STATE OF NEW YORK
________________________________________________________________________
4010--B
2021-2022 Regular Sessions
IN ASSEMBLY
February 1, 2021
___________
Introduced by M. of A. THIELE, BYRNES, GRIFFIN, JACOBSON, PALMESANO --
read once and referred to the Committee on Transportation -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- reported and referred to the Committee on Ways
and Means -- reported and referred to the Committee on Rules -- Rules
Committee discharged, bill amended, ordered reprinted as amended and
recommitted to the Committee on Rules
AN ACT to amend the transportation law, in relation to requiring the
department of transportation to annually prepare and submit to the
legislature certain highway pavement and bridge condition reports
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 14 of the transportation law is amended by adding a
2 new subdivision 36 to read as follows:
3 36. To prepare and submit reports on highway pavement and bridge
4 conditions, capital program letting and implementation, capital program
5 accomplishments, and non-MTA downstate suburban and upstate transit
6 capital programs. The commissioner shall be responsible for issuing the
7 following reports in a searchable electronic format accessible to users
8 to the governor, temporary president of the senate, speaker of the
9 assembly, the chair of the senate transportation committee, the chair of
10 the assembly transportation committee, the chair of the senate finance
11 committee and the chair of the assembly ways and means committee:
12 (a) On or before January first, two thousand twenty-two and by January
13 first of each year thereafter, a report for each forthcoming state
14 fiscal year detailing the department's on-state system capital projects
15 and off-state system local capital projects, as defined in subdivision
16 two-a of section two of the state finance law, planned for the forthcom-
17 ing fiscal year including projects receiving funds pursuant to New York
18 works. Such report shall include projects expected to be advertised for
19 public bid in the respective state fiscal year, including estimated
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03335-07-1
A. 4010--B 2
1 letting dates by department region. The report shall also include a
2 project description, proposed month of letting, project identification
3 number, and project cost estimates. Such report shall present project
4 letting details by department region, within region by funding source,
5 within funding source by capital program category (pavement preserva-
6 tion, pavement reconstruction, bridge preservation, bridge rehabili-
7 tation or replacement, safety, mobility, and other), and within capital
8 program category by project phase (scoping, preliminary engineering,
9 right-of-way, final design and construction). After completion of each
10 quarter, the department shall issue a report, including the actual
11 letting dates and contract amounts for each project accompanied by the
12 same information. The report shall also compare changes in planned
13 construction lettings with actual project lettings, changes in project
14 costs of more than twenty-five percent for projects exceeding fifteen
15 million dollars and the contributing factors for such project cost
16 changes, and changes in project letting schedules of more than twelve
17 months and contributing factors for such changes in letting schedules,
18 and the estimated number of jobs created by each project.
19 (b) On or before June first, two thousand twenty-two and by June first
20 of each year thereafter, an accomplishment report for the prior state
21 fiscal year detailing the amount of funding obligated for major capital
22 program categories including: pavement preservation, pavement recon-
23 struction, bridge preservation, bridge rehabilitation or replacement,
24 safety, and mobility. Such capital report shall present details by
25 department region, within region by funding source, within funding
26 source by capital program category and within capital program category
27 by project phase, including by scoping, preliminary engineering, right-
28 of-way, final design and construction phase.
29 (c) On or before June first, two thousand twenty-two and by June first
30 of each year thereafter, a highway pavement and bridge condition report
31 that details conditions of state highway pavement by department region
32 and statewide condition goals for pavement, the condition of state and
33 locally owned bridges by county and the statewide condition goals for
34 bridge conditions, as well as the respective goals for each of these
35 classes for the previous three years.
36 (d) (i) On or before June first, two thousand twenty-two and by June
37 first of each year thereafter, a report detailing the allocation and
38 disbursement for the prior state fiscal year of capital funds appropri-
39 ated for public transportation providers within the metropolitan commu-
40 ter transportation district that exclude the metropolitan transportation
41 authority and its subsidiaries, and for public transportation providers
42 outside the metropolitan commuter transportation district. The report on
43 capital fund use shall indicate the amount of capital funds allocated
44 and disbursed to each respective transportation provider by capital
45 element, including, but not limited to: rolling stock and buses, passen-
46 ger stations, track, line equipment, line structures, signals and commu-
47 nications, power equipment, emergency power equipment and substations,
48 shops, yards, maintenance facilities, depots and terminals, service
49 vehicles, security systems, electrification extensions, and unspecified,
50 miscellaneous and emergency.
51 (ii) On or before June first, two thousand twenty-two and by June
52 first of every fifth year thereafter, the department shall conduct a
53 needs assessment for each public transportation provider that includes
54 but is not limited to: vehicle age and condition, facility and equipment
55 state of good repair, and consistency with federal and state system
56 safety plans. For purposes of this subparagraph, the term "public trans-
A. 4010--B 3
1 portation provider" shall mean those public transportation systems
2 receiving capital funds from the state, and the term "public transporta-
3 tion system" shall have the same meaning as such term is defined in
4 subdivision one of section eighteen-a of this article.
5 § 2. This act shall take effect immediately.