NY Transp L § 14 (2021)
2021 New York Laws TRA - Transportation Article 2 - Powers, Duties and Jurisdiction of the Department of Transportation 14 - General Functions, Powers and Duties of Department.

§ 14. General   functions,   powers  and  duties  of  department.  The department, by or  through  the  commissioner  or  his  duly  authorized officer  or employee, shall have the following general functions, powers and duties:   1. To coordinate and develop  comprehensive,  balanced  transportation policy  and  planning  for  the  state  to  meet  the present and future statewide  needs  for  adequate,  safe  and   efficient   transportation facilities and services at reasonable cost to the people;   2.  To coordinate and assist in the balanced development and operation of such transportation facilities and services in the  state,  including highway, mass transit, marine and aviation facilities;   3. To develop policies and proposals designed to help meet and resolve the   special   problems   of   urban  and  commuter  transportation  in metropolitan areas throughout the state  and  the  special  problems  of transportation of other areas of the state.   4. To make such studies and analyses of transportation problems as the commissioner may deem appropriate or as may be requested by the governor relating to any aspect of transportation in the state.   5. To consult with and co-operate with  (a)  officials  of departments and agencies of the state having duties and responsibilities concerning transportation;  (b) officials and representatives of public corporations as defined in article one, section three of the general corporation law;  (c) official representatives of the federal government, of neighboring states and of interstate agencies on problems  affecting  transportation in this state;  (d)  officials  and  representatives  of  carriers  and transportation facilities and systems in the state;  (e) persons, organizations and groups utilizing, served by, interested in or concerned with transportation facilities and systems in the state.   6. To  appear  and  participate  in  proceedings  before  any  federal regulatory agency involving or affecting transportation in this state.   7.  For  the  accomplishment  of  the  purposes  of  the department of transportation, to undertake any studies, inquiries, surveys or analyses it may deem relevant through the  personnel  of  the  department  or  in cooperation  with any public or private agencies, including educational, civic and research organizations, colleges, universities, institutes  or foundations.   8.  To  inspect  the  property  and  examine  the  accounts, books and documents of any person, firm or  corporation  engaged  in  operating  a public  transportation facility or system in whole or in part within the state; may hold investigations and hearings within or without the state; and shall have power to compel  the  attendance  of  witnesses  and  the production  of  accounts,  books  and  documents  by  the  issuance of a subpoena.   9. To advise and cooperate with municipal, county, regional and  other local  agencies  and  officials  within  the state to plan and otherwise coordinate the development of a  system  of  air  routes,  airports  and landing fields within the state and to protect their approaches.   10.  To  cooperate  with  other  state  departments,  and with boards, commissions and  other  state  agencies  and  with  appropriate  federal agencies,  and  with  interested  private  individuals and groups in the coordination of plans and policies for the development of  air  commerce and air facilities.   11.  To  act  as  the  official  agency  of  the  state in all matters affecting aviation under  any  federal  laws  now  or  hereafter  to  be enacted,  and as the official agency of a county, town, city, village or authority in connection with the grant or  advance  of  any  federal  or  other  funds  or  credits to the state or through the state to its local governing bodies for airports and other air  facilities  complying  with the provisions of such grants or advances.   12.  To  exercise all functions, powers and duties relating to traffic regulation and control as set forth in the vehicle and traffic law or in other laws.   13. To report from time to time to the governor  and  make  an  annual report  to  the  governor  and  the  legislature which shall include its recommendations.   14.  To  formulate  and  execute  contracts,  keep  accounts,   record personnel  data, acquire property, adjust claims, compile statistics and engage in research opportunities;  all  according  to  the  statutes  or department orders and regulations in such cases made and provided.   14-a.  To  conduct  or  cause  to  be  conducted  an  inventory of air transportation facilities, both publicly or privately  owned,  that  are primarily  used  for  general aviation purposes and provide no regularly scheduled passenger aircraft service  that  results  in  more  than  two thousand five hundred enplaned passengers annually; and to submit, on or before   February  first,  nineteen  hundred  ninety-six,  and  annually thereafter, such inventory to the governor, the temporary  president  of the  senate,  the  speaker  of  the assembly, the minority leader of the senate, the minority leader of the assembly, the  chair  of  the  senate finance  committee  and  the  chair  of  the  assembly  ways  and  means committee, the chairs of the senate  transportation,  local  governments and  commerce,  economic  development and small business committees, and the chairs of the assembly transportation, local government and economic development, job creation, commerce and industry committees.   