Bill Text: NY A09874 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Relates to a state transportation plan; requires such plan include a minimum twenty-year forecast period at the time of adoption, assessing long-range needs spanning such period, including a forecast of highway pavement and bridge conditions; and requires the commissioner of transportation to submit a report to the governor, the temporary president of the senate, and the speaker of the assembly, beginning September first, two thousand nineteen and semi-annually thereafter, a list of those capital projects in the department's capital program that have experienced major schedule changes or major cost changes in letting schedule or construction cost.

Spectrum: Moderate Partisan Bill (Democrat 82-11)

Status: (Engrossed - Dead) 2020-07-21 - REFERRED TO RULES [A09874 Detail]

Download: New_York-2019-A09874-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          9874

                   IN ASSEMBLY

                                    February 20, 2020
                                       ___________

        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, LAVINE, JEAN-PIERRE, QUART, RICHARDSON,
          NIOU, KIM,  BICHOTTE,  O'DONNELL,  DAVILA,  COLTON,  WOERNER,  LENTOL,
          L. ROSENTHAL,  D. ROSENTHAL,  WILLIAMS,  CARROLL,  DINOWITZ,  SIMOTAS,
          PAULIN, PERRY, RODRIGUEZ,  JAFFEE,  JONES,  WEPRIN,  ARROYO,  EPSTEIN,
          BARRON,  CYMBROWITZ,  PEOPLES-STOKES, SOLAGES, McMAHON, BYRNE, FRIEND,
          REYES, CRUZ, McDONOUGH, MONTESANO,  PALMESANO,  RA,  WALSH,  LAWRENCE,
          M. L. MILLER,  BRABENEC, EICHENSTEIN, JACOBSON, GRIFFIN -- Multi-Spon-
          sored by -- M. of A. ABBATE, COOK, ENGLEBRIGHT, GLICK,  HEVESI,  HYND-
          MAN, 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 highways[,] and bridges
    10  under the jurisdiction  of  the  commissioner,  bicycle  and  pedestrian
    11  facilities  on  such  state highways and bridges, rapid transit, freight
    12  and passenger railroad, omnibus, marine and  other  mass  transportation
    13  facilities  and  services,  excluding  rapid transit, railroad, omnibus,
    14  marine and other mass transportation facilities and services  under  the
    15  jurisdiction  of  either  the  metropolitan  transportation authority as

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03763-02-0
        A. 9874                             2

     1  defined in section two hundred nineteen-c of this chapter or a  bi-state
     2  public  benefit corporation, and public use aviation and airport facili-
     3  ties and services[,] whether publicly  or  privately  owned,  developed,
     4  operated or maintained, excluding airports operated by a bi-state public
     5  benefit  corporation.    Such  plan  shall include a minimum twenty-year
     6  forecast period at the time of adoption, assess long-range  needs  span-
     7  ning  such  period, include a forecast of pavement and bridge conditions
     8  of state highways and bridges under the jurisdiction of the  commission-
     9  er, and take into consideration:
    10    a.  the  most  recent  twenty-year transportation plan adopted by each
    11  metropolitan planning organization within the state pursuant to  subpart
    12  C of part 450 of title 23 of the code of federal regulations; and
    13    b. the most recent long-range statewide transportation plan and state-
    14  wide  transportation improvement program developed by the state pursuant
    15  to subpart B of part 450 of title 23 of the code of federal regulations.
    16    2. The department shall submit such plan to the governor,  the  tempo-
    17  rary  president  of  the  senate, the speaker of the assembly and to the
    18  department of state on or  before  September  first,  [nineteen  hundred
    19  sixty-eight,  and  thereafter shall submit appropriate revisions of such
    20  plan] two thousand twenty-one. The department shall  review  and  update
    21  such  plan at least every five years to extend the forecast period to at
    22  least twenty years, provided that the department may revise such plan at
    23  any other time without extending such forecast  period.  The  department
    24  shall  submit  all  such  revised and updated plans to the governor, the
    25  temporary president of the senate, the speaker of the  assembly  and  to
    26  the  department  of state [from time to] at the time [as] such revisions
    27  are made. The department of  state  shall  review  such  plan  and  such
    28  revisions  and  shall submit a report thereon, together with such recom-
    29  mendations as it may deem appropriate, to the  governor,  the  temporary
    30  president  of  the senate and the speaker of the assembly. Such plan and
    31  such revisions shall become effective  upon  approval  by  the  governor
    32  [and],  shall  serve  thereafter  as  a guide to the public and publicly
    33  assisted development of transportation facilities and  services  in  the
    34  state, and the  department shall maintain hard copies of the most recent
    35  version  of such plan and revisions thereto on file as a public document
    36  in the office of the commissioner and at each  regional  office  of  the
    37  department.
    38    3. In formulating such plan and any such revisions, the department:
    39    a.  shall conduct [one or more] at least one public [hearings] hearing
    40  in each department region;
    41    b. may consult with and cooperate with (i)  officials  of  departments
    42  and  agencies of the state having duties and responsibilities concerning
    43  transportation;
    44    (ii) officials and representatives of public corporations  as  defined
    45  in  [article  one,  section  three  of  the general corporation] section
    46  sixty-five of the general construction law;
    47    (iii) officials and representatives  of  the  federal  government,  of
    48  neighboring  states  and  of  interstate  agencies on problems affecting
    49  transportation in this state;
    50    (iv) officials and  representatives  of  carriers  and  transportation
    51  facilities and systems in the state; and
    52    (v) persons, organizations and groups utilizing, served by, interested
    53  in or concerned with transportation facilities and systems in the state;
    54    c.  may  request  and  receive  from  any department, division, board,
    55  bureau, commission or other agency of the state or any political  subdi-
    56  vision  thereof  or any public authority such assistance and data as may
        A. 9874                             3

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