Bill Text: NY A01234 | 2017-2018 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to a state transportation plan; requires the commissioner of transportation to submit to the governor and the legislature long-range transportation plans and five-year capital plans.

Spectrum: Moderate Partisan Bill (Democrat 88-16)

Status: (Introduced - Dead) 2018-01-29 - print number 1234b [A01234 Detail]

Download: New_York-2017-A01234-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         1234--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2017
                                       ___________
        Introduced  by M. of A. ROZIC, ABINANTI, BARRETT, BLAKE, BRINDISI, BRON-
          SON, BUCHWALD, DenDEKKER,  FAHY,  FRIEND,  GOTTFRIED,  HUNTER,  JENNE,
          JOYNER,  KAVANAGH,  LIFTON,  LUPARDO, MAGNARELLI, MAYER, M. G. MILLER,
          McDONALD, McDONOUGH, MONTESANO, MOSLEY, MURRAY, OTIS,  PALMESANO,  RA,
          RAIA,  RODRIGUEZ, RYAN, SANTABARBARA, SEAWRIGHT, SEPULVEDA, SCHIMMING-
          ER,  SIMON,  STECK,  STIRPE,  WALTER,  ZEBROWSKI,  CASTORINA,  D'URSO,
          DE LA ROSA  --  Multi-Sponsored  by  --  M. of A. ABBATE, COOK, ENGLE-
          BRIGHT, GLICK, LUPINACCI, MAGEE, McKEVITT, THIELE  --  read  once  and
          referred  to  the Committee on Transportation -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee
        AN  ACT to amend the state finance 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.  The  state finance law is amended by adding a new section
     2  22-d to read as follows:
     3    § 22-d. State transportation plan. 1. The commissioner of  transporta-
     4  tion  shall develop and present to the governor and legislature by Octo-
     5  ber first, two thousand seventeen:
     6    (a) a comprehensive, twenty-year intermodal, long-range transportation
     7  plan for the state that shall at a  minimum  consider  long-range  needs
     8  spanning  no  less  than a twenty-year time range each time it is devel-
     9  oped. The plan may be developed in multiple documents,  released  simul-
    10  taneously,  that  assess statewide and regional system needs, and may be
    11  analyzed based on geographic area, mode of  transportation,  transporta-
    12  tion  corridors, systems, and other distinct subjects relevant to trans-
    13  portation planning. Such plan shall include without limitation consider-
    14  ation of a balanced, affordable, coordinated network of state and  local
    15  highways,  rapid  transit,  freight  and  passenger  railroad,  omnibus,
    16  marine, aviation, pedestrian/bicycling  and  other  mass  transportation
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01244-03-7
        A. 1234--A                          2
     1  facilities  and  services,  whether publicly or privately owned or main-
     2  tained. Such plan shall also assess its compliance with the most recent-
     3  ly released long-term regional transportation plans for  each  metropol-
     4  itan planning organization in the state.
     5    (b)  a five-year capital plan in state and local highways and bridges,
     6  intercity passenger and freight  rail,  suburban  and  upstate  transit,
     7  ports  and  airports.  In addition, the submittal shall recommend objec-
     8  tives and performance measures to determine the  state's  investment  in
     9  transportation.   Such five-year capital plan shall include the projects
    10  that are intended to be completed within the first  five  years  of  the
    11  long-range  transportation plan required by paragraph (a) of this subdi-
    12  vision and explain how these projects comport  with  the  goals  of  the
    13  long-range  transportation plan required by paragraph (a) of this subdi-
    14  vision.
    15    2. By October first, two thousand twenty and every fifth  year  there-
    16  after, the commissioner of transportation shall:
    17    (a)  fully revise and submit to the governor and legislature the long-
    18  range transportation plan in conformance with paragraph (a) of  subdivi-
    19  sion one of this section; and
    20    (b)  develop  and  submit  to the governor and legislature a five-year
    21  capital plan in conformance with paragraph (b)  of  subdivision  one  of
    22  this  section;  provided  that  the first such five-year plan shall span
    23  fiscal years two thousand twenty-one through  two  thousand  twenty-six,
    24  and the initial and all subsequent twenty-year and five-year plans shall
    25  be aligned with the capital planning schedule of the metropolitan trans-
    26  portation authority.
    27    3. In developing and revising the state long-range transportation plan
    28  and  five-year  capital  plan,  the commissioner of transportation shall
    29  conform to the requirements for eligibility and use of federal and other
    30  fund sources, as applicable, shall seek public review and evaluation  by
    31  any reasonable means and shall:
    32    (a)  consult  and  cooperate with officials and representatives of the
    33  federal  government,  other  governments,  interstate  commissions   and
    34  authorities, state and local agencies and authorities, interested corpo-
    35  rations  and other organizations concerning problems and needs affecting
    36  transportation in the state;
    37    (b) request from an agency or other unit of the state government or of
    38  a political subdivision of the state, or from a public  authority,  such
    39  assistance  and data necessary to enable the commissioner of transporta-
    40  tion to carry out responsibilities under this section; every such entity
    41  shall provide the assistance and data requested, provided, however, that
    42  such assistance shall not waive or  impair  the  terms  of  an  existing
    43  agreement  negotiated  between the relevant employer and employee organ-
    44  ization nor limit any obligation to  bargain  terms  and  conditions  of
    45  employment pursuant to article fourteen of the civil service law;
    46    (c)  conduct at minimum eleven public hearings, one in each department