15. To prepare the plans, specifications, designs and estimates,  and, by  the procedures and methods provided by the laws relating thereto, to construct and reconstruct:  (a) The highways and other public ways that are now or shall hereafter be under the jurisdiction of the department for such  purposes,  whether generally or specially;  (b)  The canals, waterways of the state and structures that are now or shall hereafter be under the jurisdiction of  the  department  for  such purposes;  (c)  The bridges and grade separation structures that are now or shall hereafter be under the jurisdiction of the department for such purposes;  (d)  Parking  facilities  and  appurtenances   at   or   adjacent   to transportation interfaces and connections to such facilities.   15-a.   In  addition  to  any  other  notification  requirements,  the commissioner shall notify the  municipality  in  which  the  highway  is located  at  least  sixty  days  before  commencing construction if such construction shall result in  any  alteration  of  the  course  of  such highway or any alteration in the width of the pavement of such highway.   16.  To  operate  and  maintain:  (a) the state highways, other public ways, bridges and grade separations; (b) the canals,  waterways  of  the state  and structures; and (c) either on its own account or by agreement with a municipality, authority or private contractor, parking facilities and appurtenances  at  or  adjacent  to  transportation  interfaces  and connections  to such facilities; all of which are mentioned generally in the previous subdivision of this section.   17. Notwithstanding the provisions of this chapter or of  any  general or  special  law, and whenever funds therefor are available or have been otherwise provided, the commissioner is hereby authorized and empowered, subject to the approval of the division of the  budget,  to  retain  and employ   private   engineers,   architects  and  consultants,  or  firms practicing such professions for purposes of (1) preparing designs, plans  and estimates of structures of any type  and  character,  (2)  rendering assistance and advice in connection with any project, whether defined or proposed, and under the supervision of the department of transportation, (3)  preparing surveys, studies and plans, including the negotiating for and securing of reservation easements necessary to such plans, for joint development of transportation corridors and provision for  multiple  use outside  the  counties  of Kings and Queens of rights of way appurtenant thereto, and (4) performing such other and  necessary  services  as  the commissioner may deem necessary in the administration of the department.   18.  To  make  and  prescribe rules and regulations in relation to the discharge of the commissioner's functions, powers and duties  and  those of the department of transportation.   19.  The commissioner shall exercise the powers and perform the duties of the commission on boundary  waters  between  the  United  States  and Canada,  created  by  chapter  eight hundred six of the laws of nineteen hundred twenty.   20. The commissioner shall exercise all powers and  duties  vested  in terms  in  the  commissioner or commission of highways since July first, nineteen hundred twenty-three, and also shall exercise  the  powers  and perform  the duties of the interstate bridge commission as prescribed by article two-A of this chapter.   21. The commissioner shall continue to  (a) Keep in his office a map of the state and cause to  be  delineated thereon all changes in the bounds thereof or of the counties therein.  (b)  Collect  and  preserve  all  maps,  plans, drawings, field notes, levels and surveys of every description made for the use  of  the  state and all engineering instruments belonging to the state.   The  maps,  drawings  and  other documents deposited in the department shall be open for inspection of the public at all reasonable hours,  but shall not be removed or taken therefrom.   22.  The commissioner may establish a schedule of fees to be collected by him for (a) the filing in his office or  department  of  any  map  or written  instrument  required by law to be so filed; (b) the preparation of any copy of a map or  written  instrument  filed  in  his  office  or department;  (c)  for certifying any such map or written instrument; and (d) for any other service rendered in connection with the  work  of  his department  and for which he deems it necessary to charge and to collect a fee therefor.   23. When moneys shall have  been  appropriated  therefor,  to  conduct systematic gaging of rainfall and stream flow in the state in connection with the barge canal system.   24.  It  shall be the duty of officers and employees of the department of transportation to  report  to  the  commissioner,  on  blanks  to  be furnished  by  the state industrial commissioner, any and all violations any such officer or employee may personally observe or have  brought  to his  attention  relating  to any of the provisions of articles eight and eight-a of the labor law. The industrial commissioner  may  investigate, or  hold  a  hearing  to determine if such acts or omissions so reported constitute a violation of any of the provisions of  said  articles.  The commissioner  upon  notification  of such violation and determination by the industrial commissioner shall thereupon take proceedings to  enforce the provisions of such articles.   25.  