§ 14 — General functions, powers and duties of department

New York § 14

• Jurisdiction: New York
• Law TRA: Transportation
• Art. 2: Powers, Duties and Jurisdiction of the Department of Transportation

Text

§ 14. General functions, powers and duties of department. The\ndepartment, by or through the commissioner or his duly authorized\nofficer or employee, shall have the following general functions, powers\nand duties:\n 1. To coordinate and develop comprehensive, balanced transportation\npolicy and planning for the state to meet the present and future\nstatewide needs for adequate, safe and efficient transportation\nfacilities and services at reasonable cost to the people;\n 2. To coordinate and assist in the balanced development and operation\nof such transportation facilities and services in the state, including\nhighway, mass transit, marine and aviation facilities;\n 3. To develop policies and proposals designed to help meet and resolve\nthe special problems of urban and commuter transportation in\nmetropolitan areas throughout the state and the special problems of\ntransportation of other areas of the state.\n 4. To make such studies and analyses of transportation problems as the\ncommissioner may deem appropriate or as may be requested by the governor\nrelating to any aspect of transportation in the state.\n 5. To consult with and co-operate with\n (a) officials of departments and agencies of the state having duties\nand responsibilities concerning transportation;\n (b) officials and representatives of public corporations as defined in\narticle one, section three of the general corporation law;\n (c) official representatives of the federal government, of neighboring\nstates and of interstate agencies on problems affecting transportation\nin this state;\n (d) officials and representatives of carriers and transportation\nfacilities and systems in the state;\n (e) persons, organizations and groups utilizing, served by, interested\nin or concerned with transportation facilities and systems in the state.\n 6. To appear and participate in proceedings before any federal\nregulatory agency involving or affecting transportation in this state.\n 7. For the accomplishment of the purposes of the department of\ntransportation, to undertake any studies, inquiries, surveys or analyses\nit may deem relevant through the personnel of the department or in\ncooperation with any public or private agencies, including educational,\ncivic and research organizations, colleges, universities, institutes or\nfoundations.\n 8. To inspect the property and examine the accounts, books and\ndocuments of any person, firm or corporation engaged in operating a\npublic transportation facility or system in whole or in part within the\nstate; may hold investigations and hearings within or without the state;\nand shall have power to compel the attendance of witnesses and the\nproduction of accounts, books and documents by the issuance of a\nsubpoena.\n 9. To advise and cooperate with municipal, county, regional and other\nlocal agencies and officials within the state to plan and otherwise\ncoordinate the development of a system of air routes, airports and\nlanding fields within the state and to protect their approaches.\n 10. To cooperate with other state departments, and with boards,\ncommissions and other state agencies and with appropriate federal\nagencies, and with interested private individuals and groups in the\ncoordination of plans and policies for the development of air commerce\nand air facilities.\n 11. To act as the official agency of the state in all matters\naffecting aviation under any federal laws now or hereafter to be\nenacted, and as the official agency of a county, town, city, village or\nauthority in connection with the grant or advance of any federal or\nother funds or credits to the state or through the state to its local\ngoverning bodies for airports and other air facilities complying with\nthe provisions of such grants or advances.\n 12. To exercise all functions, powers and duties relating to traffic\nregulation and control as set forth in the vehicle and traffic law or in\nother laws.\n 13. To report from time to time to the governor and make an annual\nreport to the governor and the legislature which shall include its\nrecommendations.\n 14. To formulate and execute contracts, keep accounts, record\npersonnel data, acquire property, adjust claims, compile statistics and\nengage in research opportunities; all according to the statutes or\ndepartment orders and regulations in such cases made and provided.\n 14-a. To conduct or cause to be conducted an inventory of air\ntransportation facilities, both publicly or privately owned, that are\nprimarily used for general aviation purposes and provide no regularly\nscheduled passenger aircraft service that results in more than two\nthousand five hundred enplaned passengers annually; and to submit, on or\nbefore February first, nineteen hundred ninety-six, and annually\nthereafter, such inventory to the governor, the temporary president of\nthe senate, the speaker of the assembly, the minority leader of the\nsenate, the minority leader of the assembly, the chair of the senate\nfinance committee and the chair of the assembly ways and means\ncommittee, the chairs of the senate transportation, local governments\nand commerce, economic development and small business committees, and\nthe chairs of the assembly transportation, local government and economic\ndevelopment, job creation, commerce and industry committees.