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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9872A
SPONSOR: Rozic TITLE OF BILL: An act to amend the state finance law, in relation to
a state transportation plan
PURPOSE:
To require the commissioner of transportation to develop and present to
the governor and legislature a five-year capital plan, with defined
projects, that is subject to public review prior to the passage of the
state budget.
SUMMARY OF PROVISIONS:
Section I of the bill amends state finance law by adding new section
22-d to require the commissioner of transportation to develop and pres-
ent to the governor and legislature a twenty-year intermodal, long-range
state transportation plan and a five-year capital program. The commis-
sioner of transportation shall also annually develop and submit to the
governor and the legislature a list of scheduled projects that includes
estimated funding levels. The initial and all subsequent twenty-year and
five-year plans shall be aligned with the capital planning schedule of
the metropolitan transportation authority.
Section II sets forth the effective date.
JUSTIFICATION:
New Yorkers deserve a transparent and accountable capital planning proc-
ess for the NYS Department of Transportation (DOT). Without financial
details, the public and the legislature's ability to participate in
decisions about spending on our state's road, bridge, bus and rail
infrastructure is significantly curtailed.
Unlike the MTA, DOT is not statutorily required to submit a capital
plan. Although the Memo of Understanding was approved in 2009, there is
not currently a publically-reviewable 5-year or 20-year capital plan for
DOT. Historically, the DOT and MTA 5-year capital plans have been nego-
tiated and approved simultaneously; recently, that process has differed.
In order to ensure fiscally-responsible use of state tax dollars, this
process should be based on long-term needs assessments of the transpor-
tation system and include appropriate public, legislative and other
input. Without such details, transparency and accountability to the
public is not possible. The legislature and the public need to know what
transportation projects will advance in the upcoming years, on what
schedule, and at what funding levels.
This bill amends the Finance Law, adding a new Section 22-d that
requires the DOT to submit five-year and twenty-year intermodal trans-
portation plans by October 2016, and every fifth year thereafter. It
also requires the annual submittal of a list of projects, in October
prior to the State annual budget negotiations. These plans, project
lists and related items will be posted online, and subject to public
hearings and comment.
LEGISLATIVE HISTORY:
This is a new bill in the Assembly.
FISCAL IMPACTS ON THE STATE:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9872--A
IN ASSEMBLY
April 20, 2016
___________
Introduced by M. of A. ROZIC, BRINDISI, RYAN, BRENNAN, MAGNARELLI, RAIA,
STECK, BUCHWALD, MAYER, GOTTFRIED, JOYNER, LAVINE, HUNTER, MURRAY,
FRIEND, MONTESANO, RODRIGUEZ, SIMON, RUSSELL, STIRPE, KAVANAGH, FAHY,
BARRETT, OTIS, McDONOUGH, ROBINSON, LIFTON, BRONSON, CERETTO, MILLER,
GOLDFEDER, SANTABARBARA, ZEBROWSKI, LUPARDO, ABINANTI, SCHIMMINGER,
DenDEKKER, RA, MOSLEY, SEPULVEDA, McDONALD, SCHIMEL, PALMESANO, BLAKE,
SEAWRIGHT, WALTER -- Multi-Sponsored by -- M. of A. ABBATE, COOK,
ENGLEBRIGHT, 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 sixteen:
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
17 facilities and services, whether publicly or privately owned or main-
18 tained. Such plan shall also assess its compliance with the most recent-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14953-02-6
A. 9872--A 2
1 ly released long-term regional transportation plans for each metropol-
2 itan planning organization in the state.
3 (b) a five-year capital plan in state and local highways and bridges,
4 intercity passenger and freight rail, suburban and upstate transit,
5 ports and airports. In addition, the submittal shall recommend objec-
6 tives and performance measures to determine the state's investment in
7 transportation. Such five-year capital plan shall include the projects
8 that are intended to be completed within the first five years of the
9 long-range transportation plan required by paragraph (a) of this subdi-
10 vision and explain how these projects comport with the goals of the
11 long-range transportation plan required by paragraph (a) of this subdi-
12 vision.
13 2. By October first, two thousand nineteen and every fifth year there-
14 after, the commissioner of transportation shall:
15 (a) fully revise and submit to the governor and legislature the long-
16 range transportation plan in conformance with paragraph (a) of subdivi-
17 sion one of this section; and
18 (b) develop and submit to the governor and legislature a five-year
19 capital plan in conformance with paragraph (b) of subdivision one of
20 this section; provided that the first such five-year plan shall span
21 fiscal years two thousand twenty through two thousand twenty-five, and
22 the initial and all subsequent twenty-year and five-year plans shall be
23 aligned with the capital planning schedule of the metropolitan transpor-
24 tation authority.
