway Bridge -- which 
10           cost us $6 million, by the way, in terms of 
11           tolls lost in the 16-hour period, and then 
12           reconstructed.  They're supposed to know 
13           those rules.  He was not aware of it, he was 
14           a Florida driver.  
15                  But we've got to keep at it.  We're 
16           looking for enforcement and getting that word 
17           out on those programs.
18                  ASSEMBLYWOMAN SHIMSKY:  Okay, thank 
19           you.
20                  CHAIRMAN PRETLOW:  Thank you.
21                  Assemblyman Bores.
22                  ASSEMBLYMAN BORES:  Thank you both for 
23           being here.
24                  My questions are for the commissioner, 
                                                                   410
 1           and around the e-bike proposal, following up 
 2           on my colleague Assemblymember Hooks' 
 3           questions.
 4                  Do we know what percentage of e-bikes 
 5           in New York on the market are over a hundred 
 6           pounds?  Like what -- how much of the market 
 7           would this apply to?
 8                  DMV COMMISSIONER SCHROEDER:  
 9           Assemblymember, I don't have that data at my 
10           fingertips, but I'll do my best to see if we 
11           can ascertain it.
12                  ASSEMBLYMAN BORES:  That would be 
13           great, thank you.
14                  And then just, like, how would it be 
15           implemented?  Would this include the weight 
16           of the battery or extra batteries that people 
17           are carrying?  Would officers have to weigh 
18           the e-bike if they pull someone over?  Does 
19           it include the four-wheel cargo bikes?  Like, 
20           just a few more details as to how this weight 
21           threshold plays out.
22                  DMV COMMISSIONER SCHROEDER:  Yeah.  So 
23           on that as well, I'm aware of what I already 
24           said.  So I will go back, though, and get 
                                                                   411
 1           more information for you on that.
 2                  ASSEMBLYMAN BORES:  Thank you.  
 3           Appreciate it.
 4                  The Mobile ID, I have the app, it's 
 5           great.  Congratulations on that.  There are 
 6           nine states that let you just directly add 
 7           your ID to your Apple Wallet, you don't need 
 8           to download a new app.
 9                  Is that on our roadmap?  Is there a 
10           reason we haven't chosen that yet?
11                  DMV COMMISSIONER SCHROEDER:  Yes.  The 
12           short answer is yes, we are very aware of 
13           that.  And we will do our best to do that.  
14           Thank you.
15                  ASSEMBLYMAN BORES:  Wonderful.  Thank 
16           you.  And then as -- following up on 
17           Chair Magnarelli's questions on the IT 
18           modernization, there's been 106 million 
19           allocated fiscal year '23, 22 million before 
20           that, fiscal year '22, 174 million fiscal 
21           year '25.  The results are clear.  I mean, 
22           the website is great, and it's improving.
23                  But how do we know we're not going to 
24           be back for more?  I mean, given the -- I 
                                                                   412
 1           think when the 101 or 106 went out in fiscal 
 2           year '23, you weren't expecting 178 two years 
 3           later.  Sort of what have we learned, what's 
 4           changed, so that we know we're not going to 
 5           have to keep putting money in after this?
 6                  DMV COMMISSIONER SCHROEDER:  You know, 
 7           I think the real answer is the measurement 
 8           tool that we're using for this.  And so right 
 9           now that includes me and DMV communicating 
10           constantly with Dru Rai, who's the ITS CIO.  
11           We also communicate with our 3,000 employees 
12           with town hall meetings, Auto Dealers 
13           Associations, dealers, county clerks.  And 
14           the feedback that we're getting is that 
15           everybody understands what it is we're trying 
16           to do and the money has been allotted for now 
17           through 2028, 2029.
18                  So we feel very, very comfortable that 
19           we do not have to come back here, all we have 
20           to do is execute.  And the customers will 
21           benefit from this once we launch it next 
22           February 2026.
23                  ASSEMBLYMAN BORES:  Thank you.
24                  DMV COMMISSIONER SCHROEDER:  You're 
                                                                   413
 1           welcome.  Thank you for the question.
 2                  CHAIRMAN PRETLOW:  Is that it?
 3                  Assemblyman Eachus.
 4                  ASSEMBLYMAN EACHUS:  Thank you, 
 5           Chairman Pretlow.  
 6                  Commissioner, first a question for 
 7           you.  Many, many moons ago I was a county 
 8           legislator -- many moons ago -- and it was 
 9           during the time when they went to -- the 
10           state informed us that you could do online 
11           registering.  That, of course, caused a huge 
12           revenue shrinkage for the counties.  
13                  At this point in time are we planning 
14           on implementing or are we implementing any 
15           other programs that are going to reduce the 
16           fees that the counties can gather?
17                  DMV COMMISSIONER SCHROEDER:  Yeah, so, 
18           Assemblyman, I would say you probably would 
19           want to have some conversations with the 
20           county clerks.  For example, because we work 
21           with the 51 county clerks, we changed the 
22           county retention last year.  It became 
23           effective January 1st, thanks to the Governor 
24           and the New York State Legislature, and they 
                                                                   414
 1           are actually receiving more money.  And 
 2           they've deserved it.
 3                  ASSEMBLYMAN EACHUS:  Okay, thank you 
 4           very much.
 5                  Director, again, thank you for the 
 6           phone call that we recently had.  Please 
 7           express to your 1800 employees that we're 
 8           obviously, bipartisan, overwhelmed with the 
 9           great work that they do.  And I'm so glad 
10           that we're working together on the safety 
11           issue for your workers.
12                  A couple of questions I had, because I 
13           had a meeting with DOT many months ago.  In 
14           the camera-monitored work zones, is it five 
15           or six miles over the posted speed limit, or 
16           11 miles over the posted speed limit that 
17           you're going to get the violation?
18                  THRUWAY AUTHORITY EX. DIR. HOARE:  
19           Eleven, Assemblyman.
20                  ASSEMBLYMAN EACHUS:  Okay.  And is it 
21           true, as I was told, that this will also 
22           refer to the EMS vehicles, the police cars, 
23           the ambulances, the fire trucks, so on like 
24           that?
                                                                   415
 1                  THRUWAY AUTHORITY EX. DIR. HOARE:  If 
 2           they speed through a work zone?
 3                  ASSEMBLYMAN EACHUS:  Yeah.
 4                  THRUWAY AUTHORITY EX. DIR. HOARE:  
 5           Yes, it applies to them.  
 6                  If they're responding to an emergency 
 7           situation, they would not receive a 
 8           violation.
 9                  ASSEMBLYMAN EACHUS:  Okay.  Well, we 
10           need to inform them of that.  That's our job.  
11           But -- okay.
12                  And then another question is I have a 
13           bill out there that will give free E-ZPasses 
14           to ambulances and ambulance -- well, 
15           actually, just the ambulances.  I don't think 
16           it will be the control cars.
17                  Do you see a problem with that?  
18           Because the fire departments have free 
19           E-ZPass at this point, right?
20                  THRUWAY AUTHORITY EX. DIR. HOARE:  
21           Well, we don't have an E-ZPass.  We have a 
22           program, we've had it for some 30 -- 30 
23           years, where emergency vehicles, whether they 
24           be fire or ambulance or police, if they were 
                                                                   416
 1           responding to an emergency, they do not pay a 
 2           toll.
 3                  ASSEMBLYMAN EACHUS:  Well, I heard 
 4           that the ambulances have to reapply to get 
 5           that money back -- or apply to get the money 
 6           back.  They're charged, and then they have to 
 7           apply to get the money back?
 8                  THRUWAY AUTHORITY EX. DIR. HOARE:  
 9           Well, if they have an E-ZPass, their account 
10           would be charged and then they'd submit the 
11           information and we would reimburse them for 
12           that toll.
13                  ASSEMBLYMAN EACHUS:  Okay.  Well, 
14           that's time-consuming, and they don't have 
15           time.
16                  The last thing, do we have animal 
17           crossings planned for the Thruway?
18                  THRUWAY AUTHORITY EX. DIR. HOARE:  No, 
19           not at this time.
20                  CHAIRMAN PRETLOW:  Thank you.
21                  Assemblyman Jacobson.
22                  ASSEMBLYMAN JACOBSON:  Thank you.  
23                  It's good seeing both of you again.
24                  DMV COMMISSIONER SCHROEDER:  Thank 
                                                                   417
 1           you.
 2                  THRUWAY AUTHORITY EX. DIR. HOARE:  
 3           Thank you.
 4                  ASSEMBLYMAN JACOBSON:  As far as the 
 5           DMV, I'm not getting any complaints at the 
 6           moment, but it doesn't mean -- I do expect to 
 7           have when the enhanced driver's license 
 8           deadline comes.  I expect that.  If anything, 
 9           I get complaints about the county, but I 
10           don't get complaints about your stuff.
11                  Thruway, I like to say when things are 
12           better as well, that I'm not always 
13           complaining.  And it made a big difference on 
14           the paving that you've done, particularly 
15           Exit 17, because of all the trucks that get 
16           off at the Newburgh exit to get on to 
17           Interstate 84 and cross the bridge and so 
18           forth.
19                  New Paltz, there's got to be something 
20           wrong underneath the ground by the New Paltz 
21           exit when you go north on both sides.  I 
22           mean, it's just something that's there, that 
23           it didn't -- doesn't seem to stay as well, in 
24           as good a condition as the others.
                                                                   418
 1                  So I only have a couple of questions.  
 2           When are the rest areas going to be completed 
 3           and open?  
 4                  THRUWAY AUTHORITY EX. DIR. HOARE:  
 5           Twenty-four are completed now.  There's one 
 6           next Tuesday, No. 26 on March 17th, 
 7           St. Patrick's Day.  And then the final one 
 8           will be early fall.
 9                  ASSEMBLYMAN JACOBSON:  And when?
10                  THRUWAY AUTHORITY EX. DIR. HOARE:  
11           Early fall will be the last one.  Two in the 
12           next couple of weeks.
13                  ASSEMBLYMAN JACOBSON:  Because the 
14           complaint I get about that is not so much -- 
15           not the food, because they can go a lot of 
16           places, but bathrooms.  People need 
17           bathrooms.  It's a long trip.  And I don't 
18           know why we can't put temporary bathrooms 
19           there like you see at work sites.  I think it 
20           would be a temporary solution that would 
21           work.
22                  That's all I have at the moment.  So 
23           keep paving.  Don't wait 20 years like your 
24           predecessor.
                                                                   419
 1                  THRUWAY AUTHORITY EX. DIR. HOARE:  
 2           Will do.  Thank you.
 3                  ASSEMBLYMAN JACOBSON:  Thank you.  
 4                  CHAIRMAN PRETLOW:  Assemblywoman 
 5           Gallagher.
 6                  ASSEMBLYWOMAN GALLAGHER:  Thank you so 
 7           much.  
 8                  Hi, Commissioners.
 9                  DMV COMMISSIONER SCHROEDER:  Hi, 
10           Assemblymember.
11                  ASSEMBLYWOMAN GALLAGHER:  Thank you.  
12                  I am really interested in the line of 
13           communication between DMV, courts, law 
14           enforcement and other agencies with regard to 
15           drivers with terrible records of complete 
16           violations -- multiple license suspensions 
17           and so forth.  Are the State Police, 
18           Thruway troops, NYPD, MTA Police and others 
19           notified of cars or drivers to look out for 
20           by DMV, and vice versa?
21                  DMV COMMISSIONER SCHROEDER:  I'm 
22           sorry, repeat that, I -- 
23                  ASSEMBLYWOMAN GALLAGHER:  Yeah, sure.  
24                  I was wondering if when you know that 
                                                                   420
 1           someone is a reckless driver, is there a 
 2           communication between you and law enforcement 
 3           about keeping an eye out for that license 
 4           plate or that individual?
 5                  DMV COMMISSIONER SCHROEDER:  Yeah, so, 
 6           Assemblymember, I think the way I would like 
 7           to answer the question that you're very 
 8           concerned about is the Governor has 
 9           introduced some initiatives in the State of 
10           the State and in the budget.  One has to do 
11           with drugged driving, and the other has to do 
12           with what your concern is, what I would call 
13           traffic safety regulations.  And the Governor 
14           is addressing that as well.
15                  And so we will continue to use those 
16           initiatives to be able to solve the problem 
17           that you're seeing, you know, within your 
18           district.
19                  ASSEMBLYWOMAN GALLAGHER:  Yeah, most 
20           of the reckless driving that I've seen really 
21           have a human cost, including death of 
22           pedestrians, has been folks who have 
23           suspended licenses that are still able to 
24           rent a car and drive their car and, you know, 
                                                                   421
 1           are still driving recklessly.  
 2                  So that's just something I want to 
 3           flag.  And I think I even have a solution for 
 4           it, which is speed-governor technology.  Have 
 5           you been aware of this kind of technology 
 6           being used in other states and other 
 7           countries?  It's super-successful.
 8                  DMV COMMISSIONER SCHROEDER:  Yeah, so 
 9           personally I'm not aware of it, but I do -- 
10           my deputy commissioner is also an officer of 
11           AAMVA.  AAMVA is the organization that works 
12           with all 50 states' DMVs.  
13                  And so I will ask him if he's aware of 
14           that and what AAMVA's -- what their feeling 
15           is on that and how that could help us.
16                  ASSEMBLYWOMAN GALLAGHER:  Great.  I 
17           would love to work together with you all 
18           about making sure that we get some kind of 
19           reckless driver accountability program 
20           involved that actually interrupts people's 
21           ability to speed.  Because sometimes with 
22           folks speeding is the addiction, not 
23           necessarily drugs or alcohol.  Sometimes it's 
24           actually the need for speed.  
                                                                   422
 1                  And as a lover of the Rockford Files, 
 2           you know, it can be entertaining, but it is 
 3           not -- it's not a good thing in the city.
 4                  DMV COMMISSIONER SCHROEDER:  We can 
 5           work with you on that.  
 6                  And as I said, the Governor has an 
 7           initiative we'll share with you.
 8                  ASSEMBLYWOMAN GALLAGHER:  Great.  
 9           Thanks.
10                  CHAIRMAN PRETLOW:  Thank you.  
11                  Assemblywoman Giglio.
12                  ASSEMBLYWOMAN GIGLIO:  Thank you.  
13                  As I'm sure you're aware, my two sons 
14           and I are members of International Union of 
15           Operating Engineers Local 138, Heavy Highway.  
16           So expanding the crime of assault on a 
17           highway worker is personal to me.  
18                  But my concern and hope is that 
19           cameras are not intended to replace law 
20           enforcement.  Cameras do not handle 
21           accidents, bad roads, speeding, slowing 
22           people down in inclement weather, and many 
23           other safety measures, such as assault on a 
24           highway worker.
                                                                   423
 1                  So do you believe that cameras will be 
 2           more effective in making sure that there is 
 3           no assaults on highway workers on the 
 4           roadways?
 5                  DMV COMMISSIONER SCHROEDER:  So, 
 6           Assemblymember, at this point in time I 
 7           believe that what the Governor has initiated 
 8           this year may be helpful to what you're most 
 9           concerned about.
10                  And so this began as a pilot program.  
11           The Governor is interested in making this a 
12           permanent program and expanding it to include 
13           others, like MTA and other tolling agencies 
14           as well.
15                  So we at DMV, I know my partners in 
16           the transportation portfolio, we are all with 
17           you on this, and we want to do our best to 
18           make sure that we protect our workers and 
19           everybody in New York.
20                  ASSEMBLYWOMAN GIGLIO:  I just think 
21           that law enforcement, suited at a 
22           construction site, is -- especially because 
23           of the assault that happened in Monroe County 
24           last year, which prompted this, I believe.  
                                                                   424
 1           And I think it's laudable for sure.  God 
 2           bless that family and that person that lost 
 3           his life.
 4                  But the assault took place, I believe, 
 5           as it was explained to me by the DOT 
 6           commissioner, after the work zone, where an 
 7           angry driver pulled over on the side of the 
 8           road and, you know, assault is taking place 
 9           after the work zone.  So how are cameras 
10           going to capture that and replace law 
11           enforcement?
12                  DMV COMMISSIONER SCHROEDER:  I don't 
13           think there's any replacement of law 
14           enforcement.  But the cameras will aid us, 
15           and I think that is what we're looking to do 
16           And one of the reasons why the pilot program 
17           has been successful thus far.  
18                  But I think we need to take it to the 
19           next level, and that's what the Governor is 
20           proposing within the State of the State and 
21           the budget.
22                  ASSEMBLYWOMAN GIGLIO:  Okay.  And for 
23           you, please, if you could answer.  You said 
24           that it is 70,000 violations; 300,000 of that 
                                                                   425
 1           fund will go towards safety and equipment and 
 2           cameras and things of that nature for work 
 3           zones.
 4                  So how much was collected altogether 
 5           out of those 70,000 tickets, violations?  
 6           What was the total amount that was collected 
 7           through the pilot?
 8                  THRUWAY AUTHORITY EX. DIR. HOARE:  It 
 9           was several million.  I don't know what the 
10           latest number is.  I will get that to you.
11                  But they're all operating costs to the 
12           program.
13                  ASSEMBLYWOMAN GIGLIO:  Okay.  And then 
14           I do get a lot of complaints from people that 
15           have actually shown me videos of them getting 
16           tickets in work zones where there's no work 
17           going on.
18                  So how are you going to manage that, 
19           Commissioner?
20                  THRUWAY AUTHORITY EX. DIR. HOARE:  The 
21           legislation specifically provides that it has 
22           to be in -- 
23                  (Overtalk.)
24                  CHAIRMAN PRETLOW:  Hold that -- hold 
                                                                   426
 1           that thought.
 2                  Assemblyman Otis.
 3                  ASSEMBLYMAN OTIS:  Thank you.
 4                  Thank you, Commissioner and Director.  
 5                  I first want to thank both of you and 
 6           your staffs at your agencies for how 
 7           responsive you are, your teams are, to 
 8           constituent issues that come up.  I think I 
 9           probably speak for everybody here, but I 
10           certainly speak for myself.  And so important 
11           to say that for Thruway Authority, Todd Gold 
12           is in the house.  Thank you, Todd Gold.  So 
13           very -- very exceptional.
14                  I have a -- for Commissioner 
15           Schroeder, thank you for the technology  
16           upgrades at DMV.  Exceptional job.  And 
17           you've done a great job leading that effort.
18                  Director Hoare, a question for you.  A 
19           lot of talk today about EV charging and all 
20           that sort of stuff.  For vehicles, you have a 
21           subcontractor that has installed the vehicles 
22           at your rest areas, but you have a process 
23           for, as the demand goes up, that contract has 
24           built into it more charging stations at those 
                                                                   427
 1           sites.  
 2                  Can you tell us how that process works 
 3           or will work down the road.
 4                  THRUWAY AUTHORITY EX. DIR. HOARE:  
 5           Yes, Assemblyman, the operator of the service 
 6           areas is contractually obligated to meet the 
 7           demand.  So as demand goes up, they are 
 8           required to meet that demand.  Currently less 
 9           than 2 percent of New York are EVs, but we 
10           know that's going up.  We want that to go up.  
11           And the operator is contractually responsible 
12           and obligated to meet that demand.
13                  ASSEMBLYMAN OTIS:  So as we start to 
14           see lines at the charging stations at rest 
15           areas, there's a process to tell them they 
16           need to expand.  Can that happen with some 
17           kind of alacrity?
18                  THRUWAY AUTHORITY EX. DIR. HOARE:  
19           Yes.  It hasn't happened yet.  We track this.  
20           We can -- we track usage at each and every 
21           site.  We've had no issues of lines or 
22           delays.  But as the volume increases, 
23           certainly we'll be monitoring that very 
24           closely to make sure that we meet that 
                                                                   428
 1           demand.
 2                  ASSEMBLYMAN OTIS:  Great.  Thank you 
 3           very much.  I'll yield back my time.
 4                  THRUWAY AUTHORITY EX. DIR. HOARE:  
 5           You're welcome.
 6                  CHAIRMAN PRETLOW:  Assemblyman Durso.
 7                  ASSEMBLYMAN DURSO:  Thank you, 
 8           Chairman.  
 9                  Thank you both for being here today.
10                  So, commissioner, I just had two quick 
11           questions I wanted to try and get at.  When 
12           it comes to the EV bikes, you said that as of 
13           right now in the Governor's proposal there's 
14           no insurance policy needed for the 
15           registration, correct?
16                  DMV COMMISSIONER SCHROEDER:  I didn't 
17           say that.  That was suggested, and I'm not 
18           sure about that.  So I can get back to you 
19           about that, Assemblymember.
20                  ASSEMBLYMAN DURSO:  Just your thought 
21           on it.  Do you think that those EV bikes -- 
22           because obviously some of them weigh 
23           320 pounds, go about 20 miles an hour.  Do 
24           you feel that they should -- again, hearing 
                                                                   429
 1           from others talking about accidents with 
 2           them, do you feel that they should have an 
 3           insurance policy on them when they register?
 4                  DMV COMMISSIONER SCHROEDER:  So I 
 5           believe, Assemblymember, that that really 
 6           would be a legislative matter.  That would be 
 7           something for the Assembly and the Senate to 
 8           come up with.  And then we would do 
 9           everything we can to implement it exactly the 
10           way you want it.