\n 15. To prepare the plans, specifications, designs and estimates, and,\nby the procedures and methods provided by the laws relating thereto, to\nconstruct and reconstruct:\n (a) The highways and other public ways that are now or shall hereafter\nbe under the jurisdiction of the department for such purposes, whether\ngenerally or specially;\n (b) The canals, waterways of the state and structures that are now or\nshall hereafter be under the jurisdiction of the department for such\npurposes;\n (c) The bridges and grade separation structures that are now or shall\nhereafter be under the jurisdiction of the department for such purposes;\n (d) Parking facilities and appurtenances at or adjacent to\ntransportation interfaces and connections to such facilities.\n 15-a. In addition to any other notification requirements, the\ncommissioner shall notify the municipality in which the highway is\nlocated at least sixty days before commencing construction if such\nconstruction shall result in any alteration of the course of such\nhighway or any alteration in the width of the pavement of such highway.\n 16. To operate and maintain: (a) the state highways, other public\nways, bridges and grade separations; (b) the canals, waterways of the\nstate and structures; and (c) either on its own account or by agreement\nwith a municipality, authority or private contractor, parking facilities\nand appurtenances at or adjacent to transportation interfaces and\nconnections to such facilities; all of which are mentioned generally in\nthe previous subdivision of this section.\n 17. Notwithstanding the provisions of this chapter or of any general\nor special law, and whenever funds therefor are available or have been\notherwise provided, the commissioner is hereby authorized and empowered,\nsubject to the approval of the division of the budget, to retain and\nemploy private engineers, architects and consultants, or firms\npracticing such professions for purposes of (1) preparing designs, plans\nand estimates of structures of any type and character, (2) rendering\nassistance and advice in connection with any project, whether defined or\nproposed, and under the supervision of the department of transportation,\n(3) preparing surveys, studies and plans, including the negotiating for\nand securing of reservation easements necessary to such plans, for joint\ndevelopment of transportation corridors and provision for multiple use\noutside the counties of Kings and Queens of rights of way appurtenant\nthereto, and (4) performing such other and necessary services as the\ncommissioner may deem necessary in the administration of the department.\n 18. To make and prescribe rules and regulations in relation to the\ndischarge of the commissioner's functions, powers and duties and those\nof the department of transportation.\n 19. The commissioner shall exercise the powers and perform the duties\nof the commission on boundary waters between the United States and\nCanada, created by chapter eight hundred six of the laws of nineteen\nhundred twenty.\n 20. The commissioner shall exercise all powers and duties vested in\nterms in the commissioner or commission of highways since July first,\nnineteen hundred twenty-three, and also shall exercise the powers and\nperform the duties of the interstate bridge commission as prescribed by\narticle two-A of this chapter.\n 21. The commissioner shall continue to\n (a) Keep in his office a map of the state and cause to be delineated\nthereon all changes in the bounds thereof or of the counties therein.\n (b) Collect and preserve all maps, plans, drawings, field notes,\nlevels and surveys of every description made for the use of the state\nand all engineering instruments belonging to the state.\n The maps, drawings and other documents deposited in the department\nshall be open for inspection of the public at all reasonable hours, but\nshall not be removed or taken therefrom.\n 22. The commissioner may establish a schedule of fees to be collected\nby him for (a) the filing in his office or department of any map or\nwritten instrument required by law to be so filed; (b) the preparation\nof any copy of a map or written instrument filed in his office or\ndepartment; (c) for certifying any such map or written instrument; and\n(d) for any other service rendered in connection with the work of his\ndepartment and for which he deems it necessary to charge and to collect\na fee therefor.\n 23. When moneys shall have been appropriated therefor, to conduct\nsystematic gaging of rainfall and stream flow in the state in connection\nwith the barge canal system.\n 24. It shall be the duty of officers and employees of the department\nof transportation to report to the commissioner, on blanks to be\nfurnished by the state industrial commissioner, any and all violations\nany such officer or employee may personally observe or have brought to\nhis attention relating to any of the provisions of articles eight and\neight-a of the labor law. The industrial commissioner may investigate,\nor hold a hearing to determine if such acts or omissions so reported\nconstitute a violation of any of the provisions of said articles. The\ncommissioner upon notification of such violation and determination by\nthe industrial commissioner shall thereupon take proceedings to enforce\nthe provisions of such articles.