Bill Text: NY A02677 | 2023-2024 | General Assembly | Introduced

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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; 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 twenty-two 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 44-6)

Status: (Introduced) 2023-01-26 - referred to transportation [A02677 Detail]

Download: New_York-2023-A02677-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2677

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 26, 2023
                                       ___________

        Introduced  by  M.  of A. ROZIC, BARRETT, BRONSON, FAHY, HUNTER, JOYNER,
          LUPARDO, MAGNARELLI,  OTIS,  SANTABARBARA,  SEAWRIGHT,  SIMON,  STECK,
          STIRPE,  ZEBROWSKI,  WALLACE,  DICKENS,  VANEL, PHEFFER AMATO, LAVINE,
          JEAN-PIERRE, KIM,  BICHOTTE HERMELYN,  DAVILA,  COLTON,  L. ROSENTHAL,
          WILLIAMS,  CARROLL,  D. ROSENTHAL,  EPSTEIN,  DINOWITZ, PAULIN, JONES,
          WEPRIN,  PEOPLES-STOKES,  McMAHON,  FRIEND,  REYES,  CRUZ,  McDONOUGH,
          BRABENEC,  PALMESANO,  RA, WALSH, JACOBSON -- Multi-Sponsored by -- M.
          of A. COOK, GLICK, HEVESI, HYNDMAN, 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
    16  defined in section two hundred nineteen-c of this chapter or a  bi-state
    17  public  benefit corporation, and public use aviation and airport facili-
    18  ties and services[,] whether publicly  or  privately  owned,  developed,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04679-01-3
        A. 2677                             2

     1  operated or maintained, excluding airports operated by a bi-state public
     2  benefit  corporation.    Such  plan  shall include a minimum twenty-year
     3  forecast period at the time of adoption, assess long-range  needs  span-
     4  ning  such  period, include a forecast of pavement and bridge conditions
     5  of state highways and bridges under the jurisdiction of the  commission-
     6  er, and take into consideration:
     7    a.  the  most  recent  twenty-year transportation plan adopted by each
     8  metropolitan planning organization within the state pursuant to  subpart
     9  C of part 450 of title 23 of the code of federal regulations; and
    10    b. the most recent long-range statewide transportation plan and state-
    11  wide  transportation improvement program developed by the state pursuant
    12  to subpart B of part 450 of title 23 of the code of federal regulations.
    13    2. The department shall submit such plan to the governor,  the  tempo-
    14  rary  president  of  the  senate, the speaker of the assembly and to the
    15  department of state on or  before  September  first,  [nineteen  hundred
    16  sixty-eight,  and  thereafter shall submit appropriate revisions of such
    17  plan] two thousand twenty-four. The department shall review  and  update
    18  such  plan at least every five years to extend the forecast period to at
    19  least twenty years, provided that the department may revise such plan at
    20  any other time without extending such forecast  period.  The  department
    21  shall  submit  all  such  revised and updated plans to the governor, the
    22  temporary president of the senate, the speaker of the  assembly  and  to
    23  the  department  of state [from time to] at the time [as] such revisions
    24  are made. The department of  state  shall  review  such  plan  and  such
    25  revisions  and  shall submit a report thereon, together with such recom-
    26  mendations as it may deem appropriate, to the  governor,  the  temporary
    27  president  of  the senate and the speaker of the assembly. Such plan and
    28  such revisions shall become effective  upon  approval  by  the  governor
    29  [and],  shall  serve  thereafter  as  a guide to the public and publicly
    30  assisted development of transportation facilities and  services  in  the
    31  state, and the  department shall maintain hard copies of the most recent
    32  version  of such plan and revisions thereto on file as a public document
    33  in the office of the commissioner and at each  regional  office  of  the
    34  department.
    35    3. In formulating such plan and any such revisions, the department:
    36    a.  shall conduct [one or more] at least one public [hearings] hearing
    37  in each department region;
    38    b. may consult with and cooperate with (i)  officials  of  departments
    39  and  agencies of the state having duties and responsibilities concerning
    40  transportation;
    41    (ii) officials and representatives of public corporations  as  defined
    42  in  [article  one,  section  three  of  the general corporation] section
    43  sixty-five of the general construction law;
    44    (iii) officials and representatives  of  the  federal  government,  of
    45  neighboring  states  and  of  interstate  agencies on problems affecting
    46  transportation in this state;
    47    (iv) officials and  representatives  of  carriers  and  transportation
    48  facilities and systems in the state; and
    49    (v) persons, organizations and groups utilizing, served by, interested
    50  in or concerned with transportation facilities and systems in the state;
    51    c.  may  request  and  receive  from  any department, division, board,
    52  bureau, commission or other agency of the state or any political  subdi-
    53  vision  thereof  or any public authority such assistance and data as may
    54  be necessary to enable the department to carry out its  responsibilities
    55  under this section; and
        A. 2677                             3

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