25 3. In developing and revising the state long-range transportation plan
26 and five-year capital plan, the commissioner of transportation shall
27 conform to the requirements for eligibility and use of federal and other
28 fund sources, as applicable, shall seek public review and evaluation by
29 any reasonable means and shall:
30 (a) consult and cooperate with officials and representatives of the
31 federal government, other governments, interstate commissions and
32 authorities, state and local agencies and authorities, interested corpo-
33 rations and other organizations concerning problems and needs affecting
34 transportation in the state;
35 (b) request from an agency or other unit of the state government or of
36 a political subdivision of the state, or from a public authority, such
37 assistance and data necessary to enable the commissioner of transporta-
38 tion to carry out responsibilities under this section; every such entity
39 shall provide the assistance and data requested, provided, however, that
40 such assistance shall not waive or impair the terms of an existing
41 agreement negotiated between the relevant employer and employee organ-
42 ization nor limit any obligation to bargain terms and conditions of
43 employment pursuant to article fourteen of the civil service law;
44 (c) conduct at minimum eleven public hearings, one in each department
45 of transportation region across the state, with opportunity for public
46 comment to be completed at least six months before such document is
47 required to be presented to the legislature. Such hearings shall be
48 conducted in accordance with article seven of the public officers law;
49 and
50 (d) maintain a section on the department of transportation's website
51 where the public at large may view the proposed long-range transporta-
52 tion plan and five-year capital plan and submit comments about each plan
53 directly to the commissioner of transportation.
54 4. Copies of the long-range transportation plan and five-year capital
55 plan, original and as revised, in addition to being made available in a
56 searchable format on the department of transportation's website shall be
A. 9872--A 3
1 kept on file as a public document in the office of the commissioner of
2 transportation and at each regional office of the department of trans-
3 portation.
4 5. The commissioner of transportation shall annually develop and
5 submit to the governor and legislature, by October thirtieth, two thou-
6 sand sixteen and each year thereafter, a list of projects scheduled for
7 planning, acquisition, design, engineering, environmental analysis,
8 construction, reconstruction, restoration, rehabilitation, establish-
9 ment, improvement, renovation, extension, repair, revitalization,
10 management, development, demolition, reconditioning and preservation.
11 The list of projects shall include an estimate of federal, state, and
12 other funds anticipated to be received to fund each project; a
13 description, location, and itemization of the estimated cost for each
14 project; and a disbursement schedule of costs over each project's life,
15 and an explanation of how the list comports with the five-year capital
16 plan and long-range transportation plan and why there are deviations, if
17 any, from the five-year capital plan. Project listing information
18 related to cost and disbursement schedule shall be publicly available
19 for download on the department of transportation's website in a searcha-
20 ble format, including without limitation formatting as an excel file by
21 October thirtieth of each year. In each year a five-year plan is devel-
22 oped, the annual list of projects shall align with and comport to the
23 five-year plan, and shall also appear as an appendix in the five-year
24 plan.
25 6. The list of projects and project information annually developed
26 under subdivision five of this section, if amended by the executive
27 budget, shall be updated to reflect the executive proposed budget and
28 submitted concurrently, and made available on the department of trans-
29 portation's website, with the executive budget, in addition to the
30 information required by sections twenty-two and twenty-two-c of this
31 article. A list of projects or a separate column shall be provided
32 concurrently updating the status of projects approved for funding
33 commitment or disbursement during the previously enacted budget, showing
34 whether funds were committed or disbursed as well as any revisions to
35 each project's scheduled completion and project cost. Such list or lists
36 of projects and any project listing revisions reflected within the
37 enacted executive budget shall be subject to a memorandum of understand-
38 ing to be signed by the governor and the temporary president and majori-
39 ty leader of the senate and the speaker of the assembly. Prior to
40 disbursement of any funds for the five-year capital plan and long-range
41 transportation plan for the department of transportation required by
42 subdivision one of this section or for the department of transporta-
43 tion's capital expenditures, the memorandum of understanding must be
44 signed by the governor and the legislative leaders of the senate and
45 assembly and made available on the department of transportation's
46 website.
47 7. The department of transportation shall annually provide to the
48 governor, the temporary president of the senate, the speaker of the
49 assembly, and the chairs of the transportation and fiscal committees of
50 the legislature, on or before July fifteenth, in electronic format, a
51 report that details the conditions of state highway pavement by region
52 and statewide condition goals for pavement, and the condition of state
53 and local bridges by county and the statewide condition goals for bridge
54 conditions.
55 8. For projects scheduled to obligate construction funds during the
56 five-year program period ending March thirty-first, two thousand twenty,
A. 9872--A 4
1 the department of transportation shall provide semi-annually by region,
2 a list of those projects that have experienced "major schedule changes"
3 or "major cost changes" in letting schedule and/or construction cost
4 since execution of the five-year program. For each project the report
5 shall include the project identification number, original and revised
6 construction cost estimates, changes in construction cost after contract
7 award, original and revised letting dates and a detailed explanation of
8 why the changes occurred. For the purposes of this section, the term
9 "major schedule changes" is defined as a twelve-month or more delay in
10 the letting date, and the term "major cost changes" is defined as a
11 greater than twenty-five percent change for projects in excess of
12 fifteen million dollars.
13 § 2. This act shall take effect immediately.