\n 25. Moneys heretofore received by the department of transportation\npursuant to any law or to an order, rule or regulation made and\nprescribed by the commissioner regulating the discharge of his\nfunctions, powers and duties and those of the department and moneys\nheretofore or hereafter received pursuant to rules and regulations of\nthe divisions or bureaus in said department regulating the discharge of\ntheir function, powers and duties, respectively, may be refunded to the\nparty for whose account same were received, on proof satisfactory to the\ncommissioner that such moneys were in excess of the amount required by\nsuch law, order, rule or regulation. Such refunds shall, upon approval\nby the commissioner and after audit by the comptroller, be paid from any\nmoneys in the custody of the department of transportation received as\nfees, charges, rentals or to insure the performance of conditions\nimposed under permits pursuant to such orders, rules or regulations.\n 26. To exercise and perform such other functions, powers and duties as\nshall have been or may be from time to time conferred or imposed by law,\nincluding all the functions, powers and duties assigned and transferred\nto the department from the department of commerce, the department of\nmotor vehicles, the department of public works and the office of\ntransportation in the executive department by several chapters of the\nlaws of nineteen hundred sixty-seven and from the public service\ncommission of the department of public service by chapter two hundred\nsixty-seven of the laws of nineteen hundred seventy.\n 27. Within amounts appropriated to the department, to contract,\noutside the city of New York, with federally-funded nonprofit\norganizations that are organized for the purpose of beautification of\nhighways, parks and recreation areas and employ persons sixty years of\nage or older whose net annual income does not exceed one thousand\ndollars to carry out such activities. The contract shall name the\norganization, the amount and manner of payment for the service to be\nrendered, nature of such service, the rendering of a verified account of\nthe disbursements with verified or certified vouchers therefor attached,\na refund of any unused amount, and such other conditions upon the use\nthereof as may be deemed proper.\n 28. Within amounts appropriated therefor to engage in a program of\nimprovements to omnibus terminals, and services attendant thereto, such\nimprovements and services to include, but not be limited to,\nrehabilitation of existing facilities, supplying information on\navailable transportation services to the traveling public, and the\nprovision of connecting services between transportation modes.\n 29. (a) The commissioner shall develop and implement an\nAdopt-a-Highway Program, the purpose of which shall be to reduce and\nremove litter from the state highways. Such program shall include but\nnot be limited to:\n (i) providing and coordinating services by volunteers or groups to\nreduce the amount of litter on the highways of the state including\nsafety briefings, reflective safety gear, trash bags, and trashbag pick\nup on state highways.\n (ii) providing and installing highway signs identifying those\nvolunteers or groups adopting particular segments of such highways.\n (b) Notwithstanding any inconsistent provision of law, the state and\nits employees shall not be liable for damages suffered by any person\nresulting from the actions or activities of such volunteers or groups.\n (c) The commissioner shall promulgate rules and regulations necessary\nto implement and carry out the provisions of this subdivision.\n * 29-a. (a) To establish and implement a state memorial sign program\nto memorialize persons who died due to injuries sustained in a fatal\nmotor vehicle crash on state highways, including controlled access state\nhighways, maintained by the state which is reportable to the federal\nfatality analysis reporting system (FARS). Such program shall provide\nfor the provision and installation of signs on such state highways\nmaintained by the state in memory of such persons, upon application\nwithin five years of such fatal crash by an immediate family member of\nsuch person and payment of a fee, established by the commissioner, for\nthe costs of design, production, placement, and maintenance of such\nsigns. Such program also shall provide that:\n (i) in the event any member of such person's immediate family submits\nan objection to the placement of such memorial sign to the commissioner,\nthe sign shall not be placed, and shall be removed if the objection was\nreceived after such sign was placed;\n (ii) no memorial sign shall be approved for a person who died while\noperating a motor vehicle in violation of section eleven hundred\nninety-two of the vehicle and traffic law and as a result of such\nintoxication or impairment, such person operated the motor vehicle in a\nmanner that caused the serious physical injury or death