11                  ASSEMBLYMAN DURSO:  Okay.  And my 
12           other question would be about the inspection 
13           stations.  With EV cars, obviously 
14           inspections are done differently.  Right?  
15           There's different components that are done.  
16           I mean, if you take a 1985 Corvette, 
17           obviously the inspection is different than 
18           on, you know, a 2024 Tesla.
19                  Has there been money appropriated for 
20           these inspection stations to use different 
21           equipment to make sure that those inspection 
22           stations are getting what they need, and then 
23           be able to charge a certain amount depending 
24           upon what training has to be taken place, the 
                                                                   430
 1           computer system that they need?
 2                  DMV COMMISSIONER SCHROEDER:  Yes.  The 
 3           answer is yes.  We just completed the program 
 4           that ended last year that gave all of the 
 5           inspection stations new equipment.  And so 
 6           we're forever looking at that to make sure 
 7           that they're up to speed and that they have 
 8           the best technology available.
 9                  And we will continue at DMV to 
10           evaluate the concern that many of you have in 
11           terms of the inspection fees.  And we will 
12           let you know what direction we can go in, 
13           with your help.
14                  ASSEMBLYMAN DURSO:  So just a quick 
15           question with that.  You said you gave the 
16           inspection stations those new machines.  Do 
17           the inspection stations pay for those, or 
18           does the state pay for them and provide them 
19           to those inspection stations?  
20                  DMV COMMISSIONER SCHROEDER:  They 
21           would pay for them.
22                  ASSEMBLYMAN DURSO:  So we're not 
23           giving it to them.  The inspection --
24                  DMV COMMISSIONER SCHROEDER:  Oh, no.  
                                                                   431
 1           Yeah, sorry.
 2                  ASSEMBLYMAN DURSO:  -- stations 
 3           purchase them, correct?  Do you know the 
 4           prices on those?
 5                  DMV COMMISSIONER SCHROEDER:  I don't.  
 6           But I can get you that.
 7                  ASSEMBLYMAN DURSO:  I'm interested -- 
 8           just assuming, especially as time goes on, as 
 9           technology progresses, those machines are 
10           pretty expensive for those inspection 
11           stations to take on, correct?
12                  DMV COMMISSIONER SCHROEDER:  Yeah, and 
13           it's something -- the machines that we look 
14           at are important that they can do everything 
15           for a period of time, so they don't have to 
16           be replaced on a yearly basis.  But I can get 
17           you more information on that.
18                  ASSEMBLYMAN DURSO:  Okay.  And then 
19           just one thing I wanted to throw out there.  
20           I know that somebody had mentioned about, 
21           especially with newer cars, they don't need 
22           to be inspected every year -- well, they felt 
23           that maybe they don't need to be inspected 
24           every year because of technology.  The fact 
                                                                   432
 1           of the matter, inspections aren't just about 
 2           internal, they're external -- tires, 
 3           windshields, so forth, just for safety 
 4           reasons.  So thank you.
 5                  DMV COMMISSIONER SCHROEDER:  
 6           Understood.  Thank you.  
 7                  CHAIRMAN PRETLOW:  Thank you, 
 8           Assemblyman.  
 9                  Assemblywoman Simon.
10                  ASSEMBLYWOMAN SIMON:  Good afternoon.  
11           Thank you.  It's almost good evening.  Good 
12           to have you here.
13                  DMV COMMISSIONER SCHROEDER:  Thank 
14           you.
15                  ASSEMBLYWOMAN SIMON:  I have a quick 
16           question which I hope is appropriate for you.  
17           The Governor has in her Executive Budget an 
18           expansion of DUI and driving while 
19           intoxicated that is -- goes to drugs or other 
20           substances than alcohol.  Are you familiar 
21           with this proposal?  
22                  DMV COMMISSIONER SCHROEDER:  Oh, 
23           absolutely, yes.
24                  ASSEMBLYWOMAN SIMON:  So one of the 
                                                                   433
 1           questions I have, because in looking at this 
 2           in the past -- is how it is that we are able 
 3           to test for other substances, that it's not 
 4           clear what these levels might be that might 
 5           be impairing.  There are so many possible 
 6           combinations.
 7                  Can you tell me how this would 
 8           actually be assessed?  I understand, 
 9           obviously, if there's saliva, right, we're 
10           talking about -- 
11                  DMV COMMISSIONER SCHROEDER:  So, 
12           Assemblymember, thank you for the question --
13                  ASSEMBLYWOMAN SIMON:  How can you 
14           confirm that somebody's going to be 
15           intoxicated?  
16                  DMV COMMISSIONER SCHROEDER:  So -- 
17           sorry to interrupt you.
18                  ASSEMBLYWOMAN SIMON:  No, no, 
19           that's --
20                  DMV COMMISSIONER SCHROEDER:  Thank you 
21           for your question.  As you indicated, it is 
22           in the Governor's budget, TED Part E, to 
23           strengthen drugged driving laws.  And this 
24           subject matter did come up quite a bit in our 
                                                                   434
 1           discussion last year.  
 2                  This also came up in the Governor's 
 3           State of the State address.  And this 
 4           expands, this expands the definition of drug 
 5           and adds definition for impaired and 
 6           intoxication.  It also adds penalties for 
 7           refusing chemical drug testing.  And it also 
 8           expands reasons for suspending a driver's 
 9           license to include drugged driving.
10                  Now, to your question, I must tell you 
11           I got a D in anatomical kinesiology, but I'll 
12           do my best here to give you this information.  
13           A chemical test can detect alcohol, 
14           amphetamines, opiates, cocaine, cannabis.  So 
15           I think this is one of the reasons why this 
16           initiative is so important, because it does 
17           fit also with our drug recognition experts 
18           that we have across the state who are 
19           incredible and they do a great job.
20                  ASSEMBLYWOMAN SIMON:  So I guess my 
21           question is, what is the level at which -- 
22           like we have a definition of blood alcohol 
23           content, right, which I think should be 
24           lower, but we have one.  
                                                                   435
 1                  We don't really have a level of how 
 2           much of X drug or how much amphetamine or how 
 3           much whatever.  Is there new science on that 
 4           that you have learned about that we can 
 5           actually know that information?
 6                  DMV COMMISSIONER SCHROEDER:  So this 
 7           is the reason why the drug recognition 
 8           experts are so important and we have so many 
 9           of them across New York State.  And they're 
10           working with all sorts of law enforcement 
11           agencies in all the regions and New York 
12           City.
13                  CHAIRMAN PRETLOW:  Thank you.
14                  Assemblywoman Romero.
15                  ASSEMBLYWOMAN ROMERO:  Good afternoon, 
16           Commissioner.  And I'm just jumping off of 
17           that last question.
18                  DMV COMMISSIONER SCHROEDER:  Okay, 
19           sure.  Sure.
20                  ASSEMBLYWOMAN ROMERO:  I share that 
21           concern.  I'm concerned with the language 
22           about impairment but, more specifically, the 
23           level of impairment about any substance.  For 
24           example, one could be impaired by coffee or 
                                                                   436
 1           caffeine, and that could potentially trigger 
 2           a violation of this section of the VTL and 
 3           therefore an arrest and a court date, 
 4           correct?  
 5                  DMV COMMISSIONER SCHROEDER:  Correct.
 6                  ASSEMBLYWOMAN ROMERO:  Right.  And so 
 7           that's very troubling, I think, to many -- 
 8           that could be potentially very troubling to 
 9           many members here.  And that's something that 
10           I would hope many people might reconsider in 
11           this upcoming budget, because to be impaired 
12           by coffee or by caffeine is something that I 
13           don't know if that should be codified within 
14           our VTL.  
15                  I understand that there is a desire to 
16           catch larger violations of drugged drivers.  
17           And I think that maybe there's a 
18           consideration to look at other violations of 
19           the substances.  Maybe we can expand that 
20           list for the ever-changing drugs in that 
21           section.  
22                  DMV COMMISSIONER SCHROEDER:  Yeah --
23                  ASSEMBLYWOMAN ROMERO:  Is there a 
24           suggestion there?
                                                                   437
 1                  DMV COMMISSIONER SCHROEDER:  I just 
 2           want to come back.  I'm unaware of the 
 3           coffee/caffeine thing.  So we'll double-check 
 4           that for you.  
 5                  But the real emphasis here is that we 
 6           have drug recognition experts who will be 
 7           called to the scene, or a police officer will 
 8           do what they do roadside.  Right?  And we 
 9           have roadside police, police that we've 
10           trained, over 7,000 of them in New York 
11           State.  They are equipped.  They know what to 
12           do.  And they will then be able to make the 
13           chemical determination.  And so I think it 
14           would be a very fair process.
15                  ASSEMBLYWOMAN ROMERO:  Yeah.  And I 
16           was just using caffeine as an example of a 
17           stimulant, but I think in the language, 
18           proposed language itself it was expanding the 
19           definition of impairment to be any substance 
20           that could impair one's regular functioning.  
21           Right?
22                  DMV COMMISSIONER SCHROEDER:  I don't 
23           know about that, because the intent here is 
24           for the drugged driver.  That is the intent 
                                                                   438
 1           of this.  And so we're really going to have 
 2           to go through the detail of the bill to make 
 3           sure that what your concern is, whether it's 
 4           there or not, so that you all will be able to 
 5           do your job.
 6                  ASSEMBLYWOMAN ROMERO:  Of course.  
 7           just my main concern is that if the language 
 8           is too vague, it could catch potential 
 9           non-criminal-type concerns and that --
10                  DMV COMMISSIONER SCHROEDER:  No, 
11           understood.  Thank you.
12                  CHAIRMAN PRETLOW:  Thank you.  
13                  And Commissioner Schroeder, I go back 
14           to a time when it was preferable to go to the 
15           dentist and have two root canals and an 
16           extraction without anesthetic.  
17                  (Laughter.)
18                  CHAIRMAN PRETLOW:  Okay?  The Motor 
19           Vehicle Department is a dream to go through 
20           now.  It really is.  I know it started a 
21           little bit before you, but you've kept it up 
22           and it's really going well.
23                  I just have a couple of questions for 
24           you.  REAL ID.  A passport isn't good enough 
                                                                   439
 1           for REAL ID?  You require two bills to -- why 
 2           is that?
 3                  DMV COMMISSIONER SCHROEDER:  Yeah, the 
 4           answer is yes.  So the federal government is 
 5           saying that in order for you to be REAL ID- 
 6           compliant, you would have to have -- in our 
 7           state you would have a REAL ID and/or an 
 8           enhanced driver's license or a passport is 
 9           REAL ID-compliant.  And so New Yorkers who 
10           have that are going to have no trouble going, 
11           after May 7th, to fly domestically.
12                  CHAIRMAN PRETLOW:  So if I have my 
13           passport and my driver's license, I'm good?  
14                  DMV COMMISSIONER SCHROEDER:  All you 
15           really need is your driver's license, which 
16           is a REAL ID.  You need to have a REAL ID, 
17           which would be --
18                  CHAIRMAN PRETLOW:  Right, but to get 
19           that designation of REAL ID you have to go to 
20           Motor Vehicles with certain proofs of 
21           identification.  
22                  So my question is, can I go to the 
23           Motor Vehicle Department with just my 
24           passport and have them give me the REAL ID 
                                                                   440
 1           star or stamp or whatever they put on it?
 2                  DMV COMMISSIONER SCHROEDER:  Yeah, so 
 3           the answer is no.  When you go to the DMV -- 
 4           and I'm glad to assist you, Assemblymember -- 
 5           you would want to bring with you your U.S. 
 6           birth certificate, U.S. passport or foreign 
 7           passport with proof of lawful status, a 
 8           United States Social Security card or other 
 9           proof of the Social Security number, two 
10           proofs of New York State residency, proof of 
11           name change if there was a marriage or 
12           divorce.  
13                  These are federal requirements, and 
14           that's what you would have to bring in to a 
15           DMV office to get a REAL ID.
16                  CHAIRMAN PRETLOW:  Okay.  That's what 
17           I thought, there's a lot of things that we 
18           need.
19                  So I can go to the airport and go to 
20           Istanbul with just my passport, but I can't 
21           go to Chicago.  After the 15th.
22                  DMV COMMISSIONER SCHROEDER:  You would 
23           go where?  Where do you want to go?
24                  CHAIRMAN PRETLOW:  Istanbul.  Only 
                                                                   441
 1           using my passport.  I don't need REAL ID, I 
 2           need a passport.  
 3                  But I want to go to Chicago, I need a 
 4           birth certificate, my Social Security 
 5           number -- 
 6                  DMV COMMISSIONER SCHROEDER:  Yeah.  
 7           So, Assemblymember, this is because of what 
 8           happened on 9/11.  This is the commission who 
 9           then the -- the Congress then codified this.  
10           This is a law.  This is a REAL ID 
11           requirement.  
12                  And so this is not DMV, this is the 
13           federal government.  And these are all the 
14           things you would have to do in order to come 
15           into a DMV office.  You cannot do it online 
16           like you can 77 other transactions at DMV.  
17           These are federal requirements.
18                  CHAIRMAN PRETLOW:  Okay, I understand.  
19           I just thought it was a little strange that I 
20           need so much to fly locally, domestically, 
21           and I don't need as much to fly 
22           internationally.  But I understand it's a 
23           federal rule and it's a little --
24                  DMV COMMISSIONER SCHROEDER:  Thank 
                                                                   442
 1           you.
 2                  CHAIRMAN PRETLOW:  Well, I won't go 
 3           there.  I remember a time when --
 4                  CHAIRWOMAN KRUEGER:  No country's 
 5           going to let us in anyway.
 6                  CHAIRMAN PRETLOW:  That is true.  
 7                  I remember when you couldn't have a -- 
 8           remember those little scooter things with the 
 9           two wheels, a Segue?  You needed insurance, 
10           you needed a helmet.  And Segue never made it 
11           in New York because of so many requirements.  
12                  Now people are zipping around on all 
13           types of motor vehicles -- no helmet, no 
14           license, nothing, not obeying traffic laws.  
15           And it just seems to just flow.  
16                  I should know this; I've been here 
17           long enough.  But when did we change the 
18           rules to allow motorized vehicles not having 
19           to comply with those rules?
20                  DMV COMMISSIONER SCHROEDER:  So, 
21           Mr. Chair, I think because of what has 
22           happened with micromobility and the e-bikes 
23           in particular.  Mopeds, you have to have a 
24           license and you have to register it.  
                                                                   443
 1           E-bikes, you do not have to.  And that is 
 2           probably the number of things -- motorized 
 3           vehicles you're seeing.  
 4                  And so this is something that I do 
 5           know that members of the Assembly and Senate 
 6           have legislation on.  But right now it is -- 
 7           it is not imperative for somebody who has an 
 8           e-bike to have a license and/or to register 
 9           it.
10                  CHAIRMAN PRETLOW:  So a little -- when 
11           I see little motorcycles, I don't know if it 
12           would be considered e-bikes.  They look like 
13           motorcycles, they sound like motorcycles.  I 
14           don't know if they're gas or 
15           electric-powered.  But they don't have plates 
16           on them, the drivers don't have helmets, and 
17           they disobey the rules like the bicycles -- 
18           you know, the regular bikes do.  
19                  I just think it's a problem.  And I 
20           inquired to my local police, and they told me 
21           that they don't chase them anymore because 
22           it's dangerous to them -- not them, the 
23           police, dangerous to people that are being 
24           chased.  
                                                                   444
 1                  So people know this and they just 
 2           flaunt the law.  And they know the police 
 3           aren't going to go after them.  I do know 
 4           that there was a time when New York City was 
 5           confiscating these vehicles; they had piles 
 6           of them.  But now they don't do that anymore 
 7           because ...
 8                  And fake license plates, I saw on the 
 9           news recently that people can go online and 
10           order New York State plates and they just 
11           stick them on and they look real.  Is that 
12           true?
13                  DMV COMMISSIONER SCHROEDER:  
14           Unfortunately, Mr. Chair, it is true.  And I 
15           think it's absolutely despicable that 
16           companies like Amazon are actually selling 
17           New York State replicant plates.  
18                  And so we are aware of it and we're 
19           doing what we can to see in communicating 
20           with all of you and others to see if there's 
21           anything that we can do to bring that to an 
22           end.
23                  CHAIRMAN PRETLOW:  Okay.  Because they 
24           said one of the ways to spot fake plates is 
                                                                   445
 1           that the fake plates are flat and the regular 
 2           New York plates are raised.  But my plates 
 3           are not faked, and they're flat.  You charged 
 4           me a lot of money for them.  
 5                  (Laughter.)
 6                  CHAIRMAN PRETLOW:  I'm just saying, 
 7           our plates are flat.  Right, Alex?
 8                  DMV COMMISSIONER SCHROEDER:  We 
 9           actually -- we actually have both in New York 
10           State.  We have different plates that aren't 
11           just flat.  
12                  So this is problematic.  And so we're 
13           aware of it.  We're concerned, as you are.  
14           And this is the reason why the Governor and 
15           the Legislature have these initiatives, you 
16           know, having to do with what is called ghost 
17           plates or fake plates.
18                  CHAIRMAN PRETLOW:  Okay.  Thank you.
19                  DMV COMMISSIONER SCHROEDER:  You're 
20           welcome.
21                  Mr. Executive Director, I want to 
22           thank you for all that you do. 
23                  I just have two questions for you.  
24                  When the trooper issues a speeding 
                                                                   446
 1           ticket on the Thruway, how are those funds 
 2           divided?
 3                  THRUWAY AUTHORITY EX. DIR. HOARE:  
 4           It's split between the state and the 
 5           locality.  I'd have to get you --
 6                  CHAIRMAN PRETLOW:  So whichever county 
 7           the ticket is written in, they get a 
 8           percentage?  
 9                  THRUWAY AUTHORITY EX. DIR. HOARE:  I'm 
10           sorry, is that for the work zone?
11                  CHAIRMAN PRETLOW:  Pardon?
12                  THRUWAY AUTHORITY EX. DIR. HOARE:  Is 
13           that for the work zone, speeding work zone?
14                  CHAIRMAN PRETLOW:  No, just anywhere 
15           on the Thruway.  If I'm coming to you and I 
16           get stopped in Saugerties -- I don't know 
17           what county that is -- you go to that 
18           county's court, how is -- and I get a hundred 
19           dollar fine, how is that split?  
20                  THRUWAY AUTHORITY EX. DIR. HOARE:  My 
21           understanding is that there's a split between 
22           the locality and the state.  But I can verify 
23           that and get back to you.
24                  CHAIRMAN PRETLOW:  And then the 
                                                                   447
 1           surcharge goes where?  
 2                  THRUWAY AUTHORITY EX. DIR. HOARE:  I 
 3           do not know where the surcharge goes.
 4                  CHAIRMAN PRETLOW:  And does any of it 
 5           go to the State Police themselves, or does 
 6           all of it go -- the state's portion go to the 
 7           State Police?  
 8                  THRUWAY AUTHORITY EX. DIR. HOARE:  I 
 9           don't believe it's dedicated to the State 
10           Police.  I know we --
11                  CHAIRMAN PRETLOW:  So it goes to the 
12           General Fund?
13                  THRUWAY AUTHORITY EX. DIR. HOARE:  I 
14           believe so.  The State Police -- well, the 
15           Troop C State Police budget is paid for by 
16           the Thruway Authority.  This year that's 
17           about $71 million.  
18                  CHAIRMAN PRETLOW:  Okay, thank you. 
19                  And just before -- I have a minute and 
20           a half left.  And, you know, City & State 
21           recently made a comment about my eyesight, 
22           and I've also mentioned to you about the 
23           reflectiveness of the lane markers.  And I 
24           find and I think many other people find it 
                                                                   448
 1           difficult seeing the lane markings in the 
 2           rain or at night.  And I just want to know 
 3           the difference in cost, say, per mile of the 
 4           flat paint that you're using now and, say, 
 5           the 3M Stamark, which is a reflective paint.  
 6           I know it's going to cost more, but I think, 
 7           you know, it will save lives.  Because most 
 8           accidents happen at night, even though most 
 9           drivers are driving during the day, because a 
10           lot of people can't see the lane markings and 
11           they go off the road.  
12                  So is there a marked difference, or is 
13           it a minor difference?  Or you're not sure?  
14                  THRUWAY AUTHORITY EX. DIR. HOARE:  
15           Well, because safety is always our primary 
16           concern, we're always looking at ways to 
17           enhance that safety.  Where there is a 
18           stretch that if there's a particular issue 
19           with some of those markings, that we get our 
20           maintenance folks to go out there and deal 
21           with it.
22                  CHAIRMAN PRETLOW:  I think it's the 
23           whole Thruway.  And I would just recommend if 
24           you would do a test program with these highly 
                                                                   449
 1           reflective lane markers, say, from the 
 2           New York City line to Albany.  That would -- 
 3           you know, just -- and then you can have a 
 4           large enough swath of the Thruway to see 
 5           whether the accidents are reduced and to what 
 6           extent.
 7                  THRUWAY AUTHORITY EX. DIR. HOARE:  I 
 8           will certainly look at that.  I know when we 
 9           do pavement, when we reconstruct the 
10           pavement, we apply the latest technology to 
11           the markings for that segment that's being 
12           reconstructed.
13                  CHAIRMAN PRETLOW:  Okay.  Thank you.  
14                  And thank you for what you did for me 
15           locally with my E-ZPass.