Moneys  heretofore  received  by the department of transportation pursuant to any law  or  to  an  order,  rule  or  regulation  made  and prescribed   by   the  commissioner  regulating  the  discharge  of  his functions, powers and duties and those  of  the  department  and  moneys heretofore  or  hereafter  received pursuant to rules and regulations of the divisions or bureaus in said department regulating the discharge  of  their  function, powers and duties, respectively, may be refunded to the party for whose account same were received, on proof satisfactory to the commissioner that such moneys were in excess of the amount  required  by such  law,  order, rule or regulation. Such refunds shall, upon approval by the commissioner and after audit by the comptroller, be paid from any moneys in the custody of the department of  transportation  received  as fees,  charges,  rentals  or  to  insure  the  performance of conditions imposed under permits pursuant to such orders, rules or regulations.   26. To exercise and perform such other functions, powers and duties as shall have been or may be from time to time conferred or imposed by law, including all the functions, powers and duties assigned and  transferred to  the  department  from  the department of commerce, the department of motor vehicles, the  department  of  public  works  and  the  office  of transportation  in  the  executive department by several chapters of the laws of  nineteen  hundred  sixty-seven  and  from  the  public  service commission  of  the  department of public service by chapter two hundred sixty-seven of the laws of nineteen hundred seventy.   27. Within  amounts  appropriated  to  the  department,  to  contract, outside   the   city   of  New  York,  with  federally-funded  nonprofit organizations that are organized for the purpose  of  beautification  of highways,  parks  and recreation areas and employ persons sixty years of age or older whose net  annual  income  does  not  exceed  one  thousand dollars  to  carry  out  such  activities.  The  contract shall name the organization, the amount and manner of payment for  the  service  to  be rendered, nature of such service, the rendering of a verified account of the disbursements with verified or certified vouchers therefor attached, a  refund  of  any unused amount, and such other conditions upon the use thereof as may be deemed proper.   28. Within amounts appropriated therefor to engage  in  a  program  of improvements  to omnibus terminals, and services attendant thereto, such improvements  and  services  to  include,  but  not   be   limited   to, rehabilitation   of   existing   facilities,  supplying  information  on available transportation services  to  the  traveling  public,  and  the provision of connecting services between transportation modes.   29.   (a)   The   commissioner   shall   develop   and   implement  an Adopt-a-Highway Program, the purpose of which shall  be  to  reduce  and remove  litter  from  the state highways. Such program shall include but not be limited to:  (i) providing and coordinating services by  volunteers  or  groups  to reduce  the  amount  of  litter  on  the highways of the state including safety briefings, reflective safety gear, trash bags, and trashbag  pick up on state highways.  (ii)   providing   and  installing  highway  signs  identifying  those volunteers or groups adopting particular segments of such highways.  (b) Notwithstanding any inconsistent provision of law, the  state  and its  employees  shall  not  be liable for damages suffered by any person resulting from the actions or activities of such volunteers or groups.  (c) The commissioner shall promulgate rules and regulations  necessary to implement and carry out the provisions of this subdivision.   30.  To establish regulations for the determination of hazardous zones pursuant to the provisions of section thirty-six  hundred  thirty-five-b of the education law.   31. To develop a plan to maximize the use of telecommuting to conserve energy otherwise used by the personnel of the department in commuting to their  assigned workplace. Within one year of the effective date of this subdivision, the department shall submit a report to  the  governor  and the  legislature  on  the  impact  of  such  plan to include, but not be  limited to, energy  conservation,  air  quality,  workforce  acceptance, office costs and potential cost savings.   32.  To  cooperate  with the department of environmental conservation, the department of economic development,  and  the  department  of  motor vehicles  to  assist  employers  who  seek  such  assistance and who are located in a severe non-attainment area for ozone, as designated by  the administrator  of  the United States environmental protection agency, to increase average passenger occupancy per vehicle in commuting  trips  of employees between home and workplace during peak travel periods.   33.  (a)  To  promulgate,  in  consultation  with  the  department  of environmental conservation, rules and regulations to implement  a  heavy duty  vehicle  inspection  program  pursuant  to  section 19-0320 of the environmental  conservation  law,  including,  but   not   limited   to, requirements for the roadside inspection of heavy duty vehicles.  (b) To examine, in a manner and at locations deemed appropriate by the commissioner  in consultation with the commissioner of the department of environmental conservation, heavy duty vehicles, as  such  vehicles  are defined  in  section  19-0320  of the environmental conservation law, to ascertain whether such vehicles are in compliance with the  program  for the  inspection of emissions and emissions control equipment established pursuant to such section 19-0320.   34.  To  issue  certifications  with  respect  to  the  transportation improvement credit, as provided for by section twenty of the tax law.   35.  