of another\nperson;\n (iii) no more than one memorial sign may be placed at the same\nlocation, provided that in the event of multiple applications for a\nsingle location, the commissioner may provide for a sign type capable of\naccommodating multiple applications, provided that such sign otherwise\nmeets the requirements of this subdivision;\n (iv) such memorial signs shall be of a design which differs from signs\nerected to dedicate or memorialize a highway or bridge pursuant to\narticle twelve of the highway law;\n (v) the placement of memorial signs on such state highways maintained\nby the state shall be at locations determined by the commissioner,\ntaking into consideration the crash location, roadway geometry, existing\nsignage and traffic control devices, available right of way, safety\nconcerns, and any other factor the commissioner deems it necessary to\nconsider. Such placement shall also be in accordance with this\nsubdivision, with rules, regulations, and guidelines promulgated by the\ncommissioner, and with the requirements of the Manual on Uniform Traffic\nControl Devices (MUTCD) and any other applicable state or federal law,\nrule, or regulation relating to highway signage. Provided, however, that\nno such sign shall be placed in front of a residence or business;\n (vi) memorial signs placed pursuant to this section shall be removed\ntwo years from the date of their initial placement. The commissioner may\nremove damaged signs, which shall be replaced for the remainder of the\ntwo-year period upon application by an immediate family member and\npayment of a replacement fee as determined by the commissioner.\nProvided, however, the department shall replace, for the remainder of\nthe two-year period, any such sign damaged due to negligence of the\ndepartment and no application or replacement fee shall be required for\nsuch replacement;\n (vii) for the safety of the public, on-site dedication or ceremonies\nand the placement of decorations or other items at the site of a\nmemorial sign shall be prohibited; and\n (viii) information on the state memorial sign program established\npursuant to this subdivision shall be posted on the department's\npublic-facing website, together with highway and traffic safety\ninformation to further inform and educate the public on methods,\npractices, and actions to improve the safety of motor vehicle occupants,\nmotorcyclists, bicyclists, pedestrians, and all roadway users.\n (b) For the purposes of this subdivision, the following terms shall\nhave the following meanings:\n (i) "controlled-access state highway" shall mean every highway,\nstreet, or roadway under the jurisdiction of the state in respect to\nwhich owners or occupants of abutting lands and other persons have no\nlegal right of access to or from the same except at such points only and\nin such manner as may be determined by the state;\n (ii) "fatality analysis reporting system" or "FARS" shall mean the\nnationwide database established by the national highway traffic safety\nadministration of the United States department of transportation, as\nauthorized pursuant to part 30182 of title 49 of the United States code\nand part 403 of title 23 of the United States code, which collects data\non fatal motor vehicle traffic crashes;\n (iii) "highway" shall mean the entire width between the boundary lines\nof every way publicly maintained when any part thereof is open to the\nuse of the public for purposes of vehicular travel;\n (iv) "immediate family" shall mean the decedent's spouse or domestic\npartner, birth parents, adoptive parents, stepparents, birth children,\nadoptive children, stepchildren, siblings, and stepsiblings;\n (v) "manual on uniform traffic control devices" or "MUTCD" shall mean\nthe manual and specifications for a uniform system of traffic control\ndevices maintained by the commissioner of transportation pursuant to\nsection sixteen hundred eighty of the vehicle and traffic law; and\n (vi) "reportable to the federal fatality analysis reporting system"\nshall mean a crash involving a motor vehicle traveling on a trafficway\ncustomarily open to the public resulting in the death of a vehicle\noccupant or a nonoccupant within thirty days of the crash.\n (c) The commissioner shall promulgate rules and regulations necessary\nto implement and carry out the provisions of this subdivision.\n * NB Effective December 12, 2026\n 30. To establish regulations for the determination of hazardous zones\npursuant to the provisions of section thirty-six hundred thirty-five-b\nof the education law.\n 31. To develop a plan to maximize the use of telecommuting to conserve\nenergy otherwise used by the personnel of the department in commuting to\ntheir assigned workplace. Within one year of the effective date of this\nsubdivision, the department shall submit a report to the governor and\nthe legislature on the impact of such plan to include, but not be\nlimited to, energy conservation, air quality, workforce acceptance,\noffice costs and potential cost savings.\n 32. To cooperate with the department of environmental conservation,\nthe department of economic development, and the department of motor\nvehicles to assist employers who seek such assistance and who are\nlocated in a severe non-attainment area for ozone, as designated by the\nadministrator of the United States environmental protection agency, to\nincrease average passenger occupancy per vehicle in commuting trips of\nemployees between home and workplace during peak travel periods.