16                  So anyway, this concludes this section 
17           of our hearing.  I want to thank the two 
18           gentlemen here, and we're going to move on to 
19           Panel B.
20                  THRUWAY AUTHORITY EX. DIR. HOARE:  
21           Thank you.
22                  (Off the record; pause.)  
23                  CHAIRMAN PRETLOW:  Lady and gentlemen, 
24           welcome.  You are Panel B.
                                                                   450
 1                  So just for our media people upstairs, 
 2           could you just introduce yourselves before 
 3           you start your presentations, just so they'll 
 4           know which names to put up when it's time to 
 5           speak.
 6                  And then you'll each have three 
 7           minutes.  And members, you all have three 
 8           minutes for questioning.  So okay.
 9                  MR. MORRELL:  James Morrell.
10                  MR. BURRIDGE:  Mike Burridge.
11                  MR. PROPHET:  Gary Prophet, of ESPA.
12                  MR. O'MALLEY:  Rich O'Malley, of the 
13           New York Building Congress.
14                  MS. DAGLIAN:  I'm Lisa Daglian, from 
15           the Permanent Citizens Advisory Committee to 
16           the MTA, PCAC.
17                  CHAIRMAN PRETLOW:  Welcome one and 
18           all.
19                  MS. DAGLIAN:  Thank you.
20                  CHAIRMAN PRETLOW:  Which way do you 
21           want to start?
22                  MR. MORRELL:  I'll start it.
23                  Thank you.  Thank you, Chairwoman 
24           Krueger, Chairmen Pretlow, Cooney, Comrie, 
                                                                   451
 1           Magnarelli and Braunstein, and all of you 
 2           here today for supporting public transit, the 
 3           work we do and the New Yorkers who rely on us 
 4           every day. 
 5                  My name is James Morrell, president of 
 6           the New York Public Transit Association and 
 7           director of public transit for Niagara 
 8           Frontier Transportation Authority in Buffalo, 
 9           New York.  Earlier you heard from our largest 
10           member, the MTA, and we support their 
11           priorities.  My testimony focuses on the 
12           needs of transit systems in upstate New York 
13           and downstate suburbs.  
14                  Our systems are developing programs 
15           and services that improve mobility for 
16           customers and communities across New York.  
17           We're investing in improved services, better 
18           infrastructure, and strong partnerships.  
19           This has resulted in increased ridership and 
20           a demand for more service.  This is creating 
21           a new energy throughout the state as more 
22           New Yorkers rely on transit.  
23                  Now, we must respond by enhancing 
24           service and providing more connections 
                                                                   452
 1           throughout communities.  This includes having 
 2           resources to compete for quality employees, 
 3           addressing critical infrastructure needs, and 
 4           preparing for zero-emission fleets.  Better 
 5           service drives ridership and improves 
 6           communities.  This is proof positive of the 
 7           value of increased state operating aid to 
 8           transit.
 9                  Increasing state aid to non-MTA 
10           systems will result in more transit service 
11           to more people, spurring economic and 
12           community development.  We need this 
13           investment now.  We thank Governor Hochul for 
14           recognizing the importance of public transit 
15           in the Executive Budget, especially the 
16           increased capital funding.  But more 
17           investment is needed to expand the mobility 
18           choices of communities who are demanding and 
19           need to thrive, to fund expenses to operate 
20           more and better service, cover the rising 
21           costs of paratransit service, and offset the 
22           loss of federal COVID relief funds.
23                  To ensure that transit continues to 
24           support our communities, we recommend a 
                                                                   453
 1           15 percent increase in state operating 
 2           assistance to increase service across the 
 3           state, enact the Governor's proposed 
 4           219 million capital funding for non-MTA 
 5           systems, build on the Governor's non-MTA 
 6           capital funding to provide 1 billion over 
 7           five years as part of the action to fund the 
 8           MTA capital plan, restore the 26 million 
 9           annual appropriation for NFTA rail 
10           infrastructure, create a commission to 
11           address the limited dedicated revenue that 
12           funds upstate transit and report 
13           recommendations by December 1, 2025.
14                  Thank you for supporting public 
15           transit and the work that we do.  All our 
16           NYPTA members urge you to increase transit 
17           funding in the final state budget.
18                  CHAIRMAN PRETLOW:  Thank you.
19                  MR. BURRIDGE:  Hello.  My name is Mike 
20           Burridge.  I'm the director of government 
21           relations for ACEC New York.  
22                  I would like to first thank the State 
23           Legislature for last year recognizing the 
24           need to put additional money in the budget to 
                                                                   454
 1           enhance the New York State Department of 
 2           Transportation capital budget.  I think that 
 3           really laid good groundwork for this year and 
 4           really helped entice the Governor to put in 
 5           the $800 million for this year.  It's very 
 6           much needed.  And I think in a year when 
 7           we're focusing on public safety and 
 8           affordability, what other way to do it than 
 9           to invest in our public infrastructure, 
10           especially transportation.
11                  So it's -- again, we feel that this is 
12           necessary to continue on with the Core 
13           projects in the current NYSDOT capital plan.  
14           And, you know, in terms of safety, you know, 
15           we had the most recent Annual Highway 
16           Pavement and Bridge Conditions Report, which 
17           says that 11,400 -- which is about 65 percent 
18           of the state bridges -- are either in fair or 
19           poor condition, and about 17,000 lane-miles, 
20           which is about 45 percent, are in fair or 
21           poor condition.
22                  Following up on the economic impact of 
23           this, the National Transportation Research 
24           Nonprofit TRIP report says that combined road 
                                                                   455
 1           conditions, congestion and accidents cost 
 2           motorists about $3500 per motorist.  
 3                  Moving on, I'd like to also support 
 4           what has been said about the need for the MTA 
 5           capital plan.  ACEC New York supports a 
 6           robust MTA capital plan, and we hope that the 
 7           State Legislature and the Governor can find a 
 8           way forward to fund that.
 9                  Alternative delivery.  We are very 
10           encouraged to see that year after year more 
11           tools are being put in the toolbox for our 
12           state agencies and for the City of New York.  
13           This year it is mentioned in the State Budget 
14           that progressive design-build is to be 
15           included, although we would like to see it 
16           actually defined.  As of right now in the 
17           PPGG Article 7 it just notes progressive 
18           design-build, but we do feel like it should 
19           be actually defined in law.  We have subject 
20           matter experts that can help the State 
21           Legislature and the Governor's office do 
22           that.
23                  Work zone safety.  We commend the 
24           Governor's proposal to make the Automated 
                                                                   456
 1           Work Zone Speed Enforcement Program permanent 
 2           and to extend it to other properties around 
 3           the state.  We believe that the men and women 
 4           who are working on our roadways deserve this 
 5           protection and a safe work environment just 
 6           like anybody else in the state.
 7                  QBS is a hallmark of what we support 
 8           in terms of procuring architectural and 
 9           engineering services in New York State.  
10           That's qualification-based selection.  It's 
11           required by state agencies, it has been since 
12           1980, and at the federal level since 1972.  
13           Now is the time that we also extend that 
14           requirement to public authorities as well.
15                  Thank you.
16                  CHAIRMAN PRETLOW:  Thank you.
17                  MR. PROPHET:  Good afternoon, 
18           everyone.  I'm Gary Prophet, the president of 
19           the Empire State Passengers Association.  
20           We're a statewide nonprofit organization to 
21           improve intercity rail across New York State, 
22           with more reliable, frequent and faster 
23           Amtrak service, as well as maintaining an 
24           improved commuter service downtown and 
                                                                   457
 1           improved local bus service to the major 
 2           upstate cities, and expand the Buffalo Rail 
 3           Line up to Amherst.
 4                  Thank you to the Governor and 
 5           everybody else who has mentioned the funding 
 6           of the Livingston Avenue Rail Bridge.  That's 
 7           a critical bridge that connects the Albany 
 8           area to the cities to the west and to the 
 9           north.  It is a large project, replacing a 
10           bridge that is over a hundred years old.
11                  Also the Governor earlier had spoken 
12           about the Metro-North improvements between 
13           the Bronx and Poughkeepsie.  Although those 
14           do help the Hudson Line of Metro-North, 
15           they're primarily to assist the Hudson Line 
16           and Metro-North to improve their operations a 
17           little bit more than actually helping Amtrak.  
18           For example, one of the items is having a 
19           yard facility just north of the Poughkeepsie 
20           Station so that Metro-North does not park 
21           their trains on -- at the station, which then 
22           sometimes delays Amtrak service.  But of 
23           course it is needed to encourage the 
24           throughput of the entire system.  
                                                                   458
 1                  We would hope that the Governor would 
 2           also look at increasing the speeds of Amtrak 
 3           north of Cold Spring, which used to be 
 4           90 miles an hour about 10 years ago.  That 
 5           was removed after a series of incidents with 
 6           Metro-North that happened about 10 years ago, 
 7           and those changes, those increases in speed 
 8           were downgraded to 79 instead of the 90 that 
 9           they used to be, which impacts the timeliness 
10           of the service between New York and Albany, 
11           which is now longer than it was 10 years ago.
12                  Also we need to develop a robust state 
13           rail passenger plan across New York State.  
14           We need to fund more projects across New York 
15           State.  The New York State high-speed rail 
16           Tier 1 EIS, which was briefly mentioned 
17           earlier, that was a project that started in 
18           2010.  That was 15 years ago.  In 2023, 
19           Option 90B was decided, both with New York 
20           State and the FRA, as the preferred option.  
21           That needs to be funded and it needs to be 
22           going forward.  We know what needs to be done 
23           to improve the Empire Corridor, to improve 
24           interstate rail across New York State, and we 
                                                                   459
 1           need to do that as soon as possible and stop 
 2           looking at other options at this point.
 3                  We know what has to be done.  It's all 
 4           in the EIS.  It's been approved and it's been 
 5           studied for many decades.
 6                  As far as the East River Tunnels, 
 7           that's another project that will impact 
 8           Empire service, as currently since November 
 9           one round-trip has been taken away and 
10           there's a current plan, assuming the capital 
11           funding comes through, that two additional 
12           round trips will be coming out of Albany to 
13           New York City.  That is also something that 
14           should be tried to alleviate those issues, 
15           and we should work to have that improved into 
16           the future.
17                  Thank you.
18                  CHAIRMAN PRETLOW:  Thank you.
19                  MR. O'MALLEY:  Chairs, Senators, 
20           Assemblymembers, thank you for still being 
21           here to listen to us.
22                  My name is Rich O'Malley.  I'm the 
23           senior director of public affairs for the 
24           New York Building Congress.  And we're here 
                                                                   460
 1           today, all of us, looking to help advance 
 2           your effort to put forth a transportation 
 3           agenda that supports the growth and 
 4           prosperity of New York State.
 5                  The Building Congress represents over 
 6           500 constituent organizations, more than 
 7           25,000 skilled professionals.  And our 
 8           members are global leaders in the industry 
 9           working on over 30,000 projects totaling 
10           1.65 trillion across the U.S. alone.  They 
11           represent every stage of development and are 
12           dedicated to the vitality of the communities 
13           their projects serve.
14                  We firmly believe that a well-funded 
15           and efficiently managed transportation 
16           network is essential to maintaining 
17           New York's economic vitality and quality of 
18           life.  As such, we urge full funding of the 
19           Metropolitan Transportation Authority's 
20           five-year capital plan to ensure reliable, 
21           safe, efficient, accessible and modernized 
22           service across its network.  
23                  Additionally, we advocate for a robust 
24           Department of Transportation capital plan 
                                                                   461
 1           that addresses both maintenance and new 
 2           projects essential for statewide connectivity 
 3           and development.  Investment in major 
 4           projects such as new bridges, road expansions 
 5           and enhanced transportation networks is vital 
 6           for stimulating economic growth and ensuring 
 7           the future resilience of our transportation 
 8           infrastructure.
 9                  The Building Congress also supports 
10           innovative transportation initiatives such as 
11           the integration of new technologies and 
12           sustainable practices within the MTA and DOT 
13           projects.  These initiatives will not only 
14           improve operational efficiency but also 
15           contribute to the state's environmental 
16           goals.
17                  And I'm going to take a moment and 
18           just add to what Mike said and plug 
19           alternative delivery there as well for 
20           efficiency efforts moving forward.
21                  We are committed to collaborating with 
22           all stakeholders to advance these critical 
23           projects and policies.  Thank you again for 
24           always considering our members' perspectives 
                                                                   462
 1           on these important issues as we join the 
 2           Legislature in pursuit of transportation 
 3           strategies that will benefit all New Yorkers 
 4           for generations to come.
 5                  Thank you.
 6                  MS. DAGLIAN:  Good afternoon -- 
 7           evening.  I'm Lisa Daglian.  I'm the 
 8           executive director of the Permanent Citizens 
 9           Advisory Committee to the MTA, PCAC.  
10                  It's been a pleasure meeting with many 
11           of you this week and spending time, and I 
12           look forward to continuing that conversation.
13                  PCAC was created in 1981 as a result 
14           of the fiscal crisis of the '80s.  I'm not 
15           sure that we've ever really gotten out of 
16           that fully.  Our role is to represent the 
17           riders on New York City's subways, buses, 
18           Staten Island Rail, Long Island Rail Road, 
19           Metro-North.  And we've got three rider 
20           councils that do that and three non-voting 
21           members on the MTA Board.
22                  I am here to thank you for our 
23           existence but also to impress upon you, as 
24           others have, the importance of fully funding 
                                                                   463
 1           the MTA's capital plan.  If we could use 
 2           props, I would right now hold up our 24 ideas 
 3           for fully funding the capital program.  It's 
 4           available on our website, pcac.org.  And I 
 5           will also leave some for you if you'd like to 
 6           see them.
 7                  The capital plan -- as you have heard, 
 8           will hear, and continue to know -- for each 
 9           billion dollars of the plan that's spent, 
10           creates 5900 jobs, the majority of which are 
11           in New York State and in every single 
12           congressional district, in every district in 
13           the state -- also New Jersey, Connecticut, 
14           and as we continue out.
15                  We are also so extremely fortunate to 
16           have our transit champion, Senator Comrie, 
17           who is working with us to move forward our 
18           affordability goals.  And I would again hold 
19           up a flyer that showed you what they are.  
20           I'll leave some of those for you as well.
21                  They are our five platforms for moving 
22           forward in more equitable access to 
23           affordable transit, including giving seniors 
24           and disabled riders the ability to use their 
                                                                   464
 1           discounts in the morning peak on the 
 2           Long Island Rail Road and Metro-North, which 
 3           is the only time of day they currently cannot 
 4           do that.
 5                  Implementing a family fare, a 
 6           "mid-kid" fare, on the railroads so that 12- 
 7           and 17-year-olds aren't considered adults and 
 8           have to pay full fare.  It's great for 
 9           students, but it's also great for families 
10           going to a game or to a show.
11                  Implementing the CityTicket Weekly 
12           that we heard about.  Janno talked about how 
13           that would be great to bring back to the 
14           board and that the board members, you know, 
15           put that into play.  We've got three board 
16           members; they're nonvoting, so they can't 
17           even say I'd like to make a motion.
18                  We have an opportunity to change that, 
19           and we hope that you'll consider our Rider 
20           Representation Act -- again, carried by 
21           Senator Comrie and Assemblymember Dinowitz.  
22           And so many of you joined us in moving that 
23           forward last year.  We hope to do that again 
24           this year.
                                                                   465
 1                  We are also hoping to increase Fair 
 2           Fares to 200 percent of the federal poverty 
 3           level.  Right now it's at 145 percent, which 
 4           means that if you work at Chipotle or the 
 5           Gap, you make too much money.  So that just 
 6           really is not equitable.  Most people can't 
 7           even get to work.
 8                  And we'd like to see Fair Fares on the 
 9           commuter rails within New York City so people 
10           can get where they need to go, when they need 
11           to go there, the best way possible for them.
12                  Thank you very much on behalf of the 
13           riders.  Appreciate all you do.
14                  CHAIRMAN PRETLOW:  Thank you.
15                  Assemblyman Magnarelli, three minutes.
16                  ASSEMBLYMAN MAGNARELLI:  First of all, 
17           I just want to say to all of you, thank you 
18           very much.  I know that pretty much all of 
19           you have been sitting here all day.  And I do 
20           appreciate that and your testimony.
21                  The other thing I'd like to say is 
22           that most of the -- at least your staffs or 
23           your people have done business with my 
24           office.  And I look forward to the 
                                                                   466
 1           information that is given to us, the things 
 2           that concern you as the year goes on, not 
 3           only during the budget.  And I hope to 
 4           continue that.  So thank you very much for 
 5           being here.
 6                  CHAIRWOMAN KRUEGER:  Thank you.
 7                  Leroy Comrie, three minutes.
 8                  SENATOR COMRIE:  Thank you all for 
 9           being here also.  Thank you for your 
10           continued diligence and oversight and review 
11           of the issues of transportation in our 
12           community and our state.
13                  I look forward to working with all of 
14           you as we try to make sure that we improve 
15           transportation, that we improve equitability, 
16           and that we especially improve transparency 
17           so people can feel confident in their 
18           transportation systems.  It's important.
19                  As you heard, I asked Janno Lieber for 
20           another forensic audit.  I think only to make 
21           sure that we are keeping -- making everyone 
22           understand that they're in a better place 
23           than they were six years ago.
24                  No one's perfect, I've given up being 
                                                                   467
 1           perfect myself a long time ago.  Clearly a 
 2           system like the MTA is not perfect, but the 
 3           more that they can show that they're trying 
 4           to do their best, that would help the public.
 5                  I would just ask each of you what 
 6           would be your pet project that you'd like to 
 7           see in the next year.
 8                  MR. MORRELL:  I'll start there.  So 
 9           our main goal right now, NYPTA, the transit 
10           agencies outside of MTA is to make sure that 
11           we have adequate funding to provide the 
12           services that our constituents are looking 
13           for:  Extended BRT, making sure that we can 
14           provide services late-night, and extending to 
15           businesses that are locating in New York 
16           State to have services for them so we can get 
17           those individuals to those jobs.
18                  So our biggest thing is to provide the 
19           15 percent increase in STOA to make sure that 
20           we can provide that service.
21                  SENATOR COMRIE:  Thank you.
22                  Sir?
23                  MR. BURRIDGE:  Ensuring that that 
24           $800 million for the NYSDOT capital plan that 
                                                                   468
 1           was included in the executive proposal makes 
 2           it into the final budget, I think would be a 
 3           huge victory for all of our members and 
 4           everybody in the design and construction 
 5           industry, and every motorist in the state.
 6                  SENATOR COMRIE:  Thank you.
 7                  Sir?
 8                  MR. PROPHET:  Additional personnel in 
 9           the New York State DOT for passenger rail in 
10           order to move the EIS for high-speed rail 
11           across New York State further, as I said 
12           earlier.  I think you had actually stepped 
13           out then for a second.  But the EIS has 
14           been -- started 15 years ago.  It's the 
15           preferred option for 90B.  And I think we 
16           need to move forward on that.  Other options 
17           are far more expensive, and that just simply 
18           will not get done.  We need to move forward 
19           on 90B, and we need all of you to help that 
20           out in order to improve passenger rail 
21           service across the State of New York.
22                  SENATOR COMRIE:  Thank you.
23                  I have 26 seconds left.
24                  MR. O'MALLEY:  Our members are 
                                                                   469
 1           builders, they're looking to put shovels in 
 2           the ground.  So they're all about projects 
 3           and I would say that the moving on 
 4           Second Avenue Subway Phase 2 and 
 5           simultaneously beginning the planning for 
 6           Phase 3 would be of utmost importance to us, 
 7           as well as starting the process for -- which 
 8           we have -- on IBX.
 9                  SENATOR COMRIE:  Thank you.
10                  MS. DAGLIAN:  I don't have a lot of 
11           time, so I'm going to say I like everything.  
12           So I would like to see the capital and the 
13           operating.
14                  SENATOR COMRIE:  Thank you.
15                  CHAIRMAN PRETLOW:  Assemblyman Miller.
16                  (No response.)
17                  CHAIRMAN PRETLOW:  Assemblyman 
18           Braunstein.
19                  (No response.)
20                  CHAIRMAN PRETLOW:  Assemblyman Ra.
21                  (No response.)
22                  CHAIRMAN PRETLOW:  Okay.  
23           Assemblywoman Shimsky.
24                  ASSEMBLYWOMAN SHIMSKY:  Thank you, 
                                                                   470
 1           Mr. Chairman.
 2                  It's really great that we got that 
 3           $800 million infusion this year, but going 
 4           forward we know we're going to need to 
 5           continue infusions of funding to catch up to 
 6           where we have to be.  How do we keep the 
 7           momentum going in terms of interest in 
 8           continuing long-term capital investment?
 9                  MR. PROPHET:  I would say the first 
10           thing that needs to be done is a series of 
11           steps.  You don't want to come out with a 
12           plan that has something that has no 
13           deliverables until 10 years in the future, 
14           because then people tend to lose focus.
15                  So, for example, on the Second Avenue 
16           Subway we got part of it opened, then we have 
17           another part opened.  For example, as the 
18           Governor said on improving the Hudson Line on 
19           Metro-North, some funding is there to improve 
20           some items with the Hudson Line and some of 
21           Metro-North's concerns, then we need to have 
22           the next phase after that in order to improve 
23           some of the inner-city service up to Albany 
24           and across New York State.  
