STATE OF NEW YORK
        ________________________________________________________________________
                                          4880
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
                                       ___________
        Introduced  by  M.  of  A.  ROZIC,  ABINANTI,  BARRETT,  BLAKE, BRONSON,
          BUCHWALD, DenDEKKER, FAHY, GOTTFRIED, HUNTER, JOYNER, LIFTON, LUPARDO,
          MAGNARELLI, M. G. MILLER, MOSLEY, OTIS, RYAN, SANTABARBARA, SEAWRIGHT,
          SCHIMMINGER, SIMON,  STECK,  STIRPE,  ZEBROWSKI,  DE LA ROSA,  D'URSO,
          CAHILL,  ORTIZ,  WALLACE, DICKENS, VANEL, PHEFFER AMATO, WRIGHT, BARN-
          WELL, PICHARDO, CUSICK, GALEF, QUART, RICHARDSON, NIOU, KIM, BICHOTTE,
          O'DONNELL, LAVINE, JEAN-PIERRE, DAVILA, COLTON,  WOERNER,  BRAUNSTEIN,
          LENTOL,  L. ROSENTHAL,  WILLIAMS,  CARROLL, DINOWITZ, SIMOTAS, PAULIN,
          PERRY, RODRIGUEZ, JAFFEE,  JONES,  WEPRIN,  ARROYO,  EPSTEIN,  BARRON,
          CYMBROWITZ, PEOPLES-STOKES, SOLAGES, BYRNE, FRIEND, McDONOUGH, MONTES-
          ANO,  PALMESANO,  RA, RAIA, WALSH, LAWRENCE, M. L. MILLER, BRABENEC --
          Multi-Sponsored by -- M. of A. ABBATE, COOK, ENGLEBRIGHT, GLICK, HEVE-
          SI, HYNDMAN, NOLAN, STEC, THIELE -- read  once  and  referred  to  the
          Committee on Transportation
        AN ACT to amend the transportation law, in relation to a state transpor-
          tation plan
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 15 of the  transportation  law,  subdivision  2  as
     2  amended  by chapter 524 of the laws of 2005 and subdivision 3 as amended
     3  by chapter 1064 of the laws of 1969, is amended to read as follows:
     4    § 15. Comprehensive statewide master plan for transportation.  1.  The
     5  department  shall  formulate [and from time to time revise] a long-range
     6  comprehensive statewide master plan for  the  balanced  development  and
     7  coordination of adequate, safe and efficient commuter and general trans-
     8  portation facilities and services in the state at reasonable cost to the
     9  people,  including, but not limited to, state and local highways, bridg-
    10  es, rapid transit, freight  and  passenger  railroad,  omnibus,  marine,
    11  bicycle,   pedestrian  and  other  mass  transportation  facilities  and
    12  services, and public use aviation and airport facilities and services[,]
    13  whether publicly or privately owned, developed, operated or  maintained.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03763-01-9

        A. 4880                             2
     1  Such  plan  shall  include  a minimum twenty-year forecast period at the
     2  time of adoption, assess long-range needs spanning such period,  include
     3  a  forecast  of  highway  pavement  and bridge conditions, and take into
     4  consideration:
     5    a.  the  most  recent  twenty-year transportation plan adopted by each
     6  metropolitan planning organization within the state pursuant to  subpart
     7  C of part 450 of title 23 of the code of federal regulations; and
     8    b. the most recent long-range statewide transportation plan and state-
     9  wide  transportation improvement program developed by the state pursuant
    10  to subpart B of part 450 of title 23 of the code of federal regulations.
    11    2. The department shall submit such plan to the governor,  the  tempo-
    12  rary  president  of  the  senate, the speaker of the assembly and to the
    13  department of state on or  before  September  first,  [nineteen  hundred
    14  sixty-eight,  and  thereafter shall submit appropriate revisions of such
    15  plan] two thousand nineteen. The department shall review and update such
    16  plan at least every five years to extend the forecast period to at least
    17  twenty years, provided that the department may revise such plan  at  any
    18  other  time without extending such forecast period. The department shall
    19  submit all such revised and updated plans to the governor, the temporary
    20  president of the senate, the speaker of the assembly and to the  depart-
    21  ment  of  state [from time to] at the time [as] such revisions are made.