\n 33. (a) To promulgate, in consultation with the department of\nenvironmental conservation, rules and regulations to implement a heavy\nduty vehicle inspection program pursuant to section 19-0320 of the\nenvironmental conservation law, including, but not limited to,\nrequirements for the roadside inspection of heavy duty vehicles.\n (b) To examine, in a manner and at locations deemed appropriate by the\ncommissioner in consultation with the commissioner of the department of\nenvironmental conservation, heavy duty vehicles, as such vehicles are\ndefined in section 19-0320 of the environmental conservation law, to\nascertain whether such vehicles are in compliance with the program for\nthe inspection of emissions and emissions control equipment established\npursuant to such section 19-0320.\n 34. To issue certifications with respect to the transportation\nimprovement credit, as provided for by section twenty of the tax law.\n 35. Within amounts appropriated therefor, to establish and administer\na safe routes to school program, the purpose of which is to eliminate or\nreduce physical impediments to primary and secondary school-aged\nchildren walking or bicycling to school.\n (a) The commissioner is hereby vested with the authority and\nresponsibility to approve funding for projects authorized in paragraph\n(b) of this subdivision. The funding of projects will be made upon\napplication, in a format prescribed by the commissioner, by the project\nsponsor for funding of prior expenditures. Provided, however, that\nnothing contained in this subdivision shall prohibit any project sponsor\nfrom submitting any project authorized by such paragraph (b) for\nconsideration for federal funding within the process by which federal\nfunds are obtained, and obtaining such funds.\n (b) Safe routes to school projects shall be limited to project costs\nfor the construction, reconstruction, enhancement, improvement,\nreplacement, reconditioning, restoration, rehabilitation and\npreservation of crosswalks, sidewalks, bicycle lanes, and traffic\ncalming measures where the service life of the project is at least ten\nyears. Funding of project expenditures for an approved project shall\nrequire certification from the project sponsor that:\n (i) the project has a service life of ten or more years;\n (ii) the project is located within two miles of a primary school or\nwithin three miles of a secondary school;\n (iii) the amount of funds requested is no greater than prior\nunreimbursed municipal project expenditures for work completed or\nmaterials incorporated in qualifying projects; and\n (iv) the amount of municipal funds appropriated for transportation\ncapital projects by municipalities shall not be reduced because of the\navailability of these funds.\n (c) The commissioner shall request the project sponsors to furnish\nsuch information in writing as may be necessary. By written agreement\nbetween them, a county may act for one or more cities, towns or villages\nin the implementation of projects eligible for funding pursuant to this\nsubdivision. A copy of such agreement shall be filed with the\ncommissioner.\n (d) Consideration also shall be given to the demonstrated need of an\napplicant, the potential of the project to reduce child injuries and\nfatalities, and the potential of the project to reduce or eliminate\nhazardous conditions for pedestrians and/or bicyclists.\n (e) For the purposes of this subdivision, "traffic calming measures"\nshall mean any physical engineering measure or measures that reduce the\nnegative effects of motor vehicle use, alter driver behavior and improve\nconditions for non-motorized street users such as pedestrians and\nbicyclists.\n 36. To prepare and submit reports on highway pavement and bridge\nconditions, capital program letting and implementation, capital program\naccomplishments, and non-MTA downstate suburban and upstate transit\ncapital programs. The commissioner shall be responsible for issuing the\nfollowing reports in a searchable electronic format accessible to users\nto the governor, temporary president of the senate, speaker of the\nassembly, the chair of the senate transportation committee, the chair of\nthe assembly transportation committee, the chair of the senate finance\ncommittee and the chair of the assembly ways and means committee:\n (a) On or before June first, two thousand twenty-two and by June first\nof each year thereafter, a report for each state fiscal year detailing\nthe department's on-state system capital projects and off-state system\nlocal capital projects, as defined in subdivision two-a of section two\nof the state finance law, planned for the fiscal year including projects\nreceiving funds pursuant to New York works. Such report shall include\nprojects expected to be advertised for public bid in the respective\nstate fiscal year, including estimated letting dates by department\nregion. The report shall also include a project description, proposed\nmonth of letting, project identification number, and preliminary project\ncost estimates. Such