                                                                   471
 1                  So a series of steps where you have a 
 2           lot of things that both legislators and the 
 3           public can see done immediately, or within a 
 4           couple of years, is better than something 
 5           that just takes too long to see any benefits 
 6           from.
 7                  MR. MORRELL:  So there are capital 
 8           needs across the state.  New York has great 
 9           capital needs.  NFTA, in particular, looking 
10           for a $26 million infusion to take care of 
11           their rail system.  It's the only rail system 
12           outside of New York City.  It's a 40-year 
13           system, and we need to make sure that we're 
14           able to move that system for another 40 
15           years.  All the upstate systems have capital 
16           needs, and we want to make sure that they'll 
17           be able to do that.
18                  ASSEMBLYWOMAN SHIMSKY:  With 
19           high-speed rail in particular, do we have an 
20           idea how -- I mean obviously you don't have 
21           an exact estimate, especially since you don't 
22           know when it's going to be built.  What is 
23           the magnitude of expense involved?
24                  MR. PROPHET:  Well, the first thing 
                                                                   472
 1           that needs to be done is to have equipment to 
 2           take care of the customers now.  For example, 
 3           the ridership west of Albany was actually 
 4           down in December of '24 compared to December 
 5           of '23 because there simply wasn't enough 
 6           equipment to carry the passengers, and there 
 7           were several five, six days in a row where 
 8           every single seat was taken.  
 9                  So you need a series of improvements 
10           starting with more coaches and more 
11           equipment, and then gradually upgrade the 
12           speed and also reduce the areas of low speed.  
13           There's still a lot of areas where the train 
14           goes 30, 40, 50 miles an hour when those 
15           could be easily upgraded to 60, 65, 70, 
16           79 miles an hour in many areas, which would 
17           make the trains slightly faster than driving 
18           as compared to today where driving is 
19           slightly faster than taking the train.  Only 
20           with the weather this morning, my guess is it 
21           may have been the reverse.
22                  But in general, you can probably drive 
23           a little faster, but that needs to change.
24                  ASSEMBLYWOMAN SHIMSKY:  Okay, thank 
                                                                   473
 1           you very much.  Resiliency -- that's my time. 
 2                  (Laughter.)
 3                  CHAIRMAN PRETLOW:  Assemblyman Bores.
 4                  ASSEMBLYMAN BORES:  Thank you all for 
 5           being here.
 6                  My questions are for ESPA President 
 7           Gary Prophet, and I'm just going to -- it's 
 8           about Amtrak.  And I'm just going to ask one 
 9           question, because there's only two more 
10           trains out of Albany tonight, and I want to 
11           make it home. 
12                  Your written testimony refers to 
13           account contracts that states have with 
14           Amtrak to -- that have incentives to -- we 
15           pay more if it's on-time and good service and 
16           have penalties if it's mediocre.  That's a 
17           fascinating thing I hadn't heard before.  How 
18           widespread is that?  Do states do that?  How 
19           long would it take for New York to get that 
20           implemented?  That's just a fascinating 
21           concept I hadn't heard.
22                  MR. PROPHET:  Yeah, Virginia has that 
23           now.  I don't have all the details of how 
24           Virginia has it, but they do have a program 
                                                                   474
 1           with incentives.  They're probably the state 
 2           that's the furthest ahead.  California also 
 3           has some.  
 4                  But Virginia's probably the closest 
 5           model to what New York has with that.  
 6           Because, you know, you need a really close 
 7           partnership in order to improve the service.  
 8           And, you know, there's a lot of things with 
 9           the service that needs to be improved to be 
10           able to be a more important part of 
11           transportation in the state.
12                  ASSEMBLYMAN BORES:  Got it.  I would 
13           love any more information you have on that, 
14           and a follow-up.
15                  MR. PROPHET:  I'll send you some 
16           information about Virginia, then.
17                  ASSEMBLYMAN BORES:  Thank you.  
18           Appreciate it.
19                  CHAIRMAN PRETLOW:  Assemblyman 
20           Palmesano.
21                  ASSEMBLYMAN PALMESANO:  Yes, my 
22           question is for Mr. Burridge.
23                  There's been a lot of talk about the 
24           CHIPS program, and it's a very important 
                                                                   475
 1           priority for a number of us -- certainly for 
 2           our local towns, villages, and counties, 
 3           because that money goes right to our local 
 4           infrastructure.
 5                  I know your members work with our 
 6           municipalities in designing important 
 7           projects, whether it's bridges, culverts, 
 8           roads, whatever it might be.  It's been flat.  
 9           The Governor's proposing a flat CHIPS budget 
10           to match last year's, so it will be two years 
11           in a row.  And the statistics have come out, 
12           the Federal Highway Administration said the 
13           highway construction costs for the past three 
14           years have increased 70 percent.
15                  What are you seeing with your members 
16           with how these inflationary increases and 
17           impacts are having on local communities being 
18           able to address their critical infrastructure 
19           needs?
20                  MR. BURRIDGE:  Similar to the NYSDOT 
21           capital plan, you know, we would also support 
22           an increase to CHIPS as well, to make sure 
23           that those inflationary pressures which we're 
24           seeing with that capital plan, with all the 
                                                                   476
 1           capital plans around the state, that would 
 2           maintain pace with that -- and that those 
 3           very important projects, just as important as 
 4           the NYSDOT projects, can get done as well.
 5                  So yes, we would support an increase 
 6           to CHIPS as well.
 7                  ASSEMBLYMAN PALMESANO:  Okay.  So you 
 8           would see -- you definitely see the 
 9           inflationary impact that this is having on 
10           our local communities, correct?
11                  MR. BURRIDGE:  Yes.
12                  ASSEMBLYMAN PALMESANO:  As far as 
13           their ability to do projects, right?
14                  MR. BURRIDGE:  Horizontal 
15           infrastructure, vertical infrastructure, it 
16           is all having -- it's having an impact, yes.
17                  ASSEMBLYMAN PALMESANO:  And given 
18           that, and given I know at a hearing recently 
19           the highway superintendents say they've got 
20           some preliminary results from a study showing 
21           that with the electric school bus mandate, 
22           the wear and tear that it has on our roads, 
23           given the fact that a regular or near-zero 
24           emission diesel bus, axle per axle, is 10 
                                                                   477
 1           tons, on an electric school bus, the front 
 2           axle is 14 tons, the rear axle is 25 tons.  
 3           The results have come out and saying -- 
 4           usually there's a 10-year useful life; 
 5           they're saying it's going to decrease that 
 6           useful life by 20 percent.  And also the 
 7           increase the cost per mile for maintenance by 
 8           20,000 to $50,000 and total reconstruction by 
 9           550,000 -- these are increases.  These aren't 
10           totals.
11                  Given that, and with the inflationary 
12           increases, wouldn't you also see this as more 
13           of a justification for an increase in the 
14           CHIPS program to help meet these critical 
15           infrastructure needs for our local 
16           municipalities, given the tax cap and other 
17           challenges they have?
18                  MR. BURRIDGE:  If we're trying to meet 
19           the CLCPA goals, you know, any type of 
20           peripheral support to help meet those I think 
21           would be appropriate.  So yes.
22                  ASSEMBLYMAN PALMESANO:  Okay, thank 
23           you.
24                  CHAIRMAN PRETLOW:  Thank you.  That 
                                                                   478
 1           does it for questioning for this group.  We 
 2           appreciate your testimony.
 3                  And I'm calling Panel C.
 4                  CHAIRWOMAN KRUEGER:  Okay, so Panel C 
 5           is Associated General Contractors, 
 6           Construction Industry Council of Westchester 
 7           and Hudson Valley, New York State County 
 8           Highway Superintendents Association, New York 
 9           State Association of Town Superintendents of 
10           Highways, Rebuild NY Now, and Saint Regis 
11           Mohawk Tribe.  If everybody would head up.
12                  And then if Panel D people are still 
13           in the room and they want to head towards the 
14           front to be ready for the next panel, thank 
15           you.
16                  Hi, everyone.  So what we're going to 
17           do is first we'll just go down and you'll 
18           each introduce yourself so that the folks in 
19           the back know whose name to put on the screen 
20           when you actually testify.  So if you would 
21           just start here and go down.
22                  Hi.
23                  MR. COONEY:  John Cooney, Jr., 
24           Construction Industry Council of Westchester 
                                                                   479
 1           and the Hudson Valley.
 2                  MR. PACHOLCZAK:  Walter Pacholczak, 
 3           vice president of government affairs for the 
 4           associated general contractors of New York 
 5           State.
 6                  MR. HIFFA:  Fred Hiffa, Rebuild NY 
 7           Now.
 8                  MR. MUSTICO:  Matt Mustico, highway 
 9           superintendent of the Town of Elmira, 
10           Chemung County.
11                  MS. THOMAS:  Colleen Thomas, 
12           Saint Regis Mohawk Tribe.
13                  MR. HAJOS:  Kevin Hajos, president, 
14           New York State County Highway Superintendents 
15           Association.
16                  CHAIRWOMAN KRUEGER:  Okay.  So why 
17           don't we start on this side (indicating).  
18           We'll just go down that way.  Thank you.  
19                  MS. THOMAS:  {In Mohawk language} --
20                  CHAIRWOMAN KRUEGER:  You know what, we 
21           have to get a mic closer to you.
22                  MS. THOMAS:  And raise it up, too.
23                  CHAIRWOMAN KRUEGER:  Thank you.
24                  MS. THOMAS:  {In Mohawk language.}  
                                                                   480
 1           Thank you for allowing me to testify before 
 2           the Joint Legislative Budget Committee.  
 3                  Chairpersons Krueger and Pretlow, 
 4           Transportation Chairs Cooney and Magnarelli 
 5           and the distinguished members present, I 
 6           appreciate the opportunity to share my 
 7           experiences.  My name is Colleen Thomas.  I'm 
 8           the director of planning and infrastructure 
 9           for the Saint Regis Mohawk Tribe.  We're 
10           located way upstate, along the Canadian 
11           border between Massena and Malone.
12                  In addition to operating water and 
13           sewer treatment plants and managing our 
14           capital construction projects, the planning 
15           and infrastructure division is responsible 
16           for the tribe's transportation program and 
17           the Mohawk Territory of Akwesasne.
18                  I would like to relay the conditions 
19           of the approximately 136 miles of local roads 
20           under the purview of the New York State 
21           Department of Transportation.  As established 
22           by Highway Law 53, that obligates the state 
23           to maintain highways it constructs on Indian 
24           Reservation lands.
                                                                   481
 1                  During my 20-year tenure at planning 
 2           and infrastructure, we have reconstructed and 
 3           repaired 24.6 miles of our local roads, in 
 4           partnership with the Bureau of Indian Affairs 
 5           and NYSDOT.  For most of that time, our 
 6           relationship with NYSDOT and the 
 7           Franklin County Highway Department has been 
 8           cooperative and very productive.  However, 
 9           after the recession in 2008-2009, the 
10           previous administration cut funding to 
11           Franklin County, and as a result the services 
12           they provide have steadily declined.  
13                  This lack of funding is grossly 
14           evident.  In my daily commute I traverse 
15           about five miles of State Route 37, where I 
16           must dodge potholes and pavement cracks the 
17           entire way.  The last time New York State DOT 
18           funded a project on this stretch of road was 
19           in 2011.
20                  Without your support, this major 
21           North Country thoroughfare continues to 
22           deteriorate.  Route 37 sees an average of 
23           more than 15,000 vehicles daily, compared to 
24           6500 on nearby State Street, where I stayed 
                                                                   482
 1           last night.
 2                  In the past year or so, members of the 
 3           current administration and NYSDOT officials 
 4           have made a concerted effort to improve 
 5           dialogue with the Saint Regis Mohawk Tribe.  
 6           Going forward, we want to be active partners 
 7           in the overall transportation safety in the 
 8           North Country.  I traveled here today to 
 9           request annual set-aside funding for NYSDOT, 
10           particularly for Franklin County, so they may 
11           fulfill their legal obligation to properly 
12           maintain roads in and around Akwesasne.
13                  MR. MUSTICO:  Good evening, 
14           Chair Krueger, Chair Pretlow, and other 
15           members of the State Legislature.  I am 
16           Matt Mustico, highway superintendent for the 
17           Town of Elmira -- and also president of the 
18           New York State Association of Town 
19           Superintendents of Highways -- in Chemung 
20           County.
21                  With me representing New York State 
22           County Highway Superintendents is their 
23           president, Kevin Hajos, P.E., superintendent 
24           of public works in Warren County.
                                                                   483
 1                  As always, we appreciate the annual 
 2           opportunity to discuss the Executive Budget 
 3           proposal and report to you on the conditions 
 4           and needs of New York State's local 
 5           transportation systems.
 6                  We would like to begin by thanking all 
 7           of you and your colleagues for your steadfast 
 8           support of local roads, bridges and culverts.  
 9           As you know, our collective membership and 
10           union workforce is responsible for ensuring 
11           the safe operation of 87 percent of the 
12           state's public roads, half of the bridges, 
13           and plowing not only the huge system of our 
14           own, but over a quarter of the New York State 
15           Department of Transportation's roads.  This 
16           massive local system is owned by 1,600 local 
17           governments and consists of over 
18           97,000 centerline miles of roadways and 
19           8,600 highway bridges.  Every time there's a 
20           weather event, whether it's major snow 
21           accumulation, freezing temperatures, or 
22           severe flooding, the hardworking people on 
23           our local crews ensure New York's drivers get 
24           to and from work, homes, schools, hospitals 
                                                                   484
 1           and other destinations safely.
 2                  In the Executive Budget, Governor 
 3           Kathy Hochul kept the state's local highway 
 4           and bridge funding programs flat while she 
 5           added $800 million to the New York State 
 6           Department of Transportation Core Road and 
 7           Bridge Program.  In her budget briefing book, 
 8           she noted the need to restore the purchasing 
 9           power of the NYSDOT capital plan to address 
10           rising construction costs and ensuring that 
11           projects remain on track.  This additional 
12           funding is necessary to slow asset 
13           deterioration.  
14                  We agree state roads need investment 
15           but the Governor should have stepped up and 
16           also provided increased CHIPS funding for 
17           New York State's massive locally owned road 
18           and bridge system.  Record high inflation 
19           rates for highway construction materials have 
20           severely increased costs and, as a result, 
21           local governments are seeing a significant 
22           reduction in the real dollar value of local 
23           highway maintenance programs.  
24                  It is critical that an additional 
                                                                   485
 1           $250 million be added to the 2025-'26 budget 
 2           for local highway programs like CHIPS.  This 
 3           will allow us to recoup some of the real 
 4           funding value we lost to inflation since the 
 5           five-year program was initially adopted in 
 6           2022.  We are requesting that five of the 
 7           state's local road assistance programs be 
 8           combined into two programs to --
 9                  CHAIRWOMAN KRUEGER:  I'm sorry, I have 
10           to cut you off, sir.  The clock went off.  
11           Thank you.  
12                  Next?
13                  MR. HAJOS:  Good afternoon.  I'm Kevin 
14           Hajos.  I'm the president of the New York 
15           State County Highway Superintendents 
16           Association, and I'm also the superintendent 
17           of public works for Warren County. 
18                  I first want to thank Chair Krueger, 
19           Chair Pretlow, Chair Cooney and Chair 
20           Magnarelli, and all of you for your steadfast 
21           support of local roads, bridges and culverts.
22                  The BRIDGE-NY program directs federal 
23           and state funding to local bridges and 
24           culverts throughout the state.  We are 
                                                                   486
 1           currently in the fifth round of BRIDGE-NY 
 2           programs.  Through periodic reviews and 
 3           modifications, the program's administration 
 4           process has become more efficient and there's 
 5           much more of a regional balance of projects.  
 6           This is due to New York State DOT 
 7           implementing the program through the existing 
 8           capital program planning process instead of 
 9           the statewide solicitation.  That's the 
10           positive.
11                  The negative:  The number and value of 
12           project applications far exceed the funding 
13           available for each region.  Of the 
14           applications submitted for all five rounds, 
15           41 percent of bridges and 19 percent of 
16           culverts were funded.
17                  In previous years the Legislature has 
18           responded to the dire conditions of the 
19           state's transportation needs and augmented 
20           CHIPS and other local transportation funding.  
21           But more is required.  Funding shortages mean 
22           that many local governments cannot apply 
23           pavement preservation strategies to extend 
24           the life of the road networks which they 
                                                                   487
 1           have, which eventually leads to more costly 
 2           rehabilitation or reconstruction down the 
 3           road.
 4                  For smaller towns or counties, this is 
 5           their budget.  This is all they have to 
 6           repair the road network.  This is their 
 7           lifeblood.
 8                  Based on these conditions and the 
 9           rising costs, we would like to make the 
10           following requests:  Support combining the 
11           following three programs into CHIPS.  These 
12           would include an increase of CHIPS by 
13           $250 million, to 848.1 million; maintain your 
14           Extreme Winter Recovery Funding of 
15           100 million, and then maintain the State 
16           Touring Route funding of 140 million.
17                  We would also like you to support 
18           combining the following two programs into a 
19           combined Pave Our Potholes program totaling 
20           250 million annually.  This includes 
21           maintaining the PAVE-NY funding of 
22           150 million, and maintaining the POP funding 
23           for 100 million.
24                  We would also like your support for 
                                                                   488
 1           maintaining the Marchiselli program for 
 2           39.7 million, and for maintaining the local 
 3           BRIDGE-NY program at 200 million annually. 
 4                  We would also ask the support of 
 5           adding language to the budget to amend the 
 6           Highway Law to increase the bid threshold 
 7           from 350,000 to $1 million or even 
 8           eliminating it altogether.  This will provide 
 9           more flexibility to municipalities to pursue 
10           more cost-effective options on behalf of the 
11           taxpayers, bid projects or perform the work 
12           in-house while still being eligible for state 
13           reimbursement.  
14                  As public officials we understand the 
15           difficulty of trying to meet all of our 
16           constituents' needs with limited resources.  
17           We must work together so that all state and 
18           local critical infrastructure needs are 
19           addressed.
20                  Thank you.
21                  MR. PACHOLCZAK:  Good evening, Chair 
22           Krueger, Pretlow, Magnarelli and ranking 
23           members, and all the members that are here 
24           today.  Thank you for your time.  I know it's 
                                                                   489
 1           late in the day, and I'll be very quick here.  
 2                  AGC has three priorities in this 
 3           upcoming budget.  First and foremost, we'd 
 4           like to thank Governor Hochul for putting 
 5           $800 million for the Core DOT program in that 
 6           budget.  Between the Governor, Commissioner 
 7           Dominguez and the staff at DOT, they've done 
 8           an extraordinary job with this budget, in our 
 9           opinion.  We think it makes a big impact on 
10           some of the inflationary pressures that our 
11           budget has seen over the past three years.
12                  But also it's important as a job 
13           creator, and to support small businesses as 
14           well.  And as Mike Burridge said from ACEC, 
15           it helps to make New York more affordable by 
16           reducing the cost to motorists for things 
17           like car repairs, accidents and, more 
18           importantly, traffic safety.
19                  Two legislative priorities that are 
20           supported by AGC that the Governor put in her 
21           bill were to make permanent and expand the 
22           Work Zone Speed Camera Program.  I think we 
23           all know the results of that program -- 
24           triple-digit speeds captured in some areas.  
                                                                   490
 1           It is really frightening when you talk to 
 2           people that actually work on highway 
 3           roadsides, as the Assemblymember's husband 
 4           does there.  I don't need to tell you how 
 5           scary that can be.
 6                  Also, to close the loophole Part R for 
 7           enhanced transportation worker protections.  
 8           Last year the Legislature and the Governor 
 9           agreed to do that for ferry workers and for 
10           transit workers.  Highway workers also 
11           deserve those types of protections.
12                  One final comment on the MTA capital 
13           program.  Our members build the lion's share 
14           of all infrastructure in this state, whether 
15           it's public or private.  MTA is a vital, 
16           vital portion of our multimodal 
17           transportation infrastructure system that 
18           requires your attention.  So I'm here before 
19           the Legislature today to ask you to support 
20           the Governor's budget, the two legislative 
21           proposals there, so that we can Rebuild NY 
22           Now.
23                  MR. COONEY:  Thank you, Walter.
24                  Thank you, Chair Krueger, 
                                                                   491
 1           Chair Pretlow, Chair Magnarelli, and all of 
 2           the members of the New York State Senate and 
 3           Assembly for hanging in there with us.  I 
 4           appreciate it.  We all do.
 5                  I'm going to really echo much of what 
 6           Walter has just said.  We fully support and 
 7           thank the Governor for stepping up and 
 8           proposing an $800 million increase to the 
 9           New York State DOT capital plan Core program.  
10           It was necessary.  Inflation has just taken 
11           the buying power out of all that has gone on 
12           here.
13                  I would then press on just a little 
14           bit with that same inflation message.  To be 
15           equivalent to what's going on, the CHIPS 
16           program needs to increase.  And, you know, 
17           that $250 million, if you do the math on the 
18           inflationary hit of the funding that CHIPS 
19           has and what the Core program has, the 
20           250 million lines up.  And it's necessary, 
21           and I think many of you know; people that are 
22           riding on the roads, they don't know if it's 
23           a state road or a local road, they just want 
24           it fixed.
