2023 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. To prepare and submit  reports  on  highway  pavement  and  bridge
conditions,  capital program letting and implementation, capital program
accomplishments, and non-MTA  downstate  suburban  and  upstate  transit
capital  programs. The commissioner shall be responsible for issuing the
following reports in a searchable electronic format accessible to  users
to  the  governor,  temporary  president  of  the senate, speaker of the
assembly, the chair of the senate transportation committee, the chair of
the assembly transportation committee, the chair of the  senate  finance
committee and the chair of the assembly ways and means committee:
(a) On or before June first, two thousand twenty-two and by June first
of  each  year thereafter, a report for each state fiscal year detailing
the department's on-state system capital projects and  off-state  system
local  capital  projects, as defined in subdivision two-a of section two
of the state finance law, planned for the fiscal year including projects
receiving funds pursuant to New York works. Such  report  shall  include
projects  expected  to  be  advertised  for public bid in the respective
state fiscal year,  including  estimated  letting  dates  by  department
region.  The  report  shall also include a project description, proposed
month of letting, project identification number, and preliminary project
cost estimates. Such report shall present  project  letting  details  by
department  region,  within  region  by  funding  source, within funding
source by capital  program  category  (pavement  preservation,  pavement
reconstruction,    bridge   preservation,   bridge   rehabilitation   or
replacement, safety, mobility, and other), and  within  capital  program
category   by   project   phase   (scoping,   preliminary   engineering,
right-of-way, final design and construction). After completion  of  each
quarter,  the  department  shall  issue  a  report, including the actual
letting dates and contract amounts for each project accompanied  by  the
same  information.  The  report  shall  also  compare changes in planned
construction lettings with actual project lettings, changes  in  project
costs  of  more  than twenty-five percent for projects exceeding fifteen
million dollars and the  contributing  factors  for  such  project  cost
changes,  and  changes  in project letting schedules of more than twelve
months and contributing factors for such changes in  letting  schedules,
and  the  estimated number of jobs created by each project. For purposes
of this subdivision, "preliminary project  cost  estimates"  shall  mean
publicly  available  project  cost estimates including those required by
the Statewide  Transportation  Improvement  Program  (STIP)  established
pursuant  to  Title 23 U.S.C. sections 134 and 135, Title 23 C.F.R. Part
450 and Title 49 U.S.C. Chapter 53 and those required by  Transportation
Improvement  Programs  (TIPs)  as  defined  by  Title  23 U.S.C. section
134(b)(6). For projects without such estimates,  such  term  shall  mean
estimates  in the following ranges: one to one hundred thousand dollars,
one hundred thousand to two hundred fifty thousand dollars, two  hundred
fifty  thousand  to five hundred thousand dollars, five hundred thousand
to one million dollars, one million to two million five hundred thousand
dollars, two million five hundred thousand to five million dollars, five
million to ten million dollars, ten million to fifteen million  dollars,
fifteen  million  to twenty-five million dollars, twenty-five million to

seventy-five million dollars, seventy-five million to one hundred  fifty
million dollars, and one hundred fifty million dollars or greater.
(b) On or before June first, two thousand twenty-two and by June first
of  each  year  thereafter, an accomplishment report for the prior state
fiscal year detailing the amount of funding obligated for major  capital
program    categories   including:   pavement   preservation,   pavement
reconstruction,   bridge   preservation,   bridge   rehabilitation    or
replacement,  safety,  and  mobility.  Such capital report shall present
details by department region, within region by  funding  source,  within
funding  source  by  capital program category and within capital program
category  by  project   phase,   including   by   scoping,   preliminary
engineering, right-of-way, final design and construction phase.
(c) On or before June first, two thousand twenty-two and by June first
of  each year thereafter, a highway pavement and bridge condition report
that details conditions of state highway pavement by  department  region
and  statewide  condition goals for pavement, the condition of state and
locally owned bridges by county and the statewide  condition  goals  for
bridge  conditions,  as  well  as the respective goals for each of these
classes for the previous three years.
(d) (i) On or before June first, two thousand twenty-two and  by  June
first  of  each  year thereafter, a report detailing the allocations and
disbursements made by the department for the prior state fiscal year  of
capital  funds  appropriated  for public transportation providers within
the metropolitan  commuter  transportation  district  that  exclude  the
metropolitan  transportation  authority  and  its  subsidiaries, and for
public  transportation  providers  outside  the  metropolitan   commuter
transportation  district.  The report on capital fund use shall indicate
the amount of capital funds allocated and disbursed by the department to
each respective transportation provider by capital  element,  including,
but  not limited to: rolling stock and buses, passenger stations, track,
line equipment,  line  structures,  signals  and  communications,  power
equipment,  emergency  power  equipment  and  substations, shops, yards,
maintenance facilities, depots and terminals, service vehicles, security
systems, electrification extensions, and unspecified, miscellaneous  and
emergency.
(ii)  On  or  before  June  first, two thousand twenty-two and by June
first of every fifth year thereafter, the  department  shall  conduct  a
needs  assessment for each public transportation provider, excluding the
metropolitan  transportation  authority  and  its   subsidiaries,   that
includes  but is not limited to: vehicle age and condition, facility and
equipment state of good repair, and consistency with federal  and  state
system safety plans. For purposes of this subparagraph, the term "public
transportation  provider" shall mean those public transportation systems
receiving  capital  funds  from  the  state,  and   the   term   "public
transportation  system"  shall  have  the  same  meaning as such term is
defined in subdivision  one  of  section  eighteen-b  of  this  article,
excluding    the   metropolitan   transportation   authority   and   its
subsidiaries.