    22  The department of state shall review such plan and  such  revisions  and
    23  shall  submit a report thereon, together with such recommendations as it
    24  may deem appropriate, to the governor, the temporary  president  of  the
    25  senate  and  the  speaker  of the assembly. Such plan and such revisions
    26  shall become effective upon approval by the governor [and], shall  serve
    27  thereafter as a guide to the public and publicly assisted development of
    28  transportation facilities and services in the state, and the  department
    29  shall  maintain  hard copies of the most recent version of such plan and
    30  revisions thereto on file as a public document  in  the  office  of  the
    31  commissioner and at each regional office of the department.
    32    3. In formulating such plan and any such revisions, the department:
    33    a.  shall conduct [one or more] at least one public [hearings] hearing
    34  in each department region;
    35    b. may consult with and cooperate with (i)  officials  of  departments
    36  and  agencies of the state having duties and responsibilities concerning
    37  transportation;
    38    (ii) officials and representatives of public corporations  as  defined
    39  in  [article  one,  section  three  of  the general corporation] section
    40  sixty-five of the general construction law;
    41    (iii) officials and representatives  of  the  federal  government,  of
    42  neighboring  states  and  of  interstate  agencies on problems affecting
    43  transportation in this state;
    44    (iv) officials and  representatives  of  carriers  and  transportation
    45  facilities and systems in the state; and
    46    (v) persons, organizations and groups utilizing, served by, interested
    47  in or concerned with transportation facilities and systems in the state;
    48    c.  may  request  and  receive  from  any department, division, board,
    49  bureau, commission or other agency of the state or any political  subdi-
    50  vision  thereof  or any public authority such assistance and data as may
    51  be necessary to enable the department to carry out its  responsibilities
    52  under this section; and
    53    d.  may  make  use  of  and  incorporate in the department's plan, any
    54  recognized long-range regional plan for transportation, survey or report
    55  developed by any public or private agency.

        A. 4880                             3
     1    4. The department shall maintain on its public  website  the  proposed
     2  and  adopted  long-range  comprehensive  statewide  master  plan and all
     3  proposed and adopted revisions thereto, and shall  provide  a  means  on
     4  such  website  for  the public to submit comments thereon to the depart-
     5  ment.
     6    §  2. Subdivision 13 of section 14 of the transportation law, as added
     7  by chapter 420 of the laws of 1968, is amended to read as follows:
     8    13. To report from time to time to the governor  and  make  an  annual
     9  report  to  the  governor  and  the  legislature which shall include its
    10  recommendations. Additionally, the commissioner shall submit a report to
    11  the governor, the temporary president of the senate, and the speaker  of
    12  the assembly, beginning September first, two thousand nineteen and semi-
    13  annually  thereafter,  including a list of those capital projects in the
    14  department's capital program that have experienced major schedule chang-
    15  es or major cost changes  in  letting  schedule  or  construction  cost,
    16  including  projects  that  were eliminated and projects that were added,
    17  since the adoption of the most recent state budget. For each project the
    18  report shall include the project identification number and  description,
    19  original  and  revised  letting dates, and a detailed explanation of why
    20  the changes occurred. For the purposes of  this  subdivision,  the  term
    21  "major  schedule  changes" is defined as a twelve-month or more delay in
    22  the letting date of a project, and the  term  "major  cost  changes"  is
    23  defined  as  one  of  the  following as applicable: a greater than fifty
    24  percent change for projects less than one  million  dollars,  a  greater
    25  than  fifty  percent  change  for  projects  less  than  fifteen million
    26  dollars, and a greater than twenty-five percent change for  projects  in
    27  excess of fifteen million dollars.
    28    § 3. This act shall take effect immediately.