                                                                   492
 1                  Just moving on -- and then, you know, 
 2           I'm going to repeat this, but I am from the 
 3           Hudson Valley, which is represented by NYSDOT 
 4           Region 8.  It has and continues to have the 
 5           worst road and bridge conditions in New York 
 6           State -- I think it's a 10-year run or 
 7           longer -- and has more lane-miles in bridges 
 8           than any other region in the state.
 9                  Somebody's got to look at the formula 
10           there or, no matter -- this increased funding 
11           is great, but New York State DOT Region 8 
12           will further fall behind.  
13                  Next, I fully endorse both the speed 
14           enforcement, the expansion of that and making 
15           it permanent.  You heard Frank Hoare from the 
16           New York State Thruway Authority talk about 
17           losing two people on the Thruway.  Speed 
18           kills.  And the transportation worker 
19           protection, the expansion of that and the 
20           classification of that, we appreciate.
21                  And thank you.  And I thank you all 
22           for your time.
23                  MR. HIFFA:  Good evening.  On behalf 
24           of Rebuild NY Now, we greatly appreciate the 
                                                                   493
 1           opportunity to go through the fourth year of 
 2           the Executive's proposed five-year capital 
 3           plan.  
 4                  Rebuild NY strongly supports the 
 5           Governor's decision to prioritize the 
 6           infrastructure by proposing the largest year 
 7           over year increase of $800 million to DOT's 
 8           Core program.  We also strongly urge you to 
 9           add 250 million to the CHIPS program funding 
10           for local systems.  To be clear, the 
11           Executive's local highway aid is flat year 
12           over year.  This would be the second year.
13                  The unprecedented growth in the rate 
14           of inflation on highway construction impacts 
15           all projects.  Plans that were for five 
16           bridge replacements are now three.  
17           Reconstruction of 10 miles became two.  
18                  Compounding the demand on the limited 
19           available road maintenance dollars are the 
20           CLCPA mandates.  Rebuild NY strongly supports 
21           the CLCPA greenhouse gas emissions reduction 
22           goals, but the funding needs to be there to 
23           support the transportation system's 
24           transformation.  
                                                                   494
 1                  One such mandate is the Clean Trucks 
 2           Act, which calls for electrifying the state's 
 3           and local governments massive snowplow fleet.  
 4           The DOT has over 1600 snowplows, and 
 5           statewide all local levels of government have 
 6           another 15,000 snowplows and over 1300 
 7           garages housing them.
 8                  The DOT and Town Superintendents have 
 9           separately begun working with the joint 
10           utilities to assess the level of electricity 
11           to supply these massive fleets, and the cost.  
12           As you know, the utilities have already gone 
13           through this exercise with the state's 700 
14           school districts.  In some ways the 
15           comparison is similar, but other ways very 
16           different.  An EV bus is about 425,000.  An 
17           EV plow, when they do become available, will 
18           be approximately 800,000.
19                  School buses can charge overnight, 
20           using less electricity flow than a plow 
21           charger, which needs to charge in the 
22           shortest period of time possible during 
23           emergencies.
24                  Even at their lower charging rate, the 
                                                                   495
 1           joint utilities found 15 percent of school 
 2           bus garages couldn't get enough electricity 
 3           to charge a single EV bus.  Another quarter 
 4           couldn't supply more than 10 EV buses.
 5                  While we don't know the exact cost yet 
 6           to electrify the state's plow fleet, we know 
 7           it will be billions more than is currently 
 8           being spent on the system.  And of course 
 9           every dollar going to electrical 
10           infrastructure takes away from road 
11           maintenance and operations.
12                  In conclusion, we appreciate the 
13           Legislature has always recognized our road 
14           system is critical for both the state's 
15           economy and quality of life in our state.  
16           Again, we support the Executive Budget with 
17           increases in funding for DOT, but additional 
18           funds are absolutely critical in supporting 
19           the local system. 
20                  We look forward to working with you.  
21                  Thank you very much.
22                  CHAIRMAN PRETLOW:  Assemblyman 
23           Magnarelli.
24                  ASSEMBLYMAN MAGNARELLI:  Well, again, 
                                                                   496
 1           I just want to say thank you for being here.  
 2           You've been here all day -- again.  And the 
 3           thing is, we talk often with most of you.  I 
 4           think I saw the town supervisor just last 
 5           week.  Right?  So we hear what you're saying.
 6                  I have one question, though, for 
 7           Colleen Thomas.  Okay?  You're saying that 
 8           there are state highways within the 
 9           jurisdiction of the tribe, but they're state 
10           highways and they're supposed to be 
11           maintained by the state.  Do you get any 
12           state monies?  Do you get CHIPS?  Do you get 
13           anything?
14                  MS. THOMAS:  No, we don't.
15                  ASSEMBLYMAN MAGNARELLI:  You get 
16           nothing?
17                  MS. THOMAS:  No.  We are -- 
18           transportation funding comes from the BIA 
19           only.
20                  ASSEMBLYMAN MAGNARELLI:  PIA?  What's 
21           PIA?
22                  MS. THOMAS:  The Bureau of Indian 
23           Affairs, the Tribal Transportation Program.
24                  ASSEMBLYMAN MAGNARELLI:  So it's 
                                                                   497
 1           federal money.
 2                  MS. THOMAS:  Yes.
 3                  ASSEMBLYMAN MAGNARELLI:  Okay.  But 
 4           you get nothing from the state.
 5                  MS. THOMAS:  No.
 6                  ASSEMBLYMAN MAGNARELLI:  I will take a 
 7           look at that.
 8                  MS. THOMAS:  And the Franklin County 
 9           Garage that serves our territory, for years 
10           they've complained about their lack of 
11           resources and equipment.
12                  For example, there's one mower that 
13           serves the entire Region 7.  So they have 
14           access to it once a summer.  So the tribe 
15           ended up --
16                  ASSEMBLYMAN MAGNARELLI:  Once a 
17           summer.
18                  MS. THOMAS:  Yeah, once a summer.  
19           Grass doesn't grow that slowly.
20                  ASSEMBLYMAN MAGNARELLI:  And are there 
21           any impediments on the tribe's territory for 
22           the use of that road?  Or --
23                  MS. THOMAS:  No.
24                  ASSEMBLYMAN MAGNARELLI:  -- can I 
                                                                   498
 1           drive it any time I want?
 2                  MS. THOMAS:  Yes, of course.
 3                  ASSEMBLYMAN MAGNARELLI:  Okay.  All 
 4           right.  We'll check into it.  Thank you.
 5                  CHAIRMAN PRETLOW:  Senator?
 6                  CHAIRWOMAN KRUEGER:  I just -- hi.  
 7           Before I turn it over, so it's not the clock, 
 8           I've just been asked to recognize the 
 9           University Student Senate members who are 
10           here but won't be able to be around to speak 
11           later because they have to get on the train.  
12                  So just hello, everyone.  Thank you 
13           for being with us.
14                  (Applause.)
15                  CHAIRWOMAN KRUEGER:  I hope you've had 
16           an educational day.
17                  And I'm going to pass it over to Leroy 
18           Comrie.  Thank you.
19                  SENATOR COMRIE:  I don't have any 
20           questions for the panel, but I just hope that 
21           the University Student Senate will leave 
22           testimony, if they have it.  Or if not, email 
23           it to us. 
24                  So thank you for being here, panel.  I 
                                                                   499
 1           want to thank you for your continued 
 2           diligence.  In the spirit of now Congressman 
 3           Tim Kennedy, and I've always been supportive 
 4           of CHIPS and upstate funding and winter 
 5           extreme funding, and I will definitely fight 
 6           along with Senator Mannion -- sorry, now he's 
 7           Congressman Mannion -- Senator Cooney -- we 
 8           had two Senators jump to Congress -- to make 
 9           sure that that happens.  As you know, 
10           Senator Cooney has taken up that mantle as 
11           well.
12                  It's important to me that the upstate 
13           communities do have as much resources as 
14           possible, because New York is a wonderful 
15           place for people to visit, and tourism is 
16           important.
17                  And to the Saint Regis Tribe, we have 
18           to figure your stuff out so you can get your 
19           roads repaired.  It's egregious that that is 
20           happening, and we will make an effort to try 
21           to get you some relief.
22                  Thank you all for being here.
23                  CHAIRMAN PRETLOW:  Who's next?  
24           Mr. Miller.
                                                                   500
 1                  ASSEMBLYMAN MILLER:  Thank you.  Thank 
 2           you all for your testimony.  I wish you all 
 3           had more than three minutes, because what 
 4           you're talking about here really affects 
 5           everything -- you know, all of our CHIPS 
 6           funding, Bridge-NY, Pave Our Potholes, it's 
 7           all right here.
 8                  And with the flat funding on the CHIPS 
 9           programs -- this is for the County Highway 
10           Superintendents and the Association of 
11           Town Superintendents.  With the flat funding, 
12           what's the percentage of work -- less work 
13           you're going to be able to perform?  Just a 
14           rough estimate.
15                  MR. HAJOS:  Yeah, I guess I don't know 
16           exact percentage, but I'll say that with the 
17           flat funding and with the inflation cost of 
18           construction materials that we've seen -- and 
19           I think Fred said it, with a mile of road 
20           that I used to be able to do, let's say, at a 
21           hundred thousand dollars and using CHIPS 
22           money, I'd be lucky to get a half a mile of 
23           road now done.
24                  And without that extra funding and an 
                                                                   501
 1           increase in inflation cost, it's only going 
 2           to get worse.
 3                  ASSEMBLYMAN MILLER:  So all our 
 4           lane-miles and all our structures, it's -- 
 5           you know, we're seeing more and more weather 
 6           events every year.  And as the funding stays 
 7           flat or decreases, we're going to get farther 
 8           and farther behind the eightball.
 9                  MR. HAJOS:  Yes.
10                  ASSEMBLYMAN MILLER:  One more 
11           question, a real quick one.  This is just the 
12           effect the EVs are going to have on your 
13           members.  How many -- you know, like 
14           Mr. Hajos said here, it's going to cut into 
15           your projects, but most of your members won't 
16           even be able to even comply with any of it 
17           because the infrastructure's not there even 
18           to get them charging.
19                  MR. HIFFA:  Well, that's why we're 
20           going through the process now, though.  It 
21           will probably take six months to a year.  But 
22           we need that assessment.  That's why we're 
23           working with utilities, so we know what the 
24           real costs are.
                                                                   502
 1                  But considering the size, most of the 
 2           local budgets, you know, it's way beyond the 
 3           scope.  But you have to get the facts, it's 
 4           in law, we're going to work and do our 
 5           due diligence just like the school districts 
 6           are.
 7                  ASSEMBLYMAN MILLER:  So one statement.  
 8           So given the CHIPS funding's 250 million 
 9           additional, it's vital at this time because 
10           every year we're fighting for this money and 
11           then we just -- we can't get to that level 
12           where we really need to be.
13                  That's all I got.  Thank you, fellas 
14           and ma'am.
15                  MR. HAJOS:  Thank you.
16                  MR. MUSTICO:  Thank you.
17                  CHAIRMAN PRETLOW:  Senate?
18                  CHAIRWOMAN KRUEGER:  Oops.  Senator 
19           Tom O'Mara.
20                  SENATOR O'MARA:  She forgets me often 
21           even though I'm sitting right next to her.
22                  (Laughter.)
23                  SENATOR O'MARA:  But thank you, 
24           Chairwoman.
                                                                   503
 1                  Thank you all for your testimony.  
 2           It's great to have you and your advocacy on 
 3           CHIPS, which has been a major issue of mine 
 4           throughout my tenure here in the Legislature.  
 5           So just thank you for your advocacy today.  
 6           On looking for the extra $250 million, we 
 7           will be working very hard to achieve that.  
 8           And it makes complete sense given the very 
 9           good amount that was given to the DOT 
10           programs.
11                  So your advocacy is much appreciated.  
12           Look forward to seeing your associations 
13           around the halls of the Capitol in the coming 
14           weeks, the coming month.  It's good to have 
15           you here.  Matt, good to see you here from 
16           home.  Had another witness testifying 
17           yesterday from home, which is very unusual 
18           for my neck of the woods.  But it's great to 
19           have you all here.
20                  If everybody would just want to 
21           comment on -- that we've got all these 
22           various programs, CHIPS I think being the 
23           most important one of -- the Extreme Winter 
24           Recovery, Potholes, they're all a little bit 
                                                                   504
 1           different, but I think CHIPS is the most 
 2           fairest distribution really of any funding 
 3           program I think in the state.
 4                  But just the importance of putting 
 5           whatever additional funding we can get into 
 6           CHIPS, as opposed to some of those other 
 7           spin-off programs we've had in recent years, 
 8           if anybody wants to address that.
 9                  MR. HIFFA:  I mean, normally what we 
10           look at -- and we have a pie chart which I'm 
11           not going to bore everybody with, but it 
12           shows you your lane-miles on the local system 
13           and how much you're getting out of the five 
14           programs.  And historically the towns, for 
15           example, have 57 percent of the local roads 
16           and they're getting about 2900 a lane-mile.  
17           If you look at like the STR program, it's 
18           closer to 10,000 a lane-mile and it affects a 
19           much smaller group of communities.
20                  So the CHIPS hits all 1600 
21           communities.  It gives them the most 
22           flexibility on how to spend the money.  And 
23           clearly in this time of inflation, every 
24           community is desperately in need of these 
                                                                   505
 1           additional funds, and that's the best way to 
 2           distribute it.
 3                  MR. MUSTICO:  And one other thing.  
 4           Most of the communities -- not most, a lot of 
 5           your smaller communities, that's all they use 
 6           for their highways.  They don't have any 
 7           other funding.  And so whatever they get for 
 8           CHIPS money, that's what they're using in the 
 9           roads.  So every little bit they can get 
10           extra helps them a lot.
11                  SENATOR O'MARA:  Absolutely.  Thanks 
12           for that.  I do know that, I see that with 
13           the many, many rural towns and even some 
14           villages that that's all they have, is the 
15           CHIPS funding.  So it's critically important 
16           for them.
17                  Thank you all very much.
18                  PANELISTS:  Thank you.
19                  CHAIRMAN PRETLOW:  Thank you.
20                  Assemblyman Ra.
21                  ASSEMBLYMAN RA:  Thank you.
22                  I think you kind of answered this, but 
23           the -- because I think the same thought is in 
24           all of our heads that when you look at the 
                                                                   506
 1           800 million for the capital plan, you're 
 2           saying this is what it takes to keep up and 
 3           actually be able to do everything we had 
 4           planned to do because costs have gone up.  It 
 5           makes perfect sense you do the same on the 
 6           CHIPS side.
 7                  So you would say, in calculating, that 
 8           that $250 million number is the appropriate 
 9           number to do something commensurate with the 
10           CHIPS program?
11                  MR. HIFFA:  Yeah, I think the way 
12           we're looking at it, the industry as a group 
13           supported the 800 million and we used the 
14           same formula to come up with the 250, except 
15           that they're making the Executive Budget.
16                  And someone had brought it up earlier, 
17           and it's incredibly important, that we've 
18           seen these declines over the last seven 
19           years.  One additional lump of money, as 
20           important as it is, we need to keep moving 
21           forward and we need to look at, when we -- 
22           for the MTA, they need a long-term funding 
23           solution for their next plan.  We 
24           simultaneously should be looking to make sure 
                                                                   507
 1           whether we reconstitute the Dedicated Highway 
 2           and Bridge Trust Fund that we stopped using 
 3           in 2012, or a redistribution of driver fees, 
 4           which right now about 6 billion are being 
 5           collected annually, but less than 1.9 billion 
 6           are going back in directly to roads.
 7                  So I think those things need to be 
 8           part of the conversation too.  As you look at 
 9           redefining how we are going to pay for 
10           transit, highways should need to be part of 
11           that conversation.
12                  ASSEMBLYMAN RA:  And then the bidding 
13           threshold issue.  I mean, I wrack my brain 
14           with this every year as we get through, 
15           because it just seems like it's something we 
16           should be doing.
17                  I don't know, any comment?  I mean, 
18           obviously we're all legislators up here.  But 
19           what is the real objection to doing that?
20                  MR. HAJOS:  I was just going to say, I 
21           mean with the inflation costs that we've 
22           seen, the dollars go farther if we don't have 
23           necessarily that threshold.  I mean, for us 
24           as a county, we don't do a lot of our own 
                                                                   508
 1           paving work, but there are other counties who 
 2           do their own paving work.  If they have to 
 3           bid it out, it's not cost-effective.  It's 
 4           costing them more to do it, because they're 
 5           up against that limit of 350,000.
 6                  We think just eliminating it 
 7           altogether would make more sense.
 8                  MR. COONEY:  I just -- I would be 
 9           contrary on that.  Obviously the funding, 
10           yes.  But we live in a competitive bid 
11           environment.  And I support that entirely, 
12           and I do believe it is the best way to get 
13           value.
14                  Yes, some, you know, communities do 
15           self-perform some of their work, but I would 
16           tell you that I would not quickly accept the 
17           argument that that is cost-effective.  We 
18           live by the competitive bid with almost all 
19           that we do here in the state buying things.  
20           And I am not in favor of raising that limit.
21                  Sorry for the disagreement here, but I 
22           had to state it.
23                  ASSEMBLYMAN RA:  No, that's -- that's 
24           helpful.  Thank you.
                                                                   509
 1                  CHAIRMAN PRETLOW:  Thank you.
 2                  Senator?
 3                  CHAIRWOMAN KRUEGER:  (Mic off; 
 4           inaudible.)
 5                  PANELISTS:  Thank you.
 6                  CHAIRMAN PRETLOW:  Whoa, whoa, whoa.  
 7           It may be the upper house, but they don't 
 8           control things around here.
 9                  (Laughter.)
10                  CHAIRMAN PRETLOW:  Assemblyman 
11           Palmesano.
12                  ASSEMBLYMAN PALMESANO:  Yes, thank you 
13           all for being here.
14                  Given the fact, you know, from my 
15           research, according to the federal highway 
16           administration -- you've been talking about 
17           inflation -- that for the past three years 
18           highway construction costs have increased 
19           70 percent.  Is that an accurate estimate?
20                  (Panel members nodding.)
21                  ASSEMBLYMAN PALMESANO:  Okay.  And 
22           I've heard you all talk about CHIPS, so I 
23           guess real quick, if you think an increase in 
24           CHIPS is warranted and desperately needed, 
                                                                   510
 1           raise your hand. 
 2                  Thank you.  Almost unanimous.  That 
 3           was an easy one.
 4                  What about long-term needs?  I know, 
 5           Mr. Hiffa, you talked about long-term needs 
 6           assessments.  Was there a 2023 study that was 
 7           recently done showing what the transportation 
 8           needs were for -- across the towns?  Wasn't 
 9           that like -- a significant amount, if I 
10           recall.  Do you know how much that --
11                  MR. HIFFA:  Yeah, there was an 
12           analysis that was done by the Town Highway 
13           Superintendents, and that number now -- 
14           outside of New York City, we're spending 
15           about 2 billion a year on the local system, 
16           and that's underfunding by about 2.6 billion.
17                  And we have pulled the city bridges 
18           out of that, which the Comptroller estimated 
19           at 20 billion of the 30 billion need.
20                  So it is significantly more than we're 
21           investing now, yes.
22                  ASSEMBLYMAN PALMESANO:  You said 
23           2 billion, so over 15 years that's about 
24           $30 billion in unmet need?  Okay.
                                                                   511
 1                  And I think Kevin, you were talking 
 2           about the per-mile maintenance cost.  There 
 3           was a lot of talk -- and I know at the 
 4           electric vehicle charging station 
 5           infrastructure there was talk about the 
 6           school buses.  And I think there's a 
 7           preliminary study going on.  How much is 
 8           that -- you know, how concerned are you 
 9           about, you know, the weight of these vehicles 
10           and the damage this can do to our local 
11           roads?  Because they're going to go over the 
12           local roads -- they're not going to be going 
13           over the state highways as much as the local 
14           roads.  
15                  And how will that impact the cost per 
16           mile for both rehabilitation and for just 
17           maintenance costs, significantly?
18                  MR. HAJOS:  Well, I think first of all 
19           it's going to be a huge impact to our roads 
20           system.  Because as you know, and you're well 
21           aware of, most town roads or rural counties, 
22           they don't have thick pavement structures.  
23           So the weight of these vehicles is going to 
24           do a significant number of damage to these 
                                                                   512
 1           roads. 
 2                  So for us, you know, it used to be 
 3           maybe a million dollars to do a 
 4           reconstruction project per mile.  It's going 
 5           to -- I mean, with the damage that these 
 6           could cause, it could triple that.
 7                  ASSEMBLYMAN PALMESANO:  And 
 8           Mr. Mustico, I know your report's coming at 
 9           some point.  You gave some preliminary 
10           numbers.  Hopefully you could share that with 
11           us when it comes in; we'd like to have those 
12           numbers.
