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

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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

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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.