Within amounts appropriated therefor, to establish and administer a safe routes to school program, the purpose of which is to eliminate or reduce  physical  impediments  to  primary  and  secondary   school-aged children walking or bicycling to school.  (a)   The  commissioner  is  hereby  vested  with  the  authority  and responsibility to approve funding for projects authorized  in  paragraph (b)  of  this  subdivision.  The  funding  of projects will be made upon application, in a format prescribed by the commissioner, by the  project sponsor  for  funding  of  prior  expenditures.  Provided, however, that nothing contained in this subdivision shall prohibit any project sponsor from submitting  any  project  authorized  by  such  paragraph  (b)  for consideration  for  federal  funding within the process by which federal funds are obtained, and obtaining such funds.  (b) Safe routes to school projects shall be limited to  project  costs for   the   construction,   reconstruction,   enhancement,  improvement, replacement,    reconditioning,    restoration,    rehabilitation    and preservation  of  crosswalks,  sidewalks,  bicycle  lanes,  and  traffic calming measures where the service life of the project is at  least  ten years.  Funding  of  project  expenditures for an approved project shall require certification from the project sponsor that:  (i) the project has a service life of ten or more years;  (ii) the project is located within two miles of a  primary  school  or within three miles of a secondary school;  (iii)  the  amount  of  funds  requested  is  no  greater  than  prior unreimbursed  municipal  project  expenditures  for  work  completed  or materials incorporated in qualifying projects; and  (iv)  the  amount  of  municipal funds appropriated for transportation capital projects by municipalities shall not be reduced because  of  the availability of these funds.  (c)  The  commissioner  shall  request the project sponsors to furnish such information in writing as may be necessary.  By  written  agreement between them, a county may act for one or more cities, towns or villages in  the implementation of projects eligible for funding pursuant to this subdivision.  A  copy  of  such  agreement  shall  be  filed  with   the commissioner.  (d)  Consideration  also shall be given to the demonstrated need of an applicant, the potential of the project to  reduce  child  injuries  and fatalities,  and  the  potential  of  the project to reduce or eliminate hazardous conditions for pedestrians and/or bicyclists.  (e)  For  the purposes of this subdivision, "traffic calming measures" shall mean any physical engineering measure or measures that reduce  the negative effects of motor vehicle use, alter driver behavior and improve conditions  for  non-motorized  street  users  such  as  pedestrians and bicyclists.   * 36. (a) To promulgate, in  consultation  with  the  commissioner  of motor  vehicles,  rules  and  regulations  to  establish and implement a commercial driver's license (CDL) class A young adult  training  program for  class  A  commercial  driver's license applicants who are eighteen, nineteen or twenty years old.  (b) Such rules and regulations shall be no less protective  of  public safety  than  the rules and regulations promulgated by the federal motor carrier  safety  administration  with  respect  to   the   training   of entry-level   commercial   motor   vehicle  operators.  Such  rules  and regulations shall:  (i) set forth the requirements of, and criteria to be included in, the training program which shall be no  less  than  the  entry-level  driver training  requirements  prescribed  by  the federal motor carrier safety administration under Appendices A, C, D and E of part 380 of title 49 of the Code of Federal Regulations, as may be amended from  time  to  time; and  (ii)  include  no  less  than  three hundred hours of behind-the-wheel training under the immediate supervision and control of  an  experienced driver.  (c)  For  purposes of this subdivision, the following terms shall have the following meanings:  (i) "Young adult" shall mean an individual who is  eighteen,  nineteen or twenty years old.  (ii) "Experienced driver" shall mean an individual who:  (A) is not less than twenty-one years of age;  (B)  holds  a  valid  class A commercial driver's license which is not suspended, revoked or cancelled  pursuant  to  the  provisions  of  this chapter,   the  vehicle  and  traffic  law,  or  rules  and  regulations promulgated thereunder and has held such commercial driver's license for at least two years;  (C) has not, for at least a one-year period: been the  operator  of  a motor  vehicle  involved  in an accident reportable to the federal motor carrier safety administration, or been  the  operator  of  a  commercial motor  vehicle involved in an accident reportable to the commissioner of motor vehicles, or been convicted of a  serious  traffic  violation,  or been  convicted of any violation of title VII of the vehicle and traffic law for which the commissioner of motor  vehicles  assesses  points,  or been  disqualified from operating a commercial motor vehicle pursuant to this chapter, the vehicle and traffic  law,  or  rules  and  regulations promulgated thereunder; and  (D)  has  a  minimum of one year of experience driving, in commerce, a commercial motor vehicle which can only  be  operated  with  a  class  A commercial driver's license.  (iii)  "Serious traffic violation" shall have the same meaning as such term is defined in subdivision four of section five hundred ten-a of the vehicle and traffic law.   * NB Effective May 14, 2022 and Repealed upon certain conditions  (see chapter 618 of 2021 § 4)