13                  And what are you seeing from your 
14           perspective on what you understand as far as 
15           the cost per mile and -- I'm sorry, and like 
16           how would that affect the life use?  The 
17           normal life use of a road is about 10 years, 
18           I'm hearing.  And it might decrease the life?
19                  MR. MUSTICO:  Ten?  For us it's -- 
20           yeah, lucky if we get 10, because, you know, 
21           our rural roads, we don't build them like we 
22           do the other roads we have.  So yeah, if we 
23           get 10 out of them, we're lucky.
24                  But that's going to impact them big 
                                                                   513
 1           time.
 2                  CHAIRMAN PRETLOW:  Thank you very 
 3           much.  
 4                  Assemblyman Jacobson.
 5                  ASSEMBLYMAN JACOBSON:  Thank you.
 6                  I just -- first I want to thank all of 
 7           you for hanging in there.  You know, you had 
 8           to battle the snow in the morning and then 
 9           when you get up here, you made it to the end.
10                  I just want to reemphasize what 
11           Mr. Cooney said about getting the fair share 
12           for Region 8, because it's such a large area.  
13           I mean, if you can imagine, it covers 
14           Westchester, Putnam, Dutchess and Columbia.  
15           And then it covers Rockland, Orange and 
16           Ulster.  So it's very important.
17                  And I think the rest has been said, so 
18           thank you.
19                  CHAIRMAN PRETLOW:  Assemblywoman 
20           Giglio.
21                  ASSEMBLYWOMAN GIGLIO:  So thank you 
22           all for being here.
23                  And as being in local government for 
24           10 years before I joined the State Assembly, 
                                                                   514
 1           we always had a general construction bid in 
 2           the beginning of the year where we would bid 
 3           out all the services that we would need for 
 4           highways and construction.
 5                  So can you explain to me a little bit 
 6           about the raising the bid from 350 to, you 
 7           know, over a million, on how that would 
 8           benefit you.
 9                  MR. HAJOS:  Well, I know that there's 
10           a little bit of a disagreement here.  But the 
11           bottom line I think for us is costs have 
12           increased significantly.  And it used to be 
13           when we'd submit for CHIPS, you could only 
14           submit up to 250,000.  Then it was raised to 
15           350,000.  
16                  We feel -- and look, we're not saying 
17           we're opposed to bidding, we just want the 
18           threshold raised little bit.  I don't think 
19           it would hurt the contracting industry.
20                  But there are many localities who do 
21           their own work and they are efficient at 
22           doing that work, and this would extend that, 
23           you know, threshold for them to allow them to 
24           get further in that work.
                                                                   515
 1                  Again, I don't -- I don't think it's 
 2           going to impact the construction industry, 
 3           but I think it would benefit our members 
 4           who --
 5                  ASSEMBLYWOMAN GIGLIO:  But don't you, 
 6           like, don't you put out a general 
 7           construction bid, like we need a price per, 
 8           you know, yard of asphalt, we need a price 
 9           per yard of concrete, we need a price for, 
10           you know, a mile of guardrails?  Don't you do 
11           that in the beginning of the year and then 
12           that's your contractor you're with for the 
13           whole year, for all this work?
14                  MR. HAJOS:  Yeah, we call them term 
15           agreements, and we do do them.  And we do 
16           it -- we, because we don't do paving 
17           in-house, we bid out all our paving work.  So 
18           we typically, you know, evaluate our roads, 
19           pick roads to pave for that season, whatever 
20           type of treatments we're going to do, then we 
21           bid those out.  So same with guardrails, same 
22           with -- we don't do a lot of concrete work.  
23           We do a lot of drainage work in-house.  But 
24           some of it is bid out, yes.
                                                                   516
 1                  ASSEMBLYWOMAN GIGLIO:  Okay, so your 
 2           general construction contract that you bid 
 3           out, and then you could have 10 different 
 4           contractors on that general construction bid 
 5           -- one that does asphalt, one that does 
 6           concrete, one that does drainage, but where 
 7           you buy your drainage rings from -- you know, 
 8           all of that is -- I mean, it was my 
 9           experience that they would just order it from 
10           that because it was the least expensive for 
11           the whole year and that they wouldn't have to 
12           go out to bid.
13                  So what type of projects would go out 
14           to bid that would be from, you know, 350 to a 
15           million dollars?  What type of projects --
16                  MR. HAJOS:  Yeah, when we -- I'm 
17           sorry, when we do our paving projects we bid 
18           it all at one time.  So it's not bidding for 
19           pipes separate, we bid a project.  So we 
20           typically put that whole project out to bid, 
21           soup to nuts, from reconstruction, paving, 
22           guardrail, drainage work, it all gets bid at 
23           one time.
24                  And typically, you're right, it's this 
                                                                   517
 1           time of year that we put those bids out.
 2                  ASSEMBLYWOMAN GIGLIO:  Okay.  All 
 3           right, thank you.
 4                  MR. HAJOS:  You're welcome.
 5                  CHAIRMAN PRETLOW:  Assemblywoman 
 6           Shimsky.
 7                  ASSEMBLYWOMAN SHIMSKY:  Thank you, 
 8           Mr. Chairman.
 9                  And thank you so much to all of you 
10           for your advocacy and for your information 
11           and your thoughtfulness on these issues.
12                  I wanted to go to the concept of 
13           consolidating some of our road programs.  I 
14           know -- I'm downstate, but my district is all 
15           villages and towns, and sometimes I suspect 
16           the way some of the officials talk to me is 
17           because there's so many programs to read the 
18           requirements of and bid for that they may be 
19           leaving some money on the table.
20                  Do you see that in your experiences?
21                  MR. HIFFA:  I mean, normally what we 
22           would see -- I mean, a lot of our departments 
23           are really quite small.  We have five 
24           programs.  Three of them have almost the 
                                                                   518
 1           exact same specs, and then the other two have 
 2           the exact same specs.  
 3                  This is something that DOT helps them, 
 4           reduces their -- right now, I mean, I have 
 5           all these DOT spreadsheets that they have to 
 6           run for every single program for every single 
 7           community, 1600 communities in some of these 
 8           programs, and then rolling over -- I mean, 
 9           it's -- they do a great job, but we're all on 
10           the same page, which is let's consolidate 
11           them, let's make it a little bit easier, less 
12           bureaucratic.  And I think it really would be 
13           beneficial for everyone.
14                  Thank you for asking.
15                  MR. MUSTICO:  Well, if you look at the 
16           guidelines on those -- I do my own CHIPS 
17           paperwork, I don't have a clerk that does it.  
18           So if you look at all different ones, you 
19           could basically pick out of any of those a 
20           project to do.  I mean, like the pave or the 
21           potholes.  I mean, it's not just for 
22           potholes.  You know, you can be creative and 
23           use it on something else.
24                  So if you could combine them, that 
                                                                   519
 1           would be -- it's just, you know, less pages 
 2           you have to do.
 3                  ASSEMBLYWOMAN SHIMSKY:  Okay.  Some of 
 4           Director Thomas's testimony brought something 
 5           else to mind aside from the terrible position 
 6           that the Mohawk Nation is in.
 7                  But the condition of our secondary 
 8           state roads definitely need the help, and 
 9           that's even more of a reason to make sure we 
10           start putting in some new infusions of 
11           capital.  
12                  Are all of you seeing similar 
13           situations where you are with the secondary 
14           roads?
15                  (Panel members nodding.)
16                  ASSEMBLYWOMAN SHIMSKY:  I see a lot of 
17           nods.
18                  The other thing I wanted to say is as 
19           we move forward, it's not like one year of 
20           this is going to solve the world's problems.  
21           So instead of asking you, I'm going to tell 
22           you -- if you want to comment in 10 seconds, 
23           you can.  But we're going to need this 
24           conversation to continue year over year over 
                                                                   520
 1           year to make sure we get the incremental 
 2           improvements, which is the only way we are 
 3           going to catch up with our local roads and 
 4           our state roads.
 5                  PANELISTS:  Thank you.
 6                  CHAIRMAN PRETLOW:  Assemblyman Otis.
 7                  ASSEMBLYMAN OTIS:  Thank you.
 8                  Thank you all.  I would say that you 
 9           are one of the most important panels in the 
10           whole budget cycle, and that is because each 
11           of you in your own testimony make the case 
12           and give statistics on why increased funding 
13           is necessary.  It's not enough to just say we 
14           need more money, you actually give the 
15           metrics -- road conditions and all those 
16           things.  Very valuable.
17                  I have a couple of comments.  On the 
18           consolidation issue, have you folks asked 
19           DOT, even if they have separate programs, to 
20           consolidate their application?  It seems like 
21           you can do the same application and work it 
22           in different programs.  If you haven't, it's 
23           a conversation we could toss at DOT 
24           ourselves.  But has that been raised?
                                                                   521
 1                  MR. HIFFA:  I mean, DOT has literally 
 2           run this for each community in the state to 
 3           try to do this consolidation.  And honestly, 
 4           they really do a good job.  So we're 
 5           deferring to their leadership on how it 
 6           should be done.  So that's why we're putting 
 7           it together the way we are.
 8                  ASSEMBLYMAN OTIS:  Yeah, that's great.
 9                  Then the other thing that caught my 
10           ear from a few of you was if you don't have 
11           it, it would be great for us to have 
12           statistics on how many communities depend 
13           entirely on state funding for their roads, 
14           that they're not able to contribute anything 
15           locally towards their roads.  I think that 
16           would be an illuminating statistic to make, 
17           again, the case for the continued need.
18                  So that's it for me.  But again, thank 
19           you for the importance of the information 
20           that you convey every year.  Very valuable.
21                  MR. HIFFA:  Thank you.
22                  CHAIRMAN PRETLOW:  I echo Assemblyman 
23           Otis's sentiments.  And thank you all very 
24           much for your testimony; most informative.
                                                                   522
 1                  Thank you.
 2                  (Off the record pause.)
 3                  CHAIRMAN PRETLOW:  Good evening, 
 4           everyone.  You are Panel D.  And just for the 
 5           purpose of our media people upstairs, could 
 6           you just state your names and your 
 7           organizations.  Don't start your testimony, 
 8           the clock won't start.  Just so they'll know 
 9           whose name to put up when you do speak.
10                  We'll start from the left to the 
11           right.  We'll start with you.
12                  MS. BAILEY:  Sawyer Bailey, AdkAction.
13                  MR. EPSTEIN:  Good evening.  Ron 
14           Epstein, New York Materials.
15                  MR. HEEFNER:  Hello.  Mark Heefner, 
16           Greater Binghamton Airport, New York Aviation 
17           Management Association.
18                  MR. HRONCICH:  John Hroncich, with BAE 
19           Systems.
20                  PUTNAM COUNTY EXECUTIVE BYRNE:  Kevin 
21           Byrne, former member of the Assembly, Putnam 
22           County Executive.
23                  (Off the record.)
24                  CHAIRMAN PRETLOW:  Who wants to start?  
                                                                   523
 1           Okay.
 2                  MS. BAILEY:  Good evening, and thank 
 3           you for having me here today.  My name is 
 4           Sawyer Bailey, and I'm the executive director 
 5           of AdkAction, a nonprofit in the Adirondack 
 6           Park working to solve problems to help 
 7           communities and ecosystems.
 8                  If you couldn't tell, I am coming to 
 9           today's hearing eight months pregnant, and 
10           anyone pregnant in the winter will tell you 
11           they're extra cautious to avoid slipping and 
12           falling on snow and ice.  People are salting 
13           the steps a little extra for me this winter.  
14           And I realize they salt because they care, 
15           but the problem is there's a slow violence 
16           salt causes when it's consistently 
17           overapplied.  What's preventing a sudden fall 
18           is causing significant harm across a 
19           geography as vast as a state like ours.
20                  Road salt has polluted the water 
21           throughout the Adirondack Park and across 
22           New York, at times to extents comparable to 
23           saltwater estuaries.  Of nearly 500 wells 
24           tested by the Adirondacks Watershed 
                                                                   524
 1           Institute, 64 percent exceeded sodium levels 
 2           set by the EPA.  And the most significant 
 3           contamination zones were abundantly clear in 
 4           this data:  Wells downslope of state 
 5           highways.
 6                  Oversalting state roads has polluted 
 7           the wells of hundreds of people in the 
 8           Adirondack Park who live downslope of state 
 9           highways and rely on their private wells for 
10           drinking, cooking, washing.  For those who 
11           don't know the extent of the pollution in 
12           their private well, especially people who 
13           live in older homes, they may be drinking 
14           water compromised by heavy metal leaching 
15           from salt corrosion.
16                  Think about my safety, something you 
17           can see, and now think about theirs, 
18           compromised by a magnitude of potential lead 
19           contamination we can't begin to imagine.
20                  But I want you to know that change 
21           costs zero dollars.  AdkAction and 30 
22           Adirondacks towns and counties have proven 
23           it.  More sustainable, cost-effective winter 
24           road maintenance methods work, and the 
                                                                   525
 1           Department of Transportation should be 
 2           empowered to scale these methods, especially 
 3           in a budget season where affordability is of 
 4           the highest priority.
 5                  Of the $156 million set aside for snow 
 6           and ice management in this year's proposed 
 7           budget, too much of that will bounce and 
 8           scatter off the road, showing up as wasted 
 9           salt.  The department should have the ability 
10           to reclassify a portion of this money to do 
11           something to fund the recommendations offered 
12           in the Adirondack Road Salt Task Force 
13           Report, like starting to use "live edge" plow 
14           equipment, salt brine and spreaders, and 
15           state-of-the-art salt, snow and temperature 
16           tracking equipment. 
17                  With the support of our legislators, 
18           DOT can reach an initial 20 percent salt 
19           reduction in salt use, funded simply by 
20           material spending reductions in a single 
21           winter, if they're given the opportunity to 
22           be entrepreneurial.  From there, a 50 percent 
23           reduction of road salt use and attendant 
24           pollution can be achieved.  And I think we 
                                                                   526
 1           owe it to communities like mine, our most 
 2           rural upstate residents.  Let's show them 
 3           they matter more than our fear of leaving 
 4           business as usual behind.
 5                  Thank you.
 6                  MR. EPSTEIN:  Good evening, everybody, 
 7           and thanks for being here.
 8                  On behalf of the New York Construction 
 9           Materials Association, I appreciate the 
10           opportunity to appear before you this evening 
11           to talk about the Department of 
12           Transportation's recommendation in the 
13           Executive Budget.
14                  My name is Ron Epstein.  As I 
15           mentioned, I'm with the New York Construction 
16           Materials Association.  I'm the president and 
17           CEO.  
18                  Prior to that I served more than 
19           30 years in government, you know, culminating 
20           in my role as the executive deputy 
21           commissioner for the New York State 
22           Department of Transportation.  I personally 
23           like to think that I know a little something 
24           about the agency and its annual budget 
                                                                   527
 1           process.  I'll defer to you on that.  
 2                  But given today's time limitations, 
 3           what I'd like to do is focus on, you know, 
 4           three comments on the Executive Budget and 
 5           provide three recommendations.
 6                  First of all, we applaud the Governor 
 7           for including the $100 million in the 
 8           Executive Budget for the Core Highway 
 9           Pavement and Bridge Program, specifically the 
10           Core program, because that has suffered.  
11           This represents a 30 percent increase over 
12           year to year.  And this, as you've heard many 
13           times today, will restore the purchasing 
14           power that's been lost to extraordinary 
15           inflation.  Again, we want to, you know, 
16           really support and hope that, you know, this 
17           is the base level moving forward in your 
18           one-house bills.  
19                  Secondly, we commend the Governor as 
20           well as the Legislature -- I specifically 
21           want to call out Chairs Cooney and Magnarelli 
22           for their sustained support to enhancing 
23           worker protections.  I can tell you as a 
24           former transportation official, I can 
                                                                   528
 1           personally attest to the importance of how 
 2           these measures will impact and will protect 
 3           workforce, and how this will ensure that 
 4           these valuable workers will return home each 
 5           evening to their families.
 6                  My recommendation to anybody that has 
 7           any reservations about enhancing these 
 8           protections:  Put a desk in a work zone, sit 
 9           there for about 10 minutes and see how it 
10           feels.
11                  In terms of the local program, and I 
12           know I'm rushing, I just want to reiterate 
13           that we support the recommendation for adding 
14           $250 million to the CHIPS program. 
15                  In terms of conclusions and 
16           recommendations, like I said, the 
17           $800 million funding increase is vital to 
18           keeping the projects and programs for the 
19           forthcoming year on schedule.  But there are 
20           risks in the budget, risks that we do not 
21           necessarily control such as future 
22           inflation -- you know, economic growth which 
23           could impact outyear deficits -- and 
24           borrowing constraints.  And these are things 
                                                                   529
 1           that we're going to have to work for in the 
 2           long term as we look at infrastructure 
 3           investments that can be supported during the 
 4           next five years.
 5                  To address these challenges, we 
 6           recommend the following.  First of all, 
 7           develop, you know, recommendations to 
 8           modernize and strengthen the state's core 
 9           transportation infrastructure priorities.  
10                  Also, when you look at solutions for 
11           the MTA, let's look holistically at what we 
12           can do long-term for the needs of all 
13           transportation entities.  Let's not take the 
14           punch in the face on the MTA and two years 
15           later have to come back and raise revenue 
16           again.
17                  Lastly, it's time that we have a 
18           comprehensive needs assessment for the 
19           New York State Department of Transportation 
20           similar to that of the MTA, so we understand 
21           exactly the needs moving forward.
22                  My time is up; I just want to say 
23           thank you.
24                  CHAIRMAN PRETLOW:  Thank you.
                                                                   530
 1                  MR. HEEFNER:  Good evening.  My name 
 2           is Mark Heefner.  I am the president of the 
 3           New York Aviation Management Association and 
 4           commissioner of aviation at the Greater 
 5           Binghamton Airport.
 6                  Most of you know NYAMA members, 
 7           ranging from commercial service and general 
 8           aviation to engineers and various aviation 
 9           professionals.  You probably also know that 
10           New York State airports are major economic 
11           engines.  According to the New York State DOT 
12           Report, the aviation industry contributes 
13           over $80 billion in annual economic activity 
14           in New York State.  More than 454,000 
15           New York-based jobs are in aviation or 
16           aviation-related industries, generating 
17           $25.8 billion in payroll, and $6.1 billion in 
18           state and local tax revenue each year.  Over 
19           111 million passengers use New York airports 
20           annually.  
21                  What you might not know is that the 
22           investment from New York State's budget last 
23           year was $12.5 million in the Aviation 
24           Capital Grant Program, and $14 million of 
                                                                   531
 1           matching funds for federal programs.
 2                  That's what we're here to talk about, 
 3           right?  Money, investment, and how to best 
 4           utilize it for our state's taxpayers.  There 
 5           are very few programs that come to mind that 
 6           move over 11 million people each year and 
 7           generate $25 billion in payroll and 
 8           $6 billion in state and local tax revenues.  
 9           I know I'm repeating that from earlier, but 
10           to me it seems very important and speaks to a 
11           tremendous return on investment.
12                  Today you've probably heard more times 
13           than you can count how inflation is driving 
14           cost increases.  Well, we're going to echo 
15           that, just, you know, because we're here.  
16           The difference is the Aviation Capital Grant 
17           Program has been $12.5 million for the past 
18           eight years, each year, which was woefully 
19           underfunded at that point in time.  
20                  NYAMA continues to advocate for a 
21           minimum state financial commitment of 
22           $40 million per year for this program.  You 
23           heard earlier what we can do with underfunded 
24           amounts -- just think how we can positively 
                                                                   532
 1           impact your community with proper funding.
 2                  While I'm on a roll, NYAMA is 
 3           consistently looking towards the future 
 4           because airplanes don't fly in reverse.  We 
 5           go forward.  We're seeing future challenges 
 6           in air service and economic development as 
 7           well as environmental sustainability and 
 8           advanced air mobility.  Our members are 
 9           really good at what they do with the money 
10           that we have.  And with your help and the 
11           funding, we can outpace the nation in these 
12           areas.
13                  NYAMA is ready to work with you to 
14           launch our state ahead of all the others, but 
15           we need to do it together with good 
16           investments from New York State.  NYAMA 
17           commends Governor Kathy Hochul for 
18           recognizing the unique capital needs for 
19           airports, and we extremely appreciate the 
20           importance of the Aviation Capital Grant 
21           Funding program by the cochairs of the 
22           Aviation Caucus, Assemblymember Donna Lupardo 
23           and Senator Monica Martinez, and the members 
24           of the caucus.
                                                                   533
 1                  In conclusion, well-funded aviation 
 2           capital programs for the Empire State's 
 3           airports are essential to protect jobs and 
 4           ensure economic health for the state and its 
 5           residents.  Thank you so much.
 6                  CHAIRMAN PRETLOW:  Thank you.
 7                  MR. HRONCICH:  Good evening and thank 
 8           you to Chairs Pretlow and Magnarelli and to 
 9           the collection of Senators and 
10           Assemblymembers for staying with us this 
11           evening.  
12                  My name is John Hroncich.  I work at 
13           BAE Systems.  I'm here representing the over 
14           2,000 employees BAE Systems across New York 
15           State, including over 1200 in Endicott, where 
16           I'm from, where I live -- I've been there for 
17           15 years -- and where we design and 
18           manufacture electric propulsion systems for 
19           heavy-duty transit vehicles.