    47  of transportation region across the state, with opportunity  for  public
    48  comment  to  be  completed  at  least six months before such document is
    49  required to be presented to the  legislature.  Such  hearings  shall  be
    50  conducted  in  accordance with article seven of the public officers law;
    51  and
    52    (d) maintain a section on the department of  transportation's  website
    53  where  the  public at large may view the proposed long-range transporta-
    54  tion plan and five-year capital plan and submit comments about each plan
    55  directly to the commissioner of transportation.
        A. 1234--A                          3
     1    4. Copies of the long-range transportation plan and five-year  capital
     2  plan,  original and as revised, in addition to being made available in a
     3  searchable format on the department of transportation's website shall be
     4  kept on file as a public document in the office of the  commissioner  of
     5  transportation  and  at each regional office of the department of trans-
     6  portation.
     7    5. The commissioner  of  transportation  shall  annually  develop  and
     8  submit  to the governor and legislature, by October thirtieth, two thou-
     9  sand seventeen and each year thereafter, a list  of  projects  scheduled
    10  for  planning, acquisition, design, engineering, environmental analysis,
    11  construction, reconstruction,  restoration,  rehabilitation,  establish-
    12  ment,   improvement,   renovation,  extension,  repair,  revitalization,
    13  management, development, demolition,  reconditioning  and  preservation.
    14  The  list  of  projects shall include an estimate of federal, state, and
    15  other  funds  anticipated  to  be  received  to  fund  each  project;  a
    16  description,  location,  and  itemization of the estimated cost for each
    17  project; and a disbursement schedule of costs over each project's  life,
    18  and  an  explanation of how the list comports with the five-year capital
    19  plan and long-range transportation plan and why there are deviations, if
    20  any, from  the  five-year  capital  plan.  Project  listing  information
    21  related  to  cost  and disbursement schedule shall be publicly available
    22  for download on the department of transportation's website in a searcha-
    23  ble format, including without limitation formatting as an excel file  by
    24  October thirtieth of each year.  In each year a five-year plan is devel-
    25  oped,  the  annual  list of projects shall align with and comport to the
    26  five-year plan, and shall also appear as an appendix  in  the  five-year
    27  plan.
    28    6.  The  list  of  projects and project information annually developed
    29  under subdivision five of this section,  if  amended  by  the  executive
    30  budget,  shall  be  updated to reflect the executive proposed budget and
    31  submitted concurrently, and made available on the department  of  trans-
    32  portation's  website,  with  the  executive  budget,  in addition to the
    33  information required by sections twenty-two  and  twenty-two-c  of  this
    34  article.  A  list  of  projects  or  a separate column shall be provided
    35  concurrently updating  the  status  of  projects  approved  for  funding
    36  commitment or disbursement during the previously enacted budget, showing
    37  whether  funds  were  committed or disbursed as well as any revisions to
    38  each project's scheduled completion and project cost. Such list or lists
    39  of projects and any  project  listing  revisions  reflected  within  the
    40  enacted executive budget shall be subject to a memorandum of understand-
    41  ing  to be signed by the governor, the temporary president of the senate
    42  and the speaker of the assembly. Prior to disbursement of any funds  for
    43  the  five-year  capital  plan and long-range transportation plan for the
    44  department of transportation required by subdivision one of this section
    45  or for the department  of  transportation's  capital  expenditures,  the
    46  memorandum  of  understanding  must  be  signed  by the governor and the
    47  legislative leaders of the senate and assembly and made available on the
    48  department of transportation's website.
    49    7. The department of transportation  shall  annually  provide  to  the
    50  governor,  the  temporary  president  of  the senate, the speaker of the
    51  assembly, and the chairs of the transportation and fiscal committees  of
    52  the  legislature,  on  or before July fifteenth, in electronic format, a
    53  report that details the conditions of state highway pavement  by  region
    54  and  statewide  condition goals for pavement, and the condition of state
    55  and local bridges by county and the statewide condition goals for bridge
    56  conditions.
        A. 1234--A                          4
     1    8. For projects scheduled to obligate construction  funds  during  the
     2  five-year  program  period ending March thirty-first, two thousand twen-
     3  ty-one, the department of transportation shall provide semi-annually  by
     4  region,  a  list of those projects that have experienced "major schedule
     5  changes" or "major cost changes" in letting schedule and/or construction
     6  cost  since  execution  of  the  five-year program. For each project the
     7  report shall include the project  identification  number,  original  and
     8  revised  construction cost estimates, changes in construction cost after
     9  contract award, original and revised letting dates and a detailed expla-
    10  nation of why the changes occurred. For the purposes  of  this  section,
    11  the  term  "major schedule changes" is defined as a twelve-month or more
    12  delay in the letting date, and the term "major cost changes" is  defined
    13  as  a  greater than twenty-five percent change for projects in excess of
    14  fifteen million dollars.
    15    § 2. This act shall take effect immediately.