Bill Text: NY A04010 | 2021-2022 | General Assembly | Amended


Bill Title: Requires the department of transportation to annually prepare and submit to the legislature certain highway pavement and bridge condition reports.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-12-22 - approval memo.94 [A04010 Detail]

Download: New_York-2021-A04010-Amended.html



                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.
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