20                  I'd like to talk to you today about 
21           the MTA capital plan:  $68 billion is what 
22           the plan is asking for.  Comparatively, the 
23           rest of New York State, the five-year capital 
24           request is a billion dollars, just to give 
                                                                   534
 1           you some scale.  Right?  The MTA is a very 
 2           large agency.  They represent about 10 to 
 3           12 percent of total bus production between 
 4           the U.S. and Canada each year.
 5                  In the capital plan that was approved 
 6           by the MTA Board, there are 500 battery 
 7           electric buses.  We support that.  What I'd 
 8           like to challenge is the 1,746 diesel buses 
 9           and zero hydroelectric buses in the current 
10           2025-2029 MTA capital plan.  One thousand 
11           seven hundred forty-six diesel buses 
12           represents more diesel buses than the 
13           combined 10-year purchases from Boston, 
14           Montreal, Toronto, Philadelphia, and 
15           Washington, D.C., in the past 10 years.  In 
16           fact, Philadelphia just retired their last 
17           diesel bus. 
18                  The MTA fleet is about 75 percent 
19           diesel buses, which represents the highest 
20           percentage in about 20 years.  And for the 
21           $68 billion they're looking for, what will 
22           that get?  Well, the percentage will go down 
23           to 72 percent.  Essentially the battery 
24           electric buses that the MTA is planning to 
                                                                   535
 1           procure aren't replacing diesel buses, 
 2           they're replacing hybrid buses.  The hybrid 
 3           buses that are manufactured in Endicott, 
 4           New York -- the hybrid buses that have served 
 5           the MTA well with proven, reliable service, 
 6           the hybrid buses you see running throughout 
 7           all five boroughs of the city.
 8                  I'm here today to talk about the 
 9           investment that is being made through the 
10           capital plan.  Yes, there's a benefit to 
11           upstate.  When the MTA buys a diesel bus, 
12           76 percent of that money leaves the state.  
13           When they spend the incremental money to buy 
14           a battery electric bus, over 90 percent of 
15           that additional funding leaves the state.  If 
16           they were to buy a hybrid electric bus, the 
17           incremental spend would be 80 percent kept in 
18           New York State.
19                  That's why I'm here today, and we 
20           hopefully can count on your support.
21                  Thank you.
22                  PUTNAM COUNTY EXECUTIVE BYRNE:  Good 
23           evening.  Kevin Byrne, Putnam 
24           County Executive.  
                                                                   536
 1                  I want to thank Chairman Pretlow -- 
 2           congratulations on the Ways and Means chair.  
 3           Quite the upgrade from the last time I was 
 4           here.  And it's great to see so many former 
 5           colleagues.
 6                  I'm joined with my deputy commissioner 
 7           of DPW, Joe Bellucci, and I want to share 
 8           some perspective as not only just a former 
 9           state legislator, but now as county 
10           executive.  
11                  But I also want to start by 
12           reinforcing some of the comments and 
13           discussions earlier regarding the congestion 
14           tax in New York City.  And while some may not 
15           think of Putnam County and the businesses in 
16           Putnam County as being affected, we are.  And 
17           there is a detrimental impact to not only our 
18           residents that commute but also to some of 
19           our businesses, including our largest 
20           private-sector employer -- which employs over 
21           600 people -- Ace Endico.  
22                  Our economic development team 
23           projected it's going to cost them potentially 
24           a quarter of a million dollars, $250,000 a 
                                                                   537
 1           year.  So I just wanted to share that, and 
 2           hopefully there will be consideration in the 
 3           future for other forms of financing.  I know 
 4           there's a lot of discussion about that.
 5                  Speaking specifically to Putnam 
 6           County, I want to thank the Legislature.  
 7           Last year we received 1.2 million alone in 
 8           CHIPS funding.  And that was 1.2 million 
 9           which would have otherwise likely been raised 
10           and spent with the support of property taxes.
11                  In Putnam County we serve just under 
12           100,000 people, and our county government is 
13           responsible for maintaining 83 culverts, 
14           31 bridges, and 116 centerlane miles of 
15           county roadway.  And that is not including 
16           the state roadway that we also take care of.
17                  I also want to just mention as far as 
18           from my experience in the State Legislature, 
19           things that I learned, that nearly nine out 
20           of every 10 roads in our state are maintained 
21           under local jurisdiction, totaling more than 
22           97,000 centerlane miles of local government's 
23           roads, compared to just over 15,0000 lane 
24           miles owned by the state.
                                                                   538
 1                  Additionally, of the nearly 17,500 
 2           bridges in the state, more than half -- over 
 3           8,000 -- are owned by local governments.  I 
 4           know that's something that you probably heard 
 5           so many different times, people like Phil 
 6           Palmesano can say it in his sleep.
 7                  Specific to Putnam County and 
 8           Region 8, I've heard that be discussed 
 9           several times.  I want to thank the New York 
10           State DOT for many of their projects that 
11           they've worked collaboratively with the 
12           county government.  I see that Route 311, 
13           Route 52 are on our project schedule.  
14                  But noticeably absent is Route 301.  
15           Route 301 connects essentially the 
16           Hudson River to the rest of the county, east 
17           to west.  We have miles and miles of 
18           protected parkland which we treasure, but in 
19           many ways Putnam County is segmented from the 
20           west side to the east side.  And Route 301 is 
21           in disrepair.  
22                  We also wanted to bring to your 
23           attention any opportunity to expand 
24           paratransit.  County government works to 
                                                                   539
 1           provide paratransit services, but we also 
 2           know that there's gaps in services.  So where 
 3           there's an opportunity to expand those 
 4           services, we want to do that.  And a 
 5           shout-out to your DMV commissioner and my 
 6           clerk:  Parents as the Driving Partners.  
 7           Great program, hope you expand it statewide.  
 8                  Thank you.
 9                  CHAIRMAN PRETLOW:  Thank you, 
10           Mr. County Executive.  
11                  Mr. Magnarelli?
12                  ASSEMBLYMAN MAGNARELLI:  Ms. Bailey, I 
13           just have a question.
14                  First of all, thank you all for being 
15           here again.  I've seen you before.
16                  Ms. Bailey, you talked about salt in 
17           the Adirondacks.  We did a study, I think it 
18           was just two years ago -- I'm not quite 
19           sure -- I was told it came back and that the 
20           DOT was looking at it and it was going to 
21           implement some of the things that were there, 
22           including using less salt on the roads.
23                  Are you saying they're not, or they're 
24           not doing enough even with the study?  Could 
                                                                   540
 1           you explain that to me.
 2                  MS. BAILEY:  And yes, for those who 
 3           may not know, in the fall of 2023 the 
 4           Adirondack State Road Salt Task Force Report 
 5           was released, issuing about 160 best-in-class 
 6           recommendations for how to prevent salt 
 7           pollution across the State of New York, but 
 8           seeing the Adirondacks as the canary in the 
 9           coal mine.  
10                  As part of the act that mandated the 
11           creation of that report, several pilot 
12           projects were required to be initiated by the 
13           DOT.  This August, some findings were 
14           released about the status of those pilots and 
15           their degrees of success.  That is all we 
16           really know, as the general public, about the 
17           direction that the DOT is moving in --
18                  ASSEMBLYMAN MAGNARELLI:  How did it 
19           go?  I mean, things were released, 
20           information released.
21                  MS. BAILEY:  Yes, there was a digital 
22           report --
23                  ASSEMBLYMAN MAGNARELLI:  Was it 
24           helping?  Was it not helping?
                                                                   541
 1                  MS. BAILEY:  They showed signs of 
 2           positive salt reduction.  I don't believe the 
 3           recommendations are being implemented to 
 4           their fullest extent.  
 5                  Those of you who drive around the 
 6           Adirondack Park have seen plenty of plows 
 7           dropping salt when there's no precipitation 
 8           coming down and no snowpack on the road.  Our 
 9           communities see it plain and clear, 
10           particularly our local and county highway 
11           road managers, who are doing their part to 
12           reduce salt.
13                  And I realize this is a large 
14           institution to change.  It takes time.  But 
15           we want to be a supportive partner to help 
16           the department do just that.  We think 
17           there's a lot more they can be doing with 
18           support.
19                  ASSEMBLYMAN MAGNARELLI:  Well, I'm 
20           going to ask you to either contact my office 
21           and come in and see me for an evaluation of 
22           what we're talking about, or send me 
23           something.
24                  MS. BAILEY:  Absolutely.
                                                                   542
 1                  ASSEMBLYMAN MAGNARELLI:  Because this 
 2           is something I am interested in.  And I know 
 3           Billy Jones is very interested in it too.  So 
 4           I'd like to follow up, okay?
 5                  MS. BAILEY:  Thank you.
 6                  ASSEMBLYMAN MAGNARELLI:  Thank you.
 7                  CHAIRWOMAN KRUEGER:  (Inaudible.)
 8                  SENATOR COMRIE:  I don't have any 
 9           questions, but thank you.  Please keep in 
10           contact with my office during the budget.  
11           I'll do what I can to make sure that I 
12           support my upstate colleagues.  
13                  As I said to the earlier panel, we 
14           want to make sure that all of our communities 
15           in this state get what they deserve in the 
16           resources that you have.
17                  I appreciate your testimony.  Thank 
18           you for being here.
19                  CHAIRMAN PRETLOW:  Assemblyman 
20           Braunstein.
21                  ASSEMBLYMAN BRAUNSTEIN:  Thank you.
22                  And thank you all for your patience, 
23           for waiting all this time to testify.
24                  My question is for the gentleman from 
                                                                   543
 1           BAE Systems.  How do you pronounce your name, 
 2           sir?
 3                  MR. HRONCICH:  Yes, it's John 
 4           Hur-on-check.
 5                  ASSEMBLYMAN BRAUNSTEIN:  Okay, thank 
 6           you.
 7                  You talked about the MTA plan and the 
 8           proposed bus purchases.  You express there's 
 9           three different kinds of bus:  There's 
10           diesel,  there's hybrid, and then there's 
11           electric?
12                  MR. HRONCICH:  There's also natural 
13           gas.  That's another --
14                  ASSEMBLYMAN BRAUNSTEIN:  Let's stick 
15           with those three that you discussed.  
16                  What is the cost of each individual 
17           one?
18                  MR. HRONCICH:  That's a great 
19           question.  On average, right, a diesel bus is 
20           about $700,000.  A hybrid electric bus would 
21           be 925.  And a battery electric bus would be 
22           1.1, $1.15 million each.
23                  ASSEMBLYMAN BRAUNSTEIN:  Not a huge 
24           difference.  Have you contacted the MTA and 
                                                                   544
 1           had a conversation about why they chose 
 2           diesel over --
 3                  MR. HRONCICH:  Yes, we've been 
 4           supplying the MTA with product for over 
 5           20 years, so we had a very good relationship 
 6           with the MTA.
 7                  They're investing in battery electric 
 8           buses.  Now, the prices I gave you are just 
 9           for the bus.  Out of those three types, 
10           battery electric buses require substantial 
11           funding for infrastructure, which is almost 
12           1.5 times the cost of the bus.  And the MTA 
13           has 26 depots.  So they're, you know, working 
14           with Con Ed.  
15                  And you can just imagine, right, that 
16           the bus, when it comes to battery electric 
17           buses, is just a piece of the capital 
18           requirement.
19                  ASSEMBLYMAN BRAUNSTEIN:  And do you 
20           have a hypothesis about why they're moving 
21           off of a hybrid bus?  Is that the same 
22           challenge with infrastructure?
23                  MR. HRONCICH:  No.  Hybrid buses are 
24           essentially no infrastructure required.  
                                                                   545
 1           They're essentially replacements for diesel 
 2           buses in that respect.
 3                  I think it's a matter of funding, 
 4           frankly.
 5                  ASSEMBLYMAN BRAUNSTEIN:  But you said 
 6           there were only about 200,000 difference.
 7                  MR. HRONCICH:  Correct.  Well, again, 
 8           this is John Hroncich's --
 9                  ASSEMBLYMAN BRAUNSTEIN:  I guess I say 
10           only, but when you're buying thousands it 
11           probably --
12                  MR. HRONCICH:  Right, I can't speak 
13           for the MTA, right, particularly.  But the 
14           MTA's looking at buying 2200 buses, so, you 
15           know, the numbers get big really fast when 
16           you're talking about -- 
17                  ASSEMBLYMAN BRAUNSTEIN:  I want to 
18           just thank you for bringing that to our 
19           attention.
20                  MR. HRONCICH:  Thank you.
21                  CHAIRMAN PRETLOW:  Senator?
22                  CHAIRWOMAN KRUEGER:  Thank you very 
23           much -- {mic out; inaudible}.  Sorry, there 
24           we go.  Thank you up there.
                                                                   546
 1                  -- since you handle construction 
 2           materials and there's a lot of interest and 
 3           concern about trying to do things in a more 
 4           environmentally safe way.
 5                  Has there been progress in actually 
 6           being able to meet things like the CLCPA 
 7           requirements for improved products for 
 8           building our highways and our roads and 
 9           repairing them so that we can meet both sets 
10           of targets, making sure we have safe and 
11           healthy roads but also trying to decrease the 
12           environmental damage?
13                  MR. EPSTEIN:  Sure.  First and 
14           foremost, I do want to say that we're 
15           agnostic in terms of types of materials as 
16           long as they're tested and they're deemed 
17           safe and durable for the common public.
18                  One of the things we'd like to see is 
19           the state use more recycled asphalt pavement, 
20           recycled concrete pavement in their 
21           specifications, because basically not only 
22           would it reduce the amount of aggregate 
23           materials that need to be produced, but saves 
24           energy and carbon emissions, as well as you 
                                                                   547
 1           are reducing the amount of energy in the 
 2           production stage for -- you know, in terms of 
 3           energy.  
 4                  So by using more recycled material -- 
 5           and I believe New York City can use up to 
 6           40 percent right now -- you're not only 
 7           reducing the cost of production, the cost of 
 8           the material, and you're getting greater 
 9           value of the materials in terms of what you 
10           can actually do in terms of performance on 
11           the system. 
12                  So we would support any and all 
13           alternatives that are deemed safe.  And like 
14           I said, what we want to do is remove our 
15           energy footprint from the manufacturing 
16           process.  
17                  But I do want to kind of cross over to 
18           the conversation that was just had.  
19           Unfortunately, because of the types of 
20           temperatures that are involved in producing 
21           materials like asphalt, there are no viable 
22           or commercially available electrification 
23           processes.  
24                  So this is something that we'll have 
                                                                   548
 1           to work with the Legislature on in terms of 
 2           how we prepare the industry that's more than 
 3           willing to work with you on these alternative 
 4           materials, but in a way that we can actually 
 5           make them available to the towns, to the 
 6           counties, and to the state.
 7                  CHAIRWOMAN KRUEGER:  Thank you.  I 
 8           would love for us all to work on that 
 9           together.  Thank you.
10                  CHAIRMAN PRETLOW:  Mr. Miller.
11                  ASSEMBLYMAN MILLER:  Thank you.  
12                  Thank you all for your testimony.
13                  This is a question for Mr. Heefner.  
14           You gave a figure there, and I just want to 
15           clarify that.  Eighty billion in aviation 
16           economic impact across the state.  Is there a 
17           report with the airports broken down?  
18                  MR. HEEFNER:  Yes, sir.
19                  ASSEMBLYMAN MILLER:  Is it something 
20           you can supply us with?
21                  MR. HEEFNER:  Absolutely.  Would love 
22           to do that.
23                  It's a beautiful website that New York 
24           State DOT just finished this last year and 
                                                                   549
 1           released it.  They actually did a great job 
 2           of gathering pre-COVID information, 
 3           during-COVID information, and then the last 
 4           most updated information is from 2022.  So 
 5           it's a really comprehensive study, and it's 
 6           quite interactive.  I send my county 
 7           legislator there all the time.  
 8                  You can click on it, click on all the 
 9           airports across the state.  And it's a 
10           beautiful graphic because you see how many 
11           airports New York State has, and we are just 
12           so gosh-darn blessed to have the ability to 
13           have so many airports.
14                  So yeah, I can definitely supply that 
15           for you.
16                  ASSEMBLYMAN MILLER:  Thank you.
17                  CHAIRMAN PRETLOW:  Mr. Ra.
18                  ASSEMBLYMAN RA:  Thank you all for 
19           your patience and sticking around.
20                  County Executive Byrne.  So you 
21           finished -- right under the wire you 
22           mentioned a program that you have in your 
23           county and that you wanted to see perhaps 
24           expanded.  Could you perhaps just tell us a 
                                                                   550
 1           little bit about it?
 2                  PUTNAM COUNTY EXECUTIVE BYRNE:  Sure.  
 3           Thank you.  It's a great question, 
 4           Assemblyman Ra.
 5                  Yes, Parents as Driving Partners.  
 6           It's actually -- I was trying to highlight.  
 7           It's a program that I don't administer, I 
 8           won't take credit for it.  It's really our 
 9           county clerk, Michael Bartolotti, and it's 
10           been a regional program that we worked with 
11           Dutchess County and I believe Orange County, 
12           in collaboration with our Youth Bureau.
13                  And it really is a program that helps 
14           give more of a guide and instructions for 
15           parents to be actively involved in taking a 
16           pledge with their teens when they go into 
17           driving.  That's been kind of a lacking 
18           structure.  It's been much more engaging.  
19           And the whole thought process is that we're 
20           now really not only helping them, but also 
21           making our roads safer.
22                  So it's been a very helpful 
23           collaboration with our DMV and Youth Bureau 
24           throughout the Hudson Valley.  I just think 
                                                                   551
 1           it's a really good model and it is something 
 2           that I think is very low-cost -- except for 
 3           some time, some commitment and some 
 4           brochures -- that could easily be expanded 
 5           statewide and help make our roads safe.
 6                  ASSEMBLYMAN RA:  Parents as Driving 
 7           Partners.
 8                  PUTNAM COUNTY EXECUTIVE BYRNE:  
 9           Parents as Driving Partners, correct.
10                  ASSEMBLYMAN RA:  Thank you.
11                  CHAIRMAN PRETLOW:  Assemblyman Bores.
12                  ASSEMBLYMAN BORES:  Thank you all for 
13           being here.  
14                  My questions are for Mr. Heefner.
15                  Does NYAMA -- do you represent 
16           airports of all sizes, including smaller 
17           airports?  Or is there a limit to who is 
18           included?
19                  MR. HEEFNER:  Nope, we'll take anybody 
20           that wants to be a member.  We have all the 
21           way from the Port Authority airports down to 
22           your small general aviation -- 
23                  ASSEMBLYMAN BORES:  So I want to ask 
24           you a question mostly about small airports, 
                                                                   552
 1           and I wasn't sure if it was relevant.
 2                  MR. HEEFNER:  Fire.
 3                  ASSEMBLYMAN BORES:  You mentioned 
 4           sustainable fuels in your testimony.  I would 
 5           add in replacements for avgas.  You know, I 
 6           think most people don't realize that leaded 
 7           gas is still used, and obviously the FAA has 
 8           a long program, the EAGLE program, along with 
 9           others, to find replacements for it.
10                  One of the challenges that's being 
11           found is that there might be many different 
12           kinds of fuels without lead that work, but 
13           they can't actually be combined, which means 
14           many small airports will need to have 
15           multiple fuel tanks and may only have one.
16                  So as you talk about investments in 
17           these airports and preparing for what's 
18           coming, what's your sense of where small 
19           airports in New York are in terms of 
20           installing additional fuel tanks and fuel 
21           lines to prepare for that transition?
22                  MR. HEEFNER:  I couldn't have asked 
23           for a better softball.
24                  (Laughter.)
                                                                   553
 1                  MR. HEEFNER:  That's what the 
 2           Aviation Capital Grant Program helps with.  
 3           So at Greater Binghamton Airport we just 
 4           actually finished a self-serve avgas tank to 
 5           serve the general aviation public.  And we 
 6           utilized the Aviation Capital Grant Program, 
 7           and there's an $800,000 to do a tank. 
 8                  That program is the perfect way to 
 9           allow the smaller airports to be able to 
10           afford those different types of funding 
11           sources.  And we're also working with several 
12           partners to be able to allow the smaller 
13           airports that don't have the spending power, 
14           the buying power, the borrowing power, to be 
15           able to find avenues to be able to do that.
16                  So it's definitely something that is 
17           100 percent on our radar, and that's why we 
18           think, you know, it's a great investment 
19           because it allows those small communities to 
20           get in front.  I'm a former college football 
21           player, so I'm always competing against 
22           everybody, and that's why I say like New York 
23           State has the ability to get in front of all 
24           the other states if we invest in it properly.  
                                                                   554
 1                  So our airports are an absolute gem.
 2                  ASSEMBLYMAN BORES:  Would love to 
 3           follow up on that.  
 4                  Senator Liu -- who had to leave -- and 
 5           I are working on helping this transition 
 6           happen in New York, which I think really 
 7           needs to happen by 2031 when federal 
 8           preemption goes away.  Which seems like a 
 9           long ways away, but in terms of investing in 
10           these changes, isn't that far.  So would love 
11           to talk more about how we can make that 
12           transition in New York.
13                  MR. HEEFNER:  Absolutely.
14                  And I will just add that, you know, we 
15           always, from NYAMA's perspective, try to make 
16           sure that we take into account that the 
17           federal government is a large player in this.  
18           And our neighbors all the way on the 
19           West Coast decided they wanted to jump the 
20           gun a little bit and get in front of that, 
21           and then they had to be reeled back.