report shall present project letting details by\ndepartment region, within region by funding source, within funding\nsource by capital program category (pavement preservation, pavement\nreconstruction, bridge preservation, bridge rehabilitation or\nreplacement, safety, mobility, and other), and within capital program\ncategory by project phase (scoping, preliminary engineering,\nright-of-way, final design and construction). After completion of each\nquarter, the department shall issue a report, including the actual\nletting dates and contract amounts for each project accompanied by the\nsame information. The report shall also compare changes in planned\nconstruction lettings with actual project lettings, changes in project\ncosts of more than twenty-five percent for projects exceeding fifteen\nmillion dollars and the contributing factors for such project cost\nchanges, and changes in project letting schedules of more than twelve\nmonths and contributing factors for such changes in letting schedules,\nand the estimated number of jobs created by each project. For purposes\nof this subdivision, "preliminary project cost estimates" shall mean\npublicly available project cost estimates including those required by\nthe Statewide Transportation Improvement Program (STIP) established\npursuant to Title 23 U.S.C. sections 134 and 135, Title 23 C.F.R. Part\n450 and Title 49 U.S.C. Chapter 53 and those required by Transportation\nImprovement Programs (TIPs) as defined by Title 23 U.S.C. section\n134(b)(6). For projects without such estimates, such term shall mean\nestimates in the following ranges: one to one hundred thousand dollars,\none hundred thousand to two hundred fifty thousand dollars, two hundred\nfifty thousand to five hundred thousand dollars, five hundred thousand\nto one million dollars, one million to two million five hundred thousand\ndollars, two million five hundred thousand to five million dollars, five\nmillion to ten million dollars, ten million to fifteen million dollars,\nfifteen million to twenty-five million dollars, twenty-five million to\nseventy-five million dollars, seventy-five million to one hundred fifty\nmillion dollars, and one hundred fifty million dollars or greater.\n (b) On or before June first, two thousand twenty-two and by June first\nof each year thereafter, an accomplishment report for the prior state\nfiscal year detailing the amount of funding obligated for major capital\nprogram categories including: pavement preservation, pavement\nreconstruction, bridge preservation, bridge rehabilitation or\nreplacement, safety, and mobility. Such capital report shall present\ndetails by department region, within region by funding source, within\nfunding source by capital program category and within capital program\ncategory by project phase, including by scoping, preliminary\nengineering, right-of-way, final design and construction phase.\n (c) On or before June first, two thousand twenty-two and by June first\nof each year thereafter, a highway pavement and bridge condition report\nthat details conditions of state highway pavement by department region\nand statewide condition goals for pavement, the condition of state and\nlocally owned bridges by county and the statewide condition goals for\nbridge conditions, as well as the respective goals for each of these\nclasses for the previous three years.\n (d) (i) On or before June first, two thousand twenty-two and by June\nfirst of each year thereafter, a report detailing the allocations and\ndisbursements made by the department for the prior state fiscal year of\ncapital funds appropriated for public transportation providers within\nthe metropolitan commuter transportation district that exclude the\nmetropolitan transportation authority and its subsidiaries, and for\npublic transportation providers outside the metropolitan commuter\ntransportation district. The report on capital fund use shall indicate\nthe amount of capital funds allocated and disbursed by the department to\neach respective transportation provider by capital element, including,\nbut not limited to: rolling stock and buses, passenger stations, track,\nline equipment, line structures, signals and communications, power\nequipment, emergency power equipment and substations, shops, yards,\nmaintenance facilities, depots and terminals, service vehicles, security\nsystems, electrification extensions, and unspecified, miscellaneous and\nemergency.\n (ii) On or before June first, two thousand twenty-two and by June\nfirst of every fifth year thereafter, the department shall conduct a\nneeds assessment for each public transportation provider, excluding the\nmetropolitan transportation authority and its subsidiaries, that\nincludes but is not limited to: vehicle age and condition, facility and\nequipment state of good repair, and consistency with federal and state\nsystem safety plans. For purposes of this subparagraph, the term "public\ntransportation provider" shall mean those public transportation systems\nreceiving capital funds from the state, and the term "public\ntransportation system" shall have the same meaning as such term is\ndefined in subdivision one of section eighteen-b of this article,\nexcluding the metropolitan transportation authority and its\nsubsidiaries.\n