22                  So, you know, we're here to help.  
23           We're here to work together.  Love the 
24           conversation.  Let's roll.
                                                                   555
 1                  ASSEMBLYMAN BORES:  Looking forward to 
 2           it.  Thank you.
 3                  CHAIRMAN PRETLOW:  Assemblyman 
 4           Palmesano.
 5                  ASSEMBLYMAN PALMESANO:  Yes.  
 6                  Mr. Byrne, Mr. Epstein, it's wishful 
 7           thinking that you're both going to be able to 
 8           answer this, but I'm going to start with 
 9           Mr. Byrne.  
10                  But CHIPS, CHIPS, CHIPS.  Flat funding 
11           proposed in this budget, last year was flat 
12           funding.  But yet the Federal Highway 
13           Administration said a 70 percent highway cost 
14           construction inflation increase.  How is that 
15           impacting your ability in your role as county 
16           executive to do the job you need to do and 
17           the infrastructure?  
18                  And then also, you know, if you can 
19           answer it, you know, based on your experience 
20           both in your past job and with the 
21           construction materials industry, what are you 
22           seeing on how that's impacting your customers 
23           who you're providing materials to?
24                  So Kevin first, and hopefully you'll 
                                                                   556
 1           have a chance.
 2                  PUTNAM COUNTY EXECUTIVE BYRNE:  Sure.  
 3           I'll try to be brief so Mr. Epstein can 
 4           respond too.
 5                  Obviously the cost of inflation, the 
 6           cost of labor, the cost of everything has 
 7           gone up.  So anytime we're not able to get 
 8           that increase, it will either force us to do 
 9           more borrowing as a county, postpone capital 
10           projects, or dip further into property taxes 
11           more than we need to.  Or it forces us to 
12           prioritize our spending elsewhere.  
13                  So yeah, it is a concern.  And one of 
14           the things that I know that we gave as 
15           recommendations from the task force the 
16           Assembly Minority came up with a while back 
17           was tying the CHIPS to CPI.  So it would be 
18           indexed, so you wouldn't have to have this 
19           battle each and every year.  I think that 
20           would be a really worthwhile endeavor.
21                  MR. EPSTEIN:  So to answer your 
22           question directly, we're seeing much lower 
23           placement of pavements on state highways.  
24                  And the thing that alarms me more than 
                                                                   557
 1           anything is that there's something called 
 2           vendor placed paving, which is actually 
 3           administered by OGS, but the Department of 
 4           Transportation develops the projects.  It is 
 5           probably the lowest-cost type of paving 
 6           program you can do in the state and has one 
 7           of the most expansive reaches.  
 8                  But those numbers are basically 
 9           roughly half of what they were from a year 
10           ago.  So the tonnage for paving materials are 
11           down, the number of lane miles that are being 
12           renewed are down.
13                  Now, that's not all the result of 
14           inflation.  We have to be honest with 
15           ourselves, there are some big large-scale 
16           projects that are underway.  We saw this when 
17           the Thruway went through the Tappan Zee 
18           Bridge to the Mario M. Cuomo Bridge, you 
19           know, transition.
20                  A lot of time, attention and resources 
21           go to large-scale projects, and so the core 
22           activities tend to suffer.  And so part of 
23           what we need to look at is also 
24           prioritization:  Are we getting the maximum 
                                                                   558
 1           amount of work for the public, or are we 
 2           doing, you know, a minimum amount for 
 3           priorities -- I'm not going to say they're 
 4           not important, that's not the issue.  But are 
 5           we, given the condition of our current 
 6           system,  are we using the money in the best 
 7           fashion that gives us the greatest return on 
 8           that investment?
 9                  ASSEMBLYMAN PALMESANO:  Thank you.
10                  And this is unusual for me.  I just 
11           want to say thank you.  
12                  And Kevin, thanks for working on that 
13           task force.  It was fun, and we traveled 
14           around the state and we learned a lot and 
15           came up with some good ideas.  Hopefully some 
16           of that can be implemented in the future.
17                  Thank you.  Thank you, guys.
18                  CHAIRMAN PRETLOW:  Assemblywoman 
19           Shimsky.
20                  ASSEMBLYWOMAN SHIMSKY:  Just quickly, 
21           thank you, Chairman Magnarelli, for agreeing 
22           to look at the salt issue.  There are better 
23           ways.  Thank you.
24                  CHAIRMAN PRETLOW:  Thank you one and 
                                                                   559
 1           all.  That ends this session -- this section.
 2                  CHAIRWOMAN KRUEGER:  Thank you.
 3                  CHAIRMAN PRETLOW:  Thank you very much 
 4           for your testimony.
 5                  (Off the record.)
 6                  CHAIRWOMAN KRUEGER:  Okay, Panel E, if 
 7           you'd like to join us up front.
 8                  (Off the record.)
 9                  CHAIRWOMAN KRUEGER:  Do we have anyone 
10           else here joining us?
11                  (Off the record.)
12                  CHAIRWOMAN KRUEGER:  Okay.  Want him 
13           to start?
14                  CHAIRMAN PRETLOW:  Yes, you can start.  
15           Introduce yourself -- just start.  Go right 
16           into it.
17                  MR. GREIF:  I'm Christopher D. Greif, 
18           advocate for people with disabilities and the 
19           ADA accessibility president of a group that I 
20           created over four years.
21                  CHAIRWOMAN KRUEGER:  Great.  Okay, 
22           please start.
23                  MR. GREIF:  Good evening, everyone.  
24           Good evening, Senators and Assembly.  If I 
                                                                   560
 1           say everyone's name, we will not have enough 
 2           time.
 3                  My name is Christopher D. Greif.  Some 
 4           of you may know me as a New York City Transit 
 5           Riders Council member, ACTA member, advocate 
 6           for people with developmental disabilities, 
 7           advocate for disabilities for over 32 years.
 8                  I'm here today to advocate for 
 9           accessibility.  As the MTA was here -- and 
10           I've been here since 9:30 this morning -- I 
11           have seen a lot of things, and my 
12           presentation, PowerPoints, the reason -- 
13           people thought I was going to do it on the 
14           screen, and I said no.  We need to show the 
15           pictures of the history, what we 
16           accomplished.
17                  Senators and Assemblymembers who are 
18           living in upstate, downstate, and everywhere 
19           have seen what things have changed.  We're 
20           not talking about the old, we're talking 
21           about the future of accessibility.  The 
22           future of accessibility is important to 
23           everyone.  
24                  And when I say everyone, my former 
                                                                   561
 1           colleague, let her rest in peace, the late 
 2           Edith Prentiss, was always fighting for 
 3           accessibility.  And I am -- you may have 
 4           heard some of them call me Edith Prentiss 
 5           2.0.  Yes, I am.
 6                  I am advocating for more 
 7           accessibility -- not just for elevators and 
 8           ramps, but everything.  As you see in those 
 9           pictures and everything, we are trying to 
10           advocate for more accessibility for not just 
11           elevators and ramps but updating our 
12           signages, LED lighting, updating the buses -- 
13           which I did hear somebody mention gasoline.  
14                  Well, it's called funding.  We have to 
15           advocate to get updated buses.  But I'm glad 
16           the buses are ADA-accessible and safe, 
17           because there is a ramp in the front of the 
18           bus, not in the back of the bus.
19                  Second, Long Island Rail Road and 
20           Metro-North are being tested with a special 
21           alert button which is called boarding 
22           assistance.  The boarding assistance means we 
23           will press the button and the train crew will 
24           know there's an accessible customer.  
                                                                   562
 1                  Right now Metro-North is being tested, 
 2           at the Harlem Line, and it's already being 
 3           done at the Long Island Rail Road branches on 
 4           Nassau and parts of Suffolk County.  And yes, 
 5           there is one in Brooklyn, at Nostrand.
 6                  We want to make sure we continue those 
 7           thoughts and continue those technologies to 
 8           move forward.  As you've seen, there's a 
 9           program going on thanks to our elected 
10           officials in Manhattan, and it did start in 
11           Brooklyn in Jo Anne's district at 
12           Jay Street-MetroTech, which is called the 
13           NaviLens program.  And it is in your district 
14           too, Senator Krueger.
15                  The NaviLens program is linked, even 
16           on my phone.  And it's not just for a person 
17           for language, but deaf and blind communities 
18           can also use it very well.  It's been tested.  
19                  I was the chair of that technology 
20           committee years ago, and I will say it is 
21           nice to see -- to try something new and test 
22           it first.  I am the OMNY tester as well.  
23           Unfortunately, my mother couldn't be here; 
24           she is the AAR, Access-A-Ride.  I've been 
                                                                   563
 1           testing it all over around the boroughs and 
 2           everywhere.
 3                  Thank you.
 4                  CHAIRMAN PRETLOW:  Thank you.
 5                  Chairman.
 6                  ASSEMBLYMAN MAGNARELLI:  (Mic off; 
 7           inaudible.)
 8                  MR. GREIF:  Thank you, Assemblyman, 
 9           and it was good to hear from you on the phone 
10           last night.
11                  CHAIRWOMAN KRUEGER:  Leroy?
12                  SENATOR COMRIE:  Thank you for being 
13           here and waiting all day.  
14                  Can you -- I didn't understand the 
15           system.  Can you explain it a little for me?
16                  MR. GREIF:  The system for 
17           accessibility, you mean, Senator?  
18                  SENATOR COMRIE:  Yes.
19                  MR. GREIF:  Okay.  For the last six 
20           years, accessibility, thanks to our former 
21           president, Andy Byford, who restarted the 
22           accessibility, MTA accessibility created.  
23           Thanks -- that's why we have Quemuel Arroyo, 
24           Q, who is there to continue working on more 
                                                                   564
 1           accessibility.
 2                  Right now as we have been advocating, 
 3           and which I have been advocating with that 
 4           group, and Transit Riders Council, with Lisa 
 5           Daglian with PCAC, which is part of it, we've 
 6           been continuing advocating, updating our 
 7           trains, buses, elevators, ramps and, yes, 
 8           signages as well.  And as you know, I have 
 9           been with you at the open house in Queens.
10                  SENATOR COMRIE:  Mm-hmm.
11                  MR. GREIF:  I was there for a reason 
12           because a lot of people need to understand 
13           that we have to move forward, not backwards.  
14           And a lot of the groups when I've seen 
15           lately --
16                  SENATOR COMRIE:  I'm sorry, I've only 
17           got a little amount of time.
18                  MR. GREIF:  Sorry.
19                  SENATOR COMRIE:  Do you think ramps 
20           are more effective than elevators for the 
21           accessibility community?
22                  MR. GREIF:  A lot of us want more 
23           accessible elevators, but if some stations 
24           could be ramped, it would be really 
                                                                   565
 1           appreciated and save costs, money.
 2                  SENATOR COMRIE:  So as far as Hill 
 3           Station, do you think that's better as a ramp 
 4           or as an elevator?
 5                  MR. GREIF:  It depends with the 
 6           station's structure.  I can say some stations 
 7           may have more opening space; then you can do 
 8           a ramp.  But if not, then the elevator's the 
 9           next option.
10                  SENATOR COMRIE:  Okay.  Thank you.
11                  Thank you.
12                  MR. GREIF:  Thank you, Senator.
13                  CHAIRWOMAN KRUEGER:  Assembly?
14                  CHAIRMAN PRETLOW:  Assemblymember 
15           Simon.
16                  ASSEMBLYWOMAN SIMON:  There we go.
17                  Thank you, Chris.  Good to see you.
18                  MR. GREIF:  Good to see you.
19                  ASSEMBLYWOMAN SIMON:  Thank you for 
20           coming and staying all day.
21                  You know, a couple of us asked 
22           questions of the MTA earlier about 
23           accessibility -- which is obviously a work in 
24           progress, as you know.  Once upon a time we 
                                                                   566
 1           didn't even have the hundred stations yet, 
 2           right?
 3                  MR. GREIF:  Mm-hmm.
 4                  ASSEMBLYWOMAN SIMON:  But we've also 
 5           had a continuing problem with elevators not 
 6           working, particularly the ones that are put 
 7           in by somebody else.
 8                  MR. GREIF:  Yes.
 9                  ASSEMBLYWOMAN SIMON:  And we've made a 
10           lot of progress on that.  There's a great 
11           deal of fear that if the capital plan isn't 
12           funded to the tune of the 68 billion, that 
13           there will be cuts to the number of 
14           accessibility improvements in stations. 
15                  Given your, you know, working so 
16           closely with the MTA and being at just about 
17           every opening I've ever seen -- I know I see 
18           you all the time on Facebook --
19                  MR. GREIF:  Guilty as charged.
20                  ASSEMBLYWOMAN SIMON:  -- you know, 
21           what is your feeling about the likelihood of 
22           success in making the system more accessible?  
23           And how quickly are we going to be able to do 
24           that?  It's a long project, but I'm 
                                                                   567
 1           curious -- because you know a lot about 
 2           that -- what your views are on that.
 3                  MR. GREIF:  Well, Assemblywoman Simon, 
 4           just to be very clear, what I've been telling 
 5           everyone -- not just in Brooklyn, but in all 
 6           the New York region -- you want an accessible 
 7           station, you have to put in the support 
 8           letter and they have to not just cc to the 
 9           MTA, it has to be cc'd to the Assembly, the 
10           Senate, yes, and the Congress as well.
11                  Thanks to some of -- we have seen more 
12           stations being added in.  You did have on 
13           your list 4th Avenue-Ninth Street and Smith 
14           at Ninth Street, which I mentioned to your 
15           staff yesterday.  Because a lot of people 
16           have -- it's not just going to community 
17           boards, it's support letters that would work.  
18                  And I have encouraged everyone, I have 
19           done a presentation on it encouraging people 
20           to do that as well.  And I'm not afraid to 
21           remind people that, you know, those are going 
22           to be delayed, like with congestion pricing, 
23           because that is going to go through.  
24                  We need the accessible stations.  We 
                                                                   568
 1           need them for a reason.  Because if 
 2           Access-A-Ride cannot come, we need accessible 
 3           stations.  And buses could be also -- could 
 4           be acting up.  That's why we need accessible 
 5           stations as well.  
 6                  ASSEMBLYWOMAN SIMON:  Right.  Okay.
 7                  MR. GREIF:  And I have full 
 8           confidence, not because it's MTA, but 
 9           advocates watching the MTA.  Because why 
10           should we all go there and yell and fight?  
11           We're sitting there, we're seeing the facts, 
12           but there are times the press doesn't get the 
13           right facts.  And I will say the truth on 
14           that.
15                  ASSEMBLYWOMAN SIMON:  I think that's a 
16           very important point that we have accurate 
17           information as we go forward.
18                  But I think that -- there's a lot of 
19           support, I think, among the Legislature for 
20           improving the accessibility.  So keep 
21           fighting.  Thank you.
22                  MR. GREIF:  Thank you.
23                  CHAIRMAN PRETLOW:  Assemblywoman 
24           Giglio.
                                                                   569
 1                  ASSEMBLYWOMAN GIGLIO:  Thank you for 
 2           being here.
 3                  Yes, so I'll go back to accessibility.  
 4           And accessibility is important, and I'm 
 5           curious as to whether or not the MTA has on 
 6           their website any indication or information 
 7           for people with disabilities when an elevator 
 8           is down or when they can't get on a train, so 
 9           maybe they would look to go to another 
10           station to get on a train where is 
11           accessibility.
12                  Do they have that information on their 
13           website?
14                  MR. GREIF:  Yes, they do.  
15                  And I just want to add something that 
16           I'm glad you brought up.  Because since I've 
17           been on the ACTA committee, I created the 
18           accessible re-route.  When the 1, 2 and 3 
19           trains were out because of switch replacement 
20           at 96th Street, I asked -- the staff at that 
21           time before Q came on was Alex -- that we 
22           need to work on accessible reroutes, because 
23           if a total section is out, how is a senior, a 
24           person with a disability or a baby 
                                                                   570
 1           stroller -- or let's not forget veterans also 
 2           have disabilities, I don't want to leave them 
 3           out -- how can they get options in different 
 4           directions?
 5                  And I have been working with very 
 6           well -- close, yes, to the MTA.  Some people 
 7           have said, Oh, you're so close -- well, yes.  
 8           How can you earn the trust if you don't work 
 9           with them?  Fighting is not going to solve 
10           anything.  Working as a team and moving 
11           forward.
12                  ASSEMBLYWOMAN GIGLIO:  Do they have 
13           somebody specifically at the MTA that works 
14           with you?
15                  MR. GREIF:  Yes.  His name is 
16           Quemuel Arroyo.  And there is an MTA 
17           Accessibility Division.  There is an 
18           MTA Accessibility Team, which is thanks to 
19           Andy Byford, who changed the name to 
20           MTA Accessibility.  
21                  I have attended a lot of those board 
22           meetings.  It's nice to hear the word 
23           "accessibility" in their mouth.  Just like a 
24           cup of water.
                                                                   571
 1                  ASSEMBLYWOMAN GIGLIO:  Yes.  And 
 2           because people with disabilities and seniors 
 3           and people with strollers rely in public 
 4           transportation, it is so important for 
 5           accessibility.
 6                  And my next question for you is 
 7           dealing with the blind and dealing with 
 8           people that may not see signals at a 
 9           crossing, the way in New York City or 
10           anywhere else they have those bumps that they 
11           put on the corners of the intersections to 
12           let people know --
13                  MR. GREIF:  They're called braille.
14                  ASSEMBLYWOMAN GIGLIO:  What?
15                  MR. GREIF:  They're called the -- they 
16           have braille on the floor also.
17                  ASSEMBLYWOMAN GIGLIO:  The braille on 
18           the floor.  And then they also have the 
19           indications to let people know when it's safe 
20           to cross and not.
21                  So do we need more of those?  And if 
22           we do, is anybody mapping that out?
23                  MR. GREIF:  Right now, as I said maybe 
24           before, it's in my presentation, it's called 
                                                                   572
 1           the NaviLens program.  It's being piloted 
 2           right now in Manhattan.  
 3                  It was started at Jay Street and 
 4           MetroTech, in Jo Anne's district, which we 
 5           did start.  It's now expanding, thanks to 
 6           Rabinowitz {ph} and my State Assembly or 
 7           Senate -- because right now I'm 
 8           concentrating, thinking.
 9                  The NaviLens program, which is 
10           actually on my cellphone here, and I have 
11           tested it myself, not just for deaf and 
12           blind, but language as well.
13                  ASSEMBLYWOMAN GIGLIO:  Interesting.
14                  MR. GREIF:  And it's been going up 
15           through different phases, and I will suggest 
16           people who are going to come visit, try it 
17           out.
18                  ASSEMBLYWOMAN GIGLIO:  Okay, great.  
19           Thank you so much.
20                  MR. GREIF:  Thank you.
21                  CHAIRWOMAN KRUEGER:  Roxanne Persaud 
22           to close.  
23                  And we want to make sure you don't 
24           miss your train.
                                                                   573
 1                  MR. GREIF:  Yes.
 2                  SENATOR PERSAUD:  Yes, Chris.  Thanks 
 3           again for coming and sticking it out.  Thanks 
 4           again for all the emails that you send every 
 5           day.
 6                  MR. GREIF:  That's free of charge.
 7                  (Laughter.)
 8                  SENATOR PERSAUD:  I just want to touch 
 9           on the Broadway Junction Station.  Could you 
10           give us any update as to their -- what 
11           they're doing?  We know we've gotten the 
12           money to do the elevators and all the work 
13           that's being done.  Did they give you an 
14           update on the progress?
15                  MR. GREIF:  Right now -- with that 
16           station right now, since it's the most 
17           heaviest one of all -- and Queensboro Plaza 
18           was done thanks to the community of 
19           Long Island City combined, and those were the 
20           two.  
21                  I have seen them starting some work 
22           going on, because it's not just a state, it's 
23           a city and federal combined.  And it's 
24           supposed to link to the Long Island Rail 
                                                                   574
 1           Road.  
 2                  So it is going a little slow.  But I 
 3           will say it's better to go slow because when 
 4           you're transferring there, it's very 
 5           congested and you have to be very cautious 
 6           where you're going to build.  
 7                  Just like when they did Queensboro 
 8           Plaza.  Yes, they closed the station.  But 
 9           they did let everyone know as an option what 
10           to transfer to, because the station has to be 
11           fixed.  
12                  Just like on the 7 Line I mentioned to 
13           Jessica earlier.  Some of those stations have 
14           holes on the floor, just like Broadway 
15           Junction.  They have to do not just an 
16           elevator to be built, or escalators, they 
17           have to build everything on that station to 
18           make it fully accessible, and safety as well.
19                  SENATOR PERSAUD:  Okay, thank you.
20                  MR. GREIF:  No problem.
21                  CHAIRMAN PRETLOW:  Thank you very 
22           much.
23                  CHAIRWOMAN KRUEGER:  Thank you very 
24           much.
                                                                   575
 1                  MR. GREIF:  Thank you so much.
 2                  CHAIRWOMAN KRUEGER:  The advocacy is 
 3           so important.
 4                  CHAIRMAN PRETLOW:  And this formally 
 5           closes the hearing on Transportation.  
 6                  (Applause.)
 7                  (Whereupon, the budget hearing 
 8           concluded at 